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HomeMy WebLinkAboutMINUTES - 11241992 - H.8 ••' -, . _-'•,• TO: BOARD OF' SUPERVISORS Contra 0;;— #_ Costa FROM: HARVEY E. BRAGDON County DIRECTOR OF COMMUNITY DEVELOPMENT ', o DATE: November 17 , 1992 srA courier SUBJECT: Decision on Black Oak Estates (File #2884-RZ, FDP 3004-90 & SUB 7462 in the Danville/Diablo Area. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATION - Approve Option B. Alternative Project Actions Option A - Approve Maximum 36-Lots with 2 Hillside Lots behind Knoll 1. Accept the 1988 Athenian School General Plan Amendment Environmental Impact Report as the environmental documentation for this project. 2 . Approve the rezoning of 47 acres from General Agricultural (A- 2) to Planned Unit District (P-1) ; Final Development Plan 3004-90 and Vesting Tentative Map 7462 for a maximum of 36 single family residential lots in accord with "Revised Site Plan "A" , dated 11/10/92 . (Modify Conditions of Approval Accordingly, C/A #1.A) 3 . Introduce the ordinance giving effect to the rezoning, waive reading and set date for adoption of same. 4 . Adopt the project findings included in the Conditions of Approval and CEQA findings and mitigation monitoring program contained in Exhibit A. 5. Direct staff to file a Notice of Determination with the County Clerk. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON N° m APPROVED AS RECOMMENDED X OTHER X See Addendum for Board action. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: 1,3,4 NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: 2 ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Robert Drake - 646-2091 Orig: Community Development Department ATTESTED November 24, 1992 cc: Black Oak Estates, Inc. PHIL BATCHELOR, CLERK OF McCutcheon, Brown, Doyle & Enerson THE BOARD OF SUPERVISORS Diablo Property Owners Association COUN ADMINISTRATOR Community Development Department Public Works Department BY—OAmno , DEPUTY 2 Option B - Maximum 36-Lot Clustered Project without 2 Hillside Lots 1. Same as #1 under Option A. 2 . Approve the rezoning of 47 acres from General Agricultural (A- 2) to Planned Unit District (P-1) ; Final Development Plan 3004-90 and Vesting Tentative Map 7462 for a maximum of 36 single family residential lots in accord with "Revised Site Plan "B" , dated 11/10/92 . 3 . Same as #3 under Option A. 4 . Adopt the project findings included in the Conditions of Approval and CEQA findings and mitigation monitoring program contained in Exhibit A. 5 . Same as #5 under Option A. Option C - Maximum 34-Lot Project 1. Same as #1 under Option A. 2 . Same as #2 under Option A except that the Site Plan shall be revised in accord with Alternative Site Plan "C" instead of Revised Site Plan - A. 3 . Same as #3 under Option A. 4 . Same as #4 under Option A except that the Findings should be modified accordingly. 5. Same as #5 under Option A. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS This project was initially heard by the Board of Supervisors on September 8, 1992 at which time the Board closed the hearing and continued the project. At the October 6 meeting, the Board directed staff to work with the applicant and the Diablo Property Owners Association to review alternative site plans that would provide for less grading, and other site design concerns. November 3 Board Meeting At the November 3rd meeting, staff reported that the applicant and the DPOA had met but that the site design issues had not yet been resolved. At that time, the Board unanimously voted to declare its intent to approve the project. Concomitantly, the Board directed staff to explore with interested parties several site design matters prior to final Board action. November 10 Meeting On November 10, staff met with the applicant, and the representa- tives of the DPOA and Save Mt. Diablo. The purpose of the meeting was to determine if the site plan could be re-arranged to provide for a 36-lot project that would be acceptable to the two groups. Alternate site plans prepared by the applicant were reviewed. Both plans provided for 36 lots and reduced grading from the site plan approved by the San Ramon Valley Regional Planning Commission ("Alternate Site Plan dated 10/30/9111) . One plan (Revised Site Plan "A" , dated 11/10/92) provides for 36 lots with two hillside lots behind the knoll similar to the Commission approved lotting pattern. The other plan (Revised Site Plan "B" , dated 11/10/92) eliminates the two hillside lots from the rear portion of the property and 3 The other plan (Revised Site Plan "B" , dated 11/10/92) eliminates the two hillside lots from the rear portion of the property and relocates them in the northern portion of the site closer to Mt. Diablo Scenic Boulevard. The meeting concluded that 36 lots could not be fitted on the site to the satisfaction of both the DPOA and Save Mt. Diablo. Diablo Property Owners Association also indicated that the revised grading plan was more acceptable, but that the lot immediately south of the proposed entrance (Lot 27) should be eliminated because of the proximity of the residential site to Mt. Diablo Scenic Boulevard and the proposed fill that would elevate the residence. The Association's concerns with the alternate site plans are described in a November 12 , 1992 letter from the Association's architect, Craig & Wood Architects. November 17 Board Meeting On November 17 , staff reported to the Board the results of the November 10th meeting. At that time, the Board voted to continue the meeting again, however in so doing the Board voted its intent (and provided direction to staff) to provide for the elimination of the two hillside lots with possible consideration for their reloca- tion elsewhere on the property. However, at the same time, the Board directed staff to report back with the two alternate site plans which the applicant had prepared as project decision options for the Board to consider. PROPOSED GRADING MODIFICATIONS The two 11/10/92 revised plans ("A" & "B") provide for a signifi- cant reduction (300) in overall project grading . The plan provides for greater retention of the central knoll' s existing form (reduction in the cut slope on the south side of the knoll) . The plan also reduces the amount of padding for lots adjacent to Mt. Diablo Scenic Boulevard. As a result, more of these lots consist of sloping terrain. The proposed wall along the project frontage has also been redesigned. These changes are described in a letter dated October 29 , 1992 from the applicant. The project geotechnical consultant has reviewed the revised plan and determined that the revisions are feasible. The applicant has also told staff that the revised grading plan will prevent the grading from being completely balanced on-site; that approximately 30, 000 cubic yards of fill would have to be trucked to the site. DISCUSSION ON SITE PLAN Site Plan "B" achieves the principal concerns of the Board. Overall grading has been reduced particularly in areas that would be visible from Mt. Diablo Scenic Boulevard. More of the lots adjacent to Mt. Diablo Scenic Boulevard will provide for sloping terrain. The area behind the knoll would remain in open space. In accord with the previous conditions of approval units adjacent to Mt Diablo Scenic Boulevard would be limited to single-story and 18 feet in height, measured parallel to finished grade. The project retains the unit-count which the Commission felt was appropriate for the site. It is staff' s understanding that the hauling of the required earth material to the site could be accomplished in 1-2 weeks. The hauling of earth to the site would not result in any adverse environmental impacts. Based on these considerations, staff finds that Site Plan "B" to be superior (Option B) . The conditions of approval recommended by the Planning Commission have been modified to provide for this site plan alteration. Project findings are contained in Exhibit B that provide the necessary documentation for approval of this site plan. 4 The Board should also be aware of other site design changes which were required in the Planning Commission approval of the project which would likely result in the reduction in several lots. The changes which the Commission imposed are described in the September 8 , 1992 staff report and below under "Review of Modifications Requested by the Applicant" . As the project is presently condi- tioned, several lots along the southern tier would probably have to be eliminated. Other Project Alternatives Hillside Lot Option Should the Board determine that it would be desirable to retain the approximate lotting pattern which was approved by the Commission, then the Board could approve Site Plan "A" (Option A) . This alternative would provide for 36 lots but would retain the two hillside lots behind the knoll. Project findings to support this alternative are contained in Exhibit A. Reduced Density Option Should the Board feel that the two hillside units cannot be relocated without adversely affecting the visual character of the site, attached is Alternative. Site Plan "C" , 34-Lot Staff Study, 11/20/92 (Option C) . This site plan is a hybrid on Site Plans "A" and "B" . The two hillside units behind the knoll are eliminated and the greater structure setback sought by DPOA is provided (Lot 27 would be eliminated. The Board could adopt modified findings in Exhibits "A" or "B" to address this approval action. ALIGNMENT OF PUBLIC TRAIL On October 16, 1992 staff conducted a field trip to the site with parties who expressed interest in the proposed public trail. The field trip was attended by representatives of EBRPD, the Athenian School, Hidden Oaks at Blackhawk HOA, and Diablo Creek Tennis Club HOA. The group examined the trail alignment pursuant to the adopted General Plan and Planning Commission recommendation. Several possible trail alignments were also explored. These alternative alignments are shown on an exhibit entitled "Alterna- tive Trail Alignments Considered" . During the course of the field trip, it became evident that the proposed trail alignment would have no visual effect upon residen- ces within Hidden Oaks at Blackhawk, the residential project to the east, due to an intervening ridgeline. East Bay Regional Park District also indicated that if the District were to accept the trail dedication, that the District would maintain the existing wire fence along the Hidden Oaks boundary. Based on discussions with the various parties, it is clear that none of the alternative alignments is acceptable to all of the interested parties. I.n the absence of a consensus, staff feels that it would be prudent to adhere to the planned alignment. This alignment was recommended by the Planning Commission; is acceptable to the applicant; and is favored by staff, EBRPD and the DPOA. Therefore, no change to the trail alignment conditions of approval is recommended. REVISED DRAINAGE CONDITIONS OF APPROVAL In a memorandum dated November 3., 1992 from the Public Works Department, staff reported on the results of a study of the drainage pattern in the area. That study provided new information on historic drainage conditions. As a result of that review, modifications to the off-site drainage conditions are recommended. The primary change is that the applicant would be provided an option of either conveying run-off to the swale on the east side of 5 Mt. Diablo Scenic Boulevard, constructing a detention basin and entering into a hold-harmless agreement with the County; OR constructing downstream drainage improvements across the Scharnell property. REVIEW OF MODIFICATIONS REQUESTED BY APPLICANT The October 10, 1992 letter from the applicant requests a number of changes to the staff recommendation. Many of the requested changes pertain to conditions which were added by the Planning Commission in its review of the project. The following discussion reviews each requested change. The referenced conditions refer to the conditions of approval as approved and numbered by the Planning Commission. 1 . Finding D. 1 . : The finding on the existing watershed condi- tions which contributes to runoff in Diablo has been modified as generally requested by the applicant. 2 . Condition 4 .P: The referenced condition and Condition 23 .A. were deliberately added at the instruction of the Planning Commission. The Commission was concerned about the visibility of the project as seen from Mt. Diablo Scenic Boulevard and from the Athenian School property. As discussed in the August 8 , 1992 report to the Board, the Commission approval was intended on assuring that . the units along the southern boundary of the project would be designed as to appear as single story units when viewed from the south. If the 36-unit site plan could not assure this objective, then the Commission wished to have the number of units reduced so that this could be achieved. The condition has been framed accordingly. It is staffs view that compliance with this requirement would probably necessitate the elimination of several lots. If the Board does not feel this design restriction and the potential for further reduction of lots to be warranted, then Condition 4 .P. should be modified as requested by the appli- cant, and Condition 23 .A. should be deleted. 3 . Condition 15: The requirement to make the HOA responsible for maintaining the speed . limit signs was imposed by the Commis- sion. If the Board would like to. delete this requirement, staff would not object. 4 . Conditions 22-26: The substitute residential design guideline conditions requested by the applicant are similar to the Commission conditions. Most of the requested changes would relax the structure height limits imposed by the Planning Commission. Staff believes the structure height limits remain appropriate and does not support the requested change. 5 . Condition 34 : Staff does not agree with the request to allow full credit for park fees against the trail costs. Most projects these days are required to install some form of public trail improvements. Experience indicates that public trails of this kind are primarily used by local residents. The existing condition allows. for partial credit ($880 per lot) towards the cost of trail improvements installed by the applicant. If full credit were granted, then the project might avoid any contribution for active recreation facilities in the community (e.g. , tennis courts, play fields, community centers) . . 6 . Condition 36 .B. 1) . : Staff does not agree with •the requested change regarding proof of access for required road improve- ments. The road improvement condition has been framed such that essentially all road widening must occur on the eastern side of Mt. Diablo Scenic Boulevard (involving the Athenian School as the only other property owner on that side of the road) . Little if any widening would be necessary on the western side of the road. 6 Upgrading of the road as conditioned is a reasonable require- ment of the project because of the added traffic which it would generate. 7 . Condition 36.C. : See Response to #3 above. 8 . Condition 36. I . : The condition on requiring proof of legal access is based on a standard condition of approval for projects involving access from privately maintained roads. The Commission saw fit to modify this condition to specify what would not be an acceptable form of proof of access, and to provide notice to interested parties. After consulting with County Counsel, staff sees no reason to make the requested modification. 9 . Condition 36.0: This condition relates to the project's obligation to provide frontage road improvement requirements in compliance with the Subdivision Ordinance. The applicant would only be required to bear additional road improvement costsif the State of California agreed on the need for improvement of this section of Mt. Diablo Scenci Boulevar. No change is recommended. 10 . Condition 36.R. : The applicant has requested the elimination of the requirement to have the applicant enter into a road maintenance agreement for on-site roads and Mt. Diablo Scenic Boulevard. This project will be impacting on the existing road. After reviewing the matter with the Public Works Department, staff sees no reason to modify the Commission recommendation. REQUEST FOR EXTENSION OF FILING PERIOD The P-1 ordinance requires the applicant to commence construction within 12 months of the date of approval or the P-1 zoning becomes null and void and reverts to the previous (A-2) zoning. Section 84-66. 16 (2) (c) of the ordinance allows the Board to grant up to five one-year extensions upon showing of good cause. In a letter dated November 17 , 1992 , the applicant has requested the Board to grant in effect a 1 1/2 year extension of the filing period so that the applicant could commence construction as late as 2 1/2 years after the project approval date. However, no justification for granting such a request has been offered. Should the applicant provide good cause for extending the filing period, then the ordinance would only allow for the granting of a one-year extension. Such an extension would allow the applicant to commence construction within two years of a project approval, or seek another one-year extension request at the end of that two-year period. OTHER CONDITIONS Police Services District Pursuant to the recent policy adopted by the Board of Supervisors, the recommended conditions have been revised to provide for the establishment of a Police Services District for this project prior to filing a final map. (C/A #37) Energy Conservation Staff contacted representatives of P.G. & E. regarding possible establishment of model energy conservation standards for this project. There is a Spinnaker Ridge project being built by Royal Construction in the Brentwood area which contains model energy conservation homes under the P.G. & E. program. The P. G. & E. program is set up as a voluntary program with cash incentives to developers, and is not a mandatory .program. 