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HomeMy WebLinkAboutMINUTES - 12081992 - H.11B h. 11 b . EXHIBIT G MITIGATION MONITORING AND REPORTING PROGRAM FOR THE WIEDEMANN RANCH RESIDENTIAL COMMUNITY PROJECT NOVEMBER, 1992 PREPARED FOR: CONTRA COSTA COUNTY PREPARED BY PUBLIC AFFAIRS MANAGEMENT ADOPTED: (Date) BY• MITIGATION MONITORING AND REPORTING PROGRAM FOR THE WIEDEMANN RANCH RESIDENTIAL COMMUNITY PROJECT TABLE OF CONTENTS I . INTRODUCTION 1 Purpose of the Report 1 Project Description 1 Monitoring and Reporting Overview 1 How to Use this Report 2 II . MONITORING AND REPORTING REQUIREMENTS FOR MITIGATION MEASURES IN THE SUPPLEMENTAL EIR FOR THE WIEDEMANN RANCH PROJECT 3 III . MONITORING AND REPORTING REQUIREMENTS FOR MITIGATION MEASURES IN THE WESTSIDE SPECIFIC PLAN EIR 39 IV. ADDITIONAL CONDITIONS OF APPROVAL 56 V. MITIGATION MEASURE MONITORING AND REPORTING COMPLIANCE FORM 66 VI . MASTER MITIGATION COMPLIANCE CHECKLIST 67 APPENDIX A - COMPLETE SET OF CONDITIONS 79 I. INTRODUCTION Purpose of the Report The following Mitigation Monitoring Report has been prepared for the Wiedemann Ranch Residential Community Project in accordance with the California Environmental Quality Act (CEQA) and Assembly Bill 3180 (AB 3180) . AB 3180 requires public agencies to report on or monitor mitigation measures adopted under the CEQA process to ensure compliance during project implementation. The provisions of AB 3180 are triggered when a public agency 1) adopts a mitigated negative declaration, or 2) completes an Environmental Impact Report (EIR) and makes findings pursuant to subdivision (a) of the Public Resources Code section 21081 which states that, "changes or alterations have been required in, or incorporated into the project for which an EIR has been completed which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. " AB 3180 leaves the task of designing a reporting or monitoring program to individual public agencies. Under AB 3180, public agencies are given broad latitude in developing programs to meet the variety of projects and circumstances affecting their jurisdiction. This Monitoring and Reporting program has been specifically designed for the Wiedemann Ranch Project. It is based on the mitigation measures adopted for the project as specified in the Draft Supplemental EIR, dated June, 1992 and the Final Supplemental EIR, dated September, 1992 . This report has been prepared for Contra Costa County, the Lead Agency responsible for the preparation of the Draft Supplemental EIR, Final Supplemental EIR, and Findings for the project. However, many of the mitigation measures are the responsibility of the project applicant. Project Description The Wiedemann Ranch Residential Community Project is located on approximately 1, 143 acres located west of the City of San Ramon along the south side of Norris Canyon Road. The project would involve development of 371 homes on approximately 288 acres of the 1, 143 acre site. The project also includes an 8 . 8 acre community park complex and approximately 172 acres of common open space within the development. The remaining 673 acres of the site will be preserved as privately-owned deed restricted agricultural land and open space. The 673 .acres is divided into three (3) lots averaging approximately 200 acres each which include one development site within each parcel. Monitoring and Reporting Overview The following Mitigation Monitoring and Reporting Program is organized as follows: Section II. Monitoring and Reporting Requirements for Mitigation Measures Contained in the Supplemental EIR for the Wiedemann Ranch Project This section of the report presents the monitoring and reporting requirements necessary to comply with AB 3180. This section is divided into the same topic areas used in the Draft and Final Supplemental EIRs (Land Use, Noise, Air Quality, etc. ) . Under each of these headings, the adopted mitigation measure(s) to reduce the significant impact to a less-than-significant level are presented. Each of the mitigation measures is followed by the appropriate Condition of Approval. This is followed by the appropriate monitoring and reporting requirements necessary to ensure implementation of the mitigation measure and conditions of approval. Under the Monitoring and Reporting Requirements 1 section, specific tasks, their timing and the agency or party responsible is identified. Each of these tasks is assigned a number to allow tracking through the reporting process. Section III. Monitoring and Reporting Requirements for Mitigation Measures Contained in the Westside Specific Plan EIR This section of the report contains the mitigation measures from the Westside Specific Plan EIR that are applicable to the Wiedemann Ranch project. The format of this section is the same as Section II. with each mitigation measure followed by the appropriate condition of approval and monitoring and reporting tasks. Section IV. Additional Conditions of Approval This section of the report contains the remaining conditions of approval adopted as part of the Wiedemann Ranch project. These conditions are not specifically tied to mitigation measures in either the Wiedemann Ranch Supplemental EIR or the Westside Specific Plan EIR. These conditions are provided for informational purposes. No Mitigation Monitoring and Reporting requirements are necessary for these conditions. Section V. Mitigation Compliance Report This section contains a sample Monitoring and Reporting Compliance Form which is to be filled out by the responsible agency or party upon complying with each specific monitoring and reporting task identified in Section II of this program. Each report should be filled out indicating the specific task number for which the report is being completed. All mitigation compliance reports should then be filed with the Contra Costa County Community Development Department. Section VI. Master Mitigation Compliance Checklist This section contains a master checklist which contains each of the monitoring and reporting tasks identified in Section II of this program. This master checklist will provide a means to track the individual monitoring and reporting tasks and ensure compliance with all the mitigation measures adopted for the project. Completion of this checklist, along with the individual compliance reports, will meet the reporting requirements of AB 3180. How to Use this Report The Lead Agency (Contra Costa County) shall coordinate the implementation of mitigation measures for which other agencies are responsible. Mitigation Compliance Forms shall be submitted to: Director of Community Development or Appointee Contra Costa County Community Development Department 651 Pine Street, North Wing Martinez, California 94553 2 II. MONITORING AND REPORTING REQUIREMENTS FOR MITIGATION MEASURES IN THE SUPPLEMENTAL EIR FOR THE WIEDEMANN RANCH PROJECT 1. LAND USE No mitigation measures were recommended or required for land use in the Draft and Final Supplemental EIRs. 2 . AESTHETICS Mitigation Measure: • Prepare and submit detailed landscape plans to the County for review and approval prior to approval of the project's final subdivision map. The plans should identify the location, type and size of all trees to be planted. All plants should be native species to provide visual integrity and water conservation. (Responsibility: Project Applicant) Condition(s) of Approval: • Proposed subdivision landscape plans shall be prepared by a licensed landscape architect and shall be certified for compliance with the County Water Conservation Ordinance. Use of naturally indigenous trees and shrubs is encouraged. The applicant shall provide a suitable instrument guaranteeing to the County the survival of the approved plantings for a period of at least 24 months following completion of planting. (Condition 3 .L.) • As part of the final development plan application, the applicant shall submit detailed development plans for any common facilities located within that particular map phase for the review and approval by the Planning Commission. All approved facilities shall be completed prior to issuance of building permits within the phase in which the common facilities are located. (Condition 28) • Landscape plans for all common areas shall be prepared by a licensed landscape architect . Plans shall be certified for compliance with the Water Conservation in New Developments Ordinance (No. 90-59) . Proposed shrubs shall be a minimum 5-gallons in size; proposed trees shall be a minimum 15- gallons in size. Prior to approval, the East Bay Municipal Utility District and Public Works Department, Road Engineering Section, shall be provided an opportunity to review and comment on the plans . Landscaping shall be designed so as to minimize landscape maintenance costs . Approved common area landscaping shall be installed prior to occupancy of units for each phase of the subdivision. The plans shall demonstrate by design and selection of material compliance with Chapter 82-18 of the Zoning Code, "Sight Obstruction at Intersections" . Prior to submittal to the Planning Commission, the Public Works Department, Road Engineering Division shall be provided an opportunity to review and comment on all landscape plans adjacent to roads and driveway intersections . (Condition 29) Monitoring and Reporting Requirements: Task 2 .1 Prepare Detailed Landscape Plan The detailed landscape plan prepared by a licensed landscape architect shall be submitted to the County 3 for review and approval prior to approval of the final development plan. (Responsibility: Project Applicant) Task 2.2 Installation of Landscaping The landscaping shall be installed prior to the issuance of building permits for the phase within which the landscaping is located. (Responsibility: Project Applicant) Task 2 .3 Monitoring Landscaping The landscaping shall be monitored for 24 months after planting to ensure survivability. Any plants that are lost shall be replaced. At the end of 90 days a landscape architect shall inspect the plantings and file a report with the County. (Responsibility: Project Applicant) Mitigation Measure: • The proposed Design Guidelines and all related measures should be reviewed by County Staff and should be made into formal conditions of approval. (Responsibility: County Staff) Condition(s) of Approval: • The proposed design guidelines shall be revised to provide for the following: A. Design restrictions shall be made enforceable by the County. B. The minimum setback from the road right-of-way for front-entry garages shall be 18 feet; side-entry garages shall observe a minimum setback of 12 feet. Any proposed placement of garages within the specified setback areas shall be considered on a case-by-case basis and only where it can be documented that no adverse sight-distance problems will result (e.g. , end of cul-de-sacs) . All garage doors shall be designed as automatic sectional doors. C. All lots shall have a minimum gradient of 1 .5% to ensure proper drainage . All paved surfaces shall have a minimum of 1% gradient . D. Each lot shall be divided into three areas as follows: 1) Building Area: Shall be the area on each lot within which the primary residential structure and accessory structures can be constructed. This would include attached garages . The building area shall also include the primary parking area (s) , fences and irrigated landscaped areas on each lot. 2) Controlled Development Area: Shall be the area within which ancillary structures such as pools, gardens and in some case detached garages can be constructed. Fire control measures shall be enforced within this area . 3) Private Open Space Area: Shall be the portion of each lot within which no development can occur. The development envelopes shall be established prior to issuance of building permits and submitted to Community Development and Building Inspection Departments. 4 E. Front yard setbacks of 25 feet, sideyard setbacks of 15 feet, and backyard setbacks of 25 feet should be maintained wherever possible. However, exceptions from the setback standards may be appropriate due to site constraints and for lots along the south side of "A" Drive in the vicinity of the cross valley ridge to reduce off-site visual impact . F. A 100-foot setback from creeks shall be maintained by all abutting structures measured from the centerline of the creek. Scenic easements may be recorded where appropriate to ensure limitations on development. The scenic easement shall not take the place of development rights deeded to the County as required by Section 914- 14 . 012, "Structures Setback Lines for Unimproved Earth Channels . " G. Individual lot grading shall employ contour grading concepts. Approval by the Building Inspection Department shall include grading permit requirements. H. All grades or non-structural slopes shall be 3 :1 or flatter unless supported by geotechnical engineering reports . I. Buildings shall be designed to work with the existing topography of the site. Split pads, stepped footings, pier and grade beam foundations shall be employed to fit each structure to the slope of each lot. J. Roof forms and roof lines shall be designed to break up the mass of the roof. Irregular roof lines shall be utilized to avoid long, linear unbroken roof lines . K. Large gabled ends on downhill elevations, overhanging stilted decks, large walls in single planes and retaining walls should be avoided. Retaining walls should be broken into smaller components and terraces where feasible. L. Maximum building heights shall be 35 feet . Height of the houses along the south side of "A" Drive shall be subject to the review and approval of the Zoning Administrator. M. Building colors shall be earthtones . Bright colors (reds, blues and greens) shall be avoided. Exterior wall and roof colors and materials shall utilize medium-to-dark earth-tone colors, defined as less than 50% light reflectance. A licensed architect shall certify submitted elevations for compliance with this requirement. Exterior walls shall be of wood siding, wood shingles, brick or masonry, natural colored cement plaster, or other similar natural texture and colors. Roofs shall be flat concrete shingles, clay tile (earthtones only) or other suitable roofing material of earthtone colors . N. In accord with the proposed CC & R's, an internal Architectural Review Board shall be created to review and approve plans in accordance with the residential design guidelines prior to submittal of plans to Community Development and Building Inspection Departments . O. Lots along "A" Drive in the vicinity of the cross- valley ridge (Lots 29-55 and 169-180) shall be subject to architectural review by the Zoning Administrator pursuant to the requirements of this condition and the 5 Supplemental Environmental Impact Report which identified the following restrictions on these lots . 1) Possible reduction of structure height to reduce visual impacts shall be subject to approval of the Zoning Administrator. 2) Variable sideyard setbacks to reduce massing. 3) Reduced front yard setbacks from the minimum 25 feet. 4) Additional landscape requirements for backyards. 5) Muted roof colors. Maximum structure height, minimum sideyard setbacks and minimum front yard setbacks shall be determined as part of the final development plan approval . P. Front yard, side yard and rear yard setback standards as defined in the project design guidelines shall apply (consistent or greater than R-20 standards) . Where the project design guidelines are silent, the development provisions of the R-15 Single Family Residential District (for lots from 15, 000 to 19, 999 square feet) , and R-20 Single Family Residential (for lots 20, 000 square feet or greater) shall apply. (Condition 30) Monitoring and Reporting Requirements: Task 2 .4 Creation of an Internal Architectural Review Board An Architectural Review Board shall be created to review and approve plans in accordance with the design guidelines prior to this submittal to the County. (Responsibility: Project Applicant) Task 2 .5 Zoning Administrator Review Plans for homes located along "A" Drive in the vicinity of the Cross-Valley Ridge (lots 29-55 and 169-180) shall be subject to architectural review by the Zoning Administrator after approval by the internal Architectural Review Board. (Responsibility: Project Applicant) Mitigation Measure: • Construction period monitoring during construction should occur to document compliance with the proposed Design Guidelines and related commitments that would mitigate visual impacts. (Responsibility: County Staff and Project Applicant) Condition(s) of Approval: • Submit a grading/tree preservation plan prior to final development plan approval providing for: A. The plan shall identify all trees with a trunk circumference of 20 inches or greater with trunks within 40-feet of areas proposed for grading. Reasonable efforts shall be made to minimize the loss of or potential damage to existing trees. The plans shall identify the trunk circumference, approximate canopy area, species, and whether the tree is to be preserved or removed. The plan shall be prepared with the assistance of a licensed arborist. The plan shall 6 provide suitable measures to assure protection of trees during the construction period. The survey of trees shall provide for a tally of the number and trunk circumference of trees to be removed. The aggregate trunk circumferences of trees proposed for removal shall be totalled. Also see heritage tree nomination requirement below. B. Drainage terraces for cut and fill slopes shall be spaced per grading code requirements. All cut or fill slopes greater than 30 vertical feet in height shall be contour-rounded. C. The grading shall provide for balanced cut and fill on- site (i .e. , no import or export of fill material) . D. To reduce long-term erosion and sedimentation impacts on downstream water quality, grading plans shall be designed such that no surface run-off shall be directed onto cut or fill slopes . All graded slopes shall have either brow ditches or berms at the crest to control surface run-off. These drainage structures shall be underlain by subdrains . Run-off from graded surfaces shall be intercepted by closed conduits and conveyed to adequate storm drainage facilities . E. A sample section and color of proposed retaining walls shall be submitted with the Final Development Plan application. F. The grading/tree preservation plan shall provide for a tree replacement program and plan in accord with the proposed reforestation program. The plan shall require replacement of trees in accord with the applicant 's program. The plan shall be accompanied by an estimate of the cost of materials and labor to complete the work. The approved plan shall be installed with the phases of the subdivision infrastructure and grading. The applicant shall be responsible for protecting the trees for a period of 36 months after planting. Ninety days after planting, a landscaped architect shall inspect the plantings and prepare a report to the Zoning Administrator on the condition of the new trees . Any failing trees shall be replaced. A bond shall be required in order to assure compliance with this tree planting requirement . Reforestation trees shall be planted by hand. The reforestation program, including the monitoring and maintenance program for at least five years consistent with Condition 16.H, shall be approved by the Zoning Administrator. The program shall include provisions to utilize the East Bay Conservation Corps or a similar work program to complete and initially maintain the reforestation program, unless the applicant demonstrates that including such a work program is not reasonably feasible. G. A construction period erosion control plan shall be submitted. H. To avoid unnecessary scarring of hillsides, haul routes for grading activity shall be generally limited to those areas of the site which are proposed to be graded. Hauling of material through the approved scenic easement shall be precluded. The grading/tree preservation plan shall provide delineation of the 7 perimeter of areas and trees to be preserved by use of taping and stakes, or other appropriate barriers. These barriers shall be installed prior to commencement of grading activity. I. To assure protection and/or reasonable replacement of exiting trees to be preserved which are in proximity to subdivision improvements, the applicant shall post a bond (or other surety) for the required work with the Community Development Department. The term of the bond shall extend at least 3;:5 months beyond the completion of required subdivision improvements. Prior to posting the bond, a licensed arborist shall assess the value of the trees and reasonable compensatory terms in the event that a tree to be preserved is destroyed or otherwise damaged by subdivision-related activity. The tree bonding program shall be subject to the review and approval of the Zoning Administrator. (Condition 16) Monitoring and Reporting Requirements: Task 2 .6 Construction Period Monitor A construction period monitor shall be established to periodically monitor on-site construction activities for compliance with the project 's Design Guidelines and Condition 16. (Responsibility: Contra Costa County) Mitigation Measure: • Careful consideration should be given to the design features of the three agricultural lots. Specific design considerations should include low profile structures, use of muted earth tone colors, control of exterior lighting and screening that uses existing vegetation and introduced landscaping that is indigenous to California. (Responsibility: County Staff) Condition(s) of Approval: • At least thirty (30) days prior to issuance of building permits, the property owner shall submit architectural plans, site plan, fencing plan, and landscape plan for each lot to the Zoning Administrator for review and approval for the following lots: 1) lots identified as potentially visible in Viewsheds #1, 2, 3 and 4 on pages 2-46, 2-49, 2- 53, and 2-56 in the Final SEIR (Lots 25-82, 160-167, 172- 204, 219-239, 282-284, 291-319 [some of these lots are also those potentially visible from Bishop Ranch Open Space so that viewshed is addressed, too]) ; 2) the lots in Subdivision 7578 (in order to address views of them from Norris Canyon Road [the higher lots above that are included within one of the other four Viewsheds above]) ; and 3) the development sites in each of the three agricultural lots. The purpose of such review is to confirm that the individual home and building site have been designed to substantially mitigate visibility off-site and to be sensitive to the topography with minimal grading consistent with the design guidelines and mitigation measures for the project. The approved landscape plan shall identify those trees that are required to be planted to mitigate visibility of the home. The above information shall be provided to the City of San Ramon Planning Department at the time of application submittal to the County. (Condition 5) 8 Monitoring and Reporting Requirements: Task 2 . 7 Zoning Administrator Review Development Plans including architectural plans, landscape plans and fencing plans for the three Agricultural lots shall be submitted to the Zoning Administrator for review and approval prior to issuance of building permits. The same information shall also be provided to the City of San Ramon for review and comment. (Responsibility: Project Applicant) Mitigation Measure: • Appropriate visual analyses and grading plans should be prepared and submitted to the County for review and approval prior to the issuance of building permits for these three parcels. The City of San Ramon should be afforded the opportunity to review and comment on the visual and grading analyses prior to issuance of any building permits for these parcels. (Responsibility: Project Applicant/Contra Costa County) Condition(s) of Approval: Condition 5, see above. Monitoring and Reporting Requirements: Task 2 .8 Visual Analysis of Agricultural Lots Visual analysis and grading plans of future development proposals for the three agricultural lots shall be submitted to the ZA for review prior to issuance of any building permits for these lots . This same information shall be provided to the City of San Ramon. (Responsibility: Project Applicant) Task 2 .9 Review of Visual and Grading Analysis The applicant shall submit the visual and grading analyses for the three agricultural lots to the City of San Ramon for review and comment prior to issuance of any building permits for these lots. (Responsibility: Project Applicant) Mitigation Measure: • Redesign project entrance road from a split double entrance to a single road (un-split) conventional access. This measure will reduce the visual impact of the proposed large entrance road and be more in character with the rural setting along Norris Canyon Road. (Responsibility: Project Applicant) Condition(s) of Approval: • Project Gateway Design . This plan shall show frontage improvements for Norris Canyon Road and its intersection with "A" Drive, including appropriate improvements as recommended by the Public Works Department. The plans shall identify the required dedication area to accommodate the road widening. (Condition 3 .E.) The gateway shall utilize special landscape. Special landscape treatment shall be proposed at the "A" Drive entrance. Existing trees shall be identified and whether they are proposed to be removed or saved. As few trees as possible shall be removed. The plans shall demonstrate adequate sight distance at the project intersection. 9 i • Project Entrance Design. This plan shall be prepared for the area bounded by and including "S" Drive, "A" Drive, San Catanio. Creek and the area of Lots 23-34 as shown on the proposed plans. The plans shall include preliminary landscape plans and indicate the location of existing trees. As few existing trees as possible shall be removed. (Condition 3 .F.) • The entry road from Norris Canyon shall be redesigned from a split double entry to a single road conventional access to reduce visual impacts. (Condition 49.Q.) Monitoring and Reporting Requirements: Task 2 .10 Project Gateway Design Plans Project Gateway Design Plan shall be prepared and submitted to County Public Works Department prior to approval of the final development plan . (Responsibility: Project Applicant) Task 2 .11 Redesign Project Entrance Road The final development plan shall be revised to depict a single road entrance prior to approval of the final development plan. (Responsibility: Project Applicant) Mitigation Measure (s) : • The lots along the south side of "A" Drive in the vicinity of the cross-valley ridge should be subject to special design guidelines and Architectural Review by the ZA prior to filing of the final maps. EBRPD should be provided an opportunity to review and comment on the design guidelines prior to submittal to the ZA. Architectural review should focus on the following design concepts to reduce visual impacts: • To reduce the height of structures, it may be appropriate to limit some of the homes on these lots to one story. • Variable sideyard setback variances should be considered to reduce massing and break-up the visual appearance of homes in this area. • Consider moving homes closer to the street (reduce front yard setback requirements) to allow more backyard area to reduce visual appearance. • Consider additional landscape requirements for backyards including the use of tall growing trees and shrubs (native species) to shield homes in this area. • Require home and roof colors to be muted so the homes blend in with existing native vegetation. (Responsibility: Project Applicant/Contra Costa County) Condition(s) of Approval: Condition 5., see above and Condition 30 .0 . Monitoring and Reporting Requirements: Task 2 .12 Submittal of Building Plans for Homes Along "A" Drive Architectural plans for homes along the south side of "A" Drive (lots 29-55, 156-163, 169-199, 214-242 , 283-285, 292-320, the lots in subdivision 7578 and the three agricultural lots) shall include the design features listed above, and shall be submitted to the ZA at least 30 days prior to issuance of building permits. (Responsibility: Project Applicant) 10 Task 2 . 13 Review by EBRPD and San Ramon Architectural plans submitted to the ZA shall also be submitted to EBRPD and San Ramon at the time of application submittal to the County. (Responsibility: Contra Costa County) Mitigation Measure: • Design the water tanks in a manner such that their visibility is minimized. The use of a color or colors that blend into the individual sites and landscape screens should be required. (Responsibility: Project Applicant) Condition(s) of Approval: • Water Tank Treatment . Pursuant to the Supplemental Environmental Impact Report, the Planning Commission shall review and approve plans for the water tanks. Sufficient information will be submitted to determine approximate tank dimension capacities, locations, architectural elevations, colors, landscape plans, grading and geotechnical reports for the Planning Commission 's review and approval . The information shall demonstrate that the visual impacts of the water tanks are adequately mitigated. If it cannot be shown that the visual impacts of the tanks will be adequately mitigated, the tanks shall be buried. (Condition 3 .K.) Monitoring and Reporting Requirements: Task 2 .14 Water Tank Designs Architectural plans shall be prepared which minimize the visibility of the water tanks through the use of colors and landscaping. The architectural plans shall be submitted to the ZA 30 days prior to the issuance of building permits . The ZA shall determine if the visual mitigation is adequate or if the tanks will be buried. (Responsibility: Project Applicant) Task 2 .15 Monitoring of Water Tanks Upon completion of construction of each water tank, documentation shall be provided to the County documenting that visibility of the tanks is minimal . If necessary, additional landscaping or painting may be required. (Responsibility: Project Applicant) Mitigation Measure: • Street lighting for the project should utilize down-focused lights to minimize "glow" . (Responsibility: Project Applicant) Condition of Approval: • Street Lighting Plan . This plan shall identify proposed street lighting plans for the project interior and the project entrance. Street lighting shall be provided at major intersections within the subdivision (at the two entrance points from Norris Canyon Road) . The plans shall indicate proposed placement of street lights, level of illumination, design of pole standards . ornamental standards are encouraged for any necessary interior street lights. All street lighting shall utilize down-focused lights to minimize off-site glow. Prior to submittal to the Planning Commission, the Public Works Department, Engineering Services Division shall be provided an oppor- tunity to review and comment on the plans . (Condition 3 .H.) 11 Monitoring and Reporting Requirements: Task 2 .16 Street Light Plan A street light plan shall be submitted to the County for review and approval prior to approval of the project's final development plan. (Responsibility: Project Applicant) Task 2 .17 Street Light Design The design of the street lights shall be down-focused and indicated on the final development plan to be submitted to the County for review and approval . (Responsibility: Project Applicant) Task 2 .18 Monitoring Lighting Upon completion of street-light installation, a night- time visual analysis shall be conducted to determine the adequacy of the down focused lights to reduce "glow" . This report shall be submitted to the County. (Responsibility: Project Applicant) 3. TRAFFIC Mitigation Measure: • The project entrance from Norris Canyon Road should provide for a westbound left turn lane into the project. The left turn lane will allow project traffic to be removed from the westbound through lane and permit the through movement to continue while project inbound traffic is waiting for an acceptable gap in eastbound through traffic. The left turn lane should be designed to provide for storage of up to four vehicles (100 feet) with a transition taper adequate for a 35 mph posted speed (10: 1) . A deceleration distance may also be necessary for the left turn lane. The final design of the westbound left turn lane must be approved by the County. Condition of Approval: • 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. Conformance with the Ordinance includes the following requirements: 1) Construct road improvements along Norris Canyon Road based on a 35 mile per hour design speed, 34-foot road width with bike lanes and 4-foot all weather shoulders. The road improvements shall provide left turn channelization at the project entrances in accordance with Caltrans standards subject to the review of the Public Works Department, Road Engineering Division, and the review and approval of the Zoning Administrator. The applicant 's Norris Canyon Road frontage improvements shall not be credited toward the Countywide Area of Benefit obligation . Design exceptions shall be evaluated on a case by case basis by the Public Works Department at the time of final development plan approval . This condition does not imply that exceptions shall be made. (Condition 49.A.1 .) 12 Monitoring and Reporting Requirements: Task 3 .1 Prepare Detailed Intersection Plans Detailed intersection plans for the project entrance/Norris Canyon Road intersection shall be prepared and submitted to the County for review and approval prior to issuance of any grading permits. (Responsibility: Project Applicant) Task 3 .2 Construction of Intersection Improvements The intersection improvements shall be completed prior to the issuance of the first building permit for the project site. (Responsibility: Project Applicant) Mitigation Measure: • The project applicant, prior to filing the final subdivision map, shall prepare a geometric analysis (horizontal and vertical alignment) of the segment of Norris Canyon Road east of the project site to Bollinger Canyon Road. (Responsibility: Project Applicant) Conditions of Approval: • The applicant shall improve the offsite portion of Norris Canyon Road from the westerly conform back to the existing Norris Canyon Road roadway to Bollinger Canyon Road to a 34- foot wide roadway within an adequate right of way and with necessary slope easements . The improvements shall include bike lanes and four-foot all weather rock shoulders along with safety improvements, capacity improvements, and necessary reconstruction. The improvements shall be designed for a design speed of 35 miles per hour, or, as approved by the Public Works Department, Road Engineering Division . The applicant shall be required to construct any necessary safety improvements prior to construction of any major public or private facilities (except on-site balanced grading operations) . and prior to issuance of building permits in these two subdivisions, unless otherwise approved by the Public Works Department. The safety improvements shall include provision of adequate horizontal clearance, widening to allow trucks to make the tight turns, and provision of adequate all-weather shoulders . Prior to issuance of the 150th building permit for the two combined subdivisions, the applicant shall construct capacity improvements along the offsite portion of Norris Canyon Road. The capacity improvements shall include widening Norris Canyon Road to its 34-foot road width with bike lanes and 4-foot all weather shoulders . The applicant shall be responsible for obtaining on-site and off-site rights of way, slope easements and other land rights for the improvements required at each phase of this development. (Condition 49 .B.) Monitoring and Reporting Requirements: Task 3 .3 Geometric Analysis A geometric analysis of Norris Canyon Road shall be prepared and submitted to the County for review and approval prior to submittal of the final development plan. (Responsibility: Project Applicant) 13 Task 3 .4 Construct Norris Canyon Road Improvements The off-site improvements of Norris Canyon Road shall be constructed prior to issuance of the 150th bulding permit for the two combined subdivisions. (Responsibility: Project Applicant) Mitigation Measure: • The project should provide, as a condition of approval, its fair-share of the cost of improving Norris Canyon Road to a two-lane roadway with adequate shoulders and removal of the existing curves with a centerline radius of less than 400 feet. The roadway should be striped for bike lanes on both sides as noted in the Westside Specific Plan. (Responsibility: Project Applicant) Condition of Approval: Condition 49 .B. , see above. Monitoring and Reporting Requirements: See Task 3 .4 Mitigation Measure: • A micro benefit district should be formed to fund the proposed improvements to Norris Canyon Road, as well as traffic lights and other desirable traffic improvements, and to spread the cost of those improvements over all properties benefitted. (Responsibility: Project Applicant) Condition of Approval: • The cost of construction of the off-site improvements listed in Condition 49 .B. and 49 .C. will be credited toward the fee payable to the South County subarea of the Countywide Area of Benefit which shall be calculated at $5276 per unit. (Condition 49 .D.) Monitoring and Reporting Requirements: Task 3 .5 Micro Benefit District A micro benefit district shall be formed by the County consisting of the properties which will benefit from improvements to Norris Canyon Road. (Responsibility: Contra Costa County) Mitigation Measure: • Prior to filing a final subdivision map, the project applicant should be required to post a bond that assures the repair of any damage to Norris Canyon Road that could be caused by construction-related traffic. (Responsibility: Project Applicant) Condition of Approval: • The applicant shall post a bond to assure maintenance and repair of Norris Canyon Road during the construction period before it is improved in accordance with these Conditions of Approval . The amount of the bond shall be based on anticipated repairs, and a road condition survey taken prior to the initiation of any construction work, subject to the review of the Public Works Department, Road Engineering Division, and the review and approval of the Zoning Administrator. The road condition survey shall be based on a joint investigation by the Public Works Department and the 14 developer's representative. When warranted by a degradation in road condition, or when requested by the Zoning Administrator, a joint re-evaluation of the road condition shall be performed with recommended mitigations to bring the road up to at least its previous standard subject to the review of the Public Works Department, Road Engineering Division, and the review and approval of the Zoning Administrator. (Condition 49 .S.) Monitoring and Reporting Requirements: Task 3 . 6 Bond for Construction Damage to Norris Canyon Road A bond shall be posted for damage to Norris Canyon Road caused by project construction prior to filing a final subdivision map. (Responsibility: Project Applicant) Task 3 . 