7 Therecommended conditions have been revised to require the applicant to explore the desirability of participating in the P.G. & E. program. (C/A #38) Contribution to Homeless Shelter Improvement Fund The applicant- has indicated to staff that he is volunteering a contribution of $1, 000 per lot to the County's Homeless Shelter Improvement Fund. Acknowledgement of this offer is provided in Advisory Note "K" at the end of the conditions of approval. Monument Tree Advisory Note "L" has been added to acknowledge the applicant's offer to provide a monument plaque at the monarch oak tree atop the central knoll of the project site in the memory of Dan and Arlene Reid, neighborhood residents who were victims of a fatal accident within the past year. HEARING ON ALTERNATIVE FINDINGS On September 8 , the Board closed the hearing on the merits of the project. However, the public must be provided an opportunity to comment on the alternative findings before a Board approval can be made. RD/aa BDVI/2884-RZ.BD ADDENDUM FOR ITEM H. 8 NOVEMBER 24 , 1992 On November 17, 1992, the Board of Supervisors continued to this date the decision on the request of Bryan Murphy Associates (applicant) and Black Oak Estates (owner) to rezone land (2884- RZ) in the Diablo/Blackhawk area, and the decision on Development Plan 3004-90 and Subdivision 7462 . On November 3 , 1992 , the Board of Supervisors had declared its intent to approve the project . Supervisor Schroder clarified that at the last meeting the Board had declared its intent to remove two lots in back of the knoll and to consider a new map that would allow for 36 units, since it was not the intention of the Board to reduce the number of units but to move the two lots and he commented on the map that has been supplied by the applicant along with a letter requesting that the 36 lots be located as shown on the map and he further expressed his concurrence with that . Dennis Barry, Community Development Department, presented the staff report on the two maps A and B and he commented on two modifications, one on Condition 4a and Advisory Note L and changes to findings item number two in the environmental findings . Mr. Barry recommended that the Board approve Option B, the alternative that had the two lots moved down to the front . Supervisor Schroder moved the staff recommendation to adopt Option B with the changes in the conditions and indicated his understanding that the buildings would come before the Zoning Administrator for review and he moved to eliminate condition 23a and let the Zoning Administrator and the architect work together to fit the homes into the natural terrain. Supervisor Powers seconded the motion. The Board discussed the motion. The following persons presented testimony: William Wood, Craig Wood Architects, 301 Hartz Avenue #301, Danville; Seth Adams, P.O. Box 44, Martinez, representing Save Mt . Diablo; Victor Westman, County Counsel, commented that a letter for the record had been received from Hal F. Seibert, 1200 Concord Avenue, Suite 260 , Concord. The applicant spoke in rebuttal . The public hearing was closed. Supervisor Schroder again restated his motion to approve Option B with the amendments and he commented on his reasons for moving the 36 lots . Supervisor Mc Peak requested clarification if the motion included the straight line dedication of the area that the two lots are being removed from as requested by Save Mt . Diablo. The applicant indicated concurrence and Mr. Barry indicated that it could be worked out between the applicant and staff . Supervisor Torlakson indicated that he would like condition 23a included and that he was in favor of Option C and could not support the motion. Supervisor McPeak requested application of two conditions relative the electric car recharging and the coupling devices and also to the use of reclaimed water and landscaping. Supervisor McPeak also noted that moving the two lots off of the area did not trigger the commitment of Save Mt . Diablo to contribute to the Homeless Fund. Supervisor Torlakson requested further clarification on condition 23a to have the homeowners ' group and Save Mt . Diablo notified of the Zoning Administrator' s hearings on the architectural design. Supervisor McPeak advised that the motion would include notice to the neighbors on the Zoning Administrator' s review of the design. Supervisor Schroder also requested that the Diablo Property Owners ' Association be included in that notice . Supervisor McPeak clarified that the motion was to adopt the findings, to approve the proposal with. the two lots moved but incorporated into the project and to direct the Community Development Department to bring back to the Board the amended conditions of approval for ratification. IT IS BY THE BOARD ORDERED that the staff recommended Option B is APPROVED; with amended conditions and findings; Community Development Department staff is DIRECTED to return for Board ratification on December 8, 1992, the written amended conditions and revised findings; Ordinance No. 92-24, giving effect to the rezoning, is INTRODUCED, reading waived, and December 8, 1992, is set for adoption of same . BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA BLACK OAR ESTATES REZONING APPLICATION 2884-RZ DEVELOPMENT PLAN 3004-90 SUBDIVISION 7462 PROJECT FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA" ) These findings are made by the Board of Supervisors of Contra Costa County ( "Board" ) , California, pursuant to the California Environmental Quality Act ( "CEQA" ) , Public Resources Code sections 21000 et seg. , the CEQA Guidelines, and County regulations promulgated thereunder . The overall project consists of residential development and related facilities and open space (the "Project" ) . These findings include this Board' s findings and determinations regarding the approvals for the Project now before this Board, which are Rezoning No . 2884-RZ, Development Plan 3004-90 , and Subdivision 7462 (the "1992 Approvals" ) . I . INTRODUCTION A. The Proiect. 1 . This Project was first approved in 1989 , when, at the request of the Athenian School , the Board of Supervisors approved an amendment to the County' s General Plan. The purpose of the General Plan amendment was to facilitate the sale of a portion of the Athenian School ' s property (that portion now being the Project site) to provide funds for the School ' s endowment, to promote the continued viability of the School , and to provide funds for scholarships and other programs . The General Plan amendment changed the land use designation of the Black Oak Estates site to allow for low-density single-family residential development, open space, and parks and recreation uses . 4 . Applications for the approvals now before this Board were received in February 1990 proposing 45 single-family units, the number allowed by the General Plan. After receipt of supplemental documentation, the applications were accepted as complete in October 1990 . 5 . The San Ramon Valley Regional Planning Commission reviewed the Project and held public hearings at a number of hearings and public meetings between June 6, 1991 and April 8, 1992 . Additionally, County staff and the Project Applicant participated in a number of neighborhood meetings 1 11� IT with residents in the area. After reviewing various issues relating to the Project, the Planning Commission voted to recommend approval of this Project for a maximum of 36 units . The reduction in the number of units was partly based on the recommendations of neighboring property owners and the Diablo Property Owners Association. 6 . This Board began consideration of this Project on September 8, 1992, and continued the matter to October 6 and then to November 3 to receive further comments and to allow for consultation between the Project Applicant and an architect representing surrounding property owners . That consultation took place, and this Board on November 3 instructed staff to prepare final conditions of approval and these findings . B. The EIR. 1 . A draft Environmental Impact Report ( "EIR" ) was prepared for the Project in March 1988 . The EIR evaluated the impacts of changing land uses on this property and developing up to 45 homes and related facilities . The draft EIR was circulated for public and agency comments, responses were prepared, and a final EIR was prepared in August 1988 . This EIR was prepared by a consultant under contract to the County, and was approved by this Board in its independent judgment as decisionmaking body for the County as lead agency. 2 . This Board certified in July 1989 that the EIR for the Project was adequate and had been completed in compliance with the California Environmental Quality Act . At that time, this Board complied with CEQA' s findings requirements by adopting detailed findings regarding each of the Project ' s impacts, mitigation measures, and alternatives . Also in July 1989 , County staff posted and filed a Notice of Determination pursuant to CEQA. 3 . In its 1989 findings, this Board also evaluated several changes to the Project which were made after the EIR was completed in 1988 and as part of the 1989 General Plan Amendment approval . These changes included the addition of a Parks and Recreation designation in the General Plan Amendment, direction that special consideration be given to the knoll area on the Black Oak site, review of future development to provide a buffer to Mt . Diablo State Park, addition of designated open space around the Athenian School campus, and the addition and amendment of trail plans . The Board found that these changes in the General Plan Amendment did not require preparation of a supplemental or subsequent EIR because these changes would reduce environmental impacts of the- Project and would not result in any new significant impacts . 2 4 . In connection with these 1992 Approvals, County staff and this Board have evaluated whether conditions mandating further environmental review have occurred since 1989 . Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162, this Board may not require a subsequent or supplemental EIR unless one or more of the following events occur : a. Substantial changes are proposed in the Project that will require major revisions of the EIR because of new significant impacts; b. Substantial changes occur with respect to the circumstances under which the Project is being undertaken that will require major revisions in the EIR because of new significant impacts; or C . Significant new information that was not known and could not have been known at the time the Environmental Impact Report was certified as complete becomes available, and this information indicates ( i) new or substantially more severe significant impacts , or ( ii) the feasibility of mitigation measures or alternatives previously believed to be infeasible that would substantially reduce one or more significant impacts . 5 . To determine whether a subsequent or supplemental EIR could be required, County staff prepared a notice of intent to use the EIR for these 1992 Approvals . This notice of intent was issued on December 1, 1990 and circulated for comment to public agencies, nearby residents, the Diablo Property Owners Association and other potentially interested groups . This notice provided for a public comment period extending to January 2, 1991 . County staff evaluated the comments received in response to this notice and determined that no new environmental impacts were raised that were not previously reviewed in the EIR. 6 . Based on its review of the standards set forth in Public Resources Code section 21166 and CEQA Guidelines section 15162 and all of the evidence in the record, this Board finds the preparation of a supplemental EIR or subsequent EIR is not required to address any changes in the Project, changes in circumstances , or new information. This Board finds there are no such changes or new information requiring a subsequent or supplemental EIR, either in general or with respect to environmental effects peculiar to this Project . This finding is set forth in detail under heading II .B, below. 3 C. The Applications Under Consideration. The 1992 Approvals now before this Board include approval of a rezoning, development plan, and vesting tentative subdivision map for 36 units, with conditions of approval . II. ENVIRONMENTAL FINDINGS A. Prior Findings for the Project 1 . As stated above, this Board' s detailed findings regarding the impacts, mitigation measures, and project alternatives identified in the EIR for this Project were adopted in 1989 when this Board approved the Project . These findings are a part of the record before this Board with respect to these 1992 Approvals . 2 . As a part of this Board' s consideration of the Project in 1989 , this Board certified that the EIR had been completed in compliance with CEQA, that the EIR had been presented to this Board, and that this Board had reviewed and consider the information in the EIR prior to approving the Project. As a part of this Board' s consideration of these 1992 Approvals, this Board reviewed and considered the EIR, particularly in the context of determining there are no significant changes or new information requiring a subsequent or supplemental EIR for the 1992 Approvals . B. No Significant Changes or New Information 1 . Some changes have been made to the Project since the 1989 General Plan Amendment, and these changes are reflected in the 1992 Approvals . These changes are the following: a. Special consideration has been given to the knoll in the site plans, and the lots have been removed from the knoll . All lots are now located away from the knoll , either behind it or lower on the Project site. b. The number of units to be constructed has been reduced by 20% from 45 (the maximum allowed under the General Plan Amendment) to 36 (the number of units included in the 1992 Approvals) . The reduction in the number of lots will protect additional oak trees on the site and provide for keeping 55% of the site in open space. Also, in response to concerns raised at this Board' s hearings on the 1992 Approvals, the site plans were further revised to reduce the amount of grading necessary for the remaining 36 lots . C . Specific conditions of approval have been prepared to implement mitigation measures recommended in 4 the EIR. A more specific mitigation measure on drainage was added after Public Works staff reviewed historical drainage information provided by neighboring property owners . As set forth below, this more specific measure implements the mitigation measure set forth in the EIR. Also, a specific measure on energy conservation has been added in these findings, and this measure implement the energy conservation mitigation recommended in the EIR. d. The Applicant has agreed to pay the sum of $1, 000 per developed lot to the County homeless fund, to be paid at the time of building permit issuance. 2 . This Board finds these changes in the Project do not require preparation of a supplemental or subsequent EIR, because these changes reduce the overall impacts of the Project by reducing the number of units on the site, and these changes do not give rise to new significant impacts not previously analyzed in the EIR. The grading changes, made in response to neighborhood concern, reduce the visual impacts of the project to surrounding neighbors by lowering the graded slopes and reduce the impacts on the project site by reducing the amount of earth to be graded by approximately 40% . The more specific conditions of approval are not changes in the project, because they implement the mitigation measures which were already identified in the EIR. The homeless funding does not make any physical change to the project or create any impacts on the environment, and is a fiscal benefit to the County. 3 . Correspondence to this Board suggested that the Project Applicant has an option to purchase the Athenian School Property, adjacent to the Black Oak site, for further development . Both the Project Applicant and representatives of the Athenian School stated that no such option agreement exists . Based upon this evidence, this Board finds the Project has not been changed to include possible development of the Athenian School property. This Board also finds the assertion relating to a possible option contract does not constitute significant new information because evidence submitted to this Board confirms there is no such option agreement . 4 . Correspondence submitted to this Board also suggested that information regarding the drainage patterns on and near the Project site constitutes new information requiring a subsequent or supplemental EIR. This information was not submitted to the Board in connection with the 1989 General Plan Amendment . Notwithstanding this, Public Works staff analyzed this material and the historic drainage patterns on the property. Following this review, Public Works staff recommended imposing a revised condition of approval calling for either (a) an on-site detention basin and funding for other 5 downstream improvements, if the pipe across the Scharnell property is not replaced; or (b) a new pipe across the Scharnell property, a new cross culvert across Mt . Diablo Scenic Boulevard, and other downstream improvements . This revised condition is consistent with, and implements, the Draft EIR' s recommended mitigation measures, which were imposed as a condition of approval to the Athenian School General Plan Amendment . The Draft EIR also called for such mitigation, with either a detention basin or replacement of downstream pipes . 5 . This Board finds the correspondence and related information regarding drainage is not new information requiring preparation of a subsequent or supplemental EIR. There are several independent bases for this finding. This information could have been known in 1989 and was not provided then. Also, County staff reviewed this information and recommended imposing a condition of approval which implements the mitigation measure identified in the EIR as reducing this impact to a level of insignificance. The information accordingly does not indicate any new significant impact or indicate that any mitigation or project alternatives previously found to be infeasible now is feasible. 6 . Before both this Board and the San Ramon Valley Regional Planning Commission, substantial information was provided on the question of the Applicant ' s legal right of Access to the Project site. County Counsel has advised this Board that applicants must provide evidence of the legal right to such access prior to final map approval , pursuant to the County Subdivision Ordinance. County Counsel tentatively concluded that the applicant has provided sufficient evidence of such access . By operation of law, the County Subdivision Ordinance requiring such evidence of access has always applied to this Project, so the access question is not a change in the project or a change in circumstances . The submitted information does not constitute new information requiring a subsequent or supplemental EIR, because the information could have been presented in 1989 , because no environmental impact relating to access rights has been identified, and because any impact will necessarily be avoided in compliance with the County Subdivision Ordinance by providing access as required prior to approval of a final map. 7 . Since this Board' s adoption of the 1989 General Plan Amendment, this Board has adopted a new County general plan. Adoption of the new General Plan does not constitute a change in circumstances or a change in the Project because the Athenian School General Plan Amendment was included in the new General Plan. Accordingly, this Board finds that adoption of the 1991 General Plan is not a basis for requiring a new EIR. As set forth below, this Board finds that the Project is consistent with the new General Plan. 6 8 . Accordingly, this Board finds that there are no changes in the Project, changes in circumstances, or new information sufficient to require preparation of a subsequent or supplemental EIR, either with respect to environmental impacts in general or with respect to environmental effects of this Project in particular : There are two independent bases for this finding. The various matters raised in connection with these 1992 Approvals were analyzed in the EIR or , alternatively, do not give rise to new significant impacts or show that mitigation measures or alternatives previously determined to be infeasible are now feasible. 9 . As a separate and independent matter supporting these 1991 Approvals, this Board finds pursuant to CEQA Guideline 15183 that there are no environmental effects peculiar to this Project which have not been analyzed in the EIR for this Project and which would require preparation of a subsequent or supplemental EIR. C. Mitigation measures 1 . In its 1989 findings, this Board determined that all of the recommended mitigation measures were imposed as conditions of approval to the General Plan Amendment for the Project, with the exception of a lot line adjustment . The lot line adjustment was recommended to provide a buffer, and was rejected as infeasible because the State Department of Parks and Recreation indicated it did not wish to consent to such a lot line adjustment and such consent was required. 2 . This Board finds that, because no new significant effects are present, no additional mitigation measures beyond those initially recommended in the EIR need to be imposed. 3 . The EIR mitigation measures are summarized in the 18-page staff report on mitigation monitoring that was included in the staff report packet presented to this Board in connection with these 1992 Approvals . This Board hereby imposes all of the EIR mitigation measures, as conditions of approval to these 1992 Approvals , excepting only those measures already rejected in this Board' s 1989 findings for this project . 4 . Without limiting the foregoing general statement, in the design of individual homes, the applicant or builder shall make some provision for passive or natural heating and cooling opportunities . Such opportunities may include solar water heating systems, energy-efficient appliances, insulation, passive solar design and other measures outlined in Appendix F, Item 6, of the Draft EIR. The . applicant or builder shall be responsible for determining which of these energy conservation measures are feasible and 7 consistent with overall project and individual homesite design. This measure shall be included in the residential design guidelines set forth in the conditions of approval prepared by staff . 5 . As previously stated, this Board finds that the imposition of specific conditions of approval to implement EIR mitigation measures, such as the revised condition on drainage and the foregoing condition on energy conservation, is not a substantial change in the Project requiring a subsequent or supplemental EIR. D. Mitigation Monitoring 1 . Section 21081 . 6 of the California Public Resources Code requires this Board to adopt a monitoring or reporting program at the same time this Board adopts findings regarding mitigation measures for a project . When the Board adopted its findings for this Project in 1989 , this Board satisfied this requirement by adopting a mitigation monitoring and reporting program calling for periodic reports by the Project Applicant . As stated in the 1989 Findings , County staff would review these reports to determine if there were any unusual delay in implementing the mitigation measures , with a procedure for Zoning Administrator or other action if needed to implement the mitigation measures . Implementation of the monitoring program and the reporting requirements is triggered by these 1992 Approvals for this Project . 2 . This reporting and monitoring program will be implemented in accordance with the more detailed program set forth in the September 8 staff report accompanying Board consideration of these 1992 Approvals . This 18—page report identifies the mitigation review responsibility of various County agencies, and restates the requirement for reports every six months . This report is hereby adopted to implement the monitoring program adopted in 1989 . E. Prior Statement of overriding Considerations In 1989, this Board complied with CEQA Guideline 15093 by adopting a Statement of Overriding Considerations for approval of this Project . That Statement concluded that the each unavoidable impact of the Project was outweighed by a number of project benefits . These project benefits included provision of needed housing, improvements and fees for public services and facilities, funding to help insure the viability of the Athenian School as an important educational resource within the County, scholarship funding, traffic improvements, construction jobs, increased property tax revenues, and:. possible child care funding pursuant to the County child care ordinance. These benefits also included environmental 8 benefits, including preservation of open space and eliminating the possibility of the intensive campus expansion previously included in plans for the site. III . FINDINGS REGARDING ADOPTION OF THE REZONING, FINAL DEVELOPMENT PLAN, AND SUBDIVISION MAP PURSUANT TO COUNTY CODE AND SUBDIVISION MAP ACT REQUIREIENTS A. Rezoning from General Agricultural to Planned Unit District The following findings by this Board expand upon the Planned Unit District findings as set forth in the conditions of approval for the 1992 Approvals . 1 . As required by state law, the zoning change is consistent with the County General Plan. As required by County ordinance, the zoning change substantially complies with the County General Plan. a. Applications for these 1992 Approvals were filed and determined to be complete prior to adoption of the new County General Plan. Accordingly, the applications were processed by staff pursuant to the County' s prior General Plan, and staff determined that the proposed approvals were consistent with the prior General Plan. This Board confirms staff ' s finding that these 1992 Approvals are consistent with the prior General Plan. b. In addition, and as a separate and independent finding in the alternative, this Board finds that these 1992 Approvals are consistent with the new County General Plan. The Athenian School General Plan Amendment was included in the new General Plan, and the site is designated in that plan for this type of development . C . The proposed site plan is consistent with the Athenian School General Plan Amendment, which was incorporated into the prior General Plan. The proposed site plan is also consistent with the new General Plan, because the Athenian School General Plan Amendment is included in the new Plan as well . The site is and was designated for residential development and open space preservation. Both uses are included in the rezoning, consistent with the Plan. d. Consistent with the plan and direction given when this Board approved the Athenian School General Plan Amendment, the proposed site plan will minimize grading, preserve the existing creekbed and preserve many mature, indigenous trees . The project will be required to maintain a large portion of the area in open space including an offer of dedication to Mt . Diablo State Park. 9 e. The zoning change and the Project implement, and do not contravene, the policies of the prior General Plan and the policies of the new General Plan. Specifically, the Project is consistent with County General Plan policies on scenic roads, which call for protecting natural qualities, maximizing access, maintaining views, and using design flexibility, using planned unit developments, and providing special protection for natural topographic features . The Project uses the planned unit development process and protects the knoll on the site. This Project also maintains the character of Mt . Diablo Scenic Boulevard as a rural road. The project maximizes access by providing a trail facility and maintains views by protecting the knoll and preserving a substantial amount of the site in open space. 2 . The Project will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the nearby community. By providing for open space near the park and creek, the project is consistent with the surrounding park use. By providing for residential development near the existing Diablo neighborhood, and by maintaining Mt . Diablo Scenic Boulevard as a rural road in accordance with neighborhood wishes, the project is consistent with surrounding residential development . 3 . The community need for this project has been identified by the County General Plan, which calls for provision of housing and which designates this site to provide housing. B. Final Development Plan 1 . This Board finds that the applicant intends to begin construction within two and one-half years from the effective date of these 1992 Approvals . 2 . This Board finds that the proposed planned unit development is consistent with the County General Plan, as set forth above. In adopting the Athenian School General Plan Amendment, this Board specifically directed that the planned unit development process be used to allow development on the site while also preserving substantial portions of the site in open space. 3 . This Board finds that the Project will constitute a residential development of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood, as set forth above. 4 . This Board finds that the development of _a harmonious and integrated plan, and especially the ability to cluster units to preserve open space and the knoll, justify 10 exceptions from the normal application of the County Code. The Project as currently designed includes open space, residential sites, and trail facilities justifying the application of the flexibility available under a P-1 District . 5 . This Board finds the final development plan satisfies County criteria by indicating the location and design of the development and providing other information required by the County Ordinance Code. This Board finds the plan satisfies design objectives set forth in the County Ordinance Code by designing land coverage and other aspects of the Project to preserve natural features, minimize visual impacts, and provide for compatibility with (and a transition between) the residential areas adjacent to the site on one side with open space adjacent to the site. C. Subdivision Map 1 . This Board finds, pursuant to Government Code section 66473, that the proposed subdivision meets and satisfies all of the requirements and conditions imposed by the Subdivision Map Act and County Subdivision Ordinance, as mandated by the conditions of approval requiring this subdivision to comply with County Ordinance provisions prior to filing of a final map. 2 . This Board finds, pursuant to Government Code section 66473 . 5 and County Ordinance Code section 92-8 . 002, that the subdivision, together with its design and improvement plans, is consistent with the County General Plan. As mentioned above, the General Plan provides for residential development on the site and the project provides for minimizing grading, preserving trees, and preserving the existing creekbed. The required consideration has been given to the knoll on the site by removing homes from the knoll and placing them instead either behind the knoll or on lower portions of the site. This Board also finds that no specific plan applies to this site or approval of this subdivision. 3 . This Board finds, pursuant to Government Code section 66473 . 1 , that the design of the proposed subdivision and the conditions of approval , provide for future passive or natural heating or cooling opportunities within the subdivision. This is incorporated in the Project by the requirement, set forth above as an additional condition of approval , requiring the design of homes to incorporate such measures to the extent feasible . 4 . This Board finds , pursuant to Government Code section 65567, that the proposed subdivision is consistent with the open space element of the County General Plan. The Athenian School General Plan Amendment was incorporated into 11 the prior General Plan to provide for residential uses at the site, and that General Plan Amendment was incorporated into the new General Plan. 5 . This Board finds, pursuant to Government Code section 66474, that the proposed subdivision is consistent with the the County General Plan for all the reasons previously stated in these findings, and that no specific plan applies to the Project site. This Board finds the site is suitable for this type and density of development because the Project is compatible with adjacent residential development and because the Project, by preserving substantial open space and preserving the knoll on-site, provides a transition from nearby residential development to the open spaces of Mt . Diablo State Park. This Board finds the Project will not cause substantial environmental damage or injure fish or wildlife habitat because most Project impacts can and will be mitigated, and sensitive species are not located on the site. Finally, there is no evidence before this Board the Project will cause public health problems or conflict with easements over the Project site. 6 . This Board finds , pursuant to Government Code section 66474 . 6, that the Project will not result in violation of any regional water quality control board standard relating to sewage. The site is served by the Contra Costa Sanitary District, capacity is available, and development will increase the volume of treated sewage by no more than . 003% (three-thousandths of one percent) . 7 . This Board finds, pursuant to Government Code section 66412 .3 , that approval of the proposed subdivision is appropriate because the Project will help to satisfy housing needs by providing housing. This is accomplished in balance with public service needs and available fiscal and environmental resources because public services are available to serve the site, the applicant will provide connections to public services, and the Project will preserve environmental resources by saving a substantial portion of the site in open space. 8 . The findings of this Board regarding the creekbank setback and the possible construction and maintenance of a detention basin as part of this project are set forth in the conditions of approval for this project as prepared by staff and included in the staff report packet presented to this Board. 12 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA BLACK OAR ESTATES REZONING APPLICATION 2884-RZ DEVELOPMENT PLAN 3004-90 SUBDIVISION 7462 PROJECT FINDINGS PURSUANT TO THE CALIFORNIA ENVIROWIENTAL QUALITY ACT ( "CEQA" ) These findings are made by the Board of Supervisors of Contra Costa County ( "Board" ) , California, pursuant to the California Environmental Quality Act ( "CEQA" ) , Public Resources Code sections 21000 et sec . , the CEQA Guidelines , and County regulations promulgated thereunder . The overall project consists of residential development and related facilities and open space (the "Project" ) . These findings include this Board ' s findings and determinations regarding the approvals for the Project now before this Board, which are Rezoning No . 2884-RZ, Development Plan 3004-90, and Subdivision 7462 (the "1992 Approvals" ) . I . INTRODUCTION A. The Project. 1 . This Project was first approved in 1989 , when, at the request of the Athenian School , the Board of Supervisors approved an amendment to the County' s General Plan. The purpose of the General Plan amendment was to facilitate the sale of a portion of the Athenian School ' s property (that portion now being the Project site) to provide funds for the School ' s endowment, to promote the continued viability of the School , and to provide funds for scholarships and other programs . The General Plan amendment changed the land use designation of the Black Oak Estates site to allow for low-density single-family residential development, open space, and parks and recreation uses . 2 . Applications for the approvals now before this Board were received in February 1990 proposing 45 single-family units , the number allowed by the General Plan. After receipt of supplemental documentation, the applications were accepted as complete in October 1990 . 3 . The San Ramon Valley Regional Planning Commission reviewed the Project and held public hearings at a number of hearings and public meetings between June 6, 1991 and April 8, 1992 . Additionally, County staff and the Project Applicant participated in a number of neighborhood meetings 1 Hie with residents in the area. After reviewing various issues relating to the Project, the Planning Commission voted to recommend approval of this Project for a maximum of 36 units . The reduction in the number of units was partly based on the recommendations of neighboring property owners and the Diablo Property Owners Association. 4 . This Board began consideration of this Project on September 8, 1992, and continued the matter to October 6 and then to November 3 to receive further comments and to allow for consultation between the Project Applicant and an architect representing surrounding property owners . That consultation took place, and this Board on November 3 instructed staff to prepare final conditions of approval and these findings . On November 17, this Board declared its intent to move two lots from their location behind a knoll on the property, in response to concerns expressed by Save Mt . Diablo . B. The EIR. 1 . A draft Environmental Impact Report ( "EIR" ) was prepared for the Project in March 1988 . The EIR evaluated the impacts of changing land uses on this property and developing up to 45 homes and related facilities . The draft EIR was circulated for public and agency comments, responses were prepared, and a final EIR was prepared in August 1988 . This EIR was prepared by a consultant under contract to the County, and was approved by this Board in its independent judgment as decision making body for the County as lead agency. 