7 Repair of Construction Damage to Norris Canyon Road Any damage to Norris Canyon Road resulting from construction of the project shall be repaired on an as needed basis to ensure safe access along Norris Canyon Road. (Responsibility: Contra Costa County) Mitigation Measure: • When signal warrants are net based on traffic volume surveys, the four-way stop controlled intersection should be signalized. The project should provide its fair-share of the cost of the signal. (Responsibility: Project Applicant) Condition of Approval: • Install the traffic signal at the Norris Canyon Road/Bollinger Canyon Road intersection, if it is warranted based on existing traffic plus approved projects plus this project at the time of filing of the first final map. If the signal is not warranted, the applicant shall contribute its fair share towards the construction of the signal at a later date. (Condition 49 .C.) Monitoring and Reporting Requirements: Task 3 .8 Signal Warrant Study A signal warrant study shall be conducted at the time of filing the first final map for the subdivision to determine whether a signal is needed at this intersection. (Responsibility: Project Applicant) Task 3 .9 Fair-Share Payment for Signal If the signal warrant study indicates a signal is not warranted, the project applicant shall pay its fair- share contribution for installation of a traffic signal based on the signal warrant study. (Responsibility: Contra Costa County) Task 3 .10 Transfer of Funds to the City of San Ramon Contra Costa County shall transfer the funds collected for this improvement within 30 days to the City of San Ramon which has jurisdiction of this intersection . (Responsibility: Contra Costa County) Task 3 .11 Installation of Signal If the signal warrant study indicates a signal is needed, the project applicant shall install the signal 15 i or pay the full cost of its installation subject to Condition 49T, see Section IV. (Responsibility: Project Applicant) 4. GEOLOGY AND SOILS Mitigation Measure: • Additional subsurface exploration and engineering analyses should be conducted to establish geotechnical criteria for the project prior to submittal of the . Final Subdivision Map to the County. The geotechnical criteria developed for the project should be submitted to the County for review and approval prior to filing the Final Subdivision Maps. (Responsibility: Project Applicant & Contra Costa County) Conditions of Approval: • In accord with the Supplemental Environmental Impact Report for the Wiedemann Ranch Residential Community Project, the applicant shall adhere . to the following requirements: A. Prior to final development plan approval geotechnical criteria for the project shall be submitted for the review and approval by the Zoning Administrator. B. If explosives are necessary to aid grading activities, a special permit shall be obtained from the San Ramon Valley Fire Protection District (SRVFPD) . (Condition 13) Monitoring and Reporting Requirements: Task 4 .1 Geotechnical Criteria Geotechnical criteria shall be established and submitted to the County for review and approval prior to approval of the final development plan. (Responsibility: Project Applicant) Task 4 .2 SRVFPD Permit If explosives are necessary, a permit for the SRVFPD shall be obtained prior to issuance of a grading permit. (Responsibility: Project Applicant) Mitigation Measure: • The County should inspect and review the grading procedures periodically to ensure compliance with grading codes. (Responsibility: Contra Costa County) Condition of Approval: None. Monitoring and Reporting Requirements: Task 4 .3 Monitoring Grading Procedures The project geotechnical engineer shall monitor and be on-site during all grading activities to monitor and document all grading activities. (Responsibility: Contra Costa County) 16 Mitigation Measure: • All grading procedures should be accurately documented and submitted to the County. A final grading report should be submitted to the County upon completion of grading. The report should contain a detailed as-graded geologic map signed by the geotechnical engineer and engineering geologist. The map should show all encountered faults, aquifers, and stratigraphic (bedrock) units. Information on the orientation of bedding and dominant jointing should be mapped. The map should also identify severely weathered and highly sheared rock, as well as seepage. It should also include the location of all subdrains and their connections. (Responsibility: Project Applicant) Condition of Approval: • Prior to issuance of building permits on parcels of this subdivision, submit as-graded reports of the engineering geologist and the geotechnical engineer to Community Development and Building Inspection Departments with an as- graded map showing final plan and grades . The map shall identify all encountered faults, aquifers, and stratigraphic (bedrock) units; zones of highly jointed and/or deeply weathered rock; orientation of bedding and/or other discontinuities, and the location of any seepage, fill keyways, and subdrainage material with cleanouts, outlets, and pickup points; buttress fills with keyway location, any retaining walls installed, subdrains and their connections, and other soil improvements installed during grading, all as surveyed and mapped by a licensed land surveyor or civil engineer. (Condition 10) Monitoring and Reporting Requirements: Task 4 .4 Grading Report A final grading report shall be filed with the County containing detailed as-graded maps as described in the mitigation measure . (Responsibility: Project Applicant) Mitigation Measure: • Surface and subsurface drainage improvements should be regularly cleaned of sediment and vegetation to ensure proper function and slopes and drainage terraces should be properly maintained. A maintenance plan should be prepared by a registered civil engineer and approved by the County. (Responsibility: Project Applicant) Condition of Approval: • Pursuant to the Supplemental Environmental Impact Report, and prior to filing of the first phased final subdivision map, a geologic hazards abatement district (GHAD) shall be formed of the project property owners to finance the maintenance of slopes, drainage terraces, subdrains and detention basin prior to the filing of the first final map (see also Condition 3 .C. (3) ) . The three agricultural lots shall be included in the GHAD. Any private land that may be deeded to EBRPD shall not be included in the GHAD. The three agricultural lots shall not be responsible for maintenance or repair in the P-1 project area . All lot owners shall be responsible, on a pro rata basis, for the cost of necessary repairs to the three agricultural lots where GHAD-related activities impact the P-1 project area or adjacent public lands. The cost of other repairs and routine maintenance shall be the responsibility of the individual agricultural lot owner. A covenant shall be 17 I included in the CC&Rs for the properties that precludes dissolving the GHAD without first obtaining approval from the Board of Supervisors and without first having maintenance of the detention basin accepted by the Contra Costa County Flood Control District . Public lands shall not be included in the GRAD. Holders of public easements located inside the GHAD shall have no responsibility under the GHAD. The GHAD shall otherwise be consistent with the restrictions imposed through Condition 40 . (Condition 15) Monitoring and Reporting Requirements: Task 4 .5 Preparation of Drainage Maintenance Plan A drainage maintenance plan shall be prepared for review and approval prior to issuance of a grading permit. (Responsibility: Project Applicant) Task 4 . 6 Cleaning of Drainage Facilities All surface and subsurface drainage improvements as well as slopes and drainage terraces shall be cleaned periodically during the rainy season in accordance with the approved maintenance plan . (Responsibility: Project Applicant) Mitigation Measure: • A Geologic Hazards Abatement District (GHAD) made of project property owners should be formed to finance the maintenance of slopes, drainage terraces and subdrains. If a GHAD is not formed, the homeowners association should be given these maintenance responsibilities. (Note: the project applicant has proposed the formation of a maintenance assessment district composed of the 371 lots within the project for prevention, mitigation, abatement or control of geologic hazards, and the maintenance of drainage facilities. ) Areas maintained by the homeowner's association should include areas on the periphery of the development containing adjoining landslides not including public land. (Responsibility: Project Applicant) Condition of Approval: Condition 15, see above. Monitoring and Reporting Requirements: Task 4 . 7 Geologic Hazards Abatement District (GHAD) A GHAD shall be formed of the project property owners to fund maintenance of slopes, drainage terraces and subdrains. The GHAD shall be formed prior to the issuance of the first building permit for the project. (Responsibility: Project Applicant) Mitigation Measure: • Specific landslide repair techniques should be defined during the final design of the project. With respect to landslides #5, 15, 21, 16, 19 , 46 and 58 as depicted on Sheet 2 of the Landslide Repair Plans, landslide repair techniques, other than remove and replace, should be employed to avoid additional impact to creek areas, if possible (i.e. buttresses, crib wall, soldier piles, etc. ) . The landslide repair techniques for each landslide will be reviewed and approved by the County prior to approval of the Final Development Plan and Final Subdivision Map. (Responsibility: Project Applicant & Contra Costa County) 18 Condition of Approval: • Prior to final development plan approval , submit detailed landslide repair plans identifying specific landslide repair techniques for each landslide on the project site as identified in the Landslide Repair Plans prepared by Harlan Tait Associates to Community Development and Building Inspection Departments for review and approval . Pursuant to the Supplemental Environmental Impact Report, landslide repair techniques for landslides #4, #5, #15, #16, #19, #46 and #58 shall not be "remove and replace" but other suitable methods which avoid impacting creek areas . (Condition 14) Monitoring and Reporting Requirements: Task 4 .8 Detailed Landslide Repair Plans A detailed landslide repair plan shall be prepared identifying specific landslide repair techniques for each landslide within the development area. (Responsibility: Project Applicant) Task 4 .9 Monitoring of Landslide Repairs The project geotechnical engineer shall monitor and be on-site during landslide repairs to ensure conformance with the final development plan and to ensure that creek areas are avoided. A final landslide report shall be filed with the County containing detailed as- graded maps . (Responsibility: Contra Costa County) Mitigation Measure: • Creek setbacks on the 52 lots otherwise requiring exceptions from the County ordinance should be reviewed at the tentative map approval stage or possibly on an individual basis by Contra Costa County to confirm that an appropriate building envelope can be established for each lot. Building envelopes should be established for each of the 52 lots and approved by the County prior to approval of the project's final subdivision map. (Responsibility: Project Applicant/Contra Costa County Flood Control District) Condition of Approval: Condition 30 .F. , see above. Monitoring and Reporting Requirements: Task 4 .10 Review of Creek Setbacks Structural setback lines for each of the 52 lots shall be indicated on the final development plan to be reviewed and approved by the County. (Responsibility: Project Applicant) Task 4 .11 Monitoring of Creek Setbacks The project geotechnical engineer shall monitor and be on-site during construction of each home with an exception from the County creek setback ordinance to ensure avoidance of riparian and creek bed areas . (Responsibility: Project Applicant) Mitigation Measure: • Redesign the proposed 20% roadway segments on the main loop road serving lots 134-137, 139-144 , 149-154 and 177-180 so that it does not require an exception to meet County "Collector" road standards. This change would create a road 19 with a maximum gradient of 15%. (Note: 154: or :z0Qs rkrxP,- mcot denote "safety" . ) (Responsibility: Project. .pYj.yzMM+,_)) Condition of Approval: • On-site public roadways shall be constructed) 'tto rid standards with the following exceptions (eacaepti: �frmm the Ordinance Code identified with a double ast:az- :is'k (i*,*�)) :am& provisions) . These standards shall includ,: px a-x_ cdULmrgg �fbr at least six off-street parking spaces for d%% (mff ;-Mx lumits. providing adequate corner and stopping sitr�.: for traffic safety; and, providing 30-foot zrzrdi..i at all intersections where "No Parking" is al1Y4g pan adjacent roadway leg. An exception is alloz✓ i' 1-tvm, t2YE,, County standards to begin the grading hind. znrt`. 3-� eet behind the curb face and 3-feet behind the The only private roadways in the project are- such on the vesting tentative map. They sbaDll &W constructed to County private road standards TwIt.1 ardi�q,zatte parking, subject to review and approval b7 tae P�!dhT_T.iiC 11VV_r#r.s Department. Private roads shall be constru::vLed � .gad Z:�as:t 20-foot roads within 30-foot access easemei3rt�., 1) General requirements: Provide for at least 6 off-street parisiiz-gi s , fffOzr 66% of the units . Provide adequate corner and stopping _si;..g it'it d'ii-st'ans e. for traffic safety. ** Exception from the County standards to; 'tax- grading hinge point 5 feet behind the L .i-�-B : •-,n- 3 feet behind the back of sidewalk. 2) "A" Drive Entry Road from Norris Canycom. t: + ftz JISS108 Drive: construct a 16-foot inbound la-me affnif a 1M.-..got outbound roadway, within a 64-foot riq T h.e outbound roadway shall consist of a 12--.formes Le_ft-t=n lane and a 16-foot right-turn lane . : 1a.cli LB. conditions: "No Parking" . Additional width will be required for zny. ra+.z.sEd imadian island. 3) "A" Drive Entry Road from "S" Drive to .the "`XII .1:1.rd'•.ve Loop Road: construct a 28-foot road c;--,. j.1m. a 4:E3--_fDot right-of-way with no parking on either siAe.. fzwiever, within Subdivision 7578 where units are -2oxcatmd along the east side of the road, construct :a .3=4-frrDt woad within a 54-foot right-of-way with parkimq all-low-dad along the east side of the road only. Spec hal conditions: "No Parking" allowed at 28-foot road cross•-seatiom areas .Provide adequate off-street parking or parkimg bays subject to the Public Works Department, Mvad Engineering Division review, and review and appr.=al of the Zoning Administrator.Provide circular drivewa .s or hammerhead turnarounds at each of the r.triveways. ** Ordinance Code exception to allow a 10% 7a.yi.num griade. (8% required by the Ord. Code) without ori-.street parking. ** Ordinance Code exception to allow a reduction in road and right-of-way width from a 40/60 to a 28/48 without on-street parking and to a 34/54 with on-street parking 20 along the east side of the road and with adequate corner and stopping sight distance . 4) "A" Drive Loop Road beginning 800 feet south of its intersection with itself around, clockwise, to its intersection with itself: construct a 32-foot road within a 52-foot right-of-way. Special conditions: "No Parking" allowed on the inside of the loop road. The maximum grade shall be 15% (Ord. Code) . Provide at least 6 off-street parking spaces for at least 50% of the units. ** Ordinance Code exception to allow a reduction in road and right-of-way width from a 36/56 to a 32/52 without parking on one side of the street and with adequate corner and stopping sight distance. 5) "A" Drive Loop Road from its intersection southerly to 800 feet south of its intersection with itself: construct a 40-foot road within a 60-foot right-of-way. Special conditions: Provide adequate off-street parking to allow on-street parking for the swim and tennis club y subject to review and approval of the Zoning Administrator. Parking allowed on both sides of road. 6) "B" Drive from Lot 321 to "C" Court: construct a 28-foot road within a 48-foot right-of-way. Special conditions: "No Parking" allowed except in adequate parking bays. Provide circular driveways or hammerhead turnarounds at each of the driveways. Realign "B" Drive between Lot 321 and 331 to eliminate small horizontal alignment undulations. ** Ordinance Code exception to allow a 20% grade (15% required by the Ord. Code) without on-street parking. ** Ordinance Code exception to allow a reduction in road and right-of-way width from a 36/56 to a 28/48 without on-street parking and with adequate corner and stopping sight distance . 7) "B" Drive from the "A" Drive Loop Road to Lot 321: construct a 32-foot road within a 52-foot right-of-way. Special conditions: "No Parking" allowed on ene the south side of the street, except in adequate parking bays . Provide circular driveways or hammerhead turnarounds at each of the driveways. 8) "K" Drive Entry Road throat area from the "A" Drive Loop to the "K" Drive Loop Road: construct a 36-foot road within a 56-foot right-of-way. Parking allowed on both sides. 9) "S" Drive: construct a 28-foot road within a 48-foot right-of-way. Special conditions: "No Parking" allowed. ** Ordinance Code exception to allow a reduction in road and right-of-way width from a 32/52 to a 28/48 without parking along one side of the street . 21 10) "T" Court North between the "T" Drive Entry Road and "S" Drive: construct a 32-foot road within a 52-foot right-of-way. Special conditions: "No Parking" allowed on one side of the street, except in adequate parking bays. 11) "T" Drive Entry Road from Norris Canyon Road to "T" Court North: construct a 32-foot road within a 52-foot right-of-way. Special conditions: "No Parking" allowed. 12) "B" Drive West of "C" Court; "C" Court; "D" Court; "E" Court; "F" Court; "G" Court; "H" Court; "I" Court; "J" Court; "K" Drive Loop Road; "M" Court; "N" Court; "T" Court North, south of "S" Drive; and "T" Court South: construct a 28-foot minimum width road. Special conditions: "No Parking" allowed on thein i one side of the street (the inside of the curve where feasible) , except in adequate parking bays . For "K" Drive Loop Road, "No Parking" on the inside of the loop. ** Ordinance Code exception to allow a reduction in road and right-of-way width from a 32/52 to a 28/48 without parking on one side of the street and adequate corner and stopping sight distance. (Condition 49 .1.) Monitoring and Reporting Requirements: Task 4 .13 Revise Road Plan The final development plan shall include a road plan consistent with Condition 49 .1. (Responsibility: Project Applicant) Task 4 .14 Construct On-Site Road Improvements Construct on-site road improvements in accordance with the final development plan and subdivision map. (Responsibility: Project Applicant) Mitigation Measure: • If explosives are necessary to aid grading activities, a special permit from the San Ramon Valley Fire Protection District (SRVFPD) will be obtained prior to any use of explosives on the project site. The permit application should identify the type of explosives to be used, where they would be stored, when they would be used and any other pertinent information deemed necessary by the SRVFPD. (Responsibility: Project Applicant/SRVFPD) Condition of Approval: Condition 13 .8. , see above. Monitoring and Reporting Requirements Task 4 .15 Obtain Permit from SRVFPD If explosives are necessary, a special permit shall be obtained from the SRVFPD prior to the issuance of a grading permit. (Responsibility: Project Applicant) 22 5. WATER Mitigation Measure: • The Local Agency Formation Commission (LAFCO) will evaluate the situation and make the determination regarding annexation of the project site into EMBUD. Project consistency with the identified General Plan policies, EBMUD' s policies and environmental impacts will be evaluated as a part of the decision. (Responsibility: LAFCO) Condition of Approval: • Urban service boundary reorganization shall be consummated through the Local Agency Formation Commission (LAFCO) . Prior to filing a final map or issuance of grading permits, evidence shall be submitted to the Zoning Administrator that the approximate 482-acre development site consisting of residential lots, internal and perimeter project common area has been annexed to the Central Sanitary District and the East Bay Municipal Utilities District (EBMUD) . The area of Lots 168, 188, and 223 (the agricultural lots) of Subdivision 7575 shall not be included in any utility annexation. See also Advisory Note L. (Condition 9) Monitoring and Reporting Requirements: Task 5.1 Urban Service Boundary Reorganization by LAFCO This task has been completed. The LAFCO unanimously approved boundary reorganization on November 18, 1992 . Task 5.2 Annexation to Central Sanitary and EBMUD Provide evidence to Contra Costa County that the 482- acre development site has been annexed to Central Sanitary District and EBMUD. (Responsibility: Project Applicant and LAFCO) Mitigation Measure: • Prior to recording a final map, evidence should be provided that the project has been annexed into EBMUD. (Responsibility: Project Applicant) Condition of Approval: Condition 9, see above. Monitoring and Reporting Requirements: Same as Task 5.2, see above. Mitigation Measure: • If the project is annexed to EBMUD, the District should evaluate their Ultimate Service boundaries, standards and the project's water supply requirements to determine how to design the water line extension without providing capacity for lands that are not anticipated for development. A design that limits future connections unrelated to the project would mitigate any incremental growth inducing impact of the project. (Responsibility: EBMUD) Condition of Approval: None. 23 Monitoring and Reporting Requirements: Task 5.3 Size of Water Line The size of the water line shall be determined by EBMUD with the intent to limit additional capacity for future development. (Responsibility: EBMUD) Mitigation Measure: • If the size of the development for the proposed project is reduced, the Sphere of Influence boundary should also be reduced accordingly. (Responsibility: Contra Costa County and LAFCO) Condition of Approval: None. Monitoring and Reporting Requirements: NONE Mitigation Measure: • Prior to recording a final map, there should be verification or assurance of water service through a Pipeline Extension Agreement or other means for the units to be constructed based on the Building Permit. (Responsibility: Contra Costa County and Project Applicant) Condition of Approval: None. Monitoring and Reporting Requirements: Same as Task 5 .2 . 6. FIRE PROTECTION Mitigation Measure: • The fire protection measures and project design features proposed by the SRVFPD should be incorporated into the project design prior to approval of the final subdivision map and as conditions of project approval. (Responsibility: Project Applicant & Contra Costa County) Conditions of Approval: • Fire Resistant Landscaping Program. Proposed plans for fire-resistant landscaping, including provision and maintenance of fire breaks, shall be submitted following opportunity for review by the San Ramon Valley Fire Protection District. (Condition 3 .1.) • Pursuant to the Supplemental Environmental impact Report, the project shall adhere to the following requirements: A. Street gradients shall not exceed 20% and rough asphalt or grooved pavement used in areas where road gradients would exceed 15%, subject to the review and approval of the Public Works Department . B. The San Ramon Valley Fire Protection District 's (SRVFPD) weed abatement criteria shall be incorporated into the subdivision 's Covenants, Conditions and Restrictions (CC&Rs) and project design guidelines to 24 provide a fire protection management program (see also Condition 37) , and in the management requirements for the three agricultural lots as part of the approved range management plan which will incorporate fire management. EBRPD shall be consulted in regard to the appropriate fire protection management program. C. Building permits shall be submitted to the SRVFPD for review prior to being issued. D. The buffer zone around the development area shall be maintained as a fire break in accordance with SRVFPD standards. E. All roofing materials shall be class A, B or better. F. All residences shall be equipped with automatic fire extinguishing sprinkler systems . G. Fire hydrant locations, vehicle turnarounds, temporary access roads, driveway accesses, and smoke detectors plans shall be submitted to the SRVFPD for review and approval prior to filing a final subdivision map. (Condition 31) • A second access road extending from "T" Court south in Subdivision 7575 shall be provided. In addition, a second 2-lane bridge shall be constructed from "T" Court north in Subdivision 7578 to Norris Canyon Road. This second access route shall be constructed to public road standards consisting of 24 feet of pavement, measured curb-to-curb with no parking allowed on either side. In addition, an emergency access gate shall be installed on the second access road between the subdivisions to limit usage to only the Fire District. The San Ramon Valley Fire Protection District shall provide specifications for the gate . (Condition 32 .) Monitoring and Reporting Requirements: Task 6.1 SRVFPD Review All fire protection features of the project including: fire hydrant locations; vehicle turnarounds; temporary access roads; driveway accesses; etc. shall be submitted to the SRVFPD for review and approval prior to approval of the final development plan. (Responsibility: Project Applicant) Task 6.2 Weed Abatement Weed abatement in accordance with the requirements of the SRVFPD shall be carried out on an ongoing basis in all common areas and the buffer zone around the project . A report documenting weed abatement activities shall be filed yearly with the SRVFPD and Contra Costa County Building Department . (Responsibility: Project Applicant) Task 6.3 Roof Material All building plans shall specify roof material of class A, B or better. (Responsibility: Project Applicant) Task 6.4 Sprinklers All building plans shall specify automatic fire extinguishing sprinkler systems. (Responsibility: Project Applicant) 25 Task 6.5 Smoke Detectors All building. plans shall specify the location of all smoke detectors . (Responsibility: Project Applicant) Task 6.6 Construct Second Access Road Construct second access road as specified in Condition 32 . The second access road shall have an emergency access gate to limit usage only to the SRVFPD. (Responsibility: Project Applicant) 7. PUBLIC PROTECTION Mitigation Measure: • The Contra Costa County Sheriff Department should determine an appropriate fee to be paid to the Sheriff Department by the project applicant to comply with the facility standards policy of 155 square feet per 1, 000 residents. The facility standards "fee" , if appropriate, should be paid upon issuance of building permits for the project. (Responsibility: Contra Costa County Sheriff Department and Project Applicant) Conditions of Approval: • In accordance with the Supplemental Environmental Impact Report, the project applicant shall pay a facility standard fee, if appropriate, (equal to the costs of constructing 155 square feet of department facilities per 1, 000 residents) as determined by the Contra Costa County Sheriffs Department . The fee shall be paid with the issuance of individual building permits. (Condition 33) • With the recordation of a final map, the owner shall participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the lots created by this subdivision approval . The tax shall be the per parcel annual amount (with appropriate future Consumer Price Index adjustment) then established at the time of voting by the Board of Supervisors . The election to provide for the tax shall be completed prior to the filing of the Final Map. The property owner shall be responsible for paying the cost of holding the election, payable at the time that the election is requested by the owner. Alternatively, the applicant may provide evidence that he has entered into an agreement with the City of San Ramon for supplemental police services to serve the project. (Condition 34) Monitoring and Reporting Requirements: Task 7.1 Fair-Share Fee Determination The project 's fair-share fee towards public protection shall be determined at the time of approval of the final development plan . (Responsibility: Contra Costa County Sheriffs Department) Task 7.2 Payment of Fees Public protection fees shall be paid with the issuance of each building permit . (Responsibility: Project Applicant) 26 Task 7.3 Creation of a Special TaxlAgreement with San Ramon A special tax shall be approved to maintain and augment police services prior to filing a Final Map. An agreement with San Ramon for supplemental police services to serve the project can be an alternative to the special tax. (Responsibility: Project Applicant) 8. STORM DRAINAGE Mitigation Measure: • Prior to filing a final subdivision map, the project applicant shall pay the appropriate storm drainage impact fees as determined by the Contra Costa County Flood Control District. These fees shall not exceed $0. 35 per square foot of impervious surface created by the proposed project. (Responsibility: Project Applicant/Contra Costa County Flood Control District) Condition of Approval: None. Because the project includes a regional detention facility, this fee is not applicable. Monitoring and Reporting Requirements: None. Mitigation Measure: • Use of the proposed detention basin for non-flood control measures (i. e. recreation) should not be allowed unless it can be demonstrated that liability, maintenance and aesthetic concerns can be satisfactorily resolved. (Responsibility: Project Applicant) Condition of Approval: • Preliminary Detention Basin Plan . The basin shall be primarily designed for hydrologic and aesthetic purposes only, and possible passive and active recreation purposes. The plans shall provide for the following information: 1) Grading plans at 40 scale indicating location of existing trees and whether they are proposed to be saved or removed. 2) Design and location of perimeter fence unless the fence can be demonstrated not to be appropriate . 3) The basin shall be designed as much as possible to simulate natural creekside terrain and minimize removal of trees upstream from the street crossing, using curvilinear design and providing maximum use of native trees and shrubs and boulders (naturally indigenous if at all possible) at the edges . While striving for high aesthetics, the basin shall also be designed for low maintenance cost. The basin shall be designed to satisfy the County's regional detention basin standards. Prior to Planning Commission approval of the final development plan, basin plans shall be submitted to the Public Works Department for review for compliance with Title 9 of the Subdivision Ordinance and for compliance with the standards for County detention basins . Prior to recordation of the final subdivision map the developer, at its expense, shall cause to be formed a 27 geologic hazards abatement district (GHAD) or other entity acceptable to the Public Works Department for the purpose of taking title to the basin, performing necessary maintenance work, and accepting and funding any liability from the basin, including passive recreational use thereof (see also Condition 15) . The Board of Supervisors shall not be the board for the GHAD. The formation proceedings shall specify and include a mechanism acceptable to the County for funding, and for indemnifying and holding harmless the County, its officers and employees against any liability resulting from the design, construction, use, operation ormaintenance of the basin . In addition, prior to recordation of the final subdivision maps, the developer shall, at its expense, cause to be established annual assessments, or other funding mechanism acceptable to the Public Works Department, for the purpose of assuring the perpetual funding of necessary maintenance work to the basin . It shall be provided in the formation of the GHAD and CC&Rs for the project that the GHAD shall not be terminated unless the Contra Costa County Flood Control District approves the termination, and accepts the ongoing obligation to maintain and repair the basin and the Public Works Department approves an alternative funding mechanism for the other maintenance and repair obligations of the GHAD. Prior to Planning Commission approval of the final development plan, the form of entity and specific funding mechanism shall be identified to the satisfac- tion of the Public Works Department . (Condition 3 .C.) Monitoring and Reporting Requirements: Task 8 .1 Detention Basin Plan A detention basin plan shall be prepared identifying grading, location of fences (if appropriate) , landscaping, and proposed recreational facilities. The detention basin plan shall be submitted to the Public Works Department prior to approval of the final development plan . (Responsibility: Project Applicant) Task 8 .2 Construction of Detention Basin The project geotechnical engineer shall monitor and be on-site during construction of the detention basin to ensure compliance with the approved detention basin plans . (Responsibility: Project Applicant) Mitigation Measure: • A regular street sweeping program should be provided to reduce urban pollutants from entering the storm water runoff. The street sweeping program should be funded through the Homeowner's Funded Maintenance District to be formed by the project to fund the maintenance of drainage facilities. (Responsibility: Homeowner's Funded Maintenance) Condition of Approval: None. Monitoring and Reporting Requirements: Task 8 .3 Street Sweeping Program A schedule of street sweeping activities shall be submitted to the County for review and approval prior to the issuance of building permits . (Responsibility: Project Applicant) 28 i Task 8 .4 Monitoring of Street Sweeping A report shall be filed with the County documenting street sweeping activities on a yearly basis . (Responsibility: Project Applicant) Mitigation Measure: • The Contra Costa County Flood Control District should work with the project applicant and other relevant agencies to determine the appropriate funding and responsibilities for maintenance of the project's storm drainage facilities prior to approval of the project's final subdivision map. (Responsibility: Contra Costa County Flood Control District/Project Applicant) Condition of Approval: Condition 15, see above Monitoring and Reporting Requirements: Task 8 .5 Maintenance Responsibility A GRAD shall be formed to carry out maintenance responsibilities pursuant to the detention basin. Funding for the GHAD shall be derived from the property owners within the project. The GHAD shall be formed prior to approval of the final development plan. (Responsibility: Project Applicant) Task 8 . 6 Reporting Requirements The GHAD shall file a report with the County Public Works Department on a yearly basis documenting the past years ' maintenance activities regarding the detention basin . (Responsibility: Project Applicant) 9. TREATED WASTEWATER AND SEWAGE DISPOSAL No mitigation measures were adopted for this topic. 10. PARKLAND/RECREATION/OPEN SPACE MANAGEMENT Mitigation Measure: • Prior to tentative map approval, the applicant should obtain a response from the Public Works Department on the feasibility of allowing active or passive recreation activity within the proposed detention basin. The review should provide for a preliminary landscape/irrigation plan including identification of the location and design of any proposed fencing, and the assignment of any liability and maintenance responsibility. (Responsibility: Project Applicant) Conditions of Approval: • Condition 3 .C. , see above. • Revised Community Park Plan . The proposed park plan shall be revised to include a tennis court with lights, basketball court, tot lot with functional (flat) lawn area, clubhouse and competition swimming pool . The plan shall specify the degree to. which the facility satisfies the County code. In addition, a plan for recreation use of the detention basin area shall be submitted. Recreational uses within the detention basin shall be restricted to the Wiedemann Ranch 29 homeowners association . No credit for the parkland dedication requirements shall be given for recreation facilities within the detention basin area . (Condition 3 .J.) Monitoring and Reporting Requirements: Task 10.1 Revised Community Park Plan A revised community park plan shall be prepared and submitted to the County prior to approval of the final development plan . (Responsibility: Project Applicant) Task 10.2 Construct Community Park Construct Community Park in accordance with the approved final development plan . (Responsibility: Project Applicant) Mitigation Measure: • Consider dedication of the 673 acres of privately owned agricultural/open space to EBRPD as an expansion of the adjacent BRROS. (Responsibility: Project Applicant) Condition of Approval: . • The final regional and project trails, agricultural lots, open space and scenic easement map (agricultural lots map) shall be substantially consistent with the plan set forth on the tentative agricultural lots map dated November 13, 1992 . Public open space may be provided by gift; it is not required by this .condition to be dedicated. The tentative agricultural lots map may be revised at the time of the final development plan after further consultation with and direction from the EBRPD. The regional trails shall be constructed in a manner approved by EBRPD and the private project trails shall be constructed by the applicant in a manner approved by the Zoning Administrator. To the extent reasonably feasible, the program for trail construction shall include the utilization of hand labor from the East Bay Conservation Corps or a similar work program. The final agricultural lots map may also include as an attachment a more detailed map showing proposed uses and footprints within the three development sites. If not provided as part of the final agricultural lots map at the time of final development plan approval, then a separate map showing uses and building footprints shall be subsequently approved by the Planning Commission for the development site of each agricultural lot prior to issuance of a building permit on that lot. Zoning Administrator approval of final design in each development site shall be required consistent with Condition 5. The above information shall be provided to the EBRPD upon application submittal to the County. (Condition 4) Monitoring and Reporting Requirements: Task 10 .3 Gift Land to EBRPD A portion of the project site may be offered as a gift to the EBRPD; it is not required by a condition to be dedicated. The location of this land shall be depicted on the final development plan . (Responsibility: Project Applicant) Task 10.4 Construct Regional Trails The regional trails shall be constructed in a manner approved by EBRPD. (Responsibility: Project Applicant) 30 Task 10 .5 Construct Private Trails Private trails shall be constructed in a manner approved by the Zoning Administrator. (Responsibility: Project Applicant) Mitigation Measure: • A scenic easement over all privately owned agricultural/open space area could be dedicated to the County. (Responsibility: Project Applicant) Conditions of Approval: • A restrictive covenant and scenic easement instrument shall be recorded with the final map creating the agricultural lots (Lots 168, 188 and 223) of Subdivision 7575 and recorded against the deeds to those properties . The restrictive covenant and scenic easement instrument shall incorporate a three-tiered approach in limiting usage of each lot to agricultural use and one single-family residence with accessory agricultural structures, as set forth more fully in Condition 21 . The instrument shall offer to dedicate development rights to the County on the three lots outside the development sites as set forth in Condition 21 . The instrument shall be enforceable by both the County and the East Bay Regional Park District (EBRPD) . The form and content of the restrictive covenant and scenic easement shall be approved at the time of final development plan approval, along with a final regional and project trails, agricultural lots, open space, and scenic easement map (agricultural lots map) , consistent with and as set forth more fully in Conditions 4 and 25. (Condition 3 .M.) • The applicant shall submit for review and approval by the Planning Commission with the final development plan application, a proposed restrictive covenant and scenic easement instrument describing the uses and development limitations on agricultural lots (Lots 168, 188 and 223 of Subdivision 7575) . The restrictive covenant and scenic easement instrument shall include a provision that written approval from the EBRPD shall be required prior to any future subdivision of these parcels or changes or amendments in the restrictive covenant and scenic easement instrument and that it is specifically enforceable by the EBRPD as a third party beneficiary. The instrument shall be based on the following: A. In the first tier development sites: (1) A limit of one residence along with ancillary and agricultural structures (e.g. , detached garage, guest house, barn, winery, stables) on each lot. The development sites for these structures shall be restricted to the specific three areas identified on the final agricultural lots map. No structure shall be allowed outside the development sites and development inside the development sites shall be reviewed and approved, consistent with Conditions 4, 5 and 21, by the Planning Commission and Zoning Administrator, with provision of the information to the EBRPD upon application submittal to the County. (2) Agricultural and related uses, such as livestock production, orchards and vineyards, pasturing of horses or other livestock, and open space land, trails and fire protection management . 