2 . This Board certified in July 1989 that the EIR for the Project was adequate and had been completed in compliance with the California Environmental Quality Act . At that time, this Board complied with CEQA' s findings requirements by adopting detailed findings regarding each of the Project ' s impacts, mitigation measures , and alternatives . Also in July 1989 , County staff posted and filed a Notice of Determination pursuant to CEQA. 3 . In its 1989 findings , this Board also evaluated several changes to the Project which were made after the EIR was completed in 1988 and as part of the 1989 General Plan Amendment approval . These changes included the addition of a Parks and Recreation designation in the General Plan Amendment, direction that special consideration be given to the knoll area on the Black Oak site, review of future development to provide a buffer to Mt . Diablo State Park, addition of designated open space around the Athenian School campus , and the addition and amendment of trail plans . The Board found that these changes in the General Plan Amendment did not require preparation of a supplemental or subsequent EIR because 2 these changes would reduce environmental impacts of the Project and would not result in any new significant impacts . 4 . In connection with these 1992 Approvals, County staff and this Board have evaluated whether conditions mandating further environmental review have occurred since 1989 . Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162, this Board may not require a subsequent or supplemental EIR unless one or more of the following events occur : a. Substantial changes are proposed in the Project that will require major revisions of the EIR because of new significant impacts; b. Substantial changes occur with respect to the circumstances under which the Project is being undertaken that will require major revisions in the EIR because of new significant impacts; or C. Significant new information that was not known and could not have been known at the time the Environmental Impact Report was certified as complete becomes available, and this information indicates ( i) new or substantially more severe significant impacts, or ( ii) the feasibility of mitigation measures or alternatives previously believed to be infeasible that would substantially reduce one or more significant impacts . 5. To determine whether a subsequent or supplemental EIR could be required, County staff prepared a notice of intent to use the EIR for these 1992 Approvals . This notice of intent was issued on December 1, 1990 and circulated for comment to public agencies, nearby residents, the Diablo Property Owners Association and other potentially interested groups . This notice provided for a public comment period extending to January 2 , 1991 . County staff evaluated the comments received in response to this notice and determined that no new environmental impacts were raised that were not previously reviewed in the EIR. 6 . Based on its review of the standards set forth in Public Resources Code section 21166 and CEQA Guidelines section 15162 and all of the evidence in the record, this Board finds the preparation of a supplemental EIR or subsequent EIR is not required to address any changes in the Project, changes in circumstances, or new information. This Board finds there are no such changes or new information requiring a subsequent or supplemental EIR, either in general or with respect to environmental effects peculiar to this Project . This finding is set forth in detail under heading II .B, below. 3 C. The Applications Under Consideration. The 1992 Approvals now before this Board include approval of a rezoning, development plan, and vesting tentative subdivision map for 36 units , with conditions of approval . II. ENVIRONME24TAL FINDINGS A. Prior Findings for the Project 1 . As stated above, this Board ' s detailed findings regarding the impacts, mitigation measures , and project alternatives identified in the EIR for this Project were adopted in 1989 when this Board approved the Project . These findings are a part of the record before this Board with respect to these 1992 Approvals . 2 . As a part of this Board ' s consideration of the Project in 1989 , this Board certified that the EIR had been completed in compliance with CEQA, that the EIR had been presented to this Board, and that this Board had reviewed and consider the information in the EIR prior to approving the Project. As a part of this Board' s consideration of these 1992 Approvals, this Board reviewed and considered the EIR, particularly in the context of determining there are no significant changes or new information requiring a subsequent or supplemental EIR for the 1992 Approvals . B. No Significant Changes or New Information 1 . Some changes have been made to the Project since the 1989 General Plan Amendment, and these changes are reflected in the 1992 Approvals . These changes are the following: a. Special consideration has been given to the knoll in the site plans , and the lots have been removed from the knoll . All lots are now located away from the knoll , lower on the Project site. When this Project came before the Board, two lots were to be located behind this knoll but no lots were located on the knoll itself . In response to the objections of Save Mt . Diablo to the location of these two lots, these lots have been moved to the lower part of the site . b. The number of units to be constructed has been reduced by 20% from 45 (the maximum allowed under the General Plan Amendment) to 36 (the number of units included in the 1992 Approvals) . The reduction in the number of lots (together with moving the two lots from behind the knoll) will protect additional oak trees on the site and provide for keeping over 55% of the site in open space. Also, in response 4 to concerns raised at this Board' s hearings on the 1992 Approvals, the site plans were further revised to reduce the amount of grading necessary for the remaining 36 lots . C . Specific conditions of approval have been prepared to implement mitigation measures recommended in the EIR. A more specific mitigation measure on drainage was added after Public Works staff reviewed historical drainage information provided by neighboring property owners . As set forth below, this more specific measure implements the mitigation measure set forth in the EIR. Also, a specific measure on energy conservation has been added in these findings, and this measure implement the energy conservation mitigation recommended in the EIR. d. The Applicant has agreed to pay the sum of $1, 000 per developed lot to the County homeless fund, to be paid at the time of building permit issuance. 2 . This Board finds these changes in the Project do not require preparation of a supplemental or subsequent EIR, because these changes reduce the overall impacts of the Project by reducing the number of units on the site, and these changes do not give rise to new significant impacts not previously analyzed in the EIR. The grading changes, made in response to neighborhood concern, reduce the visual impacts of the Project to surrounding neighbors by lowering the graded slopes and reduce the impacts on the Project site by reducing the amount of earth to be graded by approximately 400 . The more specific conditions of approval are not changes in the Project, because they implement the mitigation measures which were already identified in the EIR. The homeless funding does not make any physical change to the Project or create any impacts on the environment, and is a fiscal benefit to the County. 3 . This Board' s decision to change the Project by moving two lots does not require preparation of a supplemental or subsequent EIR for several reasons . This change reduces -impacts on the area around and behind the knoll by avoiding development there. With respect to the lower portion of the Property, this impact does not give rise to new impacts not previously analyzed in the EIR because the EIR analyzed the impact of 37 homes on the lower area of the property (the conceptual plan in the Draft EIR showed six lots on the knoll, two lots behind it, and 37 lots on lower areas of the site, for a total of 45) . The impacts of this Project as approved on the lower site will be slightly less than the impacts analyzed on the EIR, because the number of homes in this area was reduced from 37 to 36 . 5 4 . Correspondence to this Board suggested that the Project Applicant has an option to purchase the Athenian School Property, adjacent to the Black Oak site, for further development . Both the Project Applicant and representatives of the Athenian School stated that no such option agreement exists . Based upon this evidence, this Board finds the Project has not been changed to include possible development of the Athenian School property. This Board also finds the assertion relating to a possible option contract does not constitute significant new information because evidence submitted to this Board confirms there is no such option agreement . 5 . Correspondence submitted to this Board also suggested that information regarding the drainage patterns on and near the Project site constitutes new information requiring a subsequent or supplemental EIR. This information was not submitted to the Board in connection with the 1989 General Plan Amendment . Notwithstanding this, Public Works staff analyzed this material and the historic drainage patterns on the property. Following this review, Public Works staff recommended imposing a revised condition of approval calling for either (a) an on-site detention basin and funding for other downstream improvements , if the pipe across the Scharnell property is not replaced; or (b) a new pipe across the Scharnell property, a new cross culvert across Mt . Diablo Scenic Boulevard, and other downstream improvements . This revised condition is consistent with, and implements , the Draft EIR' s recommended mitigation measures, which were imposed as a condition of approval to the Athenian School General Plan Amendment , The Draft EIR also called for such mitigation, with either a detention basin or replacement of downstream pipes . 6 . This Board finds the correspondence and related information regarding drainage is not new information requiring preparation of a subsequent or supplemental EIR. There are several independent bases for this finding. This information could have been known in 1989 and was not provided then. Also, County staff reviewed this information and recommended imposing a condition of approval which implements the mitigation measure identified in the EIR as reducing this impact to a level of insignificance. The information accordingly does not indicate any new significant impact or indicate that any mitigation or project alternatives previously found to be infeasible now is feasible. 7 . Before both this Board and the San Ramon Valley Regional Planning Commission, substantial information was provided on the question of the Applicant ' s legal right of access to the Project site. County Counsel has advised this Board that applicants must provide evidence of the legal right to such access prior to final map approval , pursuant to the 6 County Subdivision Ordinance. County Counsel tentatively concluded that the applicant has provided sufficient evidence of such access . By operation of law, the County Subdivision Ordinance requiring such evidence of access has always applied to this so the access question is not a change in the Project or a change in circumstances . The submitted information does not constitute new information requiring a subsequent or supplemental EIR, because the information could have been presented in 1989, because no environmental impact relating to access rights has been identified, and because any impact will necessarily be avoided in compliance with the County Subdivision Ordinance by providing access as required prior to approval of a final map. 8 . Since this Board' s adoption of the 1989 General Plan Amendment, this Board has adopted a new County general plan. Adoption of the new General Plan does not constitute a change in circumstances or a change in the Project because the Athenian School General Plan Amendment was included in the new General Plan. Accordingly, this Board finds that adoption of the 1991 General Plan is not a basis for requiring a new EIR. As set forth below, this Board finds that the Project is consistent with the new General Plan. 9 . Accordingly, this Board finds that there are no changes in the Project, changes in circumstances , or new information sufficient to require preparation of a subsequent or supplemental EIR, either with respect to environmental impacts in general or with respect to environmental effects of this Project in particular . There are two independent bases for this finding. The various matters raised in connection with these 1992 Approvals were analyzed in the EIR or, alternatively, do not give rise to new significant impacts or show that mitigation measures or alternatives previously determined to be infeasible are now feasible. 10 . As a separate and independent matter supporting these 1992 Approvals, this Board finds pursuant to CEQA Guideline 15183 that there are no environmental effects peculiar to this Project which have not been analyzed in the EIR for this Project and which would require preparation of a subsequent or supplemental EIR. C. Mitigation Measures 1 . In its 1989 findings, this Board determined that all of the recommended mitigation measures were imposed as conditions of approval to the General Plan Amendment for the Project , with the exception of a lot line adjustment . The lot line adjustment was recommended to provide a buffer, and was rejected as infeasible because the State Department of Parks 7 and Recreation indicated it did not wish to consent to such a lot line adjustment and such consent was required. 2 . This Board finds that, because no new significant effects are present, no additional mitigation measures beyond those initially recommended in the EIR need to be imposed. 3 . The EIR mitigation measures are summarized in the 18-page staff report on mitigation monitoring that was included in the staff report packet presented to this Board in connection with these 1992 Approvals . This Board hereby imposes all of the EIR mitigation measures , as conditions of approval to these 1992 Approvals, excepting only those measures already rejected in this Board' s 1989 findings for this Project . 4 . Without limiting the foregoing general statement, in the design of individual homes , the applicant or builder shall make someprovisionfor passive or natural heating and cooling opportunities . Such opportunities may include solar water heating systems, energy-efficient appliances, insulation, passive solar design and other measures outlined in Appendix F, Item 6, of the Draft EIR. The applicant or builder shall be responsible for determining which of these energy conservation measures are feasible and consistent with overall project and individual homesite design. This measure shall be included in residential design guidelines set forth in or prepared pursuant to the conditions of approval prepared by staff . 5 . As previously stated, this Board finds that the imposition of specific conditions of approval to implement EIR mitigation measures, such as the revised condition on drainage and the foregoing condition on energy conservation, is not a substantial change in the Project requiring a subsequent or supplemental EIR. D. Mitigation Monitoring 1 . Section 21081 . 6 of the California Public Resources Code requires this Board to adopt a monitoring or reporting program at the same time this Board adopts findings regarding mitigation measures for a project . When the Board adopted its findings for this Project in 1989 , this Board satisfied this requirement by adopting a mitigation monitoring and reporting program calling for periodic reports by the Project Applicant . As stated in the 1989 Findings, County staff would review these reports to determine if there were any unusual delay in implementing the mitigation measures, with a procedure for Zoning Administrator or other action if needed to implement the mitigation measures . Implementation of the 8 monitoring program and the reporting requirements is triggered by these 1992 Approvals for this Project . 2 . This reporting and monitoring program will be implemented in accordance with the more detailed program set forth in the September 8 staff report accompanying Board consideration of these 1992 Approvals . This 18-page report identifies the mitigation review responsibility of various County agencies, and restates the requirement for reports every six months . This report, including the monitoring and other requirements set forth in the report, is hereby adopted to implement the monitoring program adopted in 1989 . Pursuant to the adopted monitoring program, there will be a report on compliance with mitigation measures each six months , using the 18-page report as a guide. E. Prior Statement of Overriding Considerations In 1989 , this Board complied with CEQA Guideline 15093 by adopting a Statement of Overriding Considerations for approval of this Project . That Statement concluded that the each unavoidable impact of the Project was outweighed by a number of project benefits . These project benefits included provision of needed housing, improvements and fees for public services and facilities, funding to help insure the viability of the Athenian School as an important educational resource within the County, scholarship funding, traffic improvements , construction jobs , increased property tax revenues, and possible child care funding pursuant to the County child care ordinance . These benefits also included environmental benefits , including preservation of open space and eliminating the possibility of the intensive campus expansion previously included in plans for the site . Each of these benefits was a basis for overriding the Project ' s unavoidable impacts . F. Overriding Considerations For These 1992 Approvals. In connection with these 1992 Approvals , this Board adopts and makes this following Statement of Overriding Considerations regarding the unavoidable significant impacts of the Project as described in the EIR and explaining why Project benefits override and outweigh the unavoidable impacts . This Project will bring substantial benefits to the County, including the following: 1 . The Project will preserve a substantial portion of the site as open space without cost to the County for such preservation. Based on the plans for the Project, well over half of the site will be open space rather than developed areas . Based on this Board' s 1989 decision to give special consideration to the knoll and this Board' s 1992 decision to 9 remove the lots from behind the knoll, this Project preserves the knoll area and protects the knoll as a topographic and scenic resource. This Project accordingly satisfies the goal expressed by Save Mt . Diablo of locating highly visible and impacting lots away from sensitive areas . 