31 (3) Livestock grazing and open space land, trails and fire protection management. B. In the second tier agricultural use areas, only the use set forth in A(2) above shall be allowed. C. In the third tier scenic easement area, only the uses set forth in A(3) shall be allowed. The three tiers shall be clearly depicted on the final agricultural lots map which shall be recorded along with the restrictive covenant and scenic easement instrument. (Condition 21) Monitoring and Reporting Requirements: Task 10 . 6 Restrictive Covenant/Scenic Easement A proposed restrictive covenant and scenic easement instrument shall be submitted to the County for review and approval prior to recording of the final map. (Responsibility: Project Applicant) Task 10. 7 Recordation of Restrictive Covenant The restrictive covenant/scenic easement shall be recorded with the final map creating lots 168, 188 and 123 . (Responsibility: Project Applicant) Mitigation Measure: • A range management report should be prepared yearly and submitted to the County Agricultural Commissioner for review. The yearly report should summarize the primary aspects of the prior years' range management practices including but not limited to: residual dry matter on the ground in the fall; number of cattle or other livestock on the property; summary of plant composition; and documentation of any pest infestations. (Responsibility: Project Applicant, Contra Costa County Agricultural Commissioner) Condition of Approval: None. Monitoring and Reporting Requirements: Task 10 .8 Submittal of Range Management Report A range management report shall be submitted to the Agricultural Commissioner on a yearly basis . The report shall document the past years ' range management activities. (Responsibility: Project Applicant) Mitigation Measure: • The proposed project design should include a trail easement along the south side of San Catanio Creek within the project boundaries so as not to preclude the future development of a trail system along this creek to access open space areas within the Westside area. (Responsibility: Project Applicant) Condition of Approval: • As part of the final development plan application, the applicant shall prepare a proposed trail easement for a trail running parallel to Norris Canyon Road . The applicant shall provide the Public Works Department, Road 32 Engineering Section and City of San Ramon Planning Director and City Engineer an opportunity to review and comment on the plans. Prior to filing a final map, the applicant shall make an offer of dedication of the approved trail easement. The applicant shall have the option of withdrawing the offer of dedication of the trail easement if the County and/or City has not constructed the trail improvements within 10 years from the issuance of the final map for the final phase of the subdivision. Ownership of easement would revert to the Homeowner's Association. (Condition 27) Monitoring and Reporting Requirements: Task 10 .9 Designation of San Catanio Trail Easement A trail easement alignment shall be prepared and submitted to the County and the City of San Ramon for review and approval prior to approval of the final development plan. (Responsibility: Project Applicant) Task 10 .10 Dedication of San Catanio Trail Easement The project applicant shall offer the approved trail easement alignment for dedication prior to filing the first phased final subdivision map with the County. The applicant shall retain the option to withdrawn the offer of dedication if the County and/or City has not constructed the trail improvements within 10 years from issuance of the final map for the final phase of the subdivision. (Responsibility: Project Applicant) 11. SCHOOLS No mitigation measures were adopted for this topic. 12 . FISCAL No mitigation measures were adopted for this topic. 13. PLANT AND ANIMAL LIFE Mitigation Measure: • To protect existing trees and vegetation in the Development Area during construction of the project the following measures should be incorporated into the Final Development Plans and Final Subdivision Plans: 1) During road construction and grading, heavy equipment should be restricted to the minimum area suitable for equipment operations. Short-cuts and stockpiling of material on otherwise undisturbed areas should be prohibited. 2) Tree trunks immediately adjacent to construction areas should be protected by fencing or other barriers to avoid physical damage. Protection should extend outside drip lines where feasible to prevent trunk, limb damage and soil compaction. 3) Where roots are covered with impervious surfaces, or roots are removed within the drip line, thinning of the tree crown should be conducted to compensate for lost root function. 33 4) A licensed arborist should be consulted to monitor construction and propose specific measures to protect vegetation outside of the construction zones. (Responsibility: Project Applicant and Contra Costa County) Condition of Approval: • In accordance with the Supplemental Environmental Impact Report, the project applicant shall adhere to the following requirements: A. Heavy equipment shall be restricted to the minimum area suitable for equipment operation . B. Tree trunks adjacent to construction areas shall be protected by fencing or other barriers to avoid physical damage. Protection shall extend outside drip lines to prevent trunk and limb damage and soil compaction . C. Trees where roots are covered with impervious surfaces, or roots removed, shall be thinned to compensate for loss of function. D. A licensed arborist shall monitor construction activities as required. E. Replacement of all impacted woodland habitat in a ratio of 3 acres to every acre impacted. F. Initial planting shall be higher than necessary to account for a 10% annual mortality rate (see Biotic Resource Assessment and Habitat Mitigation Plan) . G. All reforestation areas shall be monitored for at least five years for mortality, vigor, height and canopy diameter. Vigor shall be based upon qualitative comparison of foliage density, leaf color and turgor, and stem caliber found in like species in adjacent native habitat. H. A 90% annual survival rate shall be met during the initial 5-year monitoring period. Any mortality above this rate shall be replanted. I. Saplings and rooted acorns shall be planted in irregular spacings and watered with a drip irrigation system. Irrigation shall continue for a minimum of three growing seasons. (Condition 17) Monitoring and Reporting Requirements: Task 13 .1 Tree Preservation Plan Prepare and submit a Tree Preservation Plan which includes the provisions specified in Condition 17 and the mitigation measure including restrictions on heavy equipment, protection of tree trunks, root removal and thinning procedures, and provision of a licensed arborist to monitor construction. The plan shall be submitted to the County for review and approval prior to approval of the final development plan. (Responsibility: Project Applicant) Task 13 .2 Licensed Arborist The project applicant shall retain a licensed arborist to monitor construction activities as required to ensure compliance with the Tree Preservation Plan . The 34 licensed arborist shall file with the County a report documenting compliance/non-compliance during phased grading activities. (Responsibility: Project Applicant) Mitigation Measure: • To educate project residents about the long-term care of oaks and other native plant species present on the project site, an informational program, including written material, should be prepared and distributed to project residents. The focus of the informational program should be to educate residents about the special maintenance and care requirements of the native plant species present on the site. The informational program should be submitted to Contra Costa County for approval prior to completion of the first homes to be occupied. The information should be distributed to residents upon purchase of each home. (Responsibility: Project Applicant and Contra Costa County) Condition of Approval: None. Monitoring and Reporting Requirements: Task 13 .3 Preparation of Informational Packet The project applicant shall prepare an informational program regarding the long-term care of oaks and other native species on the project site . The informational program shall be submitted to the County for review and approval prior to the first homes being completed. (Responsibility: Project Applicant) Task 13 .4 Distribution of the Informational Packet The informational packet shall be distributed to each property owner upon purchase of each lot . (Responsibility: Project Applicant) 14 . NOISE Mitigation Measure: • The Wiedemann Ranch project should be required to pay a fee to the County, equal to its fair-share of cumulative noise impacts, for the construction of noise barriers at the two identified sites. The project's fair-share should be equal to 20% of the total cost of the barriers (project contributes 1-decibel of 5-decibels under cumulative conditions = 20%) . The barriers should be installed before cumulative noise levels are reached. Installation of the barriers will be the responsibility of Contra Costa County and should be coordinated with the City of San Ramon. (Responsibility: Project Applicant and Contra Costa County) Conditions of Approval: • Preliminary Norris Canyon Road Re-Alignment and Upgrade Plan . Prior to submittal of the final development plan for the project, the applicant shall provide directly or through an assessment district the Norris Canyon Road safety improvement and roadway redesign study and improvement plans for safety and planned improvements, subject to review and approval by the Public Works Department, which will identify the safety and other improvements needed on Norris Canyon Road to complete this traffic improvement. Final improvement plans and the final width of the right-of-way shall be determined at the final development plan. Because 35 of the road's close proximity to the creek and the erosive nature of the creek, the improvement plans for this requirement shall be signed and stamped by a licensed geotechnical engineer. These plans shall indicate existing right-of-way location, intersecting property lines, City of San Ramon boundary line, existing roadbed and nearby topographic conditions and structures for the section of road between westerly the end of the road transitions needed at the project entrance and Bollinger Canyon Road. The preliminary plan shall indicate theimprovements and right-of-way acquisition that would be needed to widen the roadway to a 34-foot width, with four- foot shoulders, to a design speed of 35 miles per hour or as otherwise acceptable to the Public Works Department, Road Engineering Division. Those improvements that are specifically needed to mitigate the safety impacts of this project shall be expressly identified (see also Condi- tion 49 .) . The plans shall also identify the location of soundwalls (identified as mitigation in the Westside Specific Plan Program EIR and per Condition 41) which will be needed to mitigate the noise impact of this project . The design of the soundwall shall be based on an acoustical analysis prepared by a qualified professional based on the General Plan projected traffic and planned widening of the roadway. A cross-section of the wall and any appropriate landscaping shall be included. The location of the wall relative to the road right-of-way and nearby structures and property lines shall be identified. The plans shall be accompanied by a detailed estimate of the cost of implementing the plans. Plans may be provided through an assessment district. A portion of the costs of preparing the plans shall be credited towards the project's South County Area of Benefit Fee. Creditable engineering costs and administration shall not exceed 12 .5% of the estimated project cost. (Condition 3 .G.) • The applicant shall install sound walls where needed with the Norris Canyon Road improvements, as determined by the County to address sound impacts of current existing traffic plus this project. (Condition 41) Monitoring and Reporting Requirements: Task 14 .1 Sound Wall Design Sound Wall designs shall be prepared by a qualified acoustical engineer based on current existing traffic plus this project . The sound wall designs shall include cross-sections, landscaping and the specific location. The sound wall designs shall be submitted to the County for review and approval prior to approval of the final development plan . (Responsibility: Project Applicant) Task 14 .2 Construct Sound Walls Construct sound walls as indicated in the approved sound wall design plans to mitigate current traffic plus this project. (Responsibility: Project Applicant) Mitigation Measure: • Any noise barrier to be constructed along Norris Canyon Road should be submitted for architectural review by the Contra 36 Costa County ZA prior to issuance of a building permit for the noise barrier. (Responsibility: Project Applicant) Condition of Approval: None. Monitoring and Reporting Requirements: Task 14 .3 Architectural Review of Noise Barrier Any noise barrier design for Norris Canyon Road shall be subject to architectural review by the ZA prior to issuance of a building permit for the noise barrier. (Responsibility: Contra Costa County) Task 14 .4 Coordination with San Ramon The County shall submit architectural plans of the noise barrier(s) to the City of San Ramon prior to the ZA's review. (Responsibility: Contra Costa County) 15. AGRICULTURAL ISSUES Mitigation Measure: • Homeowners should be made fully aware through a sales disclosure statement that they are in close proximity to existing agricultural activities which may result in nuisances and hazards. In addition, the project applicant should prepare an informational booklet to be distributed to project residents upon purchase describing the adjacent agricultural activities, potential hazards and ways for residents to minimize potential hazards including appropriate behavior when using the adjacent trails and open space areas. The informational booklet should be submitted to the County for review and approval prior to filing a final subdivision map. The booklet should be attached and referenced in the codes, covenants, and restrictions (CC&R's) to be distributed to each home buyer. (Responsibility: Project Applicant) Conditions of Approval: • The project applicant shall include a sales disclosure statement with each lot stating that they are in close proximity to existing agricultural activities (including agricultural activities on Bishop Ranch Regional Open Space) which may result in nuisance and hazards . (Condition 42) • Prior to the issuance of building permits for the project, the project applicant shall submit to the Community Development Department for review and approval an informational booklet to be distributed to project residents upon purchase describing the adjacent agricultural activities, potential hazards and ways for residents to minimize potential hazards . (Condition 43) Monitoring and Reporting Requirements: Task 15.1 Sales Disclosure Statement A sales disclosure statement shall be prepared and made available to each prospective home buyer. (Responsibility: Project Applicant) 37 Task 15.2 Informational Booklet An informational booklet describing the adjacent agricultural activities, potential hazards and ways for residents to minimize potential hazards shall be prepared. The informational booklet shall be submitted to the County for review and approval prior to approval of the final phased subdivision map. (Responsibility: Project Applicant) Task 15.3 Distribution of Informational Booklet The informational booklet shall be attached and referenced in the CC&R's to be distributed to each home buyer. (Responsibility: Project Applicant) I 38 III. MONITORING AND REPORTING REQUIREMENTS FOR MITIGATION MEASURES IN THE WESTSIDE SPECIFIC PLAN EIR GEOLOGY AND SOILS Mitigation Measure: • The primary effects of ground shaking to structures and infrastructures can be reduced to a generally acceptable level below failure/loss of life by using modern seismic design for resistance to lateral forces in the construction of residences and other structures, and infrastructures. Building in accordance with Uniform Building Code, Contra Costa County Code, and City Code requirements should significantly reduce structural failure, major structural damage, and loss of life. However, some structural damage will occur, and it is possible that some residences/structures and infrastructures will not be safe for occupation/use after a major earthquake. Condition(s) of Approval: None. Monitoring and Reporting Requirements: None. This measure will be complied with through the standard building permit review process. Mitigation Measure: • In areas that will not be developed by extensive grading, the secondary effects of ground shaking to structures and infrastructures can be significantly reduced by (a) siting improvements off of unstable and potentially unstable landforms such as landslides, colluvium-filled swales, and creek banks, (b) removing, stabilizing or reconstructing potentially unstable landforms, and/or (c) using modern design, including appropriate foundation design, and applicable codes and policies (e.g. , Hillside and Creek Area Sewer Policy of the Central Contra Costa Sanitary District) in the construction of improvements that must be located on or within potentially unstable landforms. Condition(s) of Approval: None. Monitoring and Reporting Requirements: None. This measure will be complied with through the standard building permit review process. Mitigation Measure: • In areas that will be developed by extensive grading, the secondary effects of ground shaking to structures and infrastructures can be significantly reduced by using appropriate grading and design. Proposed grading in some of these areas will completely remove potentially unstable landforms. Engineered retention structures and surface and subsurface drainage improvements can be used to improve the stability of sidehill fills and potentially unstable materials, particularly colluvium, not entirely removed and daylighted in cut slopes. As a general policy, cut slope inclinations should not be steeper than 2 horizontal to 1 vertical (50 percent) , and fill slope inclinations should not be steeper than 2 horizontal to 1 vertical (50 percent) . However, slope design criteria should be appropriate for site specific conditions as determined by a detailed geotechnical 39 i investigation performed by a certified Engineering Geologist. Cut slope inclinations steeper than 2 : 1 may be more appropriate in many areas (e.g. cuts in bedrock with a favorable structure orientation) . Steeper cuts reduce the amount of grading and associated loss of soil and vegetation, and therefore the visual impact of the cut. Both seismically induced and natural fill settlement can be significantly reduced if fills are properly designed with keyways and subsurface drainage, and adequately compacted (i.e. minimum 90 percent by ASTM D1557) . Roads, structure foundations, and underground utilities should be designed to accommodate estimated settlement without failure, especially across transitions between deep fills and cuts. Condition(s) of Approval: None. Monitoring and Reporting Requirements: This measure has been included in the project design . Tasks 4 .1 - 4 .9 apply. Mitigation Measure: • The significant effects of expansive soils/bedrock can be controlled by recognition of the condition and appropriate design. Detailed site specific soil and foundation investigations should be preformed by a registered Civil Engineer practicing in Geotechnical Engineering to evaluate soil conditions and develop design mitigation for expansive soils/bedrock in accordance with Uniform Building Code, Contra Costa County Code, and City Code requirements. Highly expansive soils may not be suitable for use in engineered fill. Typical appropriate mitigation measures include drilled pier and grade beam foundations, reinforced slabs, and thicker pavement sections. Mitigation measures involving the use of adjustable foundation systems is not generally effective against the effects of regional wet/drought cycles and is considered undesirable because the systems require periodic maintenance. Deep subsurface drainage alone, is also not generally effective against the effects of regional wet/drought cycles. Condition(s) of Approval: None. Monitoring and Reporting Requirements: Tasks 4 .1 - 4 .9 apply. Mitigation Measure: • Construction-related short term erosion and sedimentation can be significantly reduced by timing grading activities to avoid the rainy season as much as possible, and by interim and over- winter control measures. Typical interim control measures are water bars, mulching exposed slopes, straw bale dikes, temporary culverts and swales, temporary rock slope protection, and sediment traps and silt fences. Condition(s) of Approval: • Prior to final development plan approval, the project applicant shall submit to the Community Development and Building Inspection Departments an erosion control plan for the review and approval of the Zoning Administrator. The construction stage erosion control plan shall provide for the 40 following measures: A. All grading, excavation and filling shall be conducted during the dry season (April 15th through October 15th) only, and all areas of exposed soils shall be replanted to minimize erosion and subsequent sedimentation . Any modification to the above schedule will be subject to review by the Grading Section of the Building Inspection Department. B. Prior to final development plan approval, a revegetation/erosion control plan shall be prepared. The plan shall emphasize use of drought tolerant native species that are adaptive to conditions on the project site. The plan shall provide that all disturbed areas be hydromulched with a mixture of 90% annual grass/10% wildflower per the Biotic Resource Assessment and Habitat Mitigation Plan by October 15th of each construction season or as determined appropriate by the grading section of the Building Inspection Department. The revegetation/erosion control plan shall be reviewed and approved by the Grading Section of the Building Inspection Department. C. The erosion control plan shall show the location of proposed temporary detention basins, silt fences and straw bales . It shall also contain provisions for: 1) Performing maintenance during the winter rainy season, as necessary. 2) Regular inspections by the project engineer during the winter rainy season. 3) Spot inspection during/immediately following severe storms. (Condition 18) Monitoring and Reporting Requirements: Task 16.1 Erosion Control Plan An erosion control plan consistent with Condition 18 shall be prepared and submitted to the Zoning Administrator for review and approval prior to approval of the final development plan . (Responsibility: Project Applicant) Task 16.2 Monitoring Erosion Control Measures The project geotechnical engineer shall periodically inspect the construction site to determine the adequacy of erosion control measures . If deemed necessary, the County may impose additional erosion control measures. (Responsibility: Project Applicant) Mitigation Measure: • Long term erosion and sedimentation can be significantly reduced by development and implementation of an overall erosion and sediment control plan and by appropriate design and construction, and continued maintenance, including individual property owner maintenance, of graded slopes and surface and subsurface drainage systems. An erosion and sedimentation control plan should be developed by a certified Erosion and Sediment Control Specialist, and implemented by City ordinance similar to the Association of Bay Area governments Model Ordinance No. 1 or No. 2 (ABAG, 1981) . 41 I Conditions) of Approval: Condition 18 applies, see above . Monitoring and Reporting Requirements.- Tasks equirements:Tasks 16.1 and 16.2 apply. Mitigation Measure: • The impacts of slope instability and potential slope instability with respect to improvements can be significantly reduced or in many cases prevented by recognition of the conditions and by (a) siting specific improvements off of unstable and potentially unstable landforms, (b mitigating (accommodating) the impact of instability and potential instability, c) removing the unstable or potentially unstable material, d) stabilizing unstable material or mitigating (preventing) potentially unstable material, and e) reconstruction (repairing) unstable or potentially unstable material. A design-level . geotechnical investigation and report performed by a certified Engineering Geologist should be performed and submitted for approval by the County Geologist/Engineering Geologist or City consulting Geologist/Engineering Geologist for each project prior to tentative map approval, and for each parcel prior to building permit approval. Proposed grading in some of these areas will completely remove potentially unstable landforms. Typical appropriate measures to mitigate (accommodate) the impact of slope instability and potential slope instability include engineered containment, impact, and deflection structures. Typical appropriate measures to stabilize unstable material and mitigate (prevent) potentially unstable material include engineered retention structures, buttressing with compacted fill and subdrainage, and surface and subsurface drainage. Current research on the landslide hazard potential of colluvium-filled swales indicates that surface and subsurface drainage may be effective in preventing landslides. Condition(s) of Approval: None. Monitoring and Reporting Requirements: Tasks 4 .1 - 4 .9 apply. Mitigation Measure: • Permanent changes in existing topography and natural surface and near surface geologic conditions are an unavoidable impact of extensive grading. The visual impacts of extensive grading can be reduced by sensitive engineering design, using gradual transitions from graded areas to natural slopes, and revegetation. Other impacts of extensive grading, including possible failure of cut and fill slopes, fill settlement, expansive soils (infill) , and increased short term and possibly long term erosion and sedimentation can be significantly reduced by previously discussed mitigation measures. Condition(s) of Approval: None. Monitoring and Reporting Requirements: None. 42 AIR QUALITY Mitigation Measure: • All construction contracts should require watering in late morning and at the end of the day. The frequency of watering should increase if wind speeds exceed 15 MPH. Condition(s) of Approval: • The project shall comply with the dust control requirements of the Grading ordinance including provisions pertaining to water conservation. Reclaimed water shall be used for dust control unless determined to be infeasible by the Zoning Administrator. (Condition 47) Monitoring and Reporting Requirements: Task 16.3 Construction Period Watering The construction area and adjacent roadways shall be watered periodically throughout construction to reduce dust emissions . (Responsibility: Project Applicant) Mitigation Measure: • Conditions of approval of the project should require daily clean-up of mud and dust carried onto street surfaces by construction vehicles. Throughout excavation activity, haul trucks should use tarpaulins or other effective covers. Upon completion of construction, contractors should take measures to reduce wind erosion. Replanting and repaving should be completed as soon as possible, Unnecessary idling of construction equipment should be avoided. Condition(s) of Approval: Condition 18 applies, see above . Monitoring and Reporting Requirements: Tasks 16.1 and 16.2 apply. Mitigation Measure: • Implementation of the roadway improvements proposed in Section 4 . 5 (of the Westside Specific Plan EIR) , would substantially improve traffic flow and, therefore, air quality at the San Ramon Valley and Crow Canyon Boulevard intersection, A major cause of CO production is engine idling at intersections. When intersections are operating at high levels of service, idling is kept to a minimum, and CO production is less. Condition(s) of Approval: Condition 49 applies, see section 3 traffic. Monitoring and Reporting Requirements: Tasks 3 . 1 - 3 . 4 , 3 . 8 - 3 . 12 apply. DRAINAGE 43 Mitigation Measure: • The drainage element of the Westside Specific Plan proposes the construction of detention basins to reduce post-project peak flows to existing conditions. These can greatly reduce off-site flood peaks from major storms. Flows from smaller storms will still increase. Condition(s) of Approval: None. Monitoring and Reporting Requirements: A detention basin has been included in the project design. No additional monitoring is necessary. Mitigation Measure: • Potential increases in urban runoff can be partially mitigated by a regular street-sweeping program. Condition(s) of Approval: None. Monitoring and Reporting Requirements: Tasks 8 . 3 and 8 . 4 apply. NOISE Mitigation Measure: • Residential development is also required to meet the interior noise goal of a Ldn of 45 dB if exposed to outdoor levels exceeding a Ldn of 60 dB. The interior noise level goals are typically achieved through the use of sound-rated windows and wall construction. Since the project includes berms and barriers in the design, the requirement for these windows and walls will be minimized. However, second-story units without shielding provided by the berms ad barriers may require sound- rated windows to meet this goal. An acoustical consultant should review the project plans to ensure Title 25 noise goals area met. Condition(s) of Approval: None. Monitoring and Reporting Requirements: The project plans have been reviewed by an acoustical engineer. No on-site mitigation is necessary. Off-site mitigation may be required. Tasks 14 .1 and 14 .2 apply to off-site noise mitigation. Mitigation Measure: • Residential development planned for this subarea (Norris Canyon Subarea) is generally located greater than 50 feet from the roadway. However, if residential development is located within 50 feet of the roadway, noise control measures will be incorporated into the building's design. The mitigation measures are similar to those proposed for the San Ramon Valley subarea. Where buildings will be located between outdoor use areas and the roadway, outdoor noise will be reduced to "normally acceptable" levels (e.g. backyards of houses on Norris Canyon Road) . Interior noise levels will be controlled to an Ldn if 45 dB through the use of sound-rated 44 I windows and walls. Condition(s) of Approval: Conditions 3 .G and 41 apply, see section 14 Noise. Monitoring and Reporting Requirements: Tasks 14 .1 and 14 .2 apply. Mitigation Measure: • Mitigation noise impacts on existing land uses could be achieved by the construction of noise barriers or berms. However, a detailed review of existing land uses was not performed as part of this acoustical study (For the Westside Specific Plan EIR) . It should be performed at a subsequent date to determine the requisite amount of noise reduction. If existing homes have outdoor use areas shielded from the roadway by the buildings, noise mitigation may not be necessary. Condition(s) of Approval: Conditions 3 .G and 41 apply, see section 14, Noise. Monitoring and Reporting Requirements: Tasks 14 .1 and 14 .2 apply. HOUSING Mitigation Measure: • Designate some of the areas proposed for residential development for higher density housing, including rental housing (apartments) . Condition(s) of Approval: None. Monitoring and Reporting Requirements: This measure does not apply to the Wiedemann Ranch Project. Mitigation Measure: • During implementation, encourage the development of affordable housing using density bonuses. Condi tion(s) of Approval: • With the recordation of the first phased final map, the applicant shall contribute a lump sum equal to $25 per each of the 371 lots in the project to a non-profit trust fund to study the feasibility of a light rail system for Contra Costa County. With the recordation of each phased final map, the applicant shall contribute a pro rata amount equal to: 1) $3,333 per each lot in that phase as an in-lieu contribution to a County-established affordable housing trust fund; and 2) per voluntary contribution by the applicant, an amount equal to that phase 's pro rata share of a total of $150, 000 to the County-established homeless trust fund. Provided, however, all contributions shall be paid within five years from date of recordation of the first phased final map. Said contributions shall be deposited with the Community Development Department. (Condition 51) 45 Monitoring and Reporting Requirements: Task 16.4 Affordable Housing $3,333 .00 per each lot shall be paid at the time of recordation of each final map for affordable housing. The fee shall be deposited in the County-established affordable housing trust fund. (Responsibility: Project Applicant) Mitigation Measure: • Allow more development and higher density development in areas closer to existing roads and utilities to reduce costs of housing production. Condition(s) of Approval: None. Monitoring and Reporting Requirements: None. This measure does not apply the Wiedemann Ranch project. TRANSPORTATION/CIRCULATION Mitigation Measure: • At San Ramon Valley Boulevard and Norris Canyon Road, restripe the westbound approach on Norris Canyon Road to provide one exclusive left turn lane, one shared through and left turn lane, and one exclusive right turn lane. In conjunction with this restriping, the signal phasing should be modified to eliminate split-phase operation on San Ramon Valley Boulevard and to provide split-phasing for Norris Canyon Road. With this mitigation, LOS D would result with Westside and cumulative traffic, and these would be no significant impacts. Condition(s) of Approval: None. Monitoring and Reporting Requirements: Task 3 .12 applies. Mitigation Measure: • At San Ramon Valley Boulevard and Bollinger Canyon Road, the northbound leg of San Ramon Valley Boulevard would require widening to project an exclusive right-turn lane. The right turn lane should be signal controlled due to the proximity of the Bollinger/I-680 interchange southbound on-ramp. This would require removal of some existing landscaping, With this mitigation, LOS D would result with Westside and cumulative traffic, and there would be no significant impacts. Condition(s) of Approval: Condition 49 .0 applies, see section 3 Traffic. Monitoring and Reporting Requirements: Tasks 3 .8 - 3 .11 apply. 46 WATER Mitigation Measure: • Annexation of all developed area outside of the current service boundary for EBMUD shall be processed through LAFCO. Condition(s) of Approval: None. Monitoring and Reporting Requirements: Complete. LAFCO has approved reorganization of EBMUD's boundary to include the approved development site. Mitigation Measure: • All development within areas of higher elevation than those served by existing pressure zones shall be responsible for the cost of constructing major facilities through the SCC. Condition(s) of Approval: None. Monitoring and Reporting Requirements: The project includes construction of all necessary water service facilities to serve the project site. No additional monitoring or reporting activities are necessary. Mitigation Measure: • The construction of major facilities in these zones would be funded by a separate System Capacity Charge (SCC) imposed by EBMUD under its regulations, which would be calculated on the basis of average water use by meter size, and also include components for future water supply, water main upsizing, and improvements in other zones supplying the area. The SCC would be placed on all new development within the affected area. The new zones would be designed to accommodate only the development of new units allowed by the Specific Plan and General Plan for the area. This means the district would be expanding its capacity to meet the needs of planned community . growth and is therefore growth-accommodating not growth inducing, All development would be required to pay the established SCC for EBMUD Region 7 unless new major facilities are required to serve the area. Condition(s) of Approval: None. Monitoring and Reporting Requirements: This measure does not apply to the Wiedemann Ranch project. Mitigation Measure: • New development shall pay all applicable fees to the district for provision of water service, The cost of water service would also include water mains, fire hydrants, and service connections as required by EBMUD regulations, rates and charges. 47 Condition(s) of Approval: None. Monitoring and Reporting Requirements: These fees are paid as part of the standard connection fees. No additional monitoring or reporting is necessary. SEWAGE DISPOSAL Mitigation Measure: • The contributing watershed in the northern portion of the Westside shall be annexed to the CCCSD. Annexation charges would be paid on the annexed land in order to equalize the investment in major facilities throughout the district. Condition(s) of Approval: None. Monitoring and Reporting Requirements: This measure does not apply to the Wiedemann Ranch project . Mitigation Measure: • The contributing watershed or individual properties in the southern portion of the Westside shall be annexed to the DSRSD. Annexation fees would be charged to the land to equalize major facilities expenditures and annexing costs. Condition(s) of Approval: None. Monitoring and Reporting Requirements: None. This measure does not apply to the Wiedemann Ranch project site. Mitigation Measure: • Fees shall be paid to CCCSD to cover any required upsizing of existing facilities identified by a district capacity study. Sewer mains shall be extended on Norris Canyon road to serve development. on-site mains within projects shall be designed and constructed per the requirements of CCCSD and the Hillside and Creek Area Sewer Policy. Pump stations shall be strongly discouraged. Connection fees shall be paid to CCCSD for all new construction. Condition(s) of Approval: None. Monitoring and Reporting Requirements: None. The project includes construction of all necessary sanitary sewer improvements to serve the project . Standard connection fees would also be paid to CCSD for each house. No additional monitoring or reporting is necessary. Mitigation Measure: 48 • Existing capacity and improvements to CCCSDS' existing facilities that are required as a result of new development will be funded from applicable district fees and charges. The development will be required to pay these fees and charges at the time of connection to the sewer system. The Board of Directors adopted a new system of Facilities Capacity Fees on May 4, 1989 . The Facilities Capacity Fees will be phased in over a two-year period that starts July 1, 1989 . However, the District may determine that an additional fee for the Norris Canyon Road sewer is required based upon the capacity study. Condition(s) of Approval: None. Monitoring and Reporting Requirements: None. The project includes construction of all necessary sanitary sewer improvements to serve the project . Standard connection fees would also be paid to CCSD for each house . No additional monitoring or reporting is necessary. AESTHETICS Mitigation Measure: • A development pattern which concentrates development in the most logical and accessible areas, and preserves the majority of the site in open space. Condition(s) of Approval: None. Monitoring and Reporting Requirements: None. The project design includes these concepts . No additional monitoring or reporting is necessary. Mitigation Measure: • A development pattern organized around a pattern and variety of open spaces which maintain views to undeveloped hillsides and emphasize the predominant openness of the landscape. Condition(s) of Approval: None. Monitoring and Reporting Requirements: None. The project design includes these concepts . No additional monitoring or reporting is necessary. Mitigation Measure: • The development of larger lots in steeper terrain to create a more positive transition to the surrounding hillsides. Condition(s) of Approval: None. Monitoring and Reporting Requirements: None. The project design includes these concepts. No additional 49 monitoring or reporting is necessary. Mitigation Measure: • Restricting development in the agricultural open space to an extremely low density and high level of scenic quality. Condition(s) of Approval: Condition 21 applies, see section 10, Parkland/Recreation/Open Space Management. Monitoring and Reporting Requirements: Tasks 10 .4 and 10 .5 apply. Mitigation Measure: • Maintaining setbacks of 20 feet and 100 feet along San Ramon Valley Boulevard and Norris Canyon Road, respectively. Condition(s) of Approval: None. Monitoring and Reporting Requirements: None. The project design includes appropriate setbacks from Norris Canyon Road. No additional monitoring or reporting is necessary. Mitigation Measure: • Establishing street standards which allow inclination of up to 20 percent slope, minimize the paved area of roadway, and encourage split-level configurations in order to reduce the need for grading. Condition(s) of Approval: Condition 49 .1. applies, see section 4, Geology and Soils. Monitoring and Reporting Requirements: Tasks 4 .13 and 4 .14 apply. Mitigation Measure: • Providing for gateway landscaping at major entries and encouraging a coherent pattern of development. Condition(s) of Approval: Conditions 3 .E. and 3 .F. apply, see section 3, Aesthetics . Monitoring and Reporting Requirements: Tasks 2 .10 and 2 .11 apply. Mitigation Measure: • Establishing design guidelines for hillside development to ensure that: • Graded areas recreate as natural an appearance as possible and are blended with the surrounding landscape, 50 emphasizing a contour grading approach rather than wide step terracing. • Coverage restrictions and setbacks between buildings are observed. • Buildings are sympathetic with the landscape in form, height, color, and general character, giving visual variety and interest to the hillside landscape and reducing the perceived bulk of buildings and their intrusion into a natural setting. • Planting is required where woodland is removed, on cut slopes, and at higher elevations in order to blend development back into the landscape. • The height. and treatment of walls and fences are carefully controlled in order to be as unobtrusive as possible. • Controlling the grading and landscaping of parking areas to minimize the visual effect of a large asphalted area. • Street and outdoor lighting is designed to minimize nighttime visual impacts of development in the area. Condition(s) of Approval: Condition 30 applies, see section 2, Aesthetics . Monitoring and Reporting Requirements: Tasks 2 .4 and 2 .5 apply. Mitigation Measure: • Development incorporates a method for ongoing maintenance of development areas and common open spaces. Condition(s) of Approval: Conditions 28 and 29 apply, see section 2, Aesthetics . Monitoring and Reporting Requirements: Tasks 2 .1 - 2 .3 apply. Mitigation Measure: • The visual impact analysis for the westside Specific Plan is based on illustrative site plans, design guidelines, and illustrative streets sections. As more detailed plans are prepared and submitted to the City, they should be reviewed for compliance with the overall goals, objectives and policies of the Specific Plan as reflected in the illustrative drawings to ensure that potential adverse impacts are mitigated. More specifically, all development and grading plans, parcel map, and tentative map applications should be accompanied by: • A site model at an appropriate scale, showing proposed grading, buildings, and landscape treatment, as well as the relationship of the project to the surrounding developed and undeveloped areas: • Sketches, cross sections, and elevational drawings as required to fully describe the impacts of the proposed development plan and its components; and • Detailed visual analysis, utilizing such techniques as sightline mapping and visual simulation (computer or photographic) of the project from a panorama of locations as determined by the Planning Department. Architectural Review board, or Planning Commission. Condition(s) of Approval: 51 I I None. Monitoring and Reporting Requirements: This measure was complied with as part of the Draft Supplemental EIR prepared for the Wiedemann Ranch project . No additional monitoring or reporting requirements are necessary. Mitigation Measure: • Development in and adjacent to the cross-valley ridge shall be avoided unless it can be shown that: • Development will not be seen from San Ramon Valley Boulevard. • Graded areas are integrated with the natural landscape for as natural appearance as possible, resulting in an attractive blending of developed area with undeveloped areas. • Regrading maintains a positive relationship to creek corridors, ensuring that they are integrated with surrounding development and not isolated by steep banks and great depth. • The integrity of the ridges as a visual element is maintained by locating houses below the reconfigured high point and banking development away from the ridge. • Minimal grading is accomplished on those lots which are on the south side of the reconfigured ridge, keeping cut slopes to a minimum. • Cut slopes are properly hydroseeded for coverage and to encourage native grasses and wildflowers. Condition(s) of Approval: Condition 30 applies, see section 2, Aesthetics. Monitoring and Reporting Requirements: Tasks 2 .4 and 2 .5 apply. Mitigation Measure: • Conformance with the RCOD ordinance is ensured in the areas adjacent to San Ramon Valley Boulevard and in the northeastern portion of the Norris Canyon Road area, as shown on the illustrative site plans. Minor exceptions to the RCOD should only be allowed if the following can be shown: • The proposal is required for access/connections or for transitioning grades. • Reconfiguration of the landscape is used to improve geologic stability. • The proposal creates a more efficient and attractive project in keeping with the design guidelines and development standards. • The proposal will not negatively affect the visual continuity and integrity of ridgelines, and will positively integrate cut and fill areas with the landscape for an appearance as natural as possible. • The proposal involves a small number of lots, or an area of less than three acres. Condition(s) of Approval: None. Monitoring and Reporting Requirements: 52 The mitigation measure does not apply to the project. No monitoring or reporting requirements are necessary. Mitigation Measure: • Additional landscape and setback requirements to conceal development and retaining walls. Condition(s) of Approval: Conditions 3 .L., 28 and 29 apply. see section 2, Aesthetics. Monitoring and Reporting Requirements: Tasks 2 .1 - 2 .3 apply. Mitigation Measure: • Increasing lot size and setback area in extremely steep situations or where complicated cross slopes- exist. Condition(s) of Approval: None. Monitoring and Reporting Requirements: This measure was incorporated into the project design . No additional monitoring or reporting requirements are necessary. Mitigation Measure: • Minimizing or eliminating flat yards and requiring the use of stepped foundations. Condition(s) of Approval: Condition 30 applies, see section 2, Aesthetics. Monitoring and Reporting Requirements: Tasks 2.4 and 2 .5 apply. Mitigation Measure: • Further narrowing street cross sections in order to minimize the need for grading. Condition(s) of Approval: Condition 49 .1. applies, see section 4, Geology and Soils . Monitoring and Reporting Requirements: Tasks 4 .13 and 4 .14 apply. Mitigation Measure: • Accommodate bicycle paths (totaling eight feet) on the proposed creek trail on the south side of San Catanio Creek. Condition(s) of Approval: Condition 27 applies, see section 10, Parkland/Recreation/Open 53 Space Management . Monitoring and Reporting Requirements: Tasks 10 .3 and 10 .4 apply. Mitigation Measure: • Accommodate emergency parking in flatter areas of the roadway. Condition(s) of Approval: Condition 49 .1. applies, see section 4, Geology and Soils. Monitoring and Reporting Requirements: Tasks 4 .13 and 4 .14 apply. Mitigation Measure: • Only slightly widen the existing road (by 6 to 8 feet) in order to create more comfortable traffic lanes of 12 to 13 feet. Condi tion(s) of Approval: None. Monitoring and Reporting Requirements: This measure does not apply to the Wiedemann Ranch project . No monitoring and reporting requirements are necessary. Mitigation Measure: • Locate water tanks in consideration of minimizing visibility from Norris Canyon Road and San Ramon Valley Boulevard. Condition(s) of Approval: Condition 3 .K. applies, see section 2, Aesthetics. Monitoring and Reporting Requirements: Tasks 2 .14 and 2 .15 apply. CULTURAL RESOURCES Mitigation Measure: • Preservation of the (rock) walls can only be assured by excluding people from this area in the future, a state which has been achieved to date by the relative inaccessibility of the area though a working ranch, If access cannot be limited, then the locations and general condition of the numerous walls should be recorded to provide a record of their placement and to monitor future impacts to them any adjacent development might bring about. Condition(s) of Approval: I • Comply with the following archaeological resource requirements: 54 A. If any significant cultural materials such as artifacts, human burials, or the like are encountered during construction operations, such operations shall cease within 10 feet of the find, the Community Development Department shall be notified within 24-hours and a qualified archaeologist contacted and retained for further recommendations . Significant cultural materials include, but are not limited to, aboriginal human remains, chipped stone, groundstone, shell and bone artifacts, concentrations of fire cracked rock, ash, charcoal, shell, bone, and historic features such as privies or building foundations . B. Appropriate mitigation of the cultural resources may include monitoring of further construction and/or systematic excavation of the resources. Any artifacts or samples collected as part of the initial discovery, monitoring or mitigation phases shall be properly conserved, catalogued, analyzed, evaluated and curated along with associated documentation in a professional manner consistent with current archaeological standards. (Condition 48) Monitoring and Reporting Requirements: Task 16.5 Cultural Resources Comply with condition 48 by stopping construction if cultural resources are encountered and notifying the County immediately. (Responsibility: Project Applicant) Note: Additional monitoring requirements may be imposed if cultural resources are encountered during construction. 55 IV. ADDITIONAL CONDITIONS OF APPROVAL The following section contains additional conditions of approval adopted for the Wiedemann Ranch Residential Community project. These conditions of approval do not correspond to mitigation measures adopted as part of the Supplemental Environmental Impact Report or the EIR on the Westside Specific Plan. Therefore, no monitoring and reporting requirements are necessary for these conditions under the requirements of AB 3180. The number to the left of the condition corresponds to the condition's number in the complete set of conditions adopted for the project. The complete set of conditions are attached as Attachment A. General 1. Exhibits. Development shall be based on the following submitted exhibits as modified by the conditions below: A. Vesting Tentative Map for Subdivisions #7575 and #7578 dated received November 13 , 1992 . This is also the Preliminary Development Plan. B. February 8, 1991 Harlan Tait Associates Geotechnical Feasibility Investigation. C. March 30, 1992 Harlan Tait Associates Landslide Repair Plans. D. August 27, 1991 Sugnet & Associates Biotic Resource Assessment and Habitat Mitigation Plan. E. July 30, 1992 Harlan Tait Associates Geotechnical Report for Subdivisions 7575 and 7578 . F. Project Hillside Protection and Development Guidelines dated September, 1992 . G. January 8 , 1992 letter from HCV Pacific Partners to San Ramon Valley Fire Protection District. H. Regional and Project Trails Agricultural Lots Open Space and Scenic Easement Map dated November 17, 1992 . 2 . Number of Lots, Zoning, Phasing. This project is approved for a maximum of 371 lots plus the three agricultural lots. Approximately 482 acres shall be rezoned to Planned Unit District (P-1) encompassing the proposed residential development lots, perimeter and internal project common areas. The remainder of the property will remain in A-4 zoning. Phased final maps are hereby authorized but not required. 3 . Final Development Plan. Prior to commencement of grading activity or filing a final map, a final development plan application shall be submitted and approved. Final development plan approval shall focus on and be limited to final design issues to assure compliance with the approved conditions and mitigation measures for the preliminary development plan and tentative subdivision map. Final development plan shall include design level detail comparable to a final subdivision map and shall be approved by the San Ramon Valley Regional Planning commission prior to approval by the Board of Supervisors of the Final Subdivision Map. Planning Commission review of the final development plan shall be scheduled within sixty days from the date of submittal of the design level plans to the Community Development Department and Public Works Department. The submittal plans shall provide for: 56 A. Plan Details. Final landscape plans, final grading plan, building envelopes (including building setbacks and separations, and roadway plans) . These plans shall demonstrate that visual, grading, vegetation and other impacts have been addressed consistent with the mitigation measures required of the project and as provided for in the tentative subdivision map and exhibits identified in Condition #1. B. Design Guidelines. Final design guidelines enforceable by the County and concurrent submittal of architectural plans, site plan, fencing plan and landscape plan for two lots to demonstrate how the design guidelines are going to be implemented. D. Creekside Restoration Plan. This plan shall address all areas where grade changes are required to protect against erosion and to enhance scenic qualities and wildlife values. L. Additional Requirement for Design Residential Guidelines. Proposed subdivision landscape plans shall be prepared by a licensed landscape architect and shall be certified for compliance with the County Water Conservation Ordinance. Use of naturally indigenous trees and shrubs is encouraged. The applicant shall provide a suitable instrument guaranteeing to the County the survival of the approved plantings for a period of at least 24 months following completion of planting. The plans shall demonstrate by design and selection of material compliance with Chapter 82-18 of the Zoning Code, "Sight Obstruction at Intersections. " Prior to submittal to the Planning Commission, the Public Works Department, Road Engineering Division shall be provided an opportunity to review and comment on all landscape plans adjacent to roads and driveway intersections. 6. Limitations on Tree Removal. Trees planted as part of the reforestation program and in common areas, trees planted on an individual lot to mitigate visibility of the homes and trees that have been preserved on the project site shall not be removed unless an application by the Homeowners' Association Architectural Review Board is first approved by the Zoning Administrator following a public hearing. On any of the three agricultural lots, trees shall not be removed from the third tier scenic easement area unless an application by the owner is approved by the Zoning Administrator with simultaneous provision of the information to the EBRPD for their review and comment. In the second tier agricultural use area, trees may be removed only for purposes of routine land management (e.g. dead, fallen or diseased trees) , unless otherwise first approved by the Zoning Administrator. In the first tier development sites, tree removal shall be allowed only as provided for in the final design approval for the development site in each agricultural lot or as otherwise subsequently first approved by the Zoning Administrator. 7. Contingent Approval of Subdivisions. The approval of Subdivisions 7575 and 7578 is contingent on final approval by the Board of Supervisors of Rezoning File #2947-RZ and Preliminary Development Plan #3005-91. The requirements of the subdivision approval are subordinated to any modifications to the project rendered by the Board of Supervisors. Agricultural Preserve Contracts 8 . Contingent Precedent to Development. No final map may be recorded, nor non-agricultural development or grading activity may commence until the existing restrictions of the 57 Agricultural Preserve Contract affecting the development area that has been rezoned P-1 has become null and void either by expiration or by cancellation action of the Board of Supervisors. Geotechnical 11. Grading Bond. A grading bond is required for the work necessary to carry out the grading plan and Final Development Plan. Provide sufficient information to estimate the cost of required soil improvements, or a contractor's estimate. 12 . Recorded Geotechnical Statement. Record a statement to run with deeds to parcels of the property acknowledging the geotechnical reports by titles, author (firm) , and dates, calling attention to recommendations, and noting that the report is available to prospective buyers from the owner. Fencing Plan 19. Private Fencing. Privacy fencing shall be allowed only along the property lines of each lot where adajacent structures are within the Development Area defined on each lot. Privacy fencing shall consist of 1 x 6 boards attached to a 2 x 6 cap and a 1 x 4 trim supported by 4 x 6 posts on six-foot centers. Privacy fencing shall be no higher than six feet. Privacy fencing standards shall be included in the project design guidelines. 20. Perimeter Fencing. The perimeter of the development area and Private Open Space Areas of each lot shall be either: un- fenced or restricted to deer fencing. Deer fencing shall consist of a 2" x 4" welded wire black fabric. Deer fencing shall be six feet high supported by 4 x 4 wood posts on eight- foot centers. Fencing standards shall be included in the project design guidelines. Open Space and Heritage Tree Nomination 22 . Parcel "D" Merger. Parcel "D" as shown on the Tentative Map of Subdivision 7575 shall be merged with Lot 188 . 23 . Heritage Tree Designation. Concurrent with the final development plan application, the applicant shall apply to the County for heritage tree designation for trees to be preserved on the property pursuant to Section 816-4 . 404 of the Zoning Code. The submittal shall include a nomination request for tree groves in the approved common open space area and other significant trees; and shall be accompanied by the grading/tree preservation plan and tree replacement program approved by the Zoning Administrator. The submittal shall by prepared by a licensed arborist and shall provide detailed information on trees with trunks within 40 feet of proposed grading or other development. The survey shall include information on trunk circumference, tree species, and canopy of individual trees. The nomination proposal shall provide for a suitable marking of designated heritage trees. The number of trees designated for heritage status may be increased or diminished from those nominated by the applicant. The submittal shall include a proposed notice, upon Board of Supervisors designation action, to be used to inform prospective buyers of the heritage tree program, and the process that must be followed in order to remove or otherwise damage a tree. 58 24 . Limitation on Tree Removal. No trees shall be removed from any of the property prior to approval of the grading/tree preservation plan without the prior approval of the Zoning Administrator. Regional Trail Dedication 25. Final Regional Trail Alignment; Funding for Maintenance. The final regional trail alignment as set forth on the final agricultural map shall be determined at the time of final development plan approval (see also Condition 4) . The alignment provided for in the tentative agricultural lots map may be modified following additional review and input by the EBRPD. All offers of dedication shall be made to the EBRPD prior to approval of the first phased final subdivision map in the project. For regional trail and emergency vehicle and maintenance access (EVMA) alignments inside private property, trail and EVMA easements shall be offered for dedication to the EBRPD, or if it does not accept the alignment, then offered to the County. Other easements on or across public land or trails may be authorized and their terms defined at the final development plan and final agricultural lots map approval. The applicant shall be responsible for making regional trail and EVMA improvements (on Lot 168, the applicants responsibility for EVMA improvements is limited to the alignment east on the access road to the development site) in the manner and design approved by EBRPD and dedicating them by the time the last residential building permit for each phased subdivision is approved, unless EBRPD otherwise agrees to extend the time for trail construction and/or acceptance. A landscaping and lighting district, or another funding mechanism acceptable to the County, with input from EBRPD, shall be provided whereby the property owners in the project (not including the owners of the three agricultural lots) shall be responsible for financing the cost of maintaining any public open space within the project site, including the regional trails. Actual maintenance of their lands and easements will be provided by the EBRPD. 26. Regional Trail to Wiedemann Hill. The regional trail only from "A" Drive to the top of Wiedemann Hill shall be via an all-weather surface (i.e. , the existing gravel road) to provide access for pedestrians. An easement shall be offered for dedication to the EBRPD. If the EBRPD does not accept it, then it shall be offered to the County. If it does not accept it, then it shall be maintained as a project trail available to the public for such pedestrian access. Trail improvements shall be constructed by the applicant and maintained consistent with Condition 25 . Due to safety consideration, vehicle access shall be restricted to service vehicles related to communication site activities, emergency vehicles, and owners of the agricultural lot. Transportation Demand Management Program 35. TDM Program. At least 30 days prior to filing a Final Map, the applicant shall submit two copies of a Transportation Demand Management (TDM) Program in accord with the requirements of Ordinance No. 92-31. The applicant should contact the County TDM coordinator in the Community Development Department at 646-2131 regarding any questions on the program requirements. Child Care Ordinance 36. Child Care Program. At least 60 days prior to recording a final map, the applicant shall submit a demand study for child care facilities generated from the future project residents 59 and an appropriate response program in accord with Ordinance 88-1, the Child Care Ordinance. The demand study and response program shall be subject to the review and approval of the Zoning Administrator. Prior to recording the final map, the applicant shall submit evidence that he has complied with whatever program requirements have been imposed. Covenants, Conditions and Restrictions (CC&R's) 37 . CC&R's Review and Approval. Prior to final development plan approval, a copy of the project's Covenants, Conditions and Restrictions (CC&Rs) shall be . submitted to the Community Development Department for review and approval. A copy of the proposed CC&Rs shall be provided to the EBRPD upon submittal to the County. The document shall provide for maintenance of common open space, fire break protections, and maintenance of any internal, private roads. The document shall reference the approved residential design guidelines, slope and drainage improvements maintenance plan and fencing plan program. In accord with the County Child Care Ordinance, the CC&Rs shall indicate that a child care facility may be located at any residential unit, or lot, consistent with the existing laws. Drainage Crossings 38 . Design of Crossing Structures. Drainage crossing structures shall be designed in accordance with the Biotic Resource Assessment and Habitat Mitigation Plan. Prior to filing a final map, final drainage crossing plans shall be submitted to the Public Works Department for review and approval. Aquatic Habitat Plan 39. 3 : 1 Replacement Ratio. All impacted wetlands and "waters of the United States" shall be replaced in a ratio of 3 acres for every 1 acre impacted. 40. Additional Permits. Prior to the issuance of a grading permit, the project applicant shall secure all necessary permits and agreements from the U. S. Army Corps of Engineers and California Department of Fish and Game. Copies of the permits from these agencies shall be provided to the Zoning Administrator Construction Period Restrictions 44 . Time Limits on Construction Activity. Noise generating construction activity (including playing of loud radios or music) 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 of the Zoning Administrator. 45. Recyclable Construction Materials. The applicant shall provide for the separation of recyclable construction material, such as wood waste and inert solids, at the construction site. Provisions for the separation of recyclables shall be consistent with the County Source Reduction and Recycling Element. Any questions on satisfying this requirement should be directed to the County Recycling Specialist in the Community Development Department at 646-4198. 46. Notice of Construction Work Commencement. At least one week prior to commencement of grading, the applicant shall post the 60 site and mail to the owner of property within 300 feet of the exterior boundary and to the homeowner associations of nearby residential projects, that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and 24-hour emergency number, shall be expressly identified in the notice. The notice shall be reissued with each phase of major grading and construction activity. Copies of the notice shall be concurrently transmitted to the Community Development Department. The notice shall be accompanied by a list of the names and addresses of the parties noticed, and a map identifying the area noticed. Road, Utility and Drainage Requirements 49. Compliance Requirements. Comply with the following road, utility and drainage requirements: 2) Install safety street lighting and annex the property to County Service Area L-100 for maintenance of the street lights. Lighting shall be located only at the project entry intersections with Norris Canyon Road, at the intersection of "A" Drive with "S" Drive, at the intersection of "A" Drive with itself, at the intersection of "A" Drive with "B" Drive, and the intersection of "A" Drive with "K" Drive. 3) Construct a paved hammerhead turnaround at the end of the proposed private road/common driveways. 4) Underground all subdivision utility distribution facilities, including those existing on the Norris Canyon Road frontage. 5) Convey 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 the detention basin facility which conveys the storm waters to a natural watercourse. 6) Design and construct storm drainage facilities required by the Ordinance in compliance with specifications outlined in Division 914 of the Ordinance and in compliance with design standards of the Public Works Department. 7) Install, within a dedicated drainage easement, any portion of the drainage system which conveys run- off from public streets. 8) Relinquish "development rights, " or convey other instrument acceptable to the Public Works Director, over that portion of the site that is within the structure setback area of the creek. The structure setback area shall be determined by using the criteria outlined in Chapter 914-14 , "Right of Way and Setbacks" of the Subdivision Ordinance. Due to the nature of the creeks in this area the structural setback may be determined from a soils report. The applicant shall submit the soils 61 i I geological and geotechnical report for review by the Public Works Department, Flood Control Division, showing slope stability, a proposed structural setback line, and construction methods for buildings to be located on the adjacent slope. The structure setback line shall be shown accurately on the final development plan and the Final Maps. The instrument dedicating development rights shall provide that the individual homeowners may apply to the Public Works Department to place accessory structures within the setback line (e.g. gazebos) , subject to the review and approval of the Department. 9) Submit improvement plans prepared by a registered civil engineer, payment of review and inspection fees, and security for all improvements required by the Ordinance Code or the conditions of approval for this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the Public Works Department. 10) Submit phased final subdivision maps or one final map prepared by a registered civil engineer or licensed land surveyor. 11) Exceptions to public road standards consistent with the revised standards set forth in Condition 49 . I. are hereby allowed. E. Intent of Off-Site Conditions. The intent of these Conditions is to require the applicant to construct the improvements, or to pay a fair share toward their construction, identified in the Final Supplemental Environmental Impact Report as traffic mitigation measures along with the Norris Canyon Road sound barrier. F. Norris Canyon Road Frontage Dedication. Convey to the County, by Offer of Dedication, 42 feet of half-width right-of-way from the centerline of the alignment along the Subdivision 7578 frontage abutting Norris Canyon Road, plus any necessary slope easements along the frontage. G. Sight Distance Requirements. Provide for adequate sight distance at the project access intersection with Norris Canyon Road for a design speed of 35 miles per hour and all on-site intersections for a design speed of 25 miles per hour in accordance with CALTRANS standards. This applies to the intersection of "S" Drive and "A" Drive, "A" Loop intersection with itself and "A" Loop with "B" *' Drive. Site distance for remaining intersections shall be reviewed and approved at final development plan. Convey to the County a sight distance easement across those parcels which are crossed by the line of sight at all internal intersections. All garages which are accessed through a sight distance easement shall be set back a minimum of 20 feet from the easement. The applicant should be aware that the sight distance easements could affect the buildability of some lots. H. Relinquishment of Abutter's Rights. Relinquish abutter's rights of access along Norris Canyon Road with the exception of the two proposed access roads. J. Timing for Construction of Norris Canyon Road "A" Drive Safety-Related Improvements. Install safety-related improvements at the intersection of Norris Canyon Road and "A" Drive ( including traffic signs and 62 channelization) as approved and at the time required by the Public Works Department (possibly prior to construction of any major public or private facilities and prior to issuance to building permits in these two subdivisions) . K. Location of No Parking Signs/Curbside Designations. Install "No Parking" signs and/or painted "No Parking" curb designations: 1) Along the west side of "A" Drive from "S" Drive to its intersection with itself. "No Parking" will be required on either side of the street along 28- foot road widths. Parking will be allowed on one side of the street along 32-foot road widths. 2) Along the inside of "A" Drive Loop except within 800 feet from the intersection of "A" Loop with itself in front of the swim and tennis club. 3) Along both sides of "B" Drive from lot 321 to "C" Court except in adequate parking bays (at least 7- feet wide) . 4) Along the south side of the curb between Lot 321 and the "A" Drive Loop Road. 5) Along both sides of "S" Drive. 6) Along one side of "T" Court North between the "T" Drive Entry Road and "S" Drive, except in adequate parking bays at least 7-feet wide. Along one side of all other roads greater than 24 feet in width and not noted otherwise in these Conditions. 7) Along both sides of the "T" Drive Entry Road. 8) Along one side of "B" Drive west of "C" Court, "C" Court, "D" Court, "E" Court, "F" Court, "G" Court, "H" Court "I" Court, "J" Court, "K" Drive Loop Road, "M" Court, "N" Court, "T" Court North south of "S" Drive, "T" Court South except in adequate parking bays at least 7-feet wide. "No Parking" shall be allowed on the inside of the "K" Drive Loop Road. 9) Special parking shall be provided along "A" Drive to accommodate parking for Wiedemann Hill trail users per Condition 27 . L. Prevention of Storm Drainage Across Sidewalks and Driveways. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across sidewalks and driveways. M. Omit. N. Proof of Right Entry. Furnish proof to the Public Works Department, Engineering Services Division, of the acquisition of all necessary rights of entry, permits and/or easements for those improvements constructed with each phase. O. Acquistion of Off-Site Right-of-Way and Easements. If, after good faith negotiations, the applicant is unable to acquire necessary rights-of-way and easements, he shall enter into an agreement with the County to complete the necessary improvements at such time as the County acquires the necessary interests in accordance with 63 Section 66462 and 66462 . 5 of the Subdivision Map Act (the County must make a subsequent independent determination to exercise its condemnation authority) . P. Private Roads Maintenance Agreements. Establish maintenance agreements to insure future maintenance of the private roads/common driveways and the Emergency Vehicle Access within the subdivision boundaries. R. Extension of "S" Drive. Extend "S" Drive to the westerly property line of Subdivision 7578 as a 52-foot right-of- way. No improvements are to be constructed at this time. T. Potential for Formation of New Area of Benefit: Certain improvements required by the Conditions of Approval for this development or the County Subdivision Ordinance Code may become eligible for credit or reimbursement against area of benefit fees, if an area of benefit is formed for construction of those improvements. The developer should contact the Public Works Department to determine what would be required to form an area of benefit and to personally determine the extent of any credit or reimbursement for which he might be eligible. The costs associated with the formation of the area of benefit would be an obligation of the applicant. Environmental Compliance 50. Update to Mitigation Monitoring Program; Mitigation Measures or Conditions of Approval. The applicant shall submit any modifications, updates or further details to the approved mitigation monitoring program for approval by the Zoning Administrator prior to final development plan approval. As an additional condition of approval, the applicant shall timely comply with all mitigation measures set forth in the Final Supplemental Environmental Impact Report or otherwise adopted by the Board of Supervisors. Energy Efficiency . 