2 . This Project will also provide an important trail link and improved access to Mt . Diablo State Park. Based upon the correspondence from the East Bay Regional Parks District and other statements and evidence in the record, there is currently limited local trail access in the Alamo/Danville area and the trail dedication requirements of this Project are a unique resource and opportunity to provide for improved access to the Park. Based upon the same correspondence, regional trail connections are very difficult to achieve and the contribution of this Project to regional trail connections is accordingly a substantial benefit of this Project . 3 . This Project provides housing to further general plan goals . Based upon the site plans and other evidence before this Board, the Project will provide 36 houses . The new General Plan lists the Project (under the name Athenian School) as among undeveloped residential sites in the County. Both the new General Plan and the old General Plan contain a variety of goals and policies to provide more housing in the County. The new housing provided by this Project will implement general plan policies which call for compatible development and for providing a balance of housing types and price ranges within the County. Also, based upon the EIR' s discussion of jobs/housing balance, including the conclusion that job growth in the area will outpace population growth, this Project will help to maintain a better jobs/housing balance. 4 . The project will provide substantial revenues and improvements, including revenues and improvements which go beyond mitigating impacts of the project and will provide a benefit to the area. The Project will also provide construction jobs because workers will be required to install improvements and build houses on the site. Based upon the conditions of approval and other evidence in the record, Mt . Diablo Scenic Boulevard will remain a rural road and will not be substantially widened as the County originally proposed, but the applicant will still fund road and traffic improvements that will benefit area residents, in addition to offsetting Project impacts, by providing a better roadway and intersection improvements at the intersection with Diablo Road. Based upon statements by this Board and the applicant, the applicant will contribute $1 , 000 per lot to the County homeless fund, in addition to other revenues and fees from the Project . This Board finds that the unavoidable impacts of the Project are acceptable in light of the Project benefits set 10 forth above. This finding is independent of , and separate from, the Statement of Overriding Considerations and other findings adopted by this Board in 1989 . Each of the benefits set forth above is, in itself and independent of each other benefit set forth above, an overriding consideration warranting approval of the Project despite each and every unavoidable impact . III . FINDINGS REGARDING ADOPTION OF THE REZONING, FINAL DEVELOPMENT PLAN, AND SUBDIVISION MAP PURSUANT TO COUNTY CODE AND SUBDIVISION MAP ACT REQUIREMENTS A. Rezoning from General Agricultural to Planned Unit District The following findings by this Board expand upon the Planned Unit District findings as set forth in the conditions of approval for the 1992 Approvals . 1 . As required by state law, the zoning change is consistent with the County General Plan. As required by County ordinance, the zoning change substantially complies with the County General Plan. a . Applications for these 1992 Approvals were filed and determined to be complete prior to adoption of the new County General Plan. Accordingly, the applications were processed by staff pursuant to the County' s prior General Plan, and staff determined that the proposed approvals were consistent with the prior General Plan. This Board confirms staff ' s finding that these 1992 Approvals are consistent with the prior General Plan. b. In addition, and as a separate and independent finding in the alternative, this Board finds that these 1992 Approvals are consistent with the new County General Plan. The Athenian School General Plan Amendment was included in the new General Plan, and the site is designated in that plan for this type of development . C . The proposed site plan is consistent with the Athenian School General Plan Amendment , which was incorporated into the prior General Plan. The proposed site plan is also consistent with the new General Plan, because the Athenian School General Plan Amendment is included in the new Plan as well . The site is and was designated for residential development and open space preservation. Both uses are included in the rezoning, consistent with the Plan. d. Consistent with the plan and direction given when this Board approved the Athenian School General Plan Amendment, the proposed site plan will minimize grading, 11 preserve the existing creekbed and preserve many mature, indigenous trees . The Project will be required to maintain a large portion of the area in open space including an offer of dedication to Mt . Diablo State Park. e . The zoning change and the Project implement, and do not contravene, the policies of the prior General Plan and the policies of the new General Plan. Specifically, the Project is consistent with County General Plan policies on scenic roads, which call for protecting natural qualities , maximizing access, maintaining views, and using design flexibility, using planned unit developments, and providing special protection for natural topographic features . The Project uses the planned unit development process and protects the knoll on the site and the area behind it . Over half of the site will be open space. This Project also maintains the character of Mt . Diablo Scenic Boulevard as a rural road. The Project maximizes access by providing a trail facility and maintains views by protecting the knoll and preserving a substantial amount of the site in open space. f . The zoning change and the Project implement and do not contravene the policies of the new General Plan for the Alamo-Diablo-Blackhawk area . Among other things , these policies call for promoting the character of each . community based on existing community images and providing a range of densities to provide for a variety of family sizes , income levels, and age groups . This Project promotes the community character by preserving substantial open space adjacent to Mt . Diablo State Park, preserving the knoll on the site as a visual resource, locating development lower on the site across the street from existing development , and providing development that is generally compatible with the density of development in the Diablo community, particularly smaller lots that exist in 'the Diablo area. This Project helps provide for a range of densities because, with this Project and the existing variation in lot sizes in Diablo and along Mt . Diablo Scenic Boulevard, as shown in maps in the EIR among other places , there will be a range of densities in the area. 2 . The Project will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the nearby community. By providing for open space near the park and creek, the Project is consistent with the surrounding park use. By providing for residential development near the existing Diablo neighborhood, and by maintaining Mt . Diablo Scenic Boulevard as a rural road in accordance with neighborhood wishes, the project is consistent with surrounding residential development . 3 . The community need for this Project has been identified by the County General Plan, which calls for 12 provision of housing and which designates this site to provide housing. B. Final Development Plan 1 . This Board finds that the applicant intends to begin construction within two and one-half years from the effective date of these 1992 Approvals . 2 . This Board finds that the proposed planned unit development is consistent with the County General Plan, as set forth above. In adopting the Athenian School General Plan Amendment, this Board specifically directed that the planned unit development process be used to allow development on the site while also preserving substantial portions of the site in open space. 3 . This Board finds that the Project will constitute a residential development of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood, as set forth above. 4 . This Board finds that the development of a harmonious and integrated plan, especially the ability to preserve open space and locate lots away from the knoll, justifies exceptions from the normal application of the County Code. The Project as currently designed includes open space, residential sites , and trail facilities justifying the application of the flexibility available under a P-1 District . 5 . This Board finds the final development plan satisfies County criteria by indicating the location and design of the development and providing other information required by the County Ordinance Code. This Board finds the plan satisfies design objectives set forth in the County Ordinance Code by designing land coverage and other aspects of the Project to preserve natural features, minimize visual impacts , and provide for compatibility with (and a transition between) the residential areas adjacent to the site on one side with open space adjacent to the site. C. Subdivision Map 1 . This Board finds , pursuant to Government Code section 66473 , that the proposed subdivision meets and satisfies all of the requirements and conditions imposed by the Subdivision Map Act and County Subdivision Ordinance, as mandated by the conditions of approval requiring this subdivision to comply with County Ordinance provisions prior to filing of a final map. 13 2. This Board finds, pursuant to Government Code section 66473 . 5 and County Ordinance Code section 92-8 - 002, that the subdivision, together with its design and improvement plans, is consistent with the County General Plan. As mentioned above, the General Plan provides for residential development on the site and the Project provides for minimizing grading, preserving trees, and preserving the existing creekbed. The required consideration has been given to the knoll on the site by removing homes from the knoll and the area behind the knoll and placing them instead on lower portions of the site. This Board also finds that no specific plan applies to this site or approval of this subdivision. 3 . This Board finds, pursuant to Government Code section 66473 . 1, that the design of the proposed subdivision and the conditions of approval, provide for future passive or ' natural heating or cooling opportunities within the subdivision. This is incorporated in the Project by the requirement, set forth above as an additional condition of approval , requiring the design of homes to incorporate such measures to the extent feasible . 4 . This Board finds, pursuant to Government Code section 65567, that the proposed subdivision is consistent with the open space element of the County General Plan. The Athenian School General Plan Amendment was incorporated into the prior General Plan to provide for residential uses at the site, and that General Plan Amendment was incorporated into the new General Plan. 5. This Board finds, pursuant to Government Code section 66474, that the proposed subdivision is consistent with the County General Plan for all the reasons previously stated in these findings , and that no specific plan applies to the Project site. This Board finds the site is suitable for this type and density of development because the Project is compatible with adjacent residential development and because the Project, by preserving substantial open space and preserving the knoll on-site, provides a transition from nearby residential development to the open spaces of Mt . Diablo State Park. This Board finds the Project will not cause substantial environmental damage or injure fish or wildlife habitat because most Project impacts can and will be mitigated, and sensitive species are not located on the site. Finally, there is no evidence before this Board the Project will cause public health problems or conflict with easements over the Project site . 6 . This Board finds, pursuant to Government Code section 66474 . 6, that the Project will not result in violation of any regional water quality control board standard relating to sewage. The site is served by the Contra Costa Sanitary District, capacity is available, and development will 14 CONDITIONS OF APPROVAL FOR REZONING FILE #2884-RZ, FINAL DEVELOPMENT PLAN 3004-90 AND VESTING TENTATIVE SUBDIVISION MAP 7462 (BLACK OAK ESTATES) ... . ........................................................................................................................................ .............................. ........................... ................................... Staff.:rec .Mm ded mvcf�ficat�ons tot a f nd�ngs and coed do s o ..approval ecommended. : '>I `'tnon..... Re o a anrlin fi...e...�a .a... a...e .. Cbm ss�orti > re >d�.rtifif ed :�n ma .kecf.:te:xt Y....::::::::::: ::::::::: . :::::::::::::::.v:...::::::9::......:.:.::::::.::..:::........9:,,,::............:: ..................... ........... .. .................................................................... ...................................... (ad:di:ti'ors '<redlre > )etioristrik'e''ouf ......., .......................... l.. ..................................................................................... ................... .......................................................... .......................... . ............. FINDINGS A. Planned Unit District 1 . The applicant has indicated that they intend to commence construction within two and one-half years of the effective date of final project approval. 2. The proposed site plan is consistent with the 1989 Athenian School General Plan Amendment, which allows as many as 45 units to be approved on the site. The proposed plan also would minimize grading, preserve the existing creekbed and many mature, naturally indigenous trees. Moreover, the project would be required to maintain a large portion of the site in open space including an offer of dedication to Mt. Diablo State Park. 3. The Black Oak Estates project will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the nearby community. 4. In accord with the required findings of the Planned Unit (P-1) District, the San Ramon Valley Regional Planning Commission finds that the development of a harmonious, integrated plan like the Black Oak Estates project, justifies exceptions from the normal application of the code, including variations in parcel configuration and design to provide better conformity with existing natural terrain features. B. Exception to Creekbank Setback Requirements 1 . There are unusual circumstances and conditions affecting the property which justify an exception from the setback requirement. The setback requirement is designed to protect structures from undermining and failure due to erosion in drainage channels. This project, however, is located on bedrock uplands, and the banks in question are composed of a highly stable bedrock slope. Rogers/Pacific, the geotechnical consultants, have indicated that discharge within the bedrock channel will not significantly alter the channel or the side slope. The presence of stable bedrock banks instead of more erodible banks is an unusual condition justifying the exception. Also, the dwellings will be set back a substantial distance from the creekbed as shown on the vesting tentative map and final development plan. 2 2. The exception is necessary for the preservation and enjoyment of the owners' substantial property rights in developing the property as designated in the General Plan. Strict application of the requirement would also prevent development on areas of the property which are away from the northern knoll area. This would be inconsistent with the Board of Supervisors' direction, in approving the Athenian School General Plan Amendment, that the project should be clustered and that consideration should be given to protecting the knoll. 3. Granting the exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which this property is located, because the exception will not result in erosion or alteration of the channel or banks. Because the bank is stable bedrock which withstands erosion, the protection of the setback requirement is not required. C. General Plan 1 . The design and placement of lots in the subdivision is consistent with the General Plan. The project will further, and not obstruct, applicable General Plan policies. The project furthers the goals of protecting natural qualities, maximizing public access, maintaining scenic views, using design flexibility for aesthetic purposes, using planned unit developments, and providing special protection for natural topographic features. The project will protect the knoll and other significant natural features on the site and uses the planned development process to do so. 2. The project is consistent with County policies to promote the individuality and unique character of each community based on existing community images. Lot sizes in the project will be similar to many newer lot sizes in the Diablo community, and lot sizes were enlarged in response to the Diablo community's request. The lot sizes are similar to the Hidden Oaks development immediately adjacent to the southeast, the project preserves open space and natural features, and the project provides transition between the Diablo community and the state park. 3. The density and location of lots is consistent with the General Plan. The Athenian School General Plan Amendment adopted in 1989 is the basis for the property's current General Plan designations, and the Athenian School General Plan Amendment provided for up to 45 units. In response to community concerns, the project size was reduced to 36 units. The project provides special consideration to the northern knoll by avoiding development on that knoll, as directed by the Board of Supervisors when they approved the Athenian School General Plan Amendment, and conforms to the General Plan designations as required by General Plan policy and applicable State law. D. Exception to Permit Proposed Detention Basin 3 1 . There are unusual circumstances and conditions affecting the property which justify an exception to the detention basin requirements set forth in Ordinance Section 914-12.002. There is not sufficient area to create a detention basin containing 15 acre feet of storage capacity, nor does the project generate sufficient increases of storm water to justify such a detention basin. Also, the private drainage system within the Diablo community is inadequate to convey ....... ........... .. .. ..... ...................................................................................................... the existingdrainage from the ro ert and tk e u :stre.aii'r''Sta:te Par.k'watershed. 