52 . Special Energy Efficiency Requirements. Homes shall be designed to meet energy efficiency standards of 10% more than the requirements of Title 24 of the California Code of Regulations currently in effect, unless otherwise approved by the Zoning Administrator as to glass efficiency standards to provide architectural design flexibility. In each garage, an electrical outlet shall be installed and dedicated for potential use in recharging electrical vehicles. ADVISORY NOTES A. The project lies within the 100-year flood boundary as designated on the Federal Emergency Management Association Flood Insurance Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 87- 65) as they pertain to future construction of any structures on this property. B. This project may be subject to the requirements of 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. C. This project may also be subject to the requirements of the U. S. Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required and if it can be obtained. D. The applicant will be required to comply with the requirements 64 of the Bridge/Thoroughfare Fee Ordinance as adopted by the Board of Supervisors. E. Certain improvements required by the Conditions of Approval for this development or the County Subdivision Ordinance Code may be eligible for credit or reimbursement against said fee. The developer should contact the Public Works Department to personally determine the extent of any credit or reimbursement for which he might be eligible. F. The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) as promulgated by the California State Water Resources Control Board, or any of its regional water quality control boards (San Francisco Bay Region II or Central Valley-Region V) . G. Comply with the requirements of the San Ramon Valley Fire Protection District. H. Comply with the development fee payment requirements of the San Ramon Valley Unified School District at -time of issuance of building permits. I . Comply with the requirements of the Health Services Department, Environmental Health Section (646-2521) . J. Comply with the requirements of the Construction Use of Recycled Water Ordinance (No. 91-24) . K. The applicant is advised that the tax for the police services district is currently set by the Board of Supervisors at $200 per parcel annually (with appropriate future Consumer Price Index [CPI] adjustments) . The annual fee is subject to modification by the Board of Supervisors in the future. The current fee for holding the election is $800 and is also subject to modification in the future. The applicable tax and fee amounts will be those established by the Board at the time of voting. L. LAFCO and the East Bay Municipal Utilities District (EBMUD) are advised that the Board of Supervisors, in approving this project and in petitioning LAFCO for the Norris Canyon Road Area Boundary Reorganization, with respect to the provision of water service to the project, has based its actions in part on the facts that the EBMUD represents the only available water supply for this area and the amount of water that will be used by this project and in the area of the boundary reorganization represents substantially less then one percent of overall current and projected water service demand in EBMUD. The Board's actions are further based on the fact that any apparent additional minor annexations to EBMUD will not cumulatively represent an appreciable percentage of future projected water demand in EBMUD. The Board also recognizes that the issue has yet to be resolved whether, prior to water service being provided by EBMUD to large areas designated for substantial new urban use that are outside EBMUD's boundaries, an increase in its water supplies may be required. Approval of this relatively small project should not be considered as a precedent, justification, or premature Board support for other boundary reorganizations that involve annexation to EBMUD, including such large areas designated for new substantial urban use. The growth management and service issues are fundamentally different. Such boundary reorganizations and projects, including their compliance with the County's growth management standards, must be considered on their own merits and facts without regard to the Board's actions here. 65 M. The East Bay Regional Park District (EBRPD) is advised that in approving this project with its three agricultural lots, the Board of Supervisors has not required dedication of land but is allowing the opportunity for a gift of private land to EBRPD by the property owners as outlined in the agricultural lots map. In not requiring a dedication of land to the EBRPD and instead allowing an opportunity for a gift of land and otherwise for continued private ownership in combination with deed restrictions and scenic easements, the Board recognizes the unique circumstances of the property and its owners. The approach used here should not be considered an example or precedent for -other projects in Contra Costa County. 66 V. MITIGATION COMPLIANCE REPORT Project Name/Reference: Da te: Ti►lle: Monitoring Task:_ (I(lclulle It anis title, SCC Section 11 of l ollilorirlg Report) CON11'L,li\NC'I: f�10N1"I UI:ING BASELINE OBSERVATION C0111l.)Ilalll_h St<ltus: If Unacceptable: Remedial Action Implemented Acceptilb1 _ (Discuss below) Remedial Action Needed (Discuss Below) lJnacccpUA)1c, Additional Fo11ow-up Needed (No remedial Action) Observations: Recoill1111►ldations: Preparers Name: Representing (Agencv/Firrn): Si}; VI. MASTER MITIGATION COMPLIANCE CHECKLIST MASTER MITIGATION COMPLIANCE CHECKLIST MONITORING/REPORTING WAS TASK TASK (Refer to Section II for a DATE EFFECTIVE? detailed discussion of each task) IMPLEMENTED (If Applicable) COMMENTS ....... . ..... .... . .......... ...... . ............... .............................. . ..... ....... . ......... . ......AF i T S ...... ... ........... . ....... . ..... ......... Task 2.1 Prepare Detailed Landscape Plan Task 2.2 Installation of Landscaping Task 2.3 Monitoring Landscaping Task 2.4 Creation of and Internal Design Review Board Task 2.5 Zoning Administrator Review Task 2.6 Construction Period Monitor Task 2.7 Zoning Administrator Review - Ag lots Task 2.8 Visual Analysis of Agricultural Lots Task 2.9 Review of Visual and Grading Analvsis Task 2.10 Project Gateway Design Plans Task 2.11 Redesign Project Entrance Road Task 2.12 Submittal of Building Plans for Homes Along "A" Drive Task 2.13 Review by EBRPD and San Ramon Task 2.14 Water Tank Designs Task 2.15 Monitoring of Water Tanks Task 2.16 Street Light Plan Task 2.17 Street Light Design Task 2.18 Monitoring Lighting 67 MAS'T'ER MITIGATION COMPLIANCE CHECKLIST MONITORING/REPORTING WAS TASK TASK (Refer to Section II for a DATE EFFECTIVE? detailed discussion of each task) IMPLEMENTED (If Applicable) COMMENTS �:.:,::.::.: 3: TRAI' .... . .:... . . .......:: Task 3.1 Prepare Detailed Intersection Plans Task 3.2 Construction of Intersection Improvements Task 3.3 Geometric Analysis Task 3.4 Construct Norris Canyon Road Improvements Task 3.5 Micro Benefit District Task 3.6 Bond for Construction Damage to Norris Canyon Road Task 3.7 Repair of Construction Damage to Norris Canyon Road Task 3.8 Signal Warrant Stud Task 3.9 Fair-Share Payment for Signal Task 3.10 Transfer of Funds to the City of San Ramon Task 3.11 Installation of Signal Task 3.12 Install Improvements to Norris Canyon/Twin Creeks Drive Intersection Task 3.13 Determination of Fair-Share Payment Task 3.14 Payment of Fair- Share Contribution Task 3.15 Transfer of Funds to City of San Ramon 68 MASTER MITIGATION COMPLIANCE CHECKLIST MONITORING/REPORTING WAS TASK TASK (Refer to Section II for a DA'T'E EFFECTIVE? detailed discussion of each task) IMPLEMENTED (If Applicable) COMMENTS . 4. :.:GEOLOGY:.A.Nll SOXLS Task 4.1 Geotechnical Criteria Task 4.2 SRVFPD Permit Task 4.3 Monitoring Grading Procedures Task 4.4 Grading Report Task 4.5 Preparation of Drainage Maintenance Plan Task 4.6 Cleaning of Drainage Facilities Task 4.7 Geologic Hazards Abatement District (GHAD) Task 4.8 Detailed Landslide Repair Plans Task 4.9 Monitoring of Landslide Repairs Task 4.10 Review of Creek Setbacks Task 4.11 Monitoring of Creek Setbacks Task 4.12 Revise Road Plan Task 4.13 Construct On-Site Road Improvements Task 4.14 Obtain Permit from SRVFPD 69 MASTER MITIGATION COMPLIANCE CHECKLIST MONITORING/REPORTING WAS TASK TASK (Refer to Section II for a DATE EFFEC'T'IVE? detailed discussion of each task) 1 IMPLEMENTED (If Applicable) COMMENTS W E1 Task 5.1 Annexation of the Project Site Task 5.2 Annexation to Central Sanitary and EBMUD Task 5.3 Size of Water Line 70 ' 71 MASTER MITIGATION COMPLIANCE CHECKLIST MONITORING/REPORTING WAS TASK TASK (Refer to Section II for a DATE EFFECTIVE? detailed discussion of each task) IMPLEMENTED (If.,�Iic�able) COMMENTS ..... ....... ..... . . ........ ......... .................. .. ... ....... ..... .... .... ............. TROTECT 0 ................ .. . .............. ... .... ............ . . ....... ..... ... .............. Task 7.1 Fair-Share Fee Determination Task 7.2 Payment of Fees Task 7.3 Creation of a Special Tax/Agreement with San Ramon 72 MASTER MITIGATION COMPLIANCE CHECKLIST MONITORING/REPORTING WAS TASK TASK (Refer to Section II for a DATE EFFECTIVE? detailed discussion of each task) 1 IMPLEMENTED (If Applicable) COMMENTS .... .......... DRAINA ................ Task 8.1 Detention Basin Plan Task 8.2 Construction of Detention Basin Task 8.3 Street Sweeping Program Task 8.4 Monitoring of Street Sweeping Task 8.5 Maintenance Responsibility Task 8.6 Reporting Requirements 73 MASTER MITIGATION COMPLIANCE CHECKLIST MONITORING/REPORTING WAS TASK TASK (Refer to Section II for a DATE EFFECTIVE? detailed discussion of each task) IMPLEMENTED (If Applicable) COMMENTS :. 40 PARKIAND /RECREATION:. OPEN:.:.. MANAGEMENT:....... Task 10.1 Revised Community Park Plan Task 10.2 Construct Community Park Task 10.3 Gift land to EBRPD Task 10.4 Construct Regional Trails Task 10.5 Construct Private Trails Task 10.6 Restrictive Covenant/Scenic Easement Task 10.7 Recordation of Restrictive Covenant/Scenic Easement Task 10.8 Submittal of Range Management Report Task 10.9 Designation of San Catanio Trail Easement Task 10.10 Dedication of San Catanio Trail Easement 74 MASTER MITIGATION COMPLIANCE CIIECKLIST MONITORING/REPORTING WAS TASK TASK (Refer to Section II for a DATE EFFECTIVE? detailed discussion of each task) IMPLEMENTED (If Applicable) COMMENTS 13. )?LAN I!;A TD;:AN MAL L Task 13.1 Tree Preservation Task 13.2 Licensed Arborist Task 13.3 Preparation of Informational Packet Task 13.4 Distribution of the Informational Packet 75 MASTER MITIGATION COMPLIANCE CHECKLIST MONITORING/REPORTING WAS TASK TASK (Refer to Section II for a DATE EFFECTIVE? detailed discussion of each task) IMPLEMENTED (If Applicable) COMMENTS 14NUTS . . Task 14.1 Sound Wall Design Task 14.2 Construct Sound Walls Task 14.3 Architectural Review of Noise Barrier Task 14.4 Coordination with San Ramon 76 MAS'T'ER MITIGATION COMPLIANCE CHECKLIST MONITORING/REPORTING WAS TASK TASK (Refer to Section II for a DATE EFFECTIVE? detailed discussion of each task) IMPLEMENTEll (If Applicable) COMMENTS 5 1 AGRICULTURAL I S Task 15.1 Sales Disclosure Statement Task 15.2 Informational Booklet Task 15.3 Distribution of Informational Booklet 77 MASTER MITIGATION COMPLIANCE CHECKLIST MONITORING/REPORTING WAS TASK TASK (Refer to Section II for a DATE EFFECTIVE? detailed discussion of each task) IMPLEMENTED (If Applicable) COMMENTS 16 WESTSfDE SPECIFIC:PLAN MITIGA IO . MEASiYIt1:S Task 16.1 Erosion Control Plan Task 16.2 Monitoring Erosion Control Measures Task 16.3 Construction Period Watering Task 16.4 Affordable Housing Fee Task 16.5 Cultural Resources 78 Attachment A CONDITIONS OF APPROVAL FOR WIEDEMANN RANCH RESIDENTIAL COMMUNITY, PRELIMINARY DEVELOPMENT PLAN #3005-91 AND VESTING TENTATIVE SUBDIVISION MAPS #7575 & #7578 DATED NOVEMBER 13, 1992 General 1. Exhibits. Development shall be based on the following submitted exhibits as modified by the conditions below: A. Vesting Tentative Map for Subdivisions #7575 and #7578 dated received November 13 , 1992 . This is also the Preliminary Development Plan. B. February 8, 1991 Harlan Tait Associates Geotechnical Feasibility Investigation. C. March 30, 1992 Harlan Tait Associates Landslide Repair Plans. D. August 27, 1991 Sugnet & Associates Biotic Resource Assessment and Habitat Mitigation Plan. E. July 30, 1992 Harlan Tait Associates Geotechnical Report for Subdivisions 7575 and 7578 . F. Project Hillside Protection and Development Guidelines dated September, 1992 . G. January 8 , 1992 letter from HCV Pacific Partners to San Ramon Valley Fire Protection District. H. Regional and Project Trails Agricultural Lots Open Space and Scenic Easement Map dated November 17 , 1992 . 2 . Number of Lots, Zoning, Phasing. This project is approved for a maximum of 371 lots plus the three agricultural lots. Approximately 462 acres shall be rezoned to Planned Unit District (P-1) encompassing the proposed residential development lots, perimeter and internal project common areas. The remainder of the property will remain in A-4 zoning. Phased final maps are hereby authorized but not required. 3 . Final Development Plan. Prior to commencement of grading activity or filing a final map, a final development plan application shall be submitted and approved. Final development plan approval shall focus on and be limited to final design issues to assure compliance with the approved conditions and mitigation measures for the preliminary ' development plan and tentative subdivision map. Final development plan shall include design level detail comparable to a final subdivision map and shall be approved by the San Ramon Valley Regional Planning commission prior to approval by the Board of Supervisors of the Final Subdivision Map. Planning Commission review of the final development plan shall be scheduled within sixty days from the date of submittal of the design level plans to the Community Development Department and Public Works Department. The submittal plans shall provide for: A. Plan Details. Final landscape plans, final grading plan, building envelopes (including building setbacks and separations, and roadway plans) . These plans shall demonstrate that visual, grading, vegetation and other impacts have been addressed consistent with the mitigation measures required of the project and as 1 provided for in the tentative subdivision map and exhibits identified in Condition #1. B. Design Guidelines. Final design guidelines enforceable by the County and concurrent submittal of architectural plans, site plan, fencing plan and landscape plan for two lots to demonstrate how the design guidelines are going to be implemented. C. Preliminary Detention Basin Plan. The basin shall be primarily designed for hydrologic and aesthetic purposes only, and possible passive and active recreation purposes. The plans shall provide for the following information: 1) Grading plans at 40 scale indicating location of existing trees and whether they are proposed to be saved or removed. 2) Design and location of perimeter fence unless the fence can be demonstrated not to be appropriate. 3) The basin shall be designed as much as possible to simulate natural creekside terrain and minimize removal of trees upstream from the street crossing, using curvilinear design and providing maximum use of native trees and shrubs and boulders (naturally indigenous if at all possible) at the edges. While striving for high aesthetics, the basin shall also be designed for low maintenance cost. The basin shall be designed to satisfy the County's regional detention basin standards. Prior to Planning Commission approval of the final development plan, basin plans shall be submitted to the Public Works Department for review for compliance with Title 9 of the Subdivision Ordinance and for compliance with the standards for County detention basins. Prior to recordation of the final subdivision map the developer, at its expense, shall cause to be formed a geologic hazards abatement district (GHAD) or other entity acceptable to the Public Works Department for the purpose of taking title to the basin, performing necessary maintenance work, and accepting and funding any liability from the basin, including passive recreational use thereof (see also Condition 15) . The Board of Supervisors shall not be the board for the GHAD. The formation proceedings shall specify and include a mechanism acceptable to the County for funding, and for indemnifying and holding harmless the County, its officers and employees against any liability resulting from the design, construction, use, operation or maintenance of the basin. In addition, prior to recordation of the final subdivision maps, the developer shall, at its expense, cause to be established annual assessments, or other funding mechanism acceptable to the Public Works Department, for the purpose of assuring the perpetual funding of necessary maintenance work to the basin. It shall be provided in the formation of the GHAD and CC&Rs for the project that the GHAD shall not be terminated unless the Contra Costa County Flood Control District approves the termination, and accepts the ongoing obligation to maintain and repair the basin and the Public Works Department approves an alternative funding mechanism for the other maintenance and repair obligations of the GHAD. Prior to Planning Commission approval of the final development plan, the form of entity and 2 specific funding mechanism shall be identified to the satisfaction of the Public Works Department. D. Creekside Restoration Plan. This plan shall address all areas where grade changes are required to protect against erosion and to enhance scenic qualities and wildlife values. E. Project Gateway Design. This plan shall show frontage improvements for Norris Canyon Road and its intersection with "A" Drive, including appropriate improvements as .recommended by the Public Works Department. The plans shall identify the required dedication area to accommodate the road widening. The gateway shall utilize special landscape. Special landscape treatment shall be proposed at the "A" Drive entrance. Existing trees shall be identified and whether they are proposed to be removed or saved. As few trees as possible shall be removed. The plans shall demonstrate adequate sight distance at the project intersection. F. Proiect Entrance Design. This plan shall be prepared for the area bounded by and including "S" Drive, "A" Drive, San Catanio Creek and the area of Lots 23-34 as shown on the proposed plans. The plans shall include preliminary landscape plans and indicate the location of existing trees. As few existing trees as possible shall be removed. G. Preliminary Norris Canyon Road Re-Alignment and Upgrade Plan. Prior to submittal of the final development plan for the project, the applicant shall provide directly or through an assessment district the Norris Canyon Road safety improvement and roadway redesign study and improvement plans for safety and planned improvements, subject to review and approval by the Public Works Department, which will identify the safety and other improvements needed on Norris Canyon Road to complete this traffic improvement. Final improvement plans and the final width of the right-of-way shall be determined at the final development plan. Because of the road's close proximity to the creek and the erosive nature of the creek, the improvement plans for this requirement shall be signed and stamped by a licensed geotechnical engineer. These plans shall indicate existing right-of-way location, intersecting property lines, City of San Ramon boundary line, existing roadbed and nearby topographic conditions and structures for the section of road between westerly the end of the road transitions needed at the project entrance and Bollinger Canyon Road. The preliminary plan shall indicate the improvements and right-of-way acquisition that would be needed to widen the roadway to a 34-foot width, with four-foot shoulders, to a design speed of 35 miles per hour or as otherwise acceptable to the Public Works Department, Road Engineering Division. Those improvements that are specifically needed to mitigate the safety impacts of this project shall be expressly identified (see also Condition 49. ) . The plans shall also identify the location of soundwalls (identified as mitigation in the Westside Specific Plan Program EIR and per Condition 41) which will be needed to mitigate the noise impact of this project. The design of the soundwall shall be based on an acoustical analysis prepared by a qualified professional based on the General 3 Plan projected traffic and planned widening of the roadway. A cross-section of the wall and any appropriate landscaping shall be included. The location of the wall relative to the road right-of-way and nearby structures and property lines shall be identified. The plans shall be accompanied by a detailed estimate of the cost of implementing the plans. Plans may be provided through an assessment district. A portion of the costs of preparing the plans shall be credited towards the project's South County Area of Benefit Fee. Creditable engineering costs and administration shall not exceed 12 .50 of the estimated project cost. H. Street Lighting Plan. This plan shall identify proposed street lighting plans for the project interior and the project entrance. Street lighting shall be provided at major intersections within the subdivision (at the two entrance points from Norris Canyon Road) . The plans shall indicate proposed placement of street lights, level of illumination, design of pole standards. Ornamental standards are encouraged for any necessary interior street lights. All street lighting shall utilize down- focused lights to minimize off-site glow. Prior to submittal to the Planning Commission, the Public Works Department, Engineering Services Division shall be provided an opportunity to review and comment on the plans. I. Fire Resistant Landscaping Program. Proposed plans for fire-resistant landscaping, including provision and maintenance of fire breaks, shall be submitted following opportunity for review by the San Ramon Valley Fire Protection District. J. Revised Community Park Plan. The proposed park plan shall be revised to include a tennis court with lights, basketball court, tot lot with functional (flat) lawn area, clubhouse and competition swimming pool. The plan shall specify the degree to which the facility satisfies the County code. In addition, a plan for recreation use of the detention basin area shall be submitted. Recreational uses within the detention basin shall be restricted to the Wiedemann Ranch homeowners association. No credit for the parkland dedication requirements shall be given for recreation facilities within the detention basin area. K. Water Tank Treatment. Pursuant to the Supplemental Environmental Impact Report, the Planning Commission shall review and approve plans for the water tanks. Sufficient information will be submitted to determine approximate tank dimension capacities, locations, architectural elevations, colors, landscape plans, grading and geotechnical reports for the Planning Commission's review and approval. The information shall demonstrate that the visual impacts of the water tanks are adequately mitigated. If it cannot be shown that the visual impacts of the tanks will be adequately mitigated, the tanks shall be buried. L. Additional Requirements for Residential Design Guidelines. Proposed subdivision landscape plans shall be prepared by a licensed landscape architect and shall be certified for compliance with the County Water Conservation Ordinance. Use of naturally indigenous trees and shrubs is encouraged. The applicant shall provide a suitable instrument guaranteeing to the County 4 the survival of the approved plantings for a period of at least 24 months following completion of planting. The plans shall demonstrate by design and selection of material compliance with Chapter 82-18 of the Zoning Code, "Sight Obstruction at Intersections". Prior to submittal to the Planning Commission, the Public Works Department, Road Engineering Division shall be provided an opportunity to review and comment on all landscape plans adjacent to roads and driveway intersections. M. Restrictive Covenant and Scenic Easement Instrument. A restrictive covenant and scenic easement instrument shall be recorded with the final map creating the agricultural .lots (Lots 168, 188 and 223) of Subdivision 7575 and recorded against the deeds to those properties. The restrictive covenant and scenic easement instrument shall incorporate a three-tiered approach in limiting usage of each lot to agricultural use and one single-family residence with accessory agricultural structures, as set forth more fully in Condition 21. The instrument shall offer. to dedicate development rights to the County on the three lots outside the development sites as set forth in Condition 21. The instrument shall be enforceable by both the County and the East Bay Regional Park District (EBRPD) . The form and content of the restrictive covenant and scenic easement shall be approved at the time of final development plan approval, along with a final regional and project trails, agricultural lots, open space, and scenic easement map (agricultural lots map) , consistent with and as set forth more fully in Conditions 4 and 25. 4 . Final Agricultural Lots Map. The final regional and project trails, agricultural lots, open space and scenic easement map (agricultural lots map) shall be substantially consistent with the plan set forth on the tentative agricultural lots map dated November 13 , 1992 , revised November 17 , 1992 . Public open space may be provided by gift; it is not required by this condition to be dedicated. The tentative agricultural lots map may be revised at the time of the final development plan after further consultation with and direction from the EBRPD. The regional trails shall be constructed in a manner approved by EBRPD and the private project trails shall be constructed by the applicant in a manner approved by the Zoning Administrator. To the extent reasonably feasible, the program for trail construction shall include the utilization of hand labor from the East Bay Conservation Corps or a similar work program. The final agricultural lots map may also include as an attachment a more detailed map showing proposed uses and footprints within the three development sites. If not provided as part of the final agricultural lots map at the time of final development plan approval, then a separate map showing uses and building footprints shall be subsequently approved by the Planning Commission for the development site of each agricultural lot prior to issuance of a building permit on that lot. Zoning Administrator approval of final design in each development site shall be required consistent with Condition 5. The above information shall be provided to the EBRPD upon application submittal to the County. 5. Zoning Administrator Review of Individual Lots. At least thirty (30) days prior to issuance of building permits, the property owner shall submit architectural plans, site plan, fencing plan, and landscape plan for each lot to the Zoning Administrator for review and approval for the following lots: 1) lots identified as potentially visible in Viewsheds #1, 2 , 3 and 4 on pages 2-46, 2-49, 2-53 , and 2-56 in the Final SEIR (Lots 25-82 , 160-167, 172-204 , 219-239 , 282-284 , 291-319 (some 5 of these lots are also those potentially visible from Bishop Ranch Open Space so that viewshed is addressed, too] ) ; 2) the lots in Subdivision 7578 (in order to address views of them from Norris Canyon Road (the higher lots above that are included within one of the other four viewsheds above] ) ; and 3) the development sites in each of the three agricultural lots. The purpose of such review is to confirm that the. individual home and building site have been designed to substantially mitigate visibility off-site and to be sensitive to the topography with minimal grading consistent with the design guidelines and mitigation measures for the project. The approved landscape plan shall identify those trees that are required to be planted to mitigate visibility of the home. The above information shall be provided to the City of San Ramon Planning Department at the time of application submittal to the County. 6. Limitations on Tree Removal. Trees planted as part of the reforestation program and in common areas, trees planted on an individual lot to mitigate visibility of the homes and trees that have been preserved on the project site shall not be removed unless an application by the Homeowners' Association Architectural Review Board is first approved by the Zoning Administrator following a public hearing. On any of the three agricultural lots, trees shall not be removed from the third tier scenic easement area unless an application by the owner is approved by the Zoning Administrator with simultaneous provision of the information to the EBRPD for their review and comment. In the second tier agricultural use area, trees may be removed only for purposes of routine land management (e.g. dead, fallen or diseased trees) , unless otherwise first approved by the Zoning Administrator. In the first tier development sites, tree removal shall be allowed only as provided for in the final design approval for the development site in each agricultural lot or as otherwise subsequently first approved by the Zoning Administrator. 7. Contingent Approval of Subdivisions. The approval of Subdivisions 7575 and 7578 is contingent on final approval by the Board of Supervisors of Rezoning File #2947-RZ and Preliminary Development Plan #3005-91. The requirements of the subdivision approval are subordinated to any modifications to the project rendered by the Board of Supervisors. Agricultural Preserve Contracts 8 . Contingent Precedent to Development. No final map may be recorded, nor non-agricultural development or grading activity may commence until the existing restrictions of the Agricultural Preserve Contract affecting the development area that has been rezoned P-1 has become null and void either by expiration or by cancellation action of the Board of Supervisors. Urban Service Reorganization 9. Boundary Reorganization Requirement. Urban service boundary reorganization shall be consummated through the Local Agency Formation Commission (LAFCO) . Prior to filing a final map or issuance of grading permits, evidence shall be submitted to the Zoning Administrator that the approximate 482 acre development site consisting of residential lots, internal and perimeter project common area has been annexed to the Central Sanitary District and the East Bay Municipal Utilities District (EBMUD) verifying adequate water supply consistent with adequate Water Policy Implementation Measure 7-i on pages 7-16 of the General Plan. The area of Lots 168, 188 , and 223 (the agricultural lots) of Subdivision 7575 shall not be included in any utility annexation. See also Advisory Note L. 6 Geotechnical 10. As-Graded Mab. Prior to issuance of building permits on parcels of this subdivision, submit as-graded reports of the engineering geologist and the geotechnical engineer to Community Development and Building Inspection Departments with an as-graded map showing final plan and grades. The map shall identify all encountered faults, aquifers, and stratigraphic (bedrock) units; zones of highly jointed and/or deeply weathered rock; orientation of bedding and/or other discontinuities, and the location of any seepage, fill keyways, and subdrainage material with cleanouts, outlets, and pickup points; buttress fills with keyway location, any retaining walls installed, subdrains and their connections, and other soil improvements installed during grading, all as surveyed and mapped by a licensed land surveyor or civil engineer. 11. Grading Bond. A grading bond is required for the work necessary to carry out the grading plan and Final Development Plan. Provide sufficient information to estimate the cost of required soil improvements, or a contractor's estimate. 12 . Recorded Geotechnical Statement. Record a statement to run with deeds to parcels of the property acknowledging the geotechnical reports by titles, author (firm) , and dates, calling attention to recommendations, and noting that the report is available to prospective buyers from the owner. 13 . Final Geotechnical Review. In accord with the Supplemental Environmental Impact Report for the Wiedemann Ranch Residential Community Project, the applicant shall adhere to the following requirements: A. Prior to final development plan approval geotechnical criteria for the project shall be submitted for the review and approval by the Zoning Administrator. B. If explosives are necessary to aid grading activities, a special permit shall be obtained from the San Ramon Valley Fire Protection District (SRVFPD) . Landslide Repair/Maintenance 14 . Detailed Landslide Repair Plans. Prior to final development plan approval, submit detailed landslide repair plans identifying specific landslide repair techniques for each landslide on the project site as identified in the Landslide Repair Plans prepared by Harlan Tait Associates to Community Development and Building Inspection Departments for review and approval. Pursuant to the Supplemental Environmental Impact Report, landslide repair techniques for landslides #4 , #5, #15, #16, #19 , #46 and #58 shall not be "remove and replace" but other suitable methods which avoid impacting creek areas. 15. GHAD Formation. Pursuant to the Supplemental Environmental Impact Report, and prior to filing of the first phased final subdivision map, a geologic hazards abatement district (GHAD) shall be formed of the project property owners to finance the maintenance of slopes, drainage terraces, subdrains and detention basin prior to the filing of the first final map (see also Condition 3 .C. (3) ) . The three agricultural lots shall be included in the GHAD. Any private land that may be deeded to EBRPD shall not be included in the GHAD. The three agricultural lots shall not be responsible for maintenance or repair in the P-1 project area. All lot owners shall be responsible, on a pro rata basis, for the cost of necessary repairs to the three agricultural lots where GHAD-related activities impact the P-1 project area or adjacent public lands. The cost of other repairs and routine maintenance 7 shall be the responsibility of the individual agricultural lot owner. A covenant shall be included in the CC&Rs for the properties that precludes dissolving the GRAD without first obtaining approval from the Board of Supervisors and without first having maintenance of the detention basin accepted by the Contra Costa County Flood Control District. Public lands shall not be included in the GHAD. Holders of public easements located inside the GHAD shall have no responsibility under the GRAD. The GHAD shall otherwise be consistent with the restrictions imposed through Condition 40. Grading/Tree Preservation Plan 16. Grading/Tree Preservation Plan Submittal Requirements. Submit a grading/tree preservation plan prior to final development plan approval providing for: A. Tree Survey. The plan shall identify all trees with a trunk circumference of 20 inches or greater with trunks within 40-feet of areas proposed for grading. Reasonable efforts shall be made to minimize the loss of or potential damage to existing trees. The . plans shall identify the trunk circumference, approximate canopy area, species, and whether the tree is to be preserved or removed. The plan shall be prepared with the assistance of a licensed arborist. The plan shall provide suitable measures to assure protection of trees during the construction period. The survey of trees shall provide for a tally of the number and trunk circumference of trees to be removed. The aggregate trunk circumferences of trees proposed for removal shall be totalled. Also see heritage tree nomination requirement below. B. Cut and Fill Slopes. Drainage terraces for cut and fill slopes shall be spaced per grading code requirements. All cut or fill slopes greater than 30 vertical feet in height shall be contour-rounded. C. Botanical Proiect. The grading shall provide for balanced cut and fill on-site (i.e. , no import or export of fill material) . D. Surface Runoff Requirements. To reduce long-term erosion and sedimentation impacts on downstream water quality, grading plans shall be designed such that no surface run- off shall be directed onto cut or fill slopes. All graded slopes shall have either brow ditches or berms at the crest to control surface run-off. These drainage structures shall be underlain by subdrains. Run-off from graded surfaces shall be intercepted by closed conduits and conveyed to adequate storm drainage facilities. E. Retaining Wall Details. A sample section and color of proposed retaining walls shall be submitted with the Final Development Plan application. F. Tree Replacement Program. The grading/tree preservation plan shall provide for a tree replacement program and plan in accord with the proposed reforestation program. The plan shall require replacement of trees in accord with the applicant's program. The plan shall be accompanied by an estimate of the cost of materials and labor to complete the work. The approved plan shall be installed with the phases of the subdivision infrastruc- ture and grading. The applicant shall be responsible for protecting the trees for a period of 36 months after planting. Ninety days after planting, a landscaped 8 architect shall inspect the plantings and prepare a report to the Zoning Administrator on the condition of the new trees. Any failing trees shall be replaced. A bond shall be required in order to assure compliance with this tree planting requirement. Reforestation trees shall be planted by hand. The reforestation program, including the monitoring and maintenance program for at least five years consistent with Condition 17, shall be approved by the Zoning Administrator. The program shall include provisions to utilize the East Bay Conservation Corps or a similar work program to complete and initially maintain the reforestation program, unless the applicant demonstrates that including such a work program is not reasonably feasible. G. Erosion Control Plan. A construction period erosion control plan shall be submitted. H. Haul Routes. To avoid.unnecessary scarring of hillsides, haul routes for grading activity shall be generally limited to those areas of the site which are proposed to be graded. Hauling of material through the approved scenic easement shall be precluded. The grading/tree preservation plan shall provide delineation of the perimeter of areas and trees to be preserved by use of taping and stakes, or other appropriate barriers. These barriers shall be installed prior to commencement of grading activity. I. Tree Preservation Bonding Program. To assure protection and/or reasonable replacement of exiting trees to be preserved which are in proximity to subdivision improvements, the applicant shall post a bond (or other surety) for the required work with the Community Development Department. The term of the bond shall extend at least 3.6 months beyond the completion of required subdivision improvements. Prior to posting the bond, a licensed arborist shall assess the value of the trees and reasonable compensatory terms in the event that a tree to be preserved is destroyed or otherwise damaged by subdivision-related activity. The tree bonding program shall be subject to the review and approval of the Zoning Administrator. 17. Tree Preservation Measures. In accordance with the Supplemental Environmental Impact Report, the project applicant shall adhere to the following requirements: A. Limits on Heavy Equipment. Heavy equipment shall be restricted to the minimum area suitable for equipment operation. B. Protection From Grading. Tree trunks adjacent to construction areas shall be protected by fencing or other barriers to avoid physical damage. Protection shall extend outside drip lines to prevent trunk and limb damage and soil compaction. C. Tree Thinning. Trees where roots are covered with impervious surfaces, or roots removed, shall be thinned to compensate for loss of function. D. Arborist. A licensed arborist shall monitor construction activities as required. I 9 E. Tree Replacement Ratio. Replacement of all impacted woodland habitat in a ratio of 3 acres to every acre impacted. F. Initial Planting Requirements. Initial planting shall be higher than necessary to account for a 10% annual mortality rate (see Biotic Resource Assessment and Habitat Mitigation Plan) . G. Reforestation Monitoring. All reforestation areas shall be monitored for at least five years for mortality, vigor, height and canopy diameter. Vigor shall be based upon qualitative comparison of foliage density, leaf color and turgor, and stem caliber found in like species in adjacent native habitat. H. Tree Survival Rate. A 90% annual survival rate shall be met during the initial 5-year monitoring period. Any mortality above this rate shall be replanted. I. Planting and Irrigation Requirements. Saplings and rooted acorns shall be planted in irregular spacings and watered with a drip irrigation system. Irrigation shall continue for a minimum of three growing seasons. Erosion Control Measures 18. Erosion Control Plan Requirements. Prior to final devleopment plan approval, the project applicant shall submit to the Community Development and Building Inspection Departments an erosion control plan for the review and approval of the Zoning Administrator. The construction stage erosion control plan shall provide for the following measures: A. Grading Season. All grading, excavation and filling shall be conducted during the dry season (April 15th through October 15th) only, and all areas of exposed soils shall be replanted to minimize erosion and subsequent sedimentation. Any modification to the above schedule will be subject to review by the Grading Section of the Building Inspection Department. B. Revegetation/Erosion Control Plan. Prior to final development plan approval, a revegetation/erosion control plan shall be prepared. The plan shall emphasize use of drought tolerant native species that are adaptive to conditions on the project site. The plan shall provide that all disturbed areas be hydromulched with a mixture of 90% annual grass/10% wildflower per the Biotic Resource Assessment and Habitat Mitigation Plan by October 15th of each construction season or as determined appropriate by the grading section of the Building Inspection Department. The revegetation/erosion control plan shall be reviewed and approved by the Grading Section of the Building Inspection Department. C. Temporary Erosion Control Measures. The erosion control plan shall show the location of proposed temporary detention basins, silt fences and straw bales. It shall also contain provisions for: 1) Performing maintenance during the winter rainy season, as necessary. 2) Regular inspections by the project engineer during the winter rainy season. 3) Spot inspection during/immediately following severe storms. 10 I Fencing Plan 19. Private Fencing. Privacy fencing shall be allowed only along the side property lines of each lot where adjacent structures are within the Development Area defined on each lot. Privacy fencing shall consist of 1 x 6 boards attached to a 2 x 6 cap and a 1 x 4 .trim supported by 4 x 6 posts on six-foot centers. Privacy fencing shall be no higher than six feet. Privacy fencing standards shall be included in the project design guidelines. 20. Perimeter Fencing. The perimeter of the development area and Private Open Space Areas of each lot shall be either: unfenced or restricted to deer fencing. Deer fencing shall consist of a 2" x 4" welded wire black fabric. Deer fencing shall be six feet high supported by 4 x 4 wood posts on eight-foot centers. Fencing standards shall be included in the project design guidelines. Open Space and Heritage Tree Nomination 21. Restrictive Covenant and Scenic Easement Instrument. The applicant shall submit for review and approval by the Planning Commission with the final development plan application, a proposed restrictive covenant and scenic easement instrument describing the uses and development limitations on agricultural lots (Lots 168 , 188 and 223 of Subdivision 7575) . The restrictive covenant and scenic easement instrument shall include a provision that written approval from the EBRPD shall be required prior to any future subdivision of these parcels or changes or amendments in the restrictive covenant and scenic easement instrument and that it is specifically enforceable by the EBRPD as a third party beneficiary. The instrument shall be based on the following: A. First Tier. In the first tier development sites: (1) A limit of one residence along with ancillary and agricultural structures (e.g. , detached garage, guest house, barn, winery, stables) on each lot. The development sites for these structures shall be restricted to the specific three areas identified on the final agricultural lots map. No structure shall be allowed outside the development sites and development inside the development sites shall be reviewed and approved, consistent with Conditions 4, 5 and 21, by the Planning Commission and Zoning Administrator, with provision of the information to the EBRPD upon application submittal to the County. (2) Agricultural and related uses, such as livestock production, orchards and vineyards, pasturing of horses or other livestock, and open space land, trails and fire protection management. (3) Livestock grazing and open space land, trails and fire protection management. B. Second Tier. In the second tier agricultural use areas, only the use set forth in A(2) above shall be allowed. C. Third Tier. In the third tier scenic easement area, only the uses set forth in A(3) shall be allowed. The three tiers shall be clearly depicted on the final agricultural lots map which shall be recorded along with the restrictive covenant and scenic easement instrument. 11 22 . Parcel "D" Mercier. Parcel "D" as shown on the Tentative Map of Subdivision 7575 shall be merged with Lot 192 . 23 . Heritage Tree Designation. Concurrent with the final development plan application, the applicant shall apply to the County for heritage tree designation for trees to be preserved on the property pursuant to Section 816-4 . 404 of the Zoning Code. The submittal shall include a nomination request for tree groves in the approved common open space area and other significant trees; and shall be accompanied by the grading/tree preservation plan and tree replacement program approved by the Zoning Administrator. The submittal shall by prepared by a licensed arborist and , shall provide detailed information on trees with trunks within 40 feet of proposed grading or other development. The survey shall include information on trunk circumference, tree species, and canopy of individual trees. The nomination proposal shall provide for a suitable marking of designated heritage trees. The number of trees designated for heritage status may be increased or diminished from those nominated by the applicant. The submittal shall include a proposed notice, upon Board of Supervisors designation action, to be used to inform prospective buyers of the heritage tree program, and the process that must be followed in order to remove or otherwise damage a tree. 24 . Limitation on Tree Removal. No trees shall be removed from any of the property prior to approval of the grading/tree preservation plan without the prior approval of the Zoning Administrator. Regional Trail Dedication 25. Final Regional Trail Alignment; Funding for Maintenance. The final regional trail alignment as set forth on the final agricultural map shall be determined at the time of final development plan approval (see also Condition 4) . The alignment provided for in the tentative agricultural lots map may be modified following additional review and input by the EBRPD. All offers of dedication shall be made to the EBRPD prior to approval of the first phased final subdivision map in the project. For regional trail and emergency vehicle and maintenance access (EVMA) alignments inside private property, trail and EVMA easements shall be offered for dedication to the EBRPD, or if it does not accept the alignment, then offered to the County. Other easements on or across public land or trails may be authorized and their terms defined at the final development plan and final agricultural lots map approval. The applicant shall be responsible for making regional trail and EVMA improvements (on Lot 168 , the applicants responsibility for EVMA improvements is limited to the alignment east on the access road to the development site) in the manner and design approved by EBRPD and dedicating them by the time the last residential building permit for each phased subdivision is approved, unless EBRPD otherwise agrees to extend the time for trail construction and/or acceptance. A landscaping and lighting district, or another funding mechanism acceptable to the County, with--input from EBRPD, shall be provided whereby the property owners in the project (not including the owners of the three agricultural lots) shall be responsible for financing the cost of maintaining any public open space within the project site, including the regional trails. Actual maintenance of their lands and easements will be provided by the EBRPD. 12 26. Regional Trail to Wiedemann Hill. The regional trail only from "A" Drive to the top of Wiedemann Hill shall be via an all-weather surface (i.e. , the existing gravel road) to provide access for pedestrians. An easement shall be offered for dedication to the EBRPD. If the EBRPD does not accept it, then it shall be offered to the County. If it does not accept it, then it shall be maintained as a project trail available to the public for such pedestrian access. Trail improvements shall be constructed by the applicant and maintained consistent with Condition 25. Due to safety consideration, vehicle access shall be restricted to service vehicles related to communication site activities, emergency vehicles, and owners of the agricultural lot. 27 . Norris Canyon Trail. As part of the final development plan application, the applicant shall prepare a proposed trail easement for a trail running parallel to Norris Canyon Road. The applicant shall provide the Public Works Department, Road Engineering Section and City of San Ramon Planning Director and City Engineer an opportunity to review and comment on the plans. Prior to filing a final map, the applicant shall make an offer of dedication of the approved trail easement. The applicant shall have the option of withdrawing the offer of dedication of the trail easement if the County and/or City has not constructed the trail improvements within 10 years from the issuance of the final map for the final phase of the subdivision. Ownership of easement would revert to the Homeowner's Association. Project common Facilities and Landscaping 28 . Detailed Common Facilities Plans. As part of the final development plan application, the applicant shall submit detailed development plans for any common facilities located within that particular map phase for the review and approval by the Planning Commission. All approved facilities shall be completed prior to issuance of building permits within the phase in which the common facilities are located. 29 . Detailed Common Facilities Landscape Plans. Landscape plans for all common areas shall be prepared by a licensed landscape architect. Plans shall be certified for compliance with the Water Conservation in New Developments Ordinance (No. 90-59) . Proposed shrubs shall be a minimum 5-gallons in size; proposed trees shall be a minimum 15-gallons in size. Prior to approval, the East Bay Municipal Utility District and Public Works Department, Road Engineering Section, shall be provided an opportunity to review and comment on the plans. Landscaping shall be designed so as to minimize landscape maintenance costs. Approved common area landscaping shall be installed prior to occupancy of units for each phase of the subdivision. Revised Design Guidelines 30. Final Design Guidelines. The proposed design guidelines shall be revised to provide for the following: A. Deed Restriction. Design restrictions shall be made enforceable by the County. B. Garages. The minimum setback from the road right-of- way for front-entry garages shall be 18 feet; side-entry garages shall observe a minimum setback of 12 feet. Any proposed placement of garages within the specified setback areas shall be considered on a case-by-case basis and only where it can be documented that no adverse sight-distance problems will result (e.g. , end of cul- de-sacs) . All garage doors shall be designed as automatic sectional doors. 13 C. Minimum Lot Gradient. All lots shall have a minimum gradient of 1. 5% to ensure proper drainage. All paved surfaces shall have a minimum of 1% gradient. D. Lot Areas. Each lot shall be divided into three areas as follows: 1) Building Area: Shall be the area on each lot within which the primary residential structure and accessory structures can be constructed. This would include attached garages. The building area shall also include the primary parking area , fences and irrigated landscaped areas on each lot. 2) Controlled Development Area: Shall be the area within which ancillary structures such as pools, gardens and in some case detached garages can be constructed. Fire control measures shall be enforced within this area. 3) Private Open Space Area: Shall be the portion of each lot within which no development can occur. The development envelopes shall be established prior to issuance of building permits and submitted to Community Development and Building Inspection Departments. E. Lot Setbacks. Front yard setbacks of 25 feet, sideyard setbacks of 15 feet, and backyard setbacks of 25 feet should be maintained wherever possible. However, exceptions from the setback standards may be appropriate due to site constraints and for lots along the south side of "A" Drive in the vicinity of the cross valley ridge to reduce off-site visual impact. F. Creek Setbacks. A 100-foot setback from creeks shall be maintained by all abutting structures measured from the centerline of the creek. Scenic easements may be recorded where appropriate to ensure limitations on development. The scenic easement shall not take the place of development rights deeded to the County as required by Section 914-14 . 012, "Structures Setback Lines for Unimproved Earth Channels. " G. Individual Lot Grading. Individual lot grading shall employ contour grading concepts. Approval by the Building Inspection Department shall include grading permit requirements. H. 3 : 1 Slopes. All grades or non-structural slopes shall be 3 : 1 or flatter unless supported by geotechnical engineering reports. I. Foundation Design. Buildings shall be designed to work with the existing topography of the site. Split pads, stepped footings, pier and grade beam foundations shall be employed to fit each structure to the slope of each lot. J. Roof Forms and Lines. Roof forms and roof lines shall be designed to break up the mass of the roof. Irregular roof lines shall be utilized to avoid long, linear unbroken roof lines. K. Visual _ Design Restrictions. Large gabled ends on downhill elevations, overhanging stilted decks, large walls in single planes and retaining walls should be 14 avoided. Retaining walls should be broken into smaller components. and terraces where feasible. L. Maximum Building Heights. Maximum building heights shall be 35 feet. Height of the houses along the south side of "A" Drive shall be subject to the review and approval of the Zoning Administrator. M. Exterior Colors and Materials. Building colors shall be earthtones. Bright colors (reds, blues and greens) shall be avoided. Exterior wall and roof colors and materials shall utilize medium-to-dark earth-tone colors, defined as less than 50% light reflectance. A licensed architect shall certify submitted elevations for compliance with this requirement. Exterior walls shall be of wood siding, wood shingles, brick or masonry, natural colored cement plaster, or other similar natural texture and colors. Roofs shall be flat concrete shingles, clay tile (earthtones only) or other suitable roofing material of earthtone colors. N. Architectural Review Board. In accord ,with. the proposed CC&Rs-, an internal Architectural Review Board shall be created to review and approve plans in accordance with the residential design guidelines prior to submittal of plans to Community Development and Building Inspection Departments. O. Desitin Restrictions Near Cross-Valley Ridge. Lots along "A" Drive in the vicinity of the cross-valley ridge (Lots 25-58 and 172-183) shall be subject to architectural review by the Zoning Administrator pursuant to the requirements of this condition and the Supplemental Environmental Impact Report which identified the following restrictions on these lots. 1) Possible reduction of structure height to reduce visual impacts shall be subject to approval of the Zoning Administrator. 2) Variable sideyard setbacks to reduce massing. 3) Reduced front yard setbacks from the minimum 25 feet. 4) Additional landscape requirements for backyards. 5) Muted roof colors. Maximum structure height, minimum sideyard setbacks and minimum front yard setbacks shall be determined as part of the final development plan approval. P. Minimum R-15 and R-20 Standards. Front yard, side yard and rear yard setback standards as defined in the project design guidelines shall apply (consistent or greater than R-20 standards) . Where the project design guidelines are silent, the development provisions of the R-15 Single Family Residential District (for lots from 15 , 000 to 19, 999 square feet) , and R-20 Single Family Residential (for lots 20, 000 square feet or greater) shall apply. Fire 31. Fire Safety Development Requirements. Pursuant to the Supplemental Environmental Impact Report, the project shall adhere to the following requirements: A. Street Gradients. Street gradients shall not exceed 20% and rough asphalt or grooved pavement used in areas where 15 road gradients would exceed 150, subject to the review and approval of the Public Works Department. B. Fire Protection Management Program. The San Ramon Valley Fire Protection District's (SRVFPD) weed abatement criteria shall be incorporated into the subdivision's Covenants, Conditions and Restrictions (CC&Rs) and project design guidelines to provide a fire protection management program (see also Condition 37) , and in the management requirements for the three agricultural lots as part of the approved range management plan which will incorporate fire management. EBRPD shall be consulted in regard to the appropriate fire protection management program. C. SRVFPD Review Prior to Building Permits. Building permits shall be submitted to the SRVFPD for review prior to being issued. D. Buffer Zone Fire Break. The buffer zone around the development area shall be maintained as a fire break in accordance with SRVFPD standards. E. Roofing Materials. All roofing materials shall be class A, B or better. F. Automatic Sprinkler Systems. All residences shall be equipped with automatic fire extinguishing sprinkler systems. G. SRVFPD Review Prior to Final Subdivision Map. Fire hydrant locations, vehicle turnarounds, temporary access roads, driveway accesses, and smoke detectors plans shall be submitted to the SRVFPD for review and approval prior to filing a final subdivision map. 32 . Second Access Road. A second access road extending from "T" Court south in Subdivision 7575 shall be provided. In addition, a second 2-lane bridge shall be constructed from "T" Court north in Subdivision 7578 to Norris Canyon Road. This second access route shall be constructed to public road standards consisting of 24 feet of pavement, measured curb- to-curb with no parking allowed on either side. In addition, an emergency access gate shall be installed on the second access road between the subdivisions to limit usage to only the Fire District. The San Ramon Valley Fire Protection District shall provide specifications for the gate. Public Protection 33 . Facility Standard Fee. In accordance with the Supplemental Environmental Impact Report, the project applicant shall pay a facility standard fee, if appropriate, (equal to the costs of constructing 155 square feet of department facilities per 1, 000 residents) as determined by the Contra Costa County Sheriffs Department. The fee shall be paid with the issuance of individual building permits. 34 . Funding for Augmented Police Services. With the recordation of a final map, the owner shall participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the lots created by this subdivision approval. The tax shall be the per parcel annual amount (with appropriate future Consumer Price Index adjustment) then established at the time of voting by the Board of Supervisors. The election to provide for the tax shall be completed prior to the filing of the Final Map. The property owner shall be responsible for paying the cost of holding the election, payable at the time that the election is requested by the owner. 16 Alternatively, the applicant may provide evidence that he has entered into an agreement with the City of San Ramon for supplemental police services to serve the project. Transportation Demand Management Program 35. TDM Program. At least 30 days prior to filing a Final Map, the applicant shall submit two copies of a Transportation Demand Management (TDM) Program in accord with the requirements of Ordinance No. 92-31. The applicant should contact the County TDM coordinator in the Community Development Department at 646-2131 regarding any questions on the program requirements. Child Care Ordinance 36. Child Care Program. At least 60 days prior to recording a final map, the applicant shall submit a demand study for child care facilities generated from the future project residents and an appropriate response program in accord with Ordinance 88-1, the Child Care Ordinance. The demand study and response program shall be subject to the review and approval of the Zoning Administrator. Prior to recording the final map, the applicant shall submit evidence that he has complied with whatever program requirements have been imposed. Covenants, Conditions and Restrictions (CC&R' s) 37 . CC&Rs Review and Approval. Prior to final development plan approval, a copy of the project's Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the Community Development Department for review and approval. A copy of the proposed CC&Rs shall be provided to the EBRPD upon submittal to the County. The document shall provide for maintenance of common open space, fire break protections, and maintenance of any internal, private roads. The document shall reference the approved residential design guidelines, slope and drainage improvements maintenance plan and fencing plan program. In accord with the County Child Care Ordinance, the CC&Rs shall indicate that a child care facility may be located at any residential unit, or lot, consistent with the existing laws. Drainage Crossings 38 . Design of Crossing Structures. Drainage crossing structures shall be designed in accordance with the Biotic Resource Assessment and Habitat Mitigation Plan. Prior to filing a final map, final drainage crossing plans shall be submitted to the Public Works Department for review and approval. Aquatic Habitat Plan 39. 3 : 1 Replacement Ratio. All impacted wetlands and "waters of the United States" shall be replaced in a ratio of 3 acres for every 1 acre impacted. 40. Additional Permits. Prior to the issuance of a grading permit, the project applicant shall secure all necessary permits and agreements from the U. S. Army Corps of Engineers and California Department of Fish and Game. Copies of the permits from these agencies shall be provided to the Zoning Administrator Noise 41. Sound Walls. The applicant shall install sound walls where needed with the Norris Canyon Road improvements, as determined 17 by the County to address sound impacts of current existing traffic plus this project. Agricultural 42 . Agricultural Proximity Sales Disclosure Statement. The project applicant shall include a sales disclosure statement with each lot stating that they are in close proximity to existing agricultural activities (including agricultural activities on Bishop Ranch Regional Open Space) which may result in nuisance and hazards. 43 . Agricultural Activities Informational Booklet. Prior to the issuance of building permits for the project, the project applicant shall submit to the Community Development Department for review and approval an informational booklet to be distributed to project residents upon purchase describing the adjacent agricultural activities, potential hazards and ways for residents to minimize potential hazards. Construction Period Restrictions 44 . Time Limits on Construction Activity. Noise generating construction activity (including playing of loud radios or music) 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 of the Zoning Administrator. 45. Recyclable Construction Materials. The applicant shall provide for the separation of recyclable construction material, such as wood waste and inert solids, at the construction site. Provisions for the separation of recyclables shall be consistent with the County Source Reduction and Recycling Element. Any questions on satisfying this requirement should be directed to the County Recycling Specialist in the Community Development Department at 646-4198. 46. Notice of Construction Work Commencement. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owner of property within 300 feet of the exterior boundary and to the homeowner associations of nearby residential projects, that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for noise and litter control, tree protection, construction' traffic and vehicles, erosion control, and 24-hour emergency number, shall be expressly identified in the notice. The notice shall be reissued with each phase of major grading and construction activity. Copies of the notice shall be concurrently transmitted to the Community Development Department. The notice shall be accompanied by a list of the names and addresses of the parties noticed, and a map identifying the area noticed. 47 . Dust Control/Reclaimed Water. The project shall comply with the dust control requirements of the Grading Ordinance including provisions pertaining to water conservation. Reclaimed water shall be used for dust control unless determined to be infeasible by the Zoning Administrator. 18 48 . Archaeological Resource Requirements. Comply with the following archaeological resource requirements: A. Notification if Significant Cultural Materials Located. If any significant cultural materials such as artifacts, human burials, or the like are encountered during construction operations, such operations shall cease within 10 feet of the find, the Community Development Department shall be notified within 24-hours and a qualified archaeologist contacted and retained for further recommendations. Significant cultural materials include, but are not limited to, aboriginal human remains, chipped stone, groundstone, shell and bone artifacts, concentrations of fire cracked rock, ash, charcoal, shell, bone, and historic features such as privies or building foundations. B. Mitigation of Cultural Resources. Appropriate mitigation of the cultural resources may include monitoring of further construction and/or systematic excavation of the resources. Any artifacts or samples collected as part of the initial discovery, monitoring or -mitigation phases shall be properly conserved, catalogued, analyzed, evaluated and curated along with associated documentation in a professional manner consistent with current archaeological standards. Road, Utility and Drainage Requirements 49. Compliance Requirements. Comply with the following road, utility and drainage requirements: A. Conformance with Title 9 ; Exceptions. 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. Conformance with the Ordinance includes the following requirements: 1) Construct road improvements along Norris Canyon Road based on a 35 mile per hour design speed, 34-foot road width with bike lanes and 4-foot all weather shoulders. The road improvements shall provide left turn channelization at the project entrances in accordance with Caltrans standards subject to the review of the Public Works Department, Road Engineering Division, and the review and approval of the Zoning Administrator. The applicant's Norris Canyon Road frontage improvements shall not be credited toward the Countywide Area of Benefit obligation. Design exceptions shall be evaluated' on a case by case basis by the Public Works Department at the time of final development plan approval. This condition does not imply that exceptions shall be made. 2) Install safety street lighting and annex the property to County Service Area L-100 for maintenance of the street lights. Lighting shall be located only at the project entry intersections with Norris Canyon Road, at the intersection of "A" Drive with "S" Drive, at the intersection of "A" Drive with itself, at the intersection of "A" Drive with "B" Drive, and the intersection of "A" Drive with "K" Drive. 3) Construct a paved hammerhead turnaround at the end of the proposed private road/common driveways. 19 4) Underground all subdivision utility distribution facilities, including those existing on the Norris Canyon Road frontage. 5) Convey 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 the detention basin facility which conveys the storm waters to a natural watercourse. 6) Design and construct storm drainage facilities required by the Ordinance in compliance with specifications outlined in Division 914 of the Ordinance and in compliance with design standards of the Public Works Department. 7) Install, within a dedicated drainage easement, any portion of the drainage system which conveys run- off from public streets. 8) Relinquish "development rights, " or convey other instrument acceptable to the Public Works Director, over that portion of the site that is within the structure setback area of the creek. The structure setback area shall be determined by using the criteria outlined in Chapter 914-14 , "Right of Way and Setbacks" of the Subdivision Ordinance. Due to the nature of the creeks in this area the structural setback may be determined from a soils report. The applicant shall submit the soils geological and geotechnical report for review by the Public Works Department, Flood Control Division, showing slope stability, a proposed structural setback line, and construction methods for buildings to be located on the adjacent slope. The structure setback line shall be shown accurately on the final development plan and the Final Maps. The instrument dedicating development rights shall provide that the individual homeowners may apply to the Public Works Department to place accessory structures within the setback line (e.g. gazebos) , subject to the review and approval of the Department. 9) Submit improvement plans prepared by a registered civil engineer, payment of review and inspection fees, and security for all improvements required by the Ordinance Code or the conditions of approval for this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the Public Works Department. 10) Submit phased final subdivision maps or one final map prepared by a registered civil engineer or licensed land surveyor. 11) Exceptions to public road standards consistent with the revised standards set forth in Condition 49 . I . are hereby allowed. B. Norris Canyon Road Improvements • Time of Construction. The applicant shall improve the offsite portion of Norris Canyon Road from the westerly conform back to the existing Norris Canyon Road roadway to Bollinger Canyon Road to a 34-foot wide roadway within an adequate right of way and with necessary slope easements. The improvements shall include bike lanes and four-foot all weather rock shoulders along with safety improvements, capacity improvements, and necessary reconstruction. The 20 improvements shall be designed for a design speed of 35 miles per hour, or, as approved by the Public Works Department, Road Engineering Division. The applicant shall be required to construct any necessary safety improvements prior to construction of any major public or private facilities (except on-site balanced grading operations) . and prior to issuance of building permits in these two subdivisions, unless otherwise approved by the Public Works Department. The safety improvements shall include provision of adequate horizontal clearance, widening to allow trucks to make the tight turns, and provision of adequate all-weather shoulders. Prior to issuance of the 150th building permit for the two combined subdivisions, the applicant shall construct capacity improvements along the offsite portion of Norris Canyon Road. The capacity improvements shall include widening Norris Canyon Road to its 34-foot road width with bike lanes and 4-foot all weather shoulders. The applicant shall be responsible for obtaining on-site and off-site rights of way, slope easements and other land rights for the improvements required at each phase of this development. C. Signal at Norris Canyon Road and Bollinger Canyon Road. Install the traffic signal at the Norris Canyon Road/Bollinger Canyon Road intersection, if it is warranted based on existing traffic plus approved projects plus this project at the time of filing of the first final map. If the signal is not warranted, the applicant shall contribute its fair share towards the construction of the signal at a later date. D. Credit Toward South County Area of Benefit. The cost of construction of the off-site improvements listed in Condition 49 .B. and 49 .C. will be credited toward the fee payable to the South County subarea of the Countywide Area of Benefit which shall be calculated at $5276 per unit. E. Intent of Off-Site Conditions. The intent of these Conditions is to require the applicant to construct the improvements, or to pay a fair share toward their construction, identified in the Final Supplemental Environmental Impact Report as traffic mitigation measures along with the Norris Canyon Road sound barrier. F. Norris Canyon Road Frontage Dedication. Convey to the County, by Offer of Dedication, 42 feet of half-width right-of-way from the centerline of the alignment along the Subdivision 7578 frontage abutting Norris Canyon Road, plus any necessary slope easements along the frontage. G. Sight Distance Requirements. Provide for adequate sight distance at the project access intersection with Norris Canyon Road for a design speed of 35 miles per hour and all on-site intersections for a design speed of 25 miles per hour in accordance with CALTRANS standards. This applies to the intersection of "S" Drive and "A" Drive, "A" Loop intersection with itself and "A" Loop with "B" Drive. Site distance for remaining intersections shall be reviewed and approved at final development plan. Convey to the County a sight distance easement across those parcels which are crossed by the line of sight at all internal intersections. All garages which are accessed through a sight distance easement shall be set 21 back a minimum of 20 feet from the easement. The applicant should be aware that the sight distance easements could affect the buildability of some lots. H. Relinguishment of Abutter's Rights. Relinquish abutter's rights of access along Norris Canyon Road with the exception of the two proposed access roads. I. On-Site Road Standards. On-site public roadways shall be constructed to public road standards with the following exceptions (exceptions from the Ordinance Code identified with a double asterisk (**) and provisions) . These standards shall include: providing for at least six off-street parking spaces for 66% of the units; providing adequate corner and stopping site distance for traffic safety; and, providing 30-foot curb return radii at all intersections where "No Parking" is required along an adjacent roadway leg. An exception is allowed from the County standards to begin the grading hinge point 5- feet behind the curb face and 3-feet behind the back sidewalk. The only private roadways in the project are depicted as such on the vesting tentative map. They shall be constructed to County private road standards with adequate parking, subject to review and approval by the Public Works Department. Private roads shall be constructed as at least 20-foot roads within 30-foot access easements. 1) General requirements: Provide for at least 6 off-street parking spaces for 660 of the units. Provide adequate corner and stopping sight distance for traffic safety. ** Exception from the County standards to begin the grading hinge point 5 feet behind the curb face and 3 feet behind the back of sidewalk. 2) "A" Drive Entry Road from Norris Canyon Road to "S" Drive: construct a 16-foot inbound lane and a 28- foot outbound roadway, within a 64-foot right-of- way. The outbound roadway shall consist of a 12- foot left-turn lane and a 16-foot right-turn lane. Special conditions: "No Parking". Additional width will be required for any raised median island. 3) "A" Drive Entry Road from "S" Drive to the "A" Drive Loop Road: construct a 28-foot road within a 48- foot right-of-way with no parking on either side. However, within Subdivision 7578 where units are located along the east side of the road, construct a 34-foot road within a 54-foot right-of-way with parking allowed along the east side of the road only. Special conditions: "No Parking" allowed at 28-foot road cross-section areas.Provide adequate off-street parking or parking bays subject to the Public Works Department, Road Engineering Division review, and review and approval of the Zoning Administrator.Provide circular driveways or hammerhead turnarounds at each of the driveways. ** Ordinance Code exception to allow a loo maximum grade (8% required by the Ord. Code) without on- street parking. ** Ordinance Code exception to allow a reduction in road and right-of-way width from a 40/60 to a 28/48 22 without on-street parking and to a 34/54 with on- street parking along the east side of the road and with adequate corner and stopping sight distance. 4) "A" Drive Loop Road beginning 800 feet south of its intersection with itself around, clockwise, to its intersection with itself: construct a 32-foot road within a 52-foot right-of-way. Special conditions: "No Parking" allowed on the inside of the loop road. The maximum grade shall be 15% (Ord. Code) . Provide at least 6 off-street parking spaces for at . least 50% of the units. ** Ordinance Code exception to allow a reduction in road and right-of-way width from a 36/56 to a 32/52 without parking on one side of the street and with adequate corner and stopping sight distance. 5) "A" Drive Loop Road from its intersection southerly to 800 feet south of its intersection with itself: construct a 40-foot road within a 60-foot right- of-way. Special conditions: Provide adequate off-street parking to allow on- street parking for the swim and tennis club y subject to review and approval of the Zoning Administrator. Parking allowed on both sides of road. 6) "B" Drive from Lot 321 to "C" Court: construct a 28-foot road within a 48-foot right-of-way. Special conditions: "No Parking" allowed except in adequate parking bays. Provide circular driveways or hammerhead turnarounds at each of the driveways. Realign "B" Drive between Lot 321 and 331 to eliminate small horizontal alignment undulations. ** Ordinance Code exception to allow a 20% grade (15% required by the Ord. Code) without on-street parking. ** Ordinance Code exception to allow a reduction in road and right-of-way width from a 36/56 to a 28/48 without on-street parking and with adequate corner and stopping sight distance. 7) "B" Drive from the "A" Drive Loop Road to Lot 321: construct a 32-foot road within a 52-foot right- of-way. Special conditions: "No Parking" allowed on the south side of the street, except in adequate parking bays. Provide circular driveways or hammerhead turnarounds at each of the driveways. 8) "K" Drive Entry Road throat area from the "A" Drive Loop to the "K" Drive Loop Road: construct a 36- foot road within a 56-foot right-of-way. Parking allowed on both sides. 9) "S" Drive: construct a 28-foot road within a 48- foot right-of-way. Special conditions: "No Parking" allowed. ** Ordinance Code exception to allow a reduction in road and right-of-way width from a 32/52 to a 28/48 without parking along one side of the street. 23 10) "TO Court North between the "T" Drive Entry Road and "S" Drive: construct a 32-foot road within a 52-foot right-of-way. Special conditions: "No Parking" allowed on one side of the street, except in adequate parking bays. 11) "T" Drive Entry Road from Norris Canyon Road to "T" Court North: construct a 32-foot road within a 52- foot right-of-way. Special conditions: "No Parking" allowed. 12) "B" Drive West of "C" Court; "C" Court; "D" Court; "E" Court; OF" Court; "G" Court; "H" Court; "I" Court; "J" Court; "K" Drive Loop Road; "M" Court; "N" Court; "T" Court North, south of "S" Drive; and "T" Court South: construct a 28-foot minimum width road. Special conditions: "No Parking" allowed on one side of the street (the inside of the curve where feasible) , except in adequate parking bays. For "K" Drive Loop Road, "No Parking" on the inside of the loop. ** Ordinance Code exception to allow a reduction in road and right-of-way width from a 32/52 to a 28/48 without parking on one side of the street and adequate corner and stopping sight distance. J. Timing for Construction of Norris Canyon Road/"A" Drive Safety-Related Improvements. Install safety-related improvements at the intersection of Norris Canyon Road and "A" Drive (including traffic signs and channelization) as approved and at the time required by the Public Works Department (possibly prior to construction of any major public or private facilities and prior to issuance to building permits in these two subdivisions) . K. Location of No Parking Signs/Curbside Designations. Install "No Parking" signs and/or painted "No Parking" curb designations: 1) Along the west side of "A" Drive from "S" Drive to its intersection with itself. "No Parking" will be required on either side of the street along 28-foot road widths. Parking will be allowed on one side of the street along 32-foot road widths. 2) Along the inside of "A" Drive Loop except within 800 feet from the intersection of "A" Loop with itself in front of the swim and tennis club. 3) Along both sides of "B" Drive from lot 321 to "C" Court except in adequate parking bays (at least 7 feet wide) . 4) Along the south side of the curb between Lot 321 and the "A" Drive Loop Road. 5) Along both sides of "S" Drive. 6) Along one side of "T" Court North between the "T" Drive Entry Road and "S" Drive, except in adequate parking bays at least 7-feet wide. Along one side of all other roads greater than 24 feet in width and not noted otherwise in these Conditions. 7) Along both sides of the "T" Drive Entry Road. 24 8) Along one side of "B" Drive west of "C" Court, "C" Court, "D" Court, "E" Court, "F" Court, "G" Court, "H" Court "I" Court, "J" Court, "K" Drive Loop Road, "M" Court, "N" Court, "T" Court North south of "S" Drive, "T" Court South except in adequate parking bays at least 7-feet wide. "No Parking" shall be allowed on the inside of the "K" Drive Loop Road. 9) Special parking shall be provided along "A" Drive to accommodate parking for Wiedemann Hill trail users per Condition 27. L. Prevention of Storm Drainage Across Sidewalks and Driveways. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across sidewalks and driveways. M. Omit. N. Proof of Right of Entry. Furnish proof to the Public Works Department, Engineering Services 'Division, of the acquisition of all necessary rights of entry, permits and/or easements for those improvements constructed with each phase. O. Acquisition of Off-Site Rights-of-Way and Easements. If, after good faith negotiations, the applicant is unable to acquire necessary rights-of-way and easements, he shall enter into an agreement with the County to complete the necessary improvements at such time as the County acquires the necessary interests in accordance with Section 66462 and 66462 . 5 of the Subdivision Map Act (the County must make a subsequent independent determination to exercise its condemnation authority) . P. Private Roads Maintenance Agreements. Establish maintenance agreements to insure future maintenance of the private roads/common driveways and the Emergency Vehicle Access within the subdivision boundaries. Q. Redesign of Entry Road. The entry road from Norris Canyon shall be redesigned from a split double entry to a single road conventional access to reduce visual impacts. R. Extension of "S" Drive. Extend "S" Drive to the westerly property line of Subdivision 7578 as a 52-foot right-of-way. No improvements are to be constructed at this time. S. Norris Canyon Road Maintenance and Repair Bond and Survey. The applicant shall post a bond to assure maintenance and repair of Norris Canyon Road during the construction period before it is improved in accordance with these Conditions of Approval. The amount of the bond shall be based on anticipated repairs, and a road condition survey taken prior to the initiation of any construction work, subject to the review of the Public Works Department, Road Engineering Division, and the review and approval of the Zoning Administrator. The road condition survey shall be based on a joint investigation by the Public Works Department and the developers representative. When warranted by a degradation in road condition, or when requested by the Zoning Administrator, a joint re-evaluation of the road condition shall be performed with recommended mitigations to bring the road up to at least its previous standard subject to the review of the Public Works Department, 25 Road Engineering Division, and the review and approval of the Zoning Administrator. T. Potential for Formation of New Area of Benefit. Certain improvements required by the Conditions of Approval for this development or the County Subdivision Ordinance Code may become eligible for credit or reimbursement against area of benefit fees, if an area of benefit is formed for construction of those improvements. The developer should contact the Public Works Department to determine what would be required to form an area of benefit and to personally determine the extent of any credit or reimbursement for which he might be eligible. The costs associated with the formation of the area of benefit would be an obligation of the applicant. Environmental Compliance 50. Update to Mitigation Monitoring Program; Mitigation Measures or Conditions of Approval. The applicant shall submit any modifications, updates or further details to the approved mitigation monitoring program for approval by the Zoning Administrator prior to final development plan approval. As an additional condition of approval, the applicant shall timely comply with all mitigation measures set forth in the Final Supplemental Environmental Impact Report. or otherwise adopted by the Board. of Supervisors. Development Agreement and Related Fees 51. Light Rail System Feasibility Study; Affordable Housing Trust Fund; Homeless Trust Fund; Timing for Payment. With the recordation of the first phased final map, the applicant shall contribute a lump sum equal to $25 per each of the 371 lots in the project to a non-profit trust fund to study the feasibility of a light rail system for Contra Costa County. With the recordation of each phased final map, the applicant shall contribute a pro rata amount equal to: 1) $3 , 333 per each lot in that phase as an in-lieu contribution to a County- established affordable housing trust fund; and 2) per voluntary contribution by the applicant, an amount equal to that phase's pro rata share of a total of $150, 000 to the County-established homeless trust fund. Provided, however, all contributions shall be paid within five years from date of recordation of the first phased final map. Said contributions shall be deposited with the Community Development Department. Energy Efficiency 52 . Special Energy Efficiency Requirements. Homes shall be designed to meet energy efficiency standards of loo more than the requirements of Title 24 of the California Code of Regulations currently in effect, unless otherwise approved by the Zoning Administrator as to glass efficiency standards to provide architectural design flexibility. In each garage, an electrical outlet shall be installed and dedicated for potential use in recharging electrical vehicles. Indemnification 53 . Indemnification of County by Applicant. Pursuant to Government Code Section 66474 .9, the applicant (including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa County Planning Agency and its agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents, officers, or employees to attack, set aside, void, or annul, the Agency's approval concerning this subdivision map application, which action is brought within the time period 26 provided for in Section 66499. 37. The County will promptly notify the subdivider of any such claim, action, or proceeding and cooperate fully in the defense. 27 ADVISORY NOTES A. The project lies within the 100-year flood boundary as designated on the Federal Emergency Management Association Flood Insurance Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 87-65) as they pertain to future construction of any structures on this property. B. This project may be subject to the requirements of 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. C. This project may also be subject to the requirements of the U.S. Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required and if it can be obtained. D. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance as adopted by the Board of Supervisors. E. Certain improvements required by the Conditions of Approval for this development or the County Subdivision Ordinance Code may be eligible for credit or reimbursement against said fee. The developer should contact the Public Works Department to personally determine the extent of any credit or reimbursement for which he might be eligible. F. The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) as promulgated by the California State Water Resources Control Board, or any of its regional water quality control boards (San Francisco Bay Region II or Central Valley-Region V) . G. Comply with .the requirements of the San Ramon Valley Fire Protection District. H. Comply with the development fee payment requirements of the San Ramon Valley Unified School District at time of issuance of building permits. I. Comply with the requirements of the Health Services Department, Environmental Health Section (646-2521) . J. Comply with the requirements of the Construction Use of Recycled Water Ordinance (No. 91-24) . K. The applicant is advised that the tax for the police services district is currently set by the Board of Supervisors at $200 per parcel annually (with appropriate future Consumer Price Index [CPI] adjustments) . The annual fee is subject to modification by the Board of Supervisors in the future. The current fee for holding the election is $800 and is also subject to modification in the future. The applicable tax and fee amounts will be those established by the Board at the time of voting. L. LAFCO and the East Bay Municipal Utilities District (EBMUD) are advised that the Board of Supervisors, in approving this project and in petitioning LAFCO for the Norris Canyon Road Area Boundary Reorganization, with respect to the provision of water service to the project, has based its actions in part on the facts that the EBMUD represents the only available water supply for this area and the amount of water that will 28 be used by this project and in the area of the boundary reorganization represents substantially less then one percent of overall current and projected water service demand in EBMUD. The Board's actions are further based on the fact that any apparent additional minor annexations to EBMUD will not cumulatively represent an appreciable percentage of future projected water demand in EBMUD. The Board also recognizes that the issue has yet to be resolved whether, prior to water service being provided by EBMUD to large areas designated for substantial new urban use that are outside EBMUD's boundaries, an increase in its water supplies may be required. Approval of this relatively small project should not be considered as a precedent, justification, or premature Board support for other boundary reorganizations that involve annexation to , EBMUD, including such large areas designated for new substantial urban use. The growth management and service issues are fundamentally different. Such boundary reorganizations and projects, including their compliance with the County's growth management standards, must be considered on their own merits and facts without regard to the Board's actions here. M. The East Bay Regional Park District (EBRPD) is advised that in approving this project with its three agricultural lots, the Board of Supervisors has not required dedication of land but is allowing the opportunity for a gift of private land to EBRPD by the property owners as outlined in the agricultural lots map. In not requiring a dedication of land to the EBRPD and instead allowing an opportunity for a gift of land and otherwise for continued private ownership in combination with deed restrictions and scenic easements, the Board recognizes the unique circumstances of the property and its owners. The approach used here should not be considered an example or precedent for other projects in Contra Costa County. 11-23-92 29 1 • � , r .� i. �.•`. _ '^�11,� � �..n,� #'�' {���air t '.�' Y T � v I U - 1, 4 a z v ��i� h •f Ea Y �'� � � s+ Inti � r 4..ws aA tl 5' r 5r ,�L „•, ry, C-�yt, �.r �$ °�•y `s: x ?, _',�r�� i 'z� a,.I� i.,-.B` U'. ,.'' y �r�[ anw�: "�'J • d A�_�„ r. Sinr, s .i � r4., e { `` ti� 3'�.h' � �� 1 ;+ � w � '1a � { �'S k���; �*`+0 4• � '4'i't tit �k i y q d' ° � �� ,`"° � �� r �''�>r�, ,_,.-^`� • � I {'.'QTY Y s` -.•'� i I a EXHIBIT H DECLARATIONS OF APPROVAL AND FINDINGS REGARDING TENTATIVE CANCELLATION OF LAND CONSERVATION CONTRACTS APPLICABLE TO THE SITE OF THE WIEDEMANN RANCH RESIDENTIAL COMMUNITY Declarations. The Board of Directors hereby declares as follows with respect to the petition to cancel the Land Conservation Contracts applicable to the site of the Wiedemann Ranch Residential Community project: 1. Jeff and Nancy Wiedemann own property consisting of approximately 1, 052 acres in Contra Costa County (the "Wiedemann Property") subject to a Land Conservation Contract dated February 10, 1976, designated as Agricultural Preserve No. 5-76. 2 . Susan G. Christensen owns property consisting of approximately 91 acres in Contra Costa County (the "Christensen Property") subject to a Land Conservation Contract dated January 27, 1970, designated as Agricultural Preserve No. 16-70. 3 . The owners of both the Wiedemann Property and the Christensen Property have filed applications for cancellation of the Land Conservation Contracts covering a portion of the Wiedemann Property consisting of approximately 379 acres and the entire Christensen Property, in connection with their joint proposal to develop those properties as a residential development to be known as the Wiedemann Ranch Residential Community. 4 . The applications for cancellation have been filed in accordance with all applicable laws which govern the filing of such applications. 5. The Board of Supervisors has held a duly noticed public hearing to consider the requests for cancellation of the Land Conservation Contracts, and the applicants for cancellation and the Community Development Department have presented substantial evidence regarding the proposed cancellations. 6. The Board of Supervisors has considered all public testimony and information presented with regard to the proposed cancellations. 7 . The certified cancellation valuation of the portion of the Wiedemann Property to be removed from the encumbrance of the Land Conservation Contract on the Wiedemann Property has been established by the County Assessor and the cancellation fee for the Land Conservation Contract encumbering such portion of the Wiedemann Property, at the rate prescribed by law, of the cancellation valuation has been established by the County Assessor at $558, 842 . This fee shall be paid as a condition of final cancellation of the Land Conservation Contract covering such portion of the Wiedemann Property, and shall be paid in the manner required by applicable provisions of Sections 51200 et sea. of the California Government Code. 8. The certified cancellation valuation of the Christensen Property has been by the County Assessor, and the cancellation fee for the Land Conservation Contract encumbering the Christensen Property, at the rate prescribed by law, of the cancellation valuation has been established by the County Assessor at $58, 283 . This fee shall be paid 1 paid as a condition of final cancellation of the Land Conservation Contract covering the Christensen Property, and shall be paid in the manner required by applicable provisions of Sections 51200 et sec . of the California Government Code. 9 . The County Clerk is hereby directed to file a certificate of tentative cancellation, as required by California Government Code Section 51283 . 4 , for the Land Conservation Contract covering the Wiedemann Property, and a separate certificate of tentative cancellation with respect to the Land Conservation Contract covering the Christensen Property. Prior to final cancellations of the Land Conservation Contracts, the conditions set forth in the respective certificate of tentative cancellation applicable to each Land Conservation Contract shall have been satisfied in the manner required under Government Code Section 51283 .4 . 10. Tentative cancellation of both such Land Conservation Contracts is based upon an alternative use plan approved by the Board of Supervisors through its approval of the Preliminary Development Plan and Vested Tentative Map for the two properties dated November 13 , 1992 . Final cancellation of the contracts shall occur as provided in Government Code Section 51283 . 4 . 11. The Board of Supervisors of Contra Costa County hereby grants approval of the tentative cancellation of the Land Conservation Contract covering the Wiedemann Property, and of the tentative cancellation of the Land Conservation Contract covering the Christensen Property, subject to all findings, terms and conditions set forth in this Order, including the following conditions respectively to each final cancellation: (1) payment of the cancellation fee; and (2) approval of the Final Development Plan by the Planning Commission. As to the Wiedemann property only, an additional condition shall be concurrent submittal of a completed request for approval of a new Land Conservation Contract(s) on the three agricultural lots, Lots 168, 188 and 223 . Findings. In support of the declarations and directives set forth above, and cancellation of the subject Land Conservation Contracts, the Board of Supervisors hereby adopts the following findings (the facts set forth in each of the paragraphs are relied upon to make each of the findings) : A. Findings Regarding Cancellation of Land Conservation Contract Dated February 10, 1976 (Wiedemann Property) . 1. Jeffrey and Nancy Wiedemann (sometimes referred to as the "applicants") , own certain contiguous lands consisting of approximately 1,052 acres located in the Westside area near the City of San Ramon. This property is further identified as Assessor ' s Parcel Nos. 209-080-002 , 209-080-003 , 209-080-005, 209-050-006, 209-050-007, 209- 090-003 , and 209-050-013 (collectively, the "Wiedemann Property") . 2 . Howard C. Wiedemann, Doris C. Wiedemann and Ann Wiedemann Kaplan, predecessors-in-interest to the applicants herein, entered into a Land Conservation Contract dated February 10, 1976 and identified as Agricultural Preserve No. 5-76 (the "Contract") with the County of Contra Costa, pursuant to California Land Conservation Act of 1965, also known as the Williamson Act (Government Code Sections 51200 et sea. ) affecting the Wiedemann Property. The Contract 2 carried a 10-year original term and, pursuant to Government Code Section 51244, provides for an automatic renewal of one year on the last day of February of each succeeding year during its term, unless notice of non-renewal is given in the manner provided by Government Code Section 51245. 3 . Concurrently with their application for cancellation of the Contract, the applicants also submitted a proposal for alternative use of a portion of the Wiedemann Property consisting of approximately 379 acres (the "Developable Area") . The proposal is for single-family residential development of low density, consisting of 337 residential lots to be located on such portion of the Wiedemann Property. The applicants propose to develop the alternative use in conjunction with the development of adjoining property owned by Susan G. Christensen, on which would be located an additional 34 residential lots. The proposed residential development to be located on a portion of the Wiedemann Property and the adjoining property owned by Susan G. Christensen would be known commonly as the Wiedemann Ranch Residential Community. 4 . As set forth in findings below, the applicants propose to cancel that portion of the Contract containing the 379-acre part of the Wiedemann Property proposed to be developed as a residential project (Development Area) , as more specifically described in Attachment 1 to these Declarations and Findings and incorporated herein by this reference. Such cancellation of the Contract applicable to the Developable Area is consistent with the purposes of the Williamson Act, and will not cause any significant adverse impact on agricultural resources. There has been presented to this Board substantial evidence to support cancellation of the Contract applicable to the Developable Area and to adopt the findings required for cancellation under Government Code Sections 51282 (b) and (c) . 5. The cancellation is for land on which a Notice of Non-Renewal has been served pursuant to Government Code Section 51241. , The owners of the Wiedemann Property, filed a Notice of Non-Renewal on November 21, 1985; as a result, the Wiedemann Property will be free of the Contract in February of 1995 whether or not cancellation is approved. The applicants have also agreed, as part of their application for approval of the development to be known as the Wiedemann Ranch Residential Community, to restrict the great majority of the remaining Wiedemann Property outside the Developable Area (consisting of approximately 673 acres) to open space and agricultural uses if the application for tentative cancellation of the Contract is approved, together with applications to develop the proposed Wiedemann Ranch Residential Community. In addition, the applicants have proposed to rescind or amend the Contract applicable to such 673 acre portion of the Wiedemann Property and simultaneously to enter into a new or amended Land Conservation Contract pursuant to Government Code § 51254 , for the purpose of insuring that such remaining portion of the Wiedemann Property will remain as agricultural and open space. This commitment to retain an area of approximately 673 acres for open space and agricultural uses significantly mitigates any adverse impact of cancellation of the Contract on agricultural resources or conversion of agricultural lands to residential development. 6. The cancellation is not likely to result in the removal of adjacent lands from agricultural use, for the following reasons: 3 (a) An area of 673 acres on the Wiedemann Property is to be deed-restricted in perpetuity to agricultural use and/or open space and will remain encumbered by a Land Conservation Contract or be public open space. The commitment of this area to such uses ensures that development of a limited portion of the Wiedemann Property for residential use will not create pressures to develop adjacent agricultural land. (b) The deed-restricted and open space residual 673 acres in combination with the common open space inside the Development Area of the Project, also creates a physical separation between the area on the Wiedemann Property to be developed (the Developable Area) and adjacent agricultural lands. The deed-restricted acreage and public open space on the Wiedemann Property, together with 112 acres of deed- restricted property to be owned in perpetuity by a homeowners association which will also remain as open space, will serve as a buffer between the residential development and both the East Bay Regional Park District property and portions of the Kaplan property still in agricultural use. This physical separation will avert any material adverse impacts of development on these and other nearby agricultural lands and open space. This will also significantly reduce the pressure to remove adjacent lands from agricultural or open space use. (c) In addition to the residual 673 acres on the Wiedemann property, another 112 acres of land within the area designated for development will remain as deed- restricted open space to be owned and maintained by a homeowners association, including an 8 . 8 acre community park. Much of this undeveloped acreage will create an additional physical separation between the portions of the project site actually developed with residences and infrastructure and nearby agricultural lands, including the portions- of the Wiedemann property to remain deed-restricted for open space and agricultural use. (d) Various measures to protect adjacent grazing land from adverse impacts have been incorporated into the development proposal for the Wiedemann Ranch Residential Community. These measures include provision of a 50-foot homeowner owned and maintained buffer zone surrounding the development area, cattle fencing to separate the buffer zone from the adjacent grazing and open space land, public disclosure to ensure that homeowners in the proposed development will be made fully aware that they are in proximity to existing agricultural activities, and a range management program. (e) The topography of the property, with the Wiedemann Ridge running along the western edge of the property, forms a natural barrier against more development to the west of the project site. Alameda County has strong agricultural protection policies for this area in its general plan and zoning ordinances. There is no evidence to suggest those policies will change in light of new limited development west of Wiedemann Ridge. Lands generally to the south of the Project site in Alameda County designated "non-renewed Williamson Act" lands, and showing expiration dates of 11198811 , have already been non-renewed separate and apart from this application; thus this cancellation has not, and will not, cause removal of such lands from agricultural use. Moreover, their uses are proscribed in the Dublin specific plan for that area. Infrastructure to this specific plan area will come from Dublin and is unrelated to the Project infrastructure. 4 (f) With respect to nearby land within the County, pursuant to the provisions of Measure C - 1990, the County has adopted an Urban Limit Line (ULL) and incorporated such ULL into the County General Plan's Open Space Element. The purpose of the ULL is to limit potential urban development in the County to 350 of the land in the County and to preserve 65% for open space uses (65/35 standard) , and to restrict the County from designating any land located outside the ULL for an urban land use. Only land within such ULL is eligible for future changes in designated land uses. There can be no violation of the 65/35 standard absent a vote of the people, and the ULL can be changed only by a 4/5 vote of the Board of Supervisors upon strict findings as set forth in the General Plan. The Williamson Act Plat Map was introduced into the record at the Board of Supervisors' public hearing on October 27, 1992 , and a reduced version is further attached to these Declarations and Findings as Attachment 1, and incorporated herein by this reference, shows as follows: (i) The Developable Area of the Project site (cross-hatched on the Williamson Act Plat Map) is wholly within the ULL, and tucked up at or near the western border thereof. The County lands shown in light green adjacent to the south of the Developable Area constitute the remainder of the Project site, which will be reserved permanently as open space. (ii) Lands located near the site to the north and south and within Contra Costa County are largely outside the ULL, and not available for development, thus this cancellation will not cause the removal of such lands from agricultural use. Only the Freitas property is within the ULL and with a residential land use designation under the General Plan. It is relatively small and of limited agricultural use. Its limited development potential will not be realized by this cancellation but, if at all, by eventual infrastructure improvement in the area and its General Plan land use designation. Lands adjacent to the Project site to the north, along Norris Canyon Road, shown in light green on the Plat Map, are primarily in ranchette and limited agricultural use. Due to their topography, they have limited development potential and are expected to continue in agricultural use in substantial part over the near and long term. (iii) Lands adjacent to the Project site to the east are outside the ULL, and largely consist of the East Bay Regional Park District's Bishop Ranch Open Space. This cancellation will not change the open space and grazing use of these lands to the east. This upper portion of the Westside Specific Plan area along San Ramon Valley Boulevard is intended to remain as open space, agricultural use under that plan. 7 . The cancellation is for an alternative use which is consistent with applicable provisions of the County General Plan, for the following reasons: (a) The Land Use Element of the County General Plan expressly designates this portion of the westside of San Ramon for residential development. The Wiedemann Property is within the sphere of influence of San Ramon. The City of San Ramon also designated the area for development in the Westside Specific Plan. The Final Supplemental Environmental Impact Report (FSEIR) prepared for the Wiedemann Ranch Residential Community found that the proposed development is substantially consistent with the County General Plan and its policies and implementation measures. 5 (b) Measure C - 1990, incorporated into the General Plan, provides that if land is developed within the ULL, a substantial portion of this land shall be retained for open space, parks, and recreational uses. The Development Area is within the ULL. The Project proposes to retain approximately 75% of the project area in open space and compatible uses, consistent with the General Plan. 8. The cancellation will not result in discontiguous patterns of urban development, for the following reasons: (a) The proposed alternative use implements the County General Plan, which expressly provides for development within the ULL in part as a means of facilitating contiguous urban development and the permanent preservation of open space. (b) The proposed alternative use and its design implements design guidelines of the San Ramon Westside Specific Plan and the hillside protection policies of the County General Plan through the P-1 planning process with the intent to integrate the proposed development with nearby urban uses and at the same time maintain an open space appearance in the Wiedemann Ridge area. (c) The portion of the Property proposed for development is the majority of the area planned for development in this portion of the westside of San Ramon under the County General Plan. Its development is contiguous to larger lot single-family homesites along Norris Canyon Road such as the existing residential uses on the Cameron, Wollgren and Rodes properties adjacent to the Wiedemann Property. The Property is also proximate to the substantially developed residential areas shown in red on the Plat Map such as Bollinger Hills. (d) While the Plat Map shows some open space areas between the Developable Area and other development, such open space areas do not cause the Project site to be discontiguous with adjacent development. Open space areas adjacent to the Project site are generally planned open space, provided for in the County General Plan, the Westside Specific Plan, and in other planning documents. Such planned open space areas act as buffers between development and to preserve open space when previous development has occurred. Such open space uses are also required due to topography there. Planned open space between development areas does not mean development is discontiguous (see the other park and open space between development areas on the Plat Map and the County General Plan Land Use Map) . The Project has been designed to maintain an open space appearance in the area. 9 . There is no proximate non-contracted land (as defined in Government Code Section 51282 (b) and (c) ) which is both available and suitable for the use to which the Wiedemann Property is proposed to be put, for the following reasons: (a) The residential project proposed to be developed is a sensitive development nestled in rolling hills, with higher end housing. Sensitively planned with the rolling hills terrain in mind, the Project has been designed to conform with, and to limit impacts upon, the natural conditions and habitats of the proposed site. The site topography and Project location further allows the Project to nestle in the rolling hills and retain substantial permanent open space, greatly reducing visual impacts on adjoining properties and in the San Ramon Valley community. Given the proposed layout of the project and the 6 type of housing proposed, there is no other site in the area of the westside that would be suitable for the particular type of development proposed. (b) As indicated on the Plat Map and on the area maps shown in the environmental documentation for the Project, as well as the Alameda, Contra Costa County and local general plans: (i) Lands to the south of the Project site shown as "non-renewed Williamson Act" with expiration dates of 1998 are unavailable and unsuitable for the Project. The lands are restricted from development at least until their respective Williamson Act contracts expire in 1998. The lands have a different, hillier topography which would make it difficult to place the type of Project desired on such lands. The only developable land has been identified and provided for in the West Dublin Specific Plan for the area south and west of the Project site. The north side of the Specific Plan area is contemplated for open space uses. [Moreover, other lands in that area are outside the County ULL, or are located in a remote part of Alameda County, which has restricted the conversion of lands to urban use in that area] . (ii) Lands to the west and north of the Project site in Alameda County are, of course, outside the Contra Costa County ULL. Much of it is under Williamson Act contracts. Their terrain, lack of infrastructure, remoteness, and Alameda County land use policies of long standing make them unavailable and unsuitable for development. There is no evidence to suggest those Alameda policies are going to change. (iii) Lands to the north of the Project site in Contra Costa County are largely outside the ULL with difficult topography, or are already developed (shown in red on the Plat Map) . The open space areas inside the ULL generally adjacent to the north of the Project do not have an urban land use designation, are not topographically suited for single family low density development and are better suited for agricultural and limited ranchette use as contemplated under the General Plan. (iv) Lands adjacent to the east of the Project site are outside the County ULL, and consist largely of the Bishop Ranch Open Space, which is unavailable for development. Land in the WSP adjacent to the Project site is contemplated to remain in open space use due to topography and visual significance. Currently undeveloped parcels further to the east, in the other part of the WSP, adjacent to I-680, are unsuited to the quiet, low density residential neighborhood contemplated by the applicants, and have been planned mainly for commercial development or higher density residential development consistent with the Westside Specific Plan. Other lands on the east side of Highway 680, shown in red on the Plan Map, are fully developed. Open space lands in the Dougherty Valley still further to the east, shown as 1111, 0000 Unit Specific Plan" on the Plat Map, are currently being considered for a higher density, flatter topography type development. Similar development is being studied in the Tassajara Valley to the east of Dougherty Valley. (v) The only undeveloped land in Contra Costa County to the west of the Wiedemann Property not under a Williamson Act contract is the 80-acre Castor site, which would not be large enough to support the proposed project. The Castor property's proximity to the Alameda County border and location along a major Contra Costa County scenic ridge 7 also suggest significant adverse impacts that are avoided by the proposed Wiedemann Ranch Residential Community. The Freitas property which is inside the ULL is too small and topographically difficult to sustain any significant development comparable to this Project. 