9 P p YP ...... ..: ::: ..::.:::: .:::::. .......................................................................................:.......:....... 2. The exception is necessary for the preservation and enjoyment of the owners' substantial property rights. Strict application of the Ordinance detention basin design standards would require the applicant to develop a detention basin that would be far in excess of any increase in the storm drainage attributable.to the project. It has been determined that the project generates approximately 0.3 acre feet of additional storm water, which in no way requires a detention basin sufficient to detain 1 5-acre feet. 3. Granting the exception will not be materially detrimental to the public welfare or injurious to other property in the territory where the property is located because the additional storm water will be detained so that there is no increase in storm drainage attributable to the project, and the detention basin will be constructed and maintained by the applicant and/or its successors. 4. As recognized in Ordinance Section 914-12.002 this exception is allowed when a regional basin is not practical and a smaller detention basin can be permanently operated and maintained by a public entity in a cost-effective manner. The Covenants, Conditions and Restrictions described in these Conditions of Approval obligate a homeowners association to maintain the detention basin and grant to the County the ability and right to enforce by all legal means performance of such obligations. 4 CONDITIONS OF APPROVAL General 1 . Development shall be based on the following submitted exhibits except as modified by the conditions below. A. Revised Vesting Tentative Map dated May, 1990, as modified by the lteFAate Sit"�DIaR fee R 20 R 40/D.I I.r1. bevel.,.,., ent dated 30 1,901 rerun-�vr-rr�v c}fl cru v, �� ,..:...::.::.::...... ::::: :::::::::... .::....:;:::........:....;:.........:.;.....:.... .::::.:.:::::::.::.:....... .. .v. ite::;Pla n;;:; 13 da;te:.:.r:;N:averr�::::er::;;'I::0 1;9:9 ": .................. ...................................................................................................... ......... B. Preliminary and Final Development Plan/Landscape Plan. C. Revised Entry Monument Display presented at the September 5, 1991 Planning Commission meeting. D. Proposed Hiking Trail and Off-site Improvements. E. January, 1990 Study of the Widening and Realignment of Mt. Diablo Scenic Boulevard. F. Geological and Geotechnical Services for Tentative Subdivision, Athenian School Property", Rogers/Pacific, December 31 , 1986. G. "Supplemental Updating of Geotechnical Investigation", Rogers/Pacific, May 23, 1990. H. Child Care Impact and Mitigation Program. I. "Botanical Survey Report", Thomas Reid Associates, April 23, 1990. J. Staff Study dated October 14, 1991 providing for Offer of Dedication to State Park. K.. September 3, 1991 letter from McCutcheon, Doyle containing Draft Design and Architectural Review Guidelines for inclusion in CC & Rs. L. Staff Study dated July 12, 1991 providing for Scenic Easement Dedication of Eastern Knoll on adjoining Athenian School property. 2. A maximum of 36 single family residential lots shall be permitted. Approval of Vesting Tentative Subdivision 7462 is contingent on final approval of Rezoning #2884-RZ and Final Development Plan #3004-90 by the Board of Supervisors. The iRitial +,,,r,., of the final development plan n al shall be fOF +h Fee n fr.,M the effeetiye date of +h., +ham,-she the of ti+fre-limits-allewedF the tentati ed undeF +h 0 5 3. A phasing program for the development may be submitted for the review and approval of the Zoning Administrator at the applicant's option. 4. At least 60 days prior to filing a final map, or application for a grading permit, or at least 60 days prior to commencing subdivision improvements, whichever is earliest the applicant shall submit a revised site, grading and landscape plan for the review and approval of the Zoning Administrator. The revised plan shall provide for: A. Adjustments to the site plan as generally shown in the staff study dated May 23, 1991 including provision of a fire protection strip at least 30 feet in width next to Mt. Diablo State Park. The area identified for dedication to the State Park shall be precisely delineated. Proposed grading shall be modified to provide for balanced cut and fill (i.e., no haul of material to or from site). B. Elimination of the. proposed amphitheater on Athenian School site. C. Provision of a report from a certified arborist detailing measures to be taken to assure protection of existing mature trees shown on the site plan identified for preservation. The report shall recommend measures to protect trees during the construction and post-construction stages of the project. Recommended measures shall be shown on the grading plan. D. A final landscape/irrigation plan for the Scenic Boulevard frontage prepared by a landscape architect providing: 1 ) Landscape improvements providing for trees and bushes that are naturally indigenous to the Bay Area; 2) Design of frontage landscaping along Scenic Boulevard shall demonstrate effective year-round screening of the approved development within three years of planting; 3) Landscaping shall be designed in accord with the Water Conservation Ordinance (70-59). 4) Trees shall be a minimum 1 5-gallon size; shrubs minimum 5-gallon size. The Zoning Administrator may require larger tree specimens (24"- box, 48"-box) if appropriate. 5) A detailed section of the proposed decorative stone inlaid project entry walls and retaining walls, and frontage walls. 6) Elimination of the proposed gated access and water element; and provision of a flowering vine arrangement that will drape over the entry monument wall to soften its appearance as per the revised plan submitted at the September 26, 1991 Commission hearing. 7) Let 23 shall-be-deleted and cAndeicted to a detteRt+e ,. 0 6 8) To assure protection and/or reasonable replacement of trees to be preserved which.are in proximity to subdivision improvements (on-site and off-site), 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 18 months beyond the completion of required subdivision improvements. An independent licensed arborist shall be retained by the County to 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 cost of the independent arborist and all related administrative fees shall be fully borne by the applicant. The tree bonding program shall be subject to the review and approval of the Zoning Administrator. E. Final hardscape plan. F. An interior street lighting plan which demonstrates that any proposed lighting will be designed so as not to project glare on adjoining properties. G. Provision of a minimum 20 foot wide trail easement as generally shown on the proposed site plan adjacent to the eastern boundary line, and on the adjoining parcels to the south. Trail design shall provide for hiking and equestrian trails designed to keep grading for trails to a minimum; to utilize existing fire roads and to avoid steep slopes where appropriate. Trail improvement plans must be separately submitted or included in the site grading plan. Trail improvement plans shall be extended southward onto the Blackhawk corner parcel to connect with the existing trail running along the north side of Blackhawk Road. The applicant shall provide evidence that the East Bay Regional Park District and California Parks and Recreation Department have had 30 days to review and comment on the trail design. The applicant shall not be required to construct off-site trail improvements unless tFail deli tie ^ , effeFed f8F tFail ^ At the tFam! dedmeateen at tome of the filing ef a final map, then the api " eFeet ba ^d pestthe tFail with " te ffevent b1se of a:public gen;cy accepts t e do kation at time of flung a filnal map. H. An off-site tree planting program to replace any existing mature trees over 20" in trunk circumference whose removal is required to accommodate road and intersection improvement requirements. Trees shall be replaced on a basis of one tree for every six inches of tree circumference; replacement trees shall be oak trees with a minimum size of 15-gallons. I. A sample roof and exterior materials color palette for proposed residential construction. Exterior materials shall be limited to dull earthen-tone colors except that the Zoning Administrator may allow other colors following notice to the Diablo Property Owners Association and San Ramon Valley Regional Planning Commission. 7 J. For Lots 1 - -3-7 36, typical residential elevations and proposed residential fencing shall be submitted for the review and approval of the Zoning Administrator. K. A landscape plan providing for planting on cut slopes of brush seed and/or small drought-tolerant trees that are adaptive to poor soil conditions, such as California Buckeye. L. A landscape/fencing plan for any proposed detention basin. The detention basin shall be enclosed within a wrought-iron style fence. Landscaping shall have a riparian character. The plan shall satisfy the requirements of the California Fish and Game Department and have prior acceptance of the Public Works Department. M. A fire buffer improvement/maintenance plan shall be submitted for the designated fire buffer on the staff study. The plan shall consider the following measures to assure effective fire protection of houses: 1 ) Designation of areas to be regularly cultivated. 2) Irrigated landscaping using fire resistant species. 3) Segments of project roadway. 4) A combination of such methods Prior to submittal, the Fire District shall be provided an opportunity to review and comment on the plan. N. Interior streets shall provide for posting of signs to prohibit parking on one side. 0. Prior to filing a final map, all approved landscape and trail improvements shall be completed, or assured of completion, with an appropriate financial mechanism (e.g., cash deposit, letter of credit or bond). P. The applicant shall demonstrate the feasibility of complying with the residential design guidelines listed below, imposed in the approval of this project utilizing whatever exhibits are necessary (e.g., grading plans, sample lot layout plans, cross-sections, off-site perspectives). Failure to demonstrate the feasibility of designing residential structures within this framework may result in a reduction in the number of lots below the maximum of 36 lots. 5. Prior to filing a Final Map, evidence shall be submitted to the Public Works Department that an urban service boundary reorganization has been consummated. The reorganization shall provide for annexation of the area approved for development to Central Sanitary District. 8 Geotechnical 6. Improvement, grading, and building plans shall carry out the geotechnical recommendations of Rogers/Pacific given in reports dated December 31 , 1986 and ........... ... ........... ... ............................................................. Supplements dated May 23, 1990 an;;.d October 3(? ;; 1;99 . These reports shall be ..................................... referenced on the recorded Final Map. In each sale of lots by the applicant or successors in interest, the applicant shall include in the deposit receipt or in the initial purchase contract a statement of acknowledgment of the receipt by the buyer of the approved reports by title, author (firm), and date, calling attention to recommendations. 7. Prior to issuance of building permits on parcels of this subdivision, submit an as-graded report of the geotechnical engineer with a map showing final plan and grades for subsurface drainage, subdrain cleanouts and disposal or pickup points, and any buttress fill with its keyway location, or retaining wall, or soil improvement installed during grading, all as surveyed by a licensed land surveyor or civil engineer. 8. At least 60 days prior to issuance of a grading permit, submit a landscape/erosion control plan by a certified landscape architect using drought-tolerant species. Plan should include hydroseeding of large graded faces and plant material planted in tacked Jute netting, Decoweve, or equipment supporting and erosion controlling slope protection fabric. 9. A grading bond is required for the work necessary to carry out the recommendations of the preliminary soil report. Provide sufficient map and subsurface information to estimate the cost of required soil improvements. 10. Prior to final inspection of grading, and before the onset of winter weather (before October 15), hydroseed and/or plant approved erosion control landscape material in conformance with the approved landscape erosion control plan. Open Space/Park Dedication/Trail Dedication 1 1 . At least 30 days prior to filing a final map, the applicant shall submit two copies of revised site plan/grading plan indicating scenic open space areas for the review and approval of the Zoning Administrator. All areas shown as scenic open space on the final subdivision map shall be maintained as open space. Pursuant to Civil Code Section 815, the applicant shall prepare and convey to the County conservation easements for the scenic open space areas. Such easements shall be conveyed when project grading and the designation of building envelopes has been completed, and the County shall record such easements in the Official Records of Contra Costa County. Such easements shall be consistent with the designation of final open space as shown on the tentative map. Notwithstanding the foregoing, minor adjustments of up to five feet (measured horizontally) in the boundaries of the scenic open space may be made, and reflected in the conservation easements, when necessary to reflect the actual installation of improvements 9 (including deer fencing) by the applicant in compliance with these conditions of approval. Until conservation easements for the lots have been recorded, the applicant shall report periodically to the County (with a copy to the San Ramon Valley Regional Planning Commission) on satisfaction of this condition. Such reports shall be submitted at the same time that the applicant submits CEQA mitigation monitoring reports. 12. Prior to filing a final map, the applicant shall provide evidence that an easement for the approved hiking/equestrian trail along the eastern property line has been offered for dedication to the East Bay Regional Park, or other appropriate public agency. The offer shall include the section of proposed trail located on the adjoining parcel to the south, Assessor's Parcel No. 203-150-002 (Athenian School). The final map shall identify the dedicated trail as a public trail. Prior to filing a final map; the applicant shall also diligently attempt to secure offers of dedication for minimum 20-foot wide trail easements across Assessor's Parcel No. 203-150-002(Athenian School)and Parcel No. 203-020-016(BlackhawkCorporation). Offers of Trail dedications shall be in accord with the approved trail improvement plan, and shall be in the form of a standing and irrevocable offer. The dedication shall be to the County or other appropriate public agency. Prior to filing the final map, the applicant shall provide a copy of a notice describing the public trail dedication for the review and approval of the Zoning Administrator. The approved notice shall be used by the applicant to notify prospective buyers of lots within the project. Prior to filing a final map, the applicant shall diligently attempt to secure the dedication of a scenic easement on a portion of Assessor's Parcel No. 203-150-002 (Athenian School). The dedication shall encompass the knoll area as generally shown on the staff study dated July 12, 1991 . 13. Prior to filing a final map, the applicant shall provide evidence that the area approved for dedication to Mt. Diablo State Park has been offered to the state of California for park purposes. The dedication shall be in the form of a standing and irrevocable offer. 14. Fencing within the scenic open space area shall be subject to prior review and approval of the Zoning Administrator, and shall be minimized. Covenants, Conditions and Restrictions 15. A copy of the project's Covenants, Conditions and Restrictions shall be submitted.to the Community Development Department. The document shall provide for maintenance of common open space areas and roads, maintenance of the fire buffer adjacent to the State Park, and restrictions on parking of recreation vehicles. The document shall provide that the homeowners association is responsible for maintenance of the open space land offered for dedication to the State so long as access to such land is not open to the public and until such time as the State accepts 10 the offer. The document shall also reference the approved residential design guidelines and provide for maintenance of all on-site landscape improvements within the designated scenic open areas (including private lots), and of all trail improvements (on- site and off-site) for the trail easement adjoining the eastern side of the site between Blackhawk Road and the State Park. The document shall also provide for maintenance by the homeowner association of any (1) proposed detention basin and (2) posted speed limit signs along Mt. Diablo Scenic Boulevard as approved by the Public Works Department. 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. .................... Transportation Systerws MM a:hd Management Program 16. A T..,.,SPeFtati n Systems Management (TSM) ., on eempliaRee with r`.,u my pel*eees,shall be s„h.,. mtte.d fOF the Feview reviewand a al of the 7e.-.ing A.d.Y,iRiStFat .. PF eF tO felon a Final Map, C.orn :1 ':>w:ittt:h' r ' u:iteme:r : f: .F ouit.:::7ra:r7s t::e .p.y.:::: :.:::.. e::e.4:. is o.:::t.::e.: y.: p.4.:: :::t.4 . €demand. .-.a agem nt:.(TQM) Ordinance tNo 9 -3:1;x:pr!o. ta::#il n ;;a;flna[m:a ,:.;At;l.east ....... . ........ ..... ............. .... .. ............ .. ... 9...... P f .:d y5:prior tO filing a final map, submit t :o cop?e5 0 . proposed IFOW program to ...::.:.:..................:.................................. ......:....................................... .......................... ................................................... .... ......................... Th.. :. + ,<:; al shall c ; ; i;..t''of an ongoing program shall be established the;`�o` rttY�;; 9 9 p 9 to notify residents of transit opportunities in the area, and encourage and facilitate carpooling among residents. The applicant should contact the TDM coordinator (646- 2131) in the Community Development Department office for direction on the preparation of a submittal. Child Care 17. Prior to filing a Final Map, the applicant shall implement a child care response program approved by the Zoning Administrator. Residential Design Guidelines 18. Development and use of all lots shall be in accord with the setback standards of the R-10 zoning district. Roof designs shall be sloping and generally parallel with nearby hillside slope. A minimum of six off-street parking spaces per unit are required, three of which shall be contained in a garage area. All garages shall be equipped with automatic sectional doors. 19. Roof covering of all residences and accessory structures shall be Class A. 20. All lots shall be architecturally designed so that the rear elevations of all dwellings shall be similar to front elevations. 11 21 . Construction plans submitted for building permits shall be accompanied by a report and recommendation of a certified arborist to provide protection of any mature trees on the lot that have been saved pursuant to the tree preservation program. The arborist's report shall provide suitable protection measures for the construction and post- construction stages of the project. The report shall address trees wholly on the subject lot, as well as trees whose dripline straddles adjoining properties. 22. The following guidelines shall apply to the construction and any subsequent renovation of homes on Lots 1 through 11 , and Lots 324&.3 : A. If a home includes any two-story elements, then any part of the home facing a sideyard shall be designed so that there is a one-story element next to and facing the sideyard, separating the sideyard from the two-story element of the home. B. Such homes shall not be required to have a one-story element in front of, or in back of, any two-story element facing either the front or rearyards. C. Structure height shall be limited to two stories and 28 feet in height. 23. The following guidelines shall apply to the construction and any subsequent renovation of Lots 12-21 : A. The home shall be designed so as to give the appearance of single story homes as viewed from the Athenian School property. B. The home shall be designed so that there is a one-story element in front of any two-story element which otherwise would face a sideyard or the rearyard. C. Notwithstanding the foregoing restriction, the design of the home as it faces the rearyard may include a deck, or means of access to deck, and may include dormers, windows, doors, or ventilation structures as may be required to meet local building codes. Any such decks or access, dormer windows, doors, ventilation requirements, or other such improvements shall not break the first- story roofline so as to create a two-story element, without a one-story element preceding the two-story element. D. Structure height shall be limited to two stories and 28 feet in height. 24. Homes on Lots 22-31 shall be limited to one story and 18 feet in height. 26. At least 30 daa-p^iivi ie FSstlanee-ef gFading OF bUilding pe mitS feF Lets 3v-and-Tr, the applieant shall submit detailed Fesidential site plans feF the Feview and appFeval of the-Zening AdMiRiStFatef.. RlansshaII ineltAde buildiRg elevations, fleeF plans, anQ landseapepla++-. A StFu .+Wes shall be limited to 4,000 s e feet of habitable fl., 12 E3. ReaF elevations shall be airtieulated te Weak building mass. D. The plan hall eleia•Iy identif., aII aFeas f esed euf and fill. The lv'eati'eir , than 20 i ehes shall be identified and ..,heth... the tFees a to, be p ...d ., The .,I...-. shall be a ed by a .,.+ f..,.,,, ., eFtifie d .,.h...*.-+ that . the site Ian d d to teet II tFees .,hieh to h., iz-prmrir�rvTccemriTc i i a-:r�i�rc a�cii-co-�v-pr-v-rccc-aTrcr comic E. Altheu9iihemes en Lets 36 and �374 40M,iII Ret bevisible t Diable See4iic Ie ...d... -c-r Tthe-sites the deof�r hese-I�va 'mes s crri ne� at TpeFe anefuded-+n the-home-design ife�thdes4gRof the h.,me as it faees 042 rn'•'�ury-n-r`� may' n eI�crde deck wide` k aeeess, and may eIcry'd�ve davrnFS, wrode s 26. To further enhance visual attractiveness of the subdivision, and to work with and take advantage of the natural contouring between lots, grading shall be minimized to the extent practical and consistent with the development plan. It is also permitted and recommended, but not required, that residences be designed in such a way that split level pads be graded on downsloping lots to minimize excess grading and visual impacts. 27. The applicant shall provide to the purchasers of lots copies of the East Bay Municipal Utilities District's species list for drought-resistant landscaping. To the maximum extent practical and consistent with the development plan, the applicant shall use plant species indicated on this list for any landscaping or relandscaping of open space areas. 28. The foregoing guidelines shall be referenced in the CC & Rs and shall be enforced to the extent required by the County's conditions of approval for this project as such conditions may be amended from time to time. When considering any applications or construction plans, the architectural committee shall verify the status of these guidelines and, to the extent the guidelines remain in effect as conditions of approval, approve applications or plans only consistent with the guidelines. Construction Noise. Dust and Litter 29. Noise generating construction activities and playing of loud radios and/or music by construction crews 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 13 on allowed working days may be modified on prior written approval of the Zoning Administrator. This restriction shall be incorporated into the contract of any general contractor and subcontractor working on the site or making deliveries to the site. 30. At least one week prior to commencement of grading, the applicant shall prepare a notice that construction work will commence; post it on the project site; and mail it to the owners of the property within 300 feet of the exterior boundary of the project site, to owners of property fronting on Mt. Diablo Scenic Boulevard, and to the Diablo Property Owners Association 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, dust, and litter control, construction traffic control, and work on Scenic Boulevard shall be expressly identified in the notice. The notice shall be re- issued with each phase of major grading activity. A copy 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 property owners noticed, and a map identifying the area noticed. 31 . A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator following review by the Building Inspection Department. Dust shall be kept down by watering, which shall be accomplished by a watering truck on site or from hydrants on site. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. 32. Should archaeological materials be uncovered during grading, trenching or other on-site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeologists (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. 33. At least 30 days prior to issuance of a grading permit, the applicant shall prepare a construction-stage traffic and detour study for construction work along Mt. Diablo Scenic Boulevard for the review and approval of the Zoning Administrator. Construction work shall be phased and timed to avoid peak traffic hours and weekends. The work shall be performed in such a manner that a minimum of one 10- foot lane will be available at all times and flagmen will be used to control traffic. Parking of construction-related vehicles along the shoulder of Mt. Diablo Scenic Boulevard shall be minimized; over-night parking shall be prohibited. Special Infrastructure Fees 14 34. The applicant shall contribute $2,880 per lot in park land dedication fees. The applicant may receive credit against this requirement in accord with Chapter 920-8 of the Subdivision Code if the proposed dedication of parkland is accepted by the State prior to issuance of building permits. Credit for (non-frontage) trail improvements shall be limited to a maximum of $880 per lot. No credit shall be allowed for on-site trail dedication. 35. The applicant shall be required to pay a Benefit Assessment District fee of $2,229 per unit to Contra Costa County as a fair share of area-wide road improvements. Road, Drainage and Utility Requirements 36. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: A. In accordance with Section 92-2.006 of the County Ordinance Code, this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. Conformance with the Ordinance includes the following requirements: 1 ) Undergrounding of all on-site utility distribution facilities. 2) Conveying all storm waters entering or otiginating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility which conveys the storm waters to a natural watercourse. The nearest natural watercourse is located at the outfall of the cross culvert under Mount Diablo Scenic Boulevard at the Wolfe property. The headwall for the Mount Diablo Scenic Boulevard transverse drainage shall be improved with rock and other natural looking materials to provide a stable facility. 3) Designing and constructing 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. 4) The Ordinance prohibits the discharging of concentrated storm waters into roadside ditches. However, an exception will be permitted by the Public Works Department, Road Engineering Division, provided that the adequacy of the roadside ditch is verified and that it does not pose a safety hazard. 5) Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 15 6) Relinquishing "development rights" over that portion of the site that is within the structure setback area of the creek along the southern boundary of the property, the creek adjacent to Lots 36 and 37, and the creek adjacent to Lots 31 , 32 and 33 along the easterly side of the property. The structure setback area shall be determined by using the criteria outlined in Chapter 914-14, "Rights of Way and Setbacks," of the Subdivision Ordinance. The applicant shall be allowed an exception to this requirement based on the applicant's October 30, 1991 , "Alternate Site Plan R-20 - R- 40/PUD Development" plan as substantiated by the applicant's soil and geotechnical reports. The creek structure setback line shall be located: up to the "deer fence" through Lots 10 through 21 ; up to the 5-foot masonry wall proposed through Lots 36 and 37; and, up to the "deer fence" and wall through portions of Lots 31 through 33. The structure setback line shall be shown accurately on the Final Map. 7) Submitting 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 County Traffic Engineer. 8) Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. 9) An exception is permitted from Ordinance Code Section 914-12.002, "Detention Basins - Where Permitted," to permit a detention basin less than 15 acre feet in volume and which will not be permanently operated and maintained by a public entity in a cost-effective manner without the approval of the Public Works Department. B. 1) Improve and/or construct the portion of Mount Diablo Scenic Boulevard from Diablo Road to the Project's entrance as a 22-foot road with a 2- foot rock shoulder or with asphalt concrete berms, with adequate longitudinal and transverse drainage to allow for an 8-foot meandering asphalt concrete path on the easterly side of the road within a road easement which encompasses the 22-foot widened roadway and approximately a 17-foot parkway area for the path and roadside ditch. The applicant's required road dedication, under this Conditions of Approval, will not require acquisition of any road easement along the westerly side of the road, owned by property owners along that side, which is presently encumbered by a Mount Diablo Scenic Boulevard road easement. An asphalt berm shall not be located on the westerly side of the road. The westerly edge of the meandering path shall be between 3-feet and 9-feet from the easterly edge of roadway. The path shall 16 extend from the Diablo Road-Mount Diablo Scenic Boulevard-Blackhawk Road intersection to the project entrance. The pavement widening shall generally be constructed along the easterly side of the existing roadway except where the roadway is severely constrained by structures. The road easement may be narrowed in a manner acceptable to the Zoning Administrator where structures would restrict the private road easement width in the vicinity of the Athenian School property. The private road easement width may also be narrowed to realign the path, subject to the review of the Public Works Department, Road Engineering Division, and the review and approval of the Zoning Administrator, if the applicant substantiates that he is unable to obtain the required property rights based on at least a full market offer for the property based on an appraisal by a certified appraiser. Any additional private road easements acquired for the path or road work shall provide rights consistent with the existing road easement Adequate pavement transitions shall be provided where necessary. Adequate transitions north of the project entrance shall include additional pavement widening to transition to the existing roadway including pavement striping and buttons. The road easement and the right of way alignment shall be in accordance with County public arterial road standards for vertical and horizontal alignment based on a design speed of 35 miles per hour. The standards for horizontal and vertical alignment may be modified subject to adequate stopping sight distance in accordance with CalTrans standards subject to the review of the Public Works Department and the review and approval of the Zoning Administrator. Road construction plans shall identify the location of: a) The State easement; and, b) The location, trunk circumference and species of any tree designated as heritage by the County whose dripline extends over a portion of the State Easement. The heritage status of these trees shall be clearly identified on the road improvement plans. 2) The applicant shall make a good faith effort to negotiate with other property owners using Mount Diablo Scenic Boulevard for access. to their homes, and with the State of California, to form an assessment district for construction and maintenance of road improvements. The State and property owners along Mount Diablo Scenic Boulevard shall be provided 30-days to respond after being properly notified. The State of California could either participate in the district or contribute to the improvements through some form of binding agreement. The applicant shall periodically report to the County and to the San Ramon Valley Regional Planning Commission on the status of these negotiations. Satisfaction of the applicant's obligation to complete the good faith effort shall be determined by the Zoning Administrator. 17 C. The roadway and the road easement for the portion of Mount Diablo Scenic Boulevard south of the project's Mt. Diablo Scenic Boulevard entrance shall provide for a 25 miles per hour posted speed limit and a 35 miles per hour design speed. The road easement along Mount Diablo Scenic Boulevard shall include necessary construction easements and the right to maintain the roadway and path. The applicant shall be responsible for installation of the 25 miles per hour posted speed limit signs. The homeowners association for this development shall be responsible for maintenance of the 25 miles per hour posted speed limit signs. D. Provide for adequate sight distance at the Mount Diablo Scenic Boulevard entrance to this property in accordance with CALTRANS standards. E. Relinquish abutter's rights of access along Mount Diablo Scenic Boulevard, with the exception of the private access road. F. Verify that the existing pavement on Mount Diablo Scenic Boulevard is adequate to bear additional traffic loads generated by this subdivision, or reconstruct that portion of Mount Diablo Scenic Boulevard between the subdivision access road and Diablo Road as necessary to bear the projected future traffic load. ' The pavement evaluation study shall be subject to the review of the Public Works Department and the review and approval of the Zoning Administrator. Prior to beginning construction of Mount Diablo Scenic Boulevard improvements and repaving, the applicant shall retain an arborist to determine the best means of avoiding or minimizing damage to any existing designated heritage trees along Mount Diablo Scenic Boulevard. The final road alignment shall optimize preservation of trees along Mount Diablo Scenic Boulevard subject to the review of the Public Works Department and the review and approval of the Zoning Administrator. 1) The applicant shall provide copies of any report submitted by the arborist to any homeowners with designated heritage trees upon their property which are studied in the report and to the Public Works and Community Development Departments. The applicant shall designate an arborist to perform the report. The report shall be subject to the review of the Zoning Administrator. 2) During construction of road improvements, the arborist shall make periodic on-site inspections to be sure that the roots of existing designated heritage trees fronting Mount Diablo Scenic Boulevard are protected in accordance with the arborist's recommendations. G. Install safety related improvements at the Blackhawk Road-Diablo Road-Mount Diablo Scenic Boulevard intersection, including traffic signs, channelization and reconfiguration of that intersection subject to review by the Public Works Department and review and approval of the Zoning Administrator. 