10. Residential development on a portion of the Wiedemann Property is in the public interest, and cancellation of the Contract applicable to the Developable Area to permit such development is materially consistent with the objectives of the Williamson Act. Based upon various factors and information presented to and weighed by the Board of Supervisors, the Board finds that development of a portion of the Wiedemann Property as the Wiedemann Ranch Residential Community will have at most a minor impact on agricultural resources in the County. Among other things, the Wiedemann Property and the other property proposed for development as part of the Wiedemann Ranch Residential Community have never been identified as prime agricultural resources by the County. The development proposal calls for the substantial majority of the Wiedemann Property to remain as open space and in agricultural use, and provides significant buffers between the proposed development and agricultural or open space uses. The development will therefore have a relatively minor direct impact on agricultural land in the area, other agricultural resources in Alameda or Contra Costa County or on the use of the remaining portion of the Wiedemann Property for agriculture and open space and as wildlife habitat. 11. The findings described in Paragraph 10 above also lead to the conclusion that the proposed development is not materially inconsistent with the objectives of the Williamson Act, as reflected in the findings of the State Legislature set forth in Government Code Section 51220. Those objectives include the encouragement of agricultural productivity, discouraging premature and unnecessary conversion of agricultural land, and conversion of open space and wildlife habitat. The conclusion that the proposed development is not materially inconsistent with these objectives is supported by the facts that (1) the land proposed for development is not, and has never been considered by the County to be, prime agricultural land; (2) the project is part of the logical and paced urban development envisioned by the San Ramon Westside Specific Plan and the County General Plan, which designates this area for residential development; (3) most of the Wiedemann Property will be preserved for agriculture and open space through deed restrictions or as public or private open space, execution of a new Land Conservation Contract, or other means; (4) the development will not encourage discontiguous patterns of urban development, but is a logical extension of existing residential development along Norris Canyon Road; (5) the development is not likely to result in removal of adjacent agricultural land to urban uses, since the residual part of the Wiedemann Property will be restricted to open space and agricultural use, and because development of most nearby properties is impermissible under the Alameda and Contra Costa general plans in any event; and (6) the Contract, which covers a majority of the land in the proposed Wiedemann Ranch Residential Community, will expire in 1995 whether or not cancellation is granted. 12 . The benefits to the public and the County of developing the proposed project outweigh any minor impacts on agricultural resources resulting from cancellation of the Contract and conversion of agricultural land to residential uses. For the reasons cited above, development of the proposed project will have no significant impact on 8 agricultural resources and will not significantly undercut the goals and concerns of the Williamson Act. Further, approval of the cancellation now will allow the County to lock in the great majority of the property (approximately 673 acres) as permanently restricted open space. Safety improvements to Norris Canyon Road will be funded and constructed at the earliest reasonable opportunity as well as flood control improvements for San Cantamio Creek. At the same time, the development will provide additional housing needed by the County to meet its share of the regional housing need. The Housing Element of the County General Plan specifically lists the area proposed for development as a potential residential project which is available to help the County meet its housing goals and to provide its fair share of the regional housing need. Testimony taken at the September 23 , 1992 San Ramon Valley Regional Planning Commission confirmed that there is a need in San Ramon for custom homes at the high end of the market range in an attractive new neighborhood like this project. In making these findings, the Board of Supervisors is also mindful that the State Legislature has declared that the availability of housing for Californians of all income levels is a matter of "vital statewide importance" (Government Code Section 65580 (a) ) . See also the Statement of Overriding Consideration adopted by the Board, incorporated herein by reference. B. Findings Concerning Cancellation of Land Conservation Contract Dated January 27 , 1970. 1. Susan G. Christensen (sometimes referred to as the "applicant") owns certain contiguous land consisting of approximately 91 acres located in the Westside area near the City of San Ramon. This property is further identified as Assessor's Parcel No. 209-050-016 (the "Christensen Property") . 2 . Edward M. Freitas, predecessor-in-interest to the applicant herein, entered into a Land Conservation Contract dated January 27, 1970 and identified as Agricultural Preserve No. 16-70 (the "Contract") with the County of Contra Costa, pursuant to California Land Conservation Act of 1965, also known as the Williamson Act (Government Code Sections 51200 et sea. ) affecting the Christensen Property. The Contract carried a 10-year original term and, pursuant to Government Code Section 51244 , provides for an automatic renewal of one year on the last day of February of each succeeding year during its term, unless notice of non- renewal is given in the manner provided by Government Code Section 51245. 3 . Concurrently with their application for cancellation of the Contract, the applicant also submitted a proposal for alternative use of the Christensen Property. The proposed use is for single-family residential development of low density, consisting of 34 residential lots to be located on the Christensen Property. The applicant proposes to develop the alternative use in conjunction with the development of adjoining property owned by the Wiedemann family, on which would be located an additional 337 residential lots. The proposed residential development to be located on the Christensen Property and the adjoining property owned by the Wiedemann family would be known commonly as the Wiedemann Ranch Residential Community. 4 . As set forth in findings below, cancellation of the Contract is consistent with the purposes of the Williamson Act, and will not cause any significant adverse impact on agricultural resources. There has been presented 9 to this Board of Directors substantial evidence to support all findings required to cancel the Contract and to adopt the findings required for cancellation under Government Code Sections 51282 (b) and (c) . 5. The cancellation is for land on which a Notice of Non-Renewal has been served pursuant to Government Code Section 51241. The applicant, who owns the Christensen Property, filed a Notice of Non-Renewal on November 16, 1988. As a result, the Christensen Property will be free of the Contract in February of 1998 whether or not cancellation is approved. As part of the application for approval of the Wiedemann Ranch Residential Community, approximately 59 acres of the Christensen Property and 673 acres of the adjoining property owned by the Wiedemann family will be restricted to open space and agricultural uses if the application for tentative cancellation of the Contract is approved, together with applications to develop the proposed Wiedemann Ranch Residential Community. This commitment to retain this area (consisting of nearly two-thirds of the Christensen Property and nearly two-thirds of the adjoining property owned by the Wiedemann family) for open space and agricultural uses significantly limits any adverse impact of cancellation of the Contract on agricultural resources or conversion of agricultural lands to residential development. 6. The cancellation is not likely to result in the removal of adjacent lands from agricultural use, for the following reasons: (a) An area of 59 acres of the Christensen Property is to be restricted in perpetuity to homeowners association owned permanent open space, together with 673 acres on the adjoining property owned by the Wiedemann family, which is being developed together as the Wiedemann Ranch Residential Community. The commitment of this area to such uses ensures that development of a limited portion of the Christensen Property for residential use will not create pressures to develop adjacent agricultural land. (b) The restricted residual acreage also creates a physical separation between the area to be developed and adjacent agricultural lands. The deed-restricted acreage on the Christensen Property, together with 673 acres of the property owned by the Wiedemann family and an additional 112 acres of deed-restricted open space to be owned by a homeowners association, which will also remain as open space, will also serve as a buffer between the residential development and both the East Bay Regional Park District property and portions of the Kaplan property still in agricultural use. This physical separation will avert any material adverse impacts of development on these and other nearby agricultural lands and open space. This will also significantly reduce the pressure to remove adjacent lands from agricultural or open space use. (c) See Finding A. 6 (c) , on page 7, incorporated herein by reference and applicable to the Christensen property, too. (d) See Finding A. 6 (d) , on page 7 , incorporated herein by reference and applicable to the Christensen property, too. (e) See Finding A. 6 (e) , on pages 7 and 8 , incorporated herein by reference and applicable to the Christensen property, too. 10 (f) See Finding A. 6 (f) (i- iii) , on pages 4 and 5, incorporated herein by reference and applicable to the Christensen property, too. 7 . See Finding A. 7 (a & b) , on page 5, incorporated herein by reference and applicable to the Christensen property, too. 8. See Finding A. 8 (a-d) , on pages 5 and 6, incorporated herein by reference and applicable to the Christensen property, too. 9 . See Finding A.9 (a&b [i-vi] ) , on page 6, incorporated herein by reference and applicable to the Christensen property, too. 10. See Finding A. 10, on pages 7 and 8, incorporated herein by reference and applicable to the Christensen property, too. 11. See Finding A. 11, on page 8 , incorporated herein by reference and applicable to the Christensen property, too. 12 . See Finding A. 12, on page 8, incorporated herein by reference and applicable to the Christensen property, too. 11 Contra Costa County Assessor's Office 834 Court street,Martine.,CA 94553 33WI!E: October 26, 1992 TO: Contra County Board of Supervisors FROM: John L. Biasotti, County Assessor j fj by: Frank A. Ascatigno, Chief, Valuation SUBJECT- CANCELLATION VALUATION OF A PORTION OF LAND CONSERVATION CONTRACT #5-76 AND A PORTION OF LAND CONSERVATION CONTRACT ##I.6-70. Reference is made to a written request dated September 21, 1992, from the Community Development Department for the cancellation of 430.77 acres, a portion of the 1,112. 37 acres covered by Conservation Contract #5-76 and ##16--70, further identified as follows: Land Conservation Land Conservation Contract ##5-76 Contract #16-70 209-050-006 209-050-016 209-050-007 209--050-013 209-080-002 209-080-003 209-080-005 209-090-003 Pursuant to Government Code Section 51283, the County Assessor hereby certifies to the Board of Supervisors the following value as of October 27., 1992, for the purpose of determining the cancellation fee: Cancellation Value: $4, 937,000 Cancellation value is allocated as follows: Wiedemann Parcels Christiansen Parcel A.P. #5-76 A.P. ;#16-70 $ 4 , 470, 730 $ 466 , 270 This valuation is predicated upon: the land being free of. any Land Conservation Contract restrictions and pertains only to the 430 . 77 acres of land being removed from contract and not placed under a new contract. The disposition of the balance of the 1,112. 37 acres is as follows: 675.60 acres will be placed under a neer contract, and 6 .0 acres will remain under existing contract (to come out of Land Conservation Contract by non-renewal on 2/28/95) . The cancellation fee shall be an amount equal to 12 1/2g of the cancellation valuation. Based on the above cancellation valuation, the cancellation fee is $617,125. ' . il IS W'd ��J1Cl October 26, 1992 CANCELLATION VALUATION -- LAND CONSERVATION Page 2 Cancellation fees are allocated as follows : Wiedemann Parcels Christiansen Parcel A. P. #5-76 A.P #5-76 $558,842 $56,283 This fee is valid only if paid, or a Certificate of Cancellation of Contract is issued, within one year of October 27, 1992. Please advise this office of the recording of the Certificate of Cancellation. CC: Harvey E. Bragdon, Director of Community Development Charles Zahn, Chief, Conservation Program/Water Agency, Community Development Kenneth Corcoran, Auditor Alfred P.Lomeli, Treasurer-Tax Collector. furl is available, when appropriated by the Legislature, for the support of both of the following: (1) The total cost of the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 66570. (2) The soil conservation program identified in Section 614 of the Public Resources Code. (e) When deferred taxes required by this section are collected, they shall be transmitted by the county treasurer to the Controller and deposited in the General Fund, except as provided in subdivision (d) . The funds collected by the county treasurer with respect to each cancellation of a contract shall be transmitted to the Controller within 30 days of the execution of a certificate of cancellation of contract by the board or council, as specified in subdivision (b) of Section 51283.4. (f) This section shall become operative on July 1, 1993. 51283.1. Payment of deferred taxes. [Repealed by Stats. 1986, Ch. 607, in effect January 1, 1987.] 51283.3. Action upon cancellation. [Repealed by Stats. 1988, Ch. 579, in effect January 1, 1989.] 51283.4. Certificate of tentative cancellation fees. (a) Upon tentative approval of a petition accompanied by a proposal for a specified alternative use of the land, the clerk of the board or council shall record in the office of the county recorder of the county in which is located the land as to which the contract is applicable a certificate of tentative cancellation, which shall set forth the name of the landowner requesting the cancellation, the fact that a certificate of cancellation of contract will be issued and recorded at such time as specified conditions and contingencies are satisfied, a description of the conditions and contingencies which must be satisfied, and a legal description of the property. Conditions to be satisfied shall include payment in full of the amount of the fee computed under the provisions of Sections 51283 and 51283.1, together with a statement that unless the fee is paid, or a certificate of cancellation of contract is issued within one year from the date of the recording of the certificate of tentative cancellation, such fee shall be recomputed as of the date of notice described in subdivision (b). Any provisions related to the waiver of such fee or portion thereof shall be treated in the manner provided for in the certificate of tentative cancellation. Contingencies to be satisfied shall include a requirement that the landowner obtain all permits necessary to commence the project. The board or council may, at the request of the landowner, amend a tentatively approved specified alternative use K it finds ® that such amendment is consistent with the findings made pursuant to subdivision (f) of Section 51282.1 or subdivision (a) of Section 51282, whichever is applicable. (b) The landowner shall notify the board or council when he has satisfied the conditions and contingencies enumerated in the certificate of tentative cancellation. Within 30 days of receipt of such notice, and upon a determination that the conditions and contingencies have been satisfied, the board or council shall execute a certificate of cancellation of contract and cause the same to be recorded. (c) If the landowner has been unable to satisfy the conditions and contingencies enumerated in the certificate of tentative cancellation, the landowner shall notify the board or council of the particular conditions or contingencies he is unable to satisfy. Within 30 days of receipt of such notice, and upon a determination that the landowner is unable to satisfy the conditions and contingencies listed, the board or council shall execute a certificate of withdrawal of tentative approval of a cancellation of contract and cause the same to be recorded. However, the landowner shall not be entitled to the refund of any cancellation fee paid. 51283.5. Reports by Department of Conservation. [Repealed by Stats. 1989, Ch. 943, in effect January 1, 1990.] 51284. Public hearing; notice and publication. No contract may be canceled until after the city or county has given notice of, and has held, a public hearing on the matter. Notice of the hearing shall be published pursuant to Section 6061 and shall be mailed to every owner of land under contract, any portion of which is situated within one mile of the exterior boundary of the land upon which the contract is proposed to be canceled. In addition, notice of the hearing and a copy of the landowner's petition shall be mailed to the Director of Conservation. Within 30 days of the tentative cancellation of the contract, the city or county shall publish a notice of its decision, including the date, time, and place of the public hearing, a general explanation of the decision, the findings made pursuant to Section 51282, and a general description, in text or by diagram, of the land under contract, as a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city or county. In addition, within 30 days of the tentative cancellation of the contract, the city or county shall deliver a copy of the published notice of the decision as described above, to the Director of Conservation. The publication shall be for informational purposes only, and shall create no right, standing, or duty that would otherwise not exist with regard to the cancellation proceedings. A L Item H.11 Wiedemann Ranch Residential Community Approval Documents See Board Order for List and Description of Exhibits RECORDING REQUESTED BY: CONTRA COSTA Co Recorder's Office STEPH L. WEIR, County Recorder Contra Costa County DOC - 97-0107820-00 WHEN RECORDED RETURN TO Mor.,day, JUN 23, 1997 14:09:59 CLERK, BOARD OF SUPERVISORS FF .E $0.001 , T' ,:l Pd $0.00 Nbr-0000091325 lrc/R9/1-4 BOARD OF SUPERVISORS CONTRA COSTA COUNTY Re: Tentative Cancellation of Land CERTIFICATE OF Conservation Contract dated TENTATIVE January 27, 1970, and designated CANCELLATION Agricultural Preserve No. 16-70, (G.C. §51283 .4) Between Contra Costa County and Edward M. Freitas, Predecessor in Interest to Susan G. Christensen, Pertaining to Property Identified as Assessor- s. Parcel No. 209-050-016 I am the Clerk of the Board of Supervisors for Contra Costa County, California. The Board of Supervisors by Board Order dated December 8, 1992, granted approval of the tentative cancellation of the above-referenced land conservation contract between the County of Contra Costa and the below named landowner. Name of Landowner Requesting Susan G. Christensen Cancellation: 111 Corrinne Court San Ramon, CA 94583 Real Property For Which Legal Description Attached Contract is Cancelled: Hereto as Exhibit "A" Pursuant to the Board Order dated December 8, 1992 granting approval of the tentative cancellation of the above-referenced contract, a Certificate of Cancellation of Contract will be issued and recorded at such time as the following conditions are satisfied: (1) Payment in full of the cancellation fee due under Government Code §51283, which fee is $58 , 283 . 00. Unless said fee is paid within one year from December 8, 1992 , or a Certificate of Cancellation of Contract is issued within said time, this fee shall be recomputed as of the date of the landowner's Notice of Satisfaction of Conditions and Contingencies (G.C. §51283 .4) . (2) Approval of the project Final Development Plan by the Planning Commission. Dated: g 2.. BOARD OF SUPERVISORS CONTRA COSTA COUNTY Phil Batchelor, Clerk of the Boar of uperyByAA. rs, Deputy Clerk SUBDIVISION 7578 PARCEL C AS SHOWN ON MS 108-86, FILED MAY 5, 1988, IN BOOK 133 OF PARCEL MAPS, AT PAGE 8, CONTRA COSTA COUNTY RECORDS. 4 • O P G .. 4, Q ............ ... . ........ X ........ . ..... ................ .................X ........................... .... .......... ................ ...... ................. .......... ... NCO ......... .......... ............ ............... ... ............... .............. ............. ........................ ..................... ...................... .......... ............ .......... ..... ................ ....... .... ...... .................... : a......:...... :::::.:•:•: ::•:•:::::.:::::::::::t::::;•;.;•:••.... ......... .. :::•. . ............ ............. ....... ...... .......... ...... ....... ...... ................. ................. .......... .................... .............. .......... ................. ...... ...... ......... ...... ............ .............. ................... X,X. ............ i• 9 0 4 r� 1� V V O UWEA.w' 1 SGAL 4Qo, p,E�,'CC� '�� �' G A4, 1992 pf vi C po STR G�uN�Y \4�9 OANV\I.LE�5�1 A\-ADAC 838 55 �,;ol CONTRA COSTA Co Recorder's Office RECORDING REQUESTED BY: STEPHEN L. WEIR, County Recorder Contra Costa County DOC - 97-0107821-00 Monday, JUN 23, 1997 14:10:02 WHEN RECORDED RETURN TO FRE $0.0011 CLERK, BOARD OF SUPERVISORS Ttl Pd $0.00 Nbr-0000091326 lrc /R9 BOARD OF SUPERVISORS CONTRA COSTA COUNTY Re: Tentative Cancellation of a portion CERTIFICATE OF of Land Conservation Contract TENTATIVE dated February 10, 1976, and designated CANCELLATION Agricultural Preserve No. 5-76, Between (G.C. §51283 .4) Contra Costa County and Howard C. Wiedemann, Doris C. Wiedemann and Ann Wiedemann Kaplan, Predecessors in Interest to Jeff and Nancy Wiedemann, Pertaining to Property Identified as Assessor's Parcel Nos. 209-080-002 , 209-080-003, 209-080-005, 209-050-006, 209-050-007, 209-090-003 , and 209-050-013 I am the Clerk of the Board of Supervisors for Contra Costa County, California. The Board of Supervisors by Board Order dated December 8, 1992 , granted approval of the tentative cancellation of a portion of the above-referenced land conservation contract between the County of Contra Costa and the below named landowner. Name of Landowner Requesting Jeffrey and Nancy Wiedemann Cancellation: 2303 Norris Canyon Road San Ramon, CA 94583 Real Property For Which Legal Description Attached Contract is Cancelled: Hereto as Exhibit "A" Pursuant to the Board Order dated December 8, 1992 granting approval of the tentative cancellation of a portion of the above- referenced contract, a Certificate of Cancellation of Contract will be issued and recorded at such time as the following conditions are satisfied: (1) Payment in full of the cancellation fee due under Government Code §51283 , which fee is $558 , 842 . 00. Unless said fee is paid within one year from December 8, 1992 , or a Certificate of Cancellation of Contract is issued within said time, this fee shall be recomputed as of the date of the landowner's Notice of Satisfaction of Conditions and Contingencies. (G.C. 551283 . 4) (2) Approval of the project Final Development Plan by the Planning Commission. (3) Submittal of a completed request for approval of a Land Conservation Contract(s) for the three project agricultural lots (Lots 168, 188 and 223) . Dated: BOARD OF SUPERVISORS CONTRA COSTA COUNTY Phil Batchelor, Clerk of the Board of Supervi o s By 4 (14AA Deputy Clerk J SUBDIVISION 7575 PARCEL D AS SHOWN ON MS 135-74, FILED DECEMBER 5, 1975 IN BOOK 41 OF PARCEL MAPS AT PAGE 21, CONTRA COSTA COUNTY RECORDS; PORTION OF LOTS 1 AND 2 AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 21 TOWNSHIP, 2 RANGE 1 WEST, MT. DIABLO BASE AND MERIDIAN. BEGINNING AT THE MOST SOUTHWESTERN CORNER OF PARCEL C AS SAID PARCEL C IS SHOWN AND SO DESIGNATED ON THE MAP ENTITLED "PARCEL MAP SUBDIVISION MS 108-86" FILED IN BOOK 133 OF PARCEL MAPS AT PAGE 8 SAID POINT ALSO BEING ON THE NORTH LINE OF SAID PARCEL D (41 PM 21); THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTHERN LINE OF SAID PARCEL D NORTH 81022'40" EAST 4,355.86 FEET TO THE MOST NORTHWESTERN CORNER OF SAID SECTION 21; THENCE SOUTH 68°16'37" EAST 418.88 FEET; THENCE SOUTH 32°16'09" EAST 248.28 FEET; THENCE SOUTH 44041'01" EAST 407.30 FEET; THENCE SOUTH 03°23'42" WEST 1288.44 FEET; THENCE SOUTH 23°29'40" EAST 105.71 FEET; THENCE SOUTH 24034'32" WEST 321.00 FEET; THENCE SOUTH 82050'38" WEST 333.80 FEET; THENCE SOUTH 01'08'37" EAST 78.28; THENCE SOUTH 34058'30" WEST 371.32 FEET; THENCE SOUTH 47°56'43" WEST 506.25 FEET; THENCE SOUTH 47053'27 EAST 457.27 FEET; THENCE SOUTH 32051'04" EAST 314.96 FEET; THENCE SOUTH 80053'05 EAST 693.21 FEET; THENCE SOUTH 53°52'17 EAST 161.50 FEET; THENCE SOUTH 33024'19" EAST 266.37 FEET; THENCE SOUTH 03004'37" WEST 348.26 FEET; THENCE SOUTH 43050'21" WEST 493.58 FEET; THENCE SOUTH 73038'18" WEST 321.80 FEET; THENCE SOUTH 88040'24" WEST 296.16 FEET; THENCE NORTH 76019'48" WEST 706.65 FEET; THENCE NORTH 63059'42" WEST 1957.55 FEET; THENCE NORTH 46053'15" WEST 463.58 FEET; THENCE NORTH 09034'01" EAST 1360.60 FEET; THENCE NORTH 51056'00" EAST 142.71 FEET; THENCE SOUTH 37029'55" EAST 95.60 FEET; THENCE NORTH 53039'27" EAST 149.13 FEET; THENCE NORTH 44015'33" WEST 617.23 FEET; THENCE SOUTH 25°00'59" WEST 942.01 FEET; THENCE SOUTH 74052'00" WEST 515.12 FEET; THENCE NORTH 70002'19" WEST 1560.05 FEET; THENCE NORTH 10009'32" EAST 828.90 FEET; THENCE NORTH 30008'54" EAST 755.05 FEET TO THE POINT OF BEGINNING AND CONTAINING 391.1 ACRES OF LAND MORE OR LESS. EXHIBIT 1 t EXCEPTING THERE FROM ALL OF PARCELS A, B AND C AS SHOWN ON SAID MAP MS 135-74 (41 PM 21). CONTAINING 376.1 ACRES, MORE OR LESS 88074.2 WILLIAM.AC MESC. 2 a COMMUNICATIONS SITE #1 ALL THAT REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND MORE PARTICULARLY BEING A PORTION OF SECTION 20, TOWNSHIP 2 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT ALAMEDA/CONTRA COSTA COUNTY BOUNDARY LINE MONUMENT "72" AS SAID MONUMENT IS DESCRIBED IN THE "MONUMENT RECORD" ON FILE WITH THE CONTRA COSTA COUNTY SURVEYOR; THENCE FROM SAID POINT OF BEGINNING, SOUTHEASTERLY ALONG SAID COUNTY LINE SOUTH 460 17' 50" EAST 206.76 FEET; THENCE LEAVING SAID COUNTY LINE NORTH 430 26' 08" EAST 129.18 FEET; THENCE NORTH 170 19' 34" WEST 498.26 FEET; THENCE NORTH 870 58' 00" WEST 196.96 FEET; THENCE SOUTH 020 10' 22" WEST 427.65 FEET TO A POINT ON THE AFORESAID COUNTY LINE; THENCE EASTERLY ALONG SAID COUNTY LINE SOUTH 870 05' 44" EAST 123.30 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.1003 ACRES OF LAND MORE OR LESS. 88074.3 9-4-91 GTE SPRINT SITE#1 EM 0 BIT--/- 3W 3 IT3W3 t ' COMMUNICATIONS SITE #2 ALL THAT REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,AND MORE PARTICULARLY BEING A PORTION OF SECTION 20, TOWNSHIP 2 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT ALAMEDA/CONTRA COSTA COUNTY BOUNDARY LINE MONUMENT "72" AS SAID MONUMENT IS DESCRIBED IN THE "MONUMENT RECORD" ON FILE WITH THE CONTRA COSTA COUNTY SURVEYOR; THENCE FROM SAID POINT OF COMMENCEMENT, LEAVING SAID ALAMEDA/CONTRA COSTA COUNTY BOUNDARY LINE SOUTH 680 38' 26" EAST 764.51 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE FROM SAID POINT OF BEGINNING NORTH 150 06' 30" WEST 665.00 FEET; THENCE NORTH 90° 00' 00" EAST 500.00 FEET; THENCE SOUTH 180 06' 48" WEST 665.88 FEET; THENCE SOUTH 850 38' 00" WEST 120.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 4.53 ACRES. 88074.3 9/3/92 (RM) GTE SPRINT SITE #2 EXHIBIT CANYON NOR��S 00 v GQ' V +�► Q V V a Ct J P -� ♦Q`0%0 o w a QO P J ;r 0 COMM MM IT # SITE ti COMM SITE T E # 2 j: PORTION F 1 a a W EDEM AHN RANCH PROPERTY P Y WHERE a E T CURRENT WILLIAMsaN ACT CONTRACT R CT WILL .: BE RESCINDED ESC D AND NEW W.A. a C EXECUTED CNTRA T EXH 1 1 s REV. OCT. 21 '92 $074 B 1 SU D VISIaH 7575 ( WIEDEMANN ALIQUOT RANCH ) X. 1499 DANVILLE BLVD CONTRA COSTA COUNTY A(s 0))$38-5544 7 CALIFORNIA 14. 11 b. ./ CONTRA COSTA Co Recorder's Office RECORDING REQUESTED BY• STEPHEN L. WEIR, County Recorder Contra Costa County DOC - 97-0107820-00 Monday, JUN 23, 1997 14:07:21 WHEN RECORDED RETURN TO FRE $0.00; CLERK, BOARD OF SUPERVISORS Ttl Pd $0.00 Nbr-0000091325 lrc /R9 BOARD OF SUPERVISORS CONTRA COSTA COUNTY Re: Tentative Cancellation of Land CERTIFICATE OF Conservation Contract dated TENTATIVE January 27 , 1970, and designated CANCELLATION Agricultural Preserve No. 16-70, (G.C. §51283 .4) Between Contra Costa County and Edward M. Freitas, Predecessor in Interest to Susan G. Christensen, Pertaining to Property Identified as Assessor's Parcel, No. 209-050-016 I am the Clerk of the Board of Supervisors for Contra Costa County, California. The Board of Supervisors by Board Order dated December 8, 1992, granted approval of the tentative cancellation of the above-referenced land conservation contract between the County of Contra Costa and the below named landowner. Name of Landowner Requesting Susan G. Christensen Cancellation: 111 Corrinne Court San Ramon, CA 94583 Real Property For Which Legal Description Attached Contract is Cancelled: Hereto as Exhibit "A" 97 107820 Pursuant to the Board Order dated December 8, 1992 granting approval of the tentative cancellation of the above-referenced contract, a Certificate of Cancellation of Contract will be issued and recorded at such time as the following conditions are satisfied: (1) Payment in full of the cancellation fee due under Government Code §51283, which fee is $58 , 283 . 00. Unless said fee is paid within one year from December 8, 1992 , or a Certificate of Cancellation of Contract is issued within said time, this fee shall be recomputed as of the date of the landowners Notice of Satisfaction of Conditions and Contingencies (G.C. §51283 . 4) . (2) Approval of the project Final Development Plan by the Planning Commission. Dated: BOARD OF SUPERVISORS CONTRA COSTA COUNTY Phil Batchelor-, - Clerk of the Boar of pervi s By 4. Deputy Clerk OV ............. --„--- ....... ......... ................ . ............... ........... ................... .................. ....................... .......................... O -t P ......... X . ............. .......... .......................... ..................... ........................ :w `CO '.Y ........... .......... .............,....... ....... .. .... ............. ............... ........ ...................... .......... ............... 0 ............................ :......::.... .............. .............. .... .:. ........................ ............................. ............ VIA% .................. .. ............ :'!: :1 A 'd IMI / V ' V :. ice'-_ O M ;. p �� � D GURRE. �� Y �.� '(� 14� 1992 pR A� BDv4ieD P Rop v.R"TYOros $aoz osso cpor ok'sol t Y aim WJW ow A�I %_1 3, R C�S�A c tAyg OP�v CA g�q5 1 �ON�� p't.PMQ 83a'S`SAA 5101 SUBDIVISION 7578 97 107820 PARCEL C AS SHOWN ON MS 108-86, FILED MAY 5, 1988, IN BOOK 133 OF PARCEL MAPS, AT PAGE 8, CONTRA COSTA COUNTY RECORDS. EXHIBIT I � � H. D1 fib, CONTRA COSTA Co Recorder's Office RECORDING REQUESTED BY: STEPHEN L. WEIR, County Recorder Contra Costa CountyDOC 97-03_07a:22_-00 Monday, JUN 23, 1997 14:10:07 WHEN RECORDED RETURN TO FRE $0.00; CLERK, BOARD OF SUPERVISORS Ttl Pd $0.00 Nbr-0000091326 lrc/R9/1-7 BOARD OF SUPERVISORS CONTRA COSTA COUNTY Re: Tentative Cancellation of a portion CERTIFICATE OF of Land Conservation Contract TENTATIVE dated February 10, 1976, and designated CANCELLATION Agricultural Preserve No. 5-76, Between (G.C. §51283 .4) Contra Costa County and Howard C. Wiedemann, Doris C. Wiedemann and Ann Wiedemann Kaplan, Predecessors in Interest to Jeff and Nancy Wiedemann, Pertaining to Property Identified as Assessor's Parcel Nos. 209-080-002, 209-080-003, 209-080-005, 209-050-006, 209-050-007 , 209-090-003 , and 209-050-013 I am the Clerk of the Board of Supervisors for Contra Costa County, California. The Board of Supervisors by Board Order dated December 8, 1992 , granted approval of the tentative cancellation of a portion of the above-referenced land conservation contract between the County of Contra Costa and the below named landowner. Name of Landowner Requesting Jeffrey and Nancy Wiedemann Cancellation: 2303 Norris Canyon Road San Ramon, CA 94583 Real Property For Which Legal Description Attached �. - Contract is Cancelled: Hereto as Exhibit "A" 9� 1®7821 Pursuant to the Board Order dated December 8, 1992 granting approval of the tentative cancellation of a portion of the above- referenced contract, a Certificate of Cancellation of Contract will be issued and recorded at such time as the following conditions are satisfied: (1) Payment in full of the cancellation fee due under Government Code §51283, which fee is $558 , 842 . 00. Unless said fee is paid within one year from December 8, 1992 , or a Certificate of Cancellation of Contract is issued within said time, this fee shall be recomputed as of the date of the landowner's Notice of Satisfaction of Conditions and Contingencies. (G.C. §51283 .4) (2) Approval of the project Final Development Plan by the Planning Commission. (3) Submittal of a completed request for approval of a Land Conservation Contract(s) for the three project agricultural lots (Lots 168, 188 and 223) . (�)Dated: BOARD OF SUPERVISORS CONTRA COSTA COUNTY Phil Batchelor., Clerk of the Board of S ervis By OAA" .4A..�� Deputy Clerk 97 107821 SUBDIVISION 7575 PARCEL D AS SHOWN ON MS 135-74, FILED DECEMBER 5, 1975 IN BOOK 41 OF PARCEL MAPS AT PAGE 21, CONTRA COSTA COUNTY RECORDS; PORTION OF LOTS 1 AND 2 AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 21 TOWNSHIP, 2 RANGE 1 WEST, MT. DIABLO BASE AND MERIDIAN. BEGINNING AT THE MOST SOUTHWESTERN CORNER OF PARCEL C AS SAID PARCEL C IS SHOWN AND SO DESIGNATED ON THE MAP ENTITLED "PARCEL MAP SUBDIVISION MS 108-86" FILED IN BOOK 133 OF PARCEL MAPS AT PAGE 8 SAID POINT ALSO BEING ON THE NORTH LINE OF SAID PARCEL D (41 PM 21); THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTHERN LINE OF SAID PARCEL D NORTH 81022'40" EAST 4,355.86 FEET TO THE MOST NORTHWESTERN CORNER OF SAID SECTION 21; THENCE SOUTH 68°16'37" EAST 418.88 FEET; THENCE SOUTH 32°16'09" EAST 248.28 FEET; TIIENCE SOUTH 44°41'01 " EAST 407.30 FEET; THENCE SOUTH 03°23'42" WEST 1288.44 FEET; THENCE SOUTH 23°29'40" EAST 105.71 FEET; THENCE SOUTH 24034'32" WEST 321.00 FEET; THENCE SOUTII 82050'38" WEST 333.80 FEET; THENCE SOUTH 01'08'37" EAST 78.28; THENCE SOUTH 34058'30" WEST 371.32 FEET; THENCE SOUTH 47056'43" WEST 506.25 FEET; THENCE SOUTH 47°53'27 EAST 457.27 FEET; THENCE SOUTH 32051'04" EAST 314.96 FEET; THENCE SOUTH 80053'05 EAST 693.21 FEET; THENCE SOUTH 53°52'17 EAST 161.50 FEET; TIIENCE SOUTH 33024'19" EAST 266.37 FEET; THENCE SOUTH 03°04'37" WEST 348.26 FEET; TIIENCE SOUTH 43°50'21" WEST 493.58 FEET; TIIENCE SOUTH 73038'18" WEST 321.80 FEET; TIIENCE SOUTH 88040'24" WEST 296.16 FEET; THENCE NORTH 76019'48" WEST 706.65 FEET; THENCE NORTH 63059'42" WEST 1.957.55 FEET; THENCE NORTH 46053'15" WEST 463.58 FEET; THENCE NORTH 09°34'01" EAST 1360.60 FEET; THENCE NORTH 51056'00" EAST 142.71 FEET; THENCE SOUTH 37°29'55" EAST 95.60 FEET; THENCE NORTH 53039'27" EAST 149.13 FEET; THENCE NORTH 44015'33" WEST 617.23 FEET; THENCE SOUTH 25°00'59" WEST 942.01 FEET; THENCE SOUTH 74°52'00" WEST 515.12 FEET; THENCE NORTH 70002'19" WEST 1560.05 FEET; THENCE NORTH 10009'32" EAST 828.90 FEET; THENCE NORTH 30008'54" EAST 755.05 FEET TO TIIE POINT OF BEGINNING AND CONTAINING 391.1 ACRES OF LAND MORE OR LESS. ,SAN OT 1 - A I � � 97 107821 EXCEPTING THERE FROM ALL OF PARCELS A, B AND C AS SHOWN ON SAID MAP MS 135-74 (41 PM 21). CONTAINING 376.1 ACRES, MORE OR LESS 88074.2 WILLIAM.ACEDESC. EXHIBIT 2 97 1.07921 COMMUNICATIONS SITE #1 ALL THAT REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND MORE PARTICULARLY BEING A PORTION OF SECTION 20, TOWNSHIP 2 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT ALAMEDA/CONTRA COSTA COUNTY BOUNDARY LINE MONUMENT "72" AS SAID MONUMENT IS DESCRIBED IN THE "MONUMENT RECORD" ON FILE WITH THE CONTRA COSTA COUNTY SURVEYOR; THENCE FROM SAID POINT OF BEGINNING, SOUTHEASTERLY ALONG SAID COUNTY LINE SOUTH 460 17' 50" EAST 206.76 FEET; THENCE LEAVING SAID COUNTY LINE NORTH 430 26' 08" EAST 129.18 FEET; THENCE NORTH 17° 19' 34" WEST 498.26 FEET; THENCE NORTH 87° 58' 00" WEST 196.96 FEET; THENCE SOUTH 020 10' 22" WEST 427.65 FEET TO A POINT ON THE AFORESAID COUNTY LINE; THENCE EASTERLY ALONG SAID COUNTY LINE SOUTH 870 05' 44" EAST 123.30 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.1003 ACRES OF LAND MORE OR LESS. 88074.3 9-4-91 GTE SPRINT SITE #1 EXHI � -- ; a- 97 107821 COMMUNICATIONS SITE ##2 ALL THAT REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,AND MORE PARTICULARLY BEING A PORTION OF SECTION 20, TOWNSHIP 2 SOUTH, RANGE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT ALAMEDA/CONTRA COSTA COUNTY BOUNDARY LINE MONUMENT "72" AS SAID MONUMENT IS DESCRIBED IN THE "MONUMENT RECORD" ON FILE WITH THE CONTRA COSTA COUNTY SURVEYOR; THENCE FROM SAID POINT OF COMMENCEMENT, LEAVING SAID ALAMEDA/CONTRA COSTA COUNTY BOUNDARY LINE SOUTH 680 38' 26" EAST 764.51 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE FROM SAID POINT OF BEGINNING NORTH 150 06' 30" WEST 665.00 FEET; THENCE NORTH 90° 00' 00" EAST 500.00 FEET; THENCE SOUTH 180 06' 48" WEST 665.88 FEET; THENCE SOUTH 850 38' 00" WEST 120.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 4.53 ACRES. 88074.3 9/3/92 (RM) GTE SPRINT SITE #2 0� CANYON NORR�� 00 4 --------------- ' 7 ... V Y <t' O G P G 4G Q10 4q O Q' �► O 4 G 4� J O SITE COMM M MST # G COMM M M SITE T E # 2 P RTIC O NFW O IE DEMANN PROPERTY RANCH RO RTY WHER E CURRENT WILLIAM ON ACT ONTRA T C C WILL BE 1: RESCINDED N SC EDA D NEW W W.A. N T CO TRA C EXECUTED TED MIT -- ...... ........ % ... ................ //��/�� :Y Ve. �./�e E T. R 2 2 8 # $ 7 0 4 1 SUBDIVISION 7575 s ( W IEDEMANN ALIQ O-F RANCH ) 1499 DANVILLE BLVD CONTRA COSTA COUNTY ALAMO,CA 94507 Of tytw�{� (510) 838-5544 CALIFORNIA as roves Mw