18 Improvements shall be designed so as not to damage the existing stone monuments at this intersection. H. An encroachment permit for construction within the State right of way may be needed. I. Prevent storm drainage, conveyed in a concentrated manner, from draining across the path and driveways along Mount Diablo Scenic Boulevard. The drainage shall be reviewed as a part of the improvement plan review by the Public Works Department. J. Submit a preliminary sketch plan and profile to the Public Works Department, Road Engineering Division, showing the vertical and horizontal alignment of Mount Diablo Scenic Boulevard to determine the feasibility of salvaging the existing pavement. If the grade is unacceptable, the applicant shall level, overlay or remove and replace the pavement, as necessary. The sketch plan shall also show all public road improvements prior to starting work on the improvement plans. The sketch alignment plan shall be to scale and show proposed and future edges of pavement, lane striping details and lighting. The sketch alignment plan shall also include adequate information to show that adequate sight distance has been provided. K. Furnish proof to the Public Works Department, Engineering Services Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. L. Furnish legal proof to the satisfaction of the County Counsel as well as Public Works Department, Engineering Services Division, that legal access to the property is available from Diablo Road. Said proof shall not consist of opinion letters from experts retained by the applicant. Prior to filing a final map, the applicant shall submit evidence that owners of all properties fronting on Mt. Diablo Scenic Boulevard have been mailed notices.. - The purpose of the notice shall be to provide an opportunity to potentially interested parties to submit documentation which pertains to the project's right to use and make improvements to Mt. Diablo Scenic Boulevard as required by this approval. The notice shall invite the public to provide any evidence pertaining to the project's legal access rights (or lack thereof) to use Mt. Diablo Scenic Boulevard for submission to the Public Works Department within a minimum 30-day period. The Public Works Department shall review the responses and forward copies to County Counsel for review. M. Install safety related improvements on Mount Diablo Scenic Boulevard (including traffic signs and striping) as approved by the Public Works Department. N. At time of submission of drainage improvement plans, provide evidence that 19 owners of property directly affected by the proposed drainage improvements have been mailed notice 10-days in advance of the submission to the County that the plans are available for inspection at the Public Works Department and that all affected property owners have 20 days to lodge any objections to said plans. O. the .de fae"ities by fe the fell L The efl�nc-vvdVf�t-F rt71 R a�c-racrr�crc�--cry--pc^��-vri�}Frl�-iTrc-rvrreiPd-FRg�vvi�r-r,c W8Fshat udethe-fellawiAg-listed-f Fele �t �F Edi t-�i e� 1 e FIS The exten-t ef the WeFl( shall be lmm*ted te a total E)bl'- 0.60 peF sqblare feet of impcidTgus suFfaee emeept-that-IteFii hr.-eugh 3 eny.e ffieFity list Shall be 1 even if they exeeed this ebligatien-. The pFejeets shall be eentingent pF e ng a pFivate-dr-inage-easel lentePeF-the-eeR etianate; taking r PeFi�fewe-WeF'(. HaFd� c-es such as ^+ies,d i evea a,,d eeneFete paths shall be Feplaeed as a paFt ef the pFejeet. PlaA Feview fees shall be be . aFt of the PFE)Jeeunderlying fee ffepeFty e +h.,.-, +he o plie nt ..lid not be liable to e s+r..et that r. et expended, then the a pimeant shall e r tFffib to the r of hip- $0 C0 p squaFe Defieeeney Fee Tri St Cued n r beF 812100 0400 designated fee nts the +r I' D G I L The sts f te-crr�C�6�r faC� ^R-vvv�C-Feces—rn�ee�vr r of addTtFen l SUFfaee-exeept asnoted abeve. The Best-of the i1i�pFevei rents shall be based eR eest estimates sbjeet-to-the Feview and eeTrtFE)I.The-Zeni rgrci fflmStFatOF shalll--mallke the final de effninatien ret Mitigate-the-Fmpaet of-the-addFtFenall JtE)FFn dvateF FUR Off fFeFH this „1 Q.,a-,....iRg 1 .phie yard of eh„ e' a alien .,- ateFial 48M tl4 inadequate-PaFtieR of GFeen Valley GFeel(feF eae;-B9-sqU8;2 feet of new rfaee aFea eFeated by the deyel.,r.rr ent All exeavated mateF+al shall be dispesed of eff site by-he 20 n imeu of actual exeavatmen aR d el of me+eFiel fFem GFeen Valley I. Th Rt .:11 he le,ale+erl t the a F urrej�- cc�c--nye- E£rrccncrcc�v rrrrc-Fcrcc-vr the deyel6pI e-Int.The-added SUFfaee aFea-eFeatev-by the -ico-crvnrrreNrwillin--ve based-vFi--the ars standaFd im. UlFfaee-aFea-erdinanee. The Reed GeAtFel DiStFiett will use these funds to WeFl( on GFee., Valley GFeeL aRnually._ I--- a) Removing 1 uh:e . eF.d of ehannel a at:en me+eFiel fFem the Dna deep ate F+:en of San RaMOR GFeel( neaF Ghaney Read fe e_eeh 60 squaFe feet of eUS Ffe aFea eFee+e.d h. the ment. All-e3(eayated-+fiateFial s„a11�.l be dispesed-ef e site a6peF-a+- ITc6s+�-The scTleet+6i—lane Fights, and eOnStFuetien stakingwill be by the Flood GentFel YpeA FitteA Fequest, the a F.Imeant Fnay make a sh Rt Ramen GFeek. The eash payment will be ealeulated at the Fate of $0.10 peF sqtAaFe feet of a im. Ffa aFea eFeated by the Fdeyelenmen+ The add I i AS UFfaee aFea eFee+e.d by the .de..elepment will he based en the � Ree.dGE)RtFel DistFiet's staFndaFd-IF7�pEFV+6H$-�UFfaee aFea E)Fdlnanee. 77 AtFel DFstFFet will use these-ftAnds-te a el F( eR San Ramen GFeek annHally- between the DFeieet site and r_Feee Valley GFeeL 4\ IFAPFe..e the rdFainene faellity thre gh the CeheFnell F. eF+., by F n1eeing ely 200 feet ef existing n th a te n pe diametef 6) 'FnpFeye the FdFainene fee:lity e s the r_elf GE)UFse fFem the a nth F.;Fde ef-the-Doable GeHAtFy Grub-Golf EeUFee--to-1-:717 G-alle A FFe.,e by ;;,tea l li ng appFeXimately 250 feet-ef peFa I I el 72"" pipe. PeF-t+e ns of n+inn n+e Fm dFain-pipe a .de+e FieFeting and eausing sett l ement in the- a) Replacethe-d Fa i n a g e f a^cl I Irl 6 eared between peint appreximately 280 feet dowRStFeaFn ef- he Glub Heuse Read eflifanee-te the-GaintFy Club with an adequate sized pipe- 21 ....... .... ......... .. ................................. .................. ............................................. ................................................................................. IVlitigate the:impact of addit oral sta rn wate run:off f o.m th's:development fay .....................::.:............:;;:..............:............ pal.pr;rnirig>:t#1 >fgftoatkw ............................................ . .......... .......................................................................................................................................... ........ .::::..:...:.:... <.;:: #: i:m e: >:: it:or . «:.: ..:r'rt'::uu'.:::e r::::r:n: o:::.... :r::..rxt:>:::: �. . t at2 t: e: pa t 0 t:e a::d. a stt::::::::::: t u.::::: o::::::t.:::: 9....... ........... .. ............. .. ..................... ................................................................................ .............. ....... ........... ............................................. ..................... . ........................... deuet i er t:o:n GreenValle' Cr.e b; p..: .. Y.... ............ .Y. ..................... ................................................................................ :Reinovi..n ;1...cui ►c:yar o chant}el:excaVatl:on mate.a#..:orm t e 9 .... .. ....................... .................................................................................................................... ................................................ E atlequate:pe t on 0f Gree a ley;CMek<fio each 54::Spua e;fest .........................:...............................................................................................:........................................... ..... ................................................................................................................................................................. ........................................................................................................................................................................ rr , h of .. imp:ervi4us surface area created by t e development. Ail. exCavafied,.;:. ate,,,al shall be d.,spt�sed �pf t:ff s te..;by the:.de e:Eofie:r .............:........................................................:..:..............................::.............................................:........... .................................................................................................................................... .............................. .................................................................................................................................................................... at his cost; The s to select on, €and rights,. a d co.nstructiasl . Staler ill>f : lj:'.:<t}1:11F!I:o': ;::>ort::r'ol: :C1:#s€i 9a :Y.::::: . ..�.d.......«.;t; ::.;:.;:.;.::.;.;:;;;: .. . ........ . ....... .::::::: lJ: ..n::<:w::r.i eri::r:.e:,. ... .t :. e<a: C a ri: Cri a:`:;:rtiri'a.t�::;:;::a:;: a M. l... po tt:. .:: q.:es. t pp.. t::: .::Y: e: ...Cas::. p Y :e:::t. ................................... .. ...................................... ....................................... ................................... .......................................... . ...................................... .......................................... .................................. ....................................... . ...................................... . ........................................ lieu o .actua exca ation..and.removal :of'material from C.een .. ....................................................... ...... ........................................................................................... ................................................................... . .. .......................................................... .............................. ................................................................. .... .......................................................................................... V, IJ Greek. , ,,,,,e;c.ash payrnert ;w�tl be::ealCviat:e:d;a ;the:;:ate:of .. X0.1 O;.pe s.qua a foot:of:ne..v�r::mperviau :su,,face.area... ....ed:by the developerr�ent the Cid d.+mperu�ovs SWt.CB area..1,rE3a ><: by this development wil be based on the Flood Control # tstr�ct.s n t .+ a rf r ' ii # > I'' "< r' sta:::da tl. p: :: cus;su.:ace a ea o:d an ::: e:. ood:Co,.,t,,..v.., ...........................................................................................:....:............... ..................................................... ...................................................................................................................................................................... ......................................................................................................................Th!: ....................................1 w• I : r n r >: district �1.:::.use:::these:.. Gree..:.::: C.r:ee:k .............................................. ........................................................ .....................:.......... .......................... ................................................... ....................................................................................... ....................... ....................... r r ia2lf;y'> W:, ate>th. �rrn: ac:t of::.the adds :+onat storrn::water rurti: ff from thrs::deuel:o m n e. ::::... # a p: ::e.... t on San:Rafnon Cfeel< by remo ng 1 cubic ya d of chaf ne[ excavat on mater►al "`;::r r' :it ..f: ri R r ' n k r« n ::: >:::: f:<;:<>::>:;:: :: from h n d. "';''ate. o f 0 a o Cre a ha a oa or.. a. h t:::e d. au.:.. .:p: o:: Sa e e::::C::::.. y d ::.::::e::: :. 5: square feet of new irriper roes su face area created by the dev;eloprnent. i>:::: ::1:1 :<>::. > >:::>::>:::>::>::::>`'::'::f`'.ff= i':>:: a I ::> :<><h :: > : :<;>:,, All excavated: %ater�a s ,a be:d:spo.setl a o s to by t::e de a ope at s:, ost.. The site select an, land rig ts,:;and construction 'stak[f g 1, be by,t Flood. ........................................................................................................ ............................................................................................. Catro I :C7ist rc ......................................... UPee.:+rvritt:er}.tequest.,.t,,,,e...,a.pp.,.ca....,t.,,,:,a.y,,,,,.... a.,c.a. ::::.Pay:::>:e..t.;::::::f eu.:.o....: actua.: excauatlon a,.d em.ovalo. material om San Raman Creek The cash payCr►ef)t .. . .. ►nritl be:Ce1Cu(ated et the;: ate..,:c3f Sa:...10 pe sgWare foot of::.new :.r.mperv�a 4 e cfe:v ' r e` � T »:> ii i ,'`<.: :;>:::: ; f surfac:eareae<reat;ed:> ,Y;t e:op n :.: < e;;adde:: peF .!:ous:su.;:.:ace.area oreated .by the tlevelopment will 15 . Based On .the FIpod Control: ............... 'S standard impervious surfac e.a a dtnanc he Fiaod Control D str.I twill use >:::::::;.:::: :><:>::»»:;:.:: «::<:>::>:: »::>::>::>:<: >::.;:: ::<<>:;::;;:................................................................... th:e;s;e #u:ri'cls;toi w;ar;k ori;;sa n;;Ra;rion :Creel€<a'ri rtua >:: .,:..:.r.: :r;:..:;.;::>;: rri t e rt n rri'::':.:: «:' {::i:> rti: .::.::i:;h' {3 .;.;:.;:;:;:G4nstrupt: c#ra;:.;::a.ge ;>;;;p:o ;;; :e ts:,;do; 5;t;:aa;;;;as;:oWt.:ned ! : e t ;<1;:cr ; ..... .. ... eelp. ............. .. ............ ... 1 ... ... trr r:ave:th.e dfaina e:facilit >throii' h the;SirharneII ro ert: >b>`re Iacin` 1.:.; :::.: 9;;::.:;:;;;.;;;:.;Y;;:.:.;:.;:.;:;9;;.::;:.;:.::.;:.;.;.;;;.;; .:::::;:;:.;p;: p;;;Y;:..... .. 9. ...... . a: r:oxrm:a::..:1:: 2Q:0:;:;f.ee.t:o.f:<th.e:: e:x:�:st.irt' :::24 ':rich::>` :i e int::isth<arte:[le t `':<': r h > ................................................. f sized p pe, Ob g t of efitry ot e5charrte I property to replace th ..2411 D.it::::> :alt: .to.r.m::WAtets:to<::the:We... :si:tl0...0. Nt : <D'iabla<S:c.e.rnGc;::B::. :I..:v:.r.. 8ct.,......5................ .. ....;t.......;. . ; ;;; ;;;;pu;;e;;a;.;; 22 aAd:re:>lace::the:>ex►sten 3�►nch:CLIP cross:culvert<on>:Mt:>1�►ab[o:Sc:entc P;.;.: ::.:.: 9...........;;; qu e e d t a .:8dequa. y s ed# pe Obte ..a nght o entry for the Ulfalfe.property to rev ace the 36 nch CMI?, 1 11�ira►nage ►snprovemenCs n the Sc .amell o..::WQlfe.p opert►es..s all ba sen�tttve to the,mat te. +dlE :.............................................................:..:. ..........................:.... ............................... ..............:.:....:........................... ................................................................ .......0................... . ............................ ................................................ ................................................................. ............................. .................................. .................................................. trees:(.ncludE g Cw7unty des►g aced he tags trees) on slate as much as i,s ,...... ...:. ......... .................. r.ea;$r;rlaibl y rp oss:i.b,l:e t3 :►#> h' '' ><:< Il';,. ,n <;i``::i,s I in>l . al: l '< f rn If :r r Q:::, t.:: .; Ii� ea :t.::S ai�..e to Obtae..g.: aCC.Csa:tfr:t:::.e Svc.a e.: p.::cpe ty., ....::.....::: . to rnsta:ll;;th:e;above;>i pi o;v;e;i a:nts' ............................................................................ .......... .......................................................................................... . .......... . .............. . .. .................. 21; :........ :i stall A:mc e+.ton.:nasi:::::an::s.te.to.:.fu.:l m....l i ate::the.: :.r.e ect;s;; :eak=hgEtr Y ..... 9 p. ..t p ........ ......... . .. ;; . ::::::::::::::.. r40.1. im a ; on Ale><'dow:n tr am r tib s it b w: ri :> h d c:t t e ;: ::: :::::s: e..;..:.:.:d a a e.:::sv:.:te : :.::et:::: e t .e 9...... ..... r......... ........... .................. ............... ........................... ........................................................................................................................................................... ....................... ..................................................................................................................... ................................... 1::. »:::;: :.: laroject 'site and green:Ual e.y C eek The balm shall be pnvatel.y fi r: t ... ...... :«::A:.: .:::.:►: :.r r3 :::T:h :::::: i.n:. :n t:. . r :.: n'lainta: ed.b t :a H:r� :..eo::: rS SSOC at 0..:: e:rna fb: artce.pMCI �M .::.:.:....:.........:.......................:.............:.............................................................:. ..:....................:.................9.......::. ..................................................................................................... .................... ..... ....................... ................................................................................................................................ .................... acid t :e ,u ding p ogram.,,to be:estab,shed.to fund the rnam. enance s all. ... .... ............................ ................... .............................................................................................................................. ....... . .................. ................... ................ .......... .................................. be subject to the re�+ew.a d a,opro a of the Public works bepartmertt.. x . in _r' h> IVI F> ::: >:><::>: :;»:>::Iv. r< >:::>;>: r<M:> ;b;::<: .a.pl. GB the.;e.::.;::$tg::36.;:.;:.;::n.::;.;�:.;:.;:.;:.;:.:c:oss�.cu:.;:.;;e:::�::uncle.;.;:::.;:.;t:.;:.;:.;:,l:abio.:S:Cen1 Boulevard with ar adequately s►zed; pipe The pipe sh. I be partially IoCkCd::t mete :the f a to atcthe O :.:cfi the .exist ing,. .Y 9 insert[ri :a: ort:::::of the;:: . zinc: into:;;t:as ne » ► e:. g:::::.p ::: p:...... . . ................... ................................................................................................................................ . f Exec te:a:re e:rdaf le agree ental.to states:thpft the:devel,vper.;a:nd the owned:and the future owners of the:property w►I;l hold;hermleSscnt►ai Costa:Caunty, is of vers, agents and employees ram any and ail << c1.acosts a d abY. .:.;cud g.;:.;e..sof.ab:8.: tt4 e:Y s fees:,;;::v anY proearty :;;da;mage;: l:n u:y. ;;or.:..deat ;;; nc:udIna; without. .f4ml.tatb. :a11 p...... ................ .. ...1...... . ................ . ............. ..... .................. ... ................................... .................... ........... . . ... ................ ......................................................................... ...................................... . ...................... ............. ..... ........................................................ ................................. co nse. uentia F.«d 'rrta es;:::..om a Y: Cause::: atso.ev.e > to. exs.. 9................ ................g....:.......................................... .....................:::.::.. ....::..:......::::.p.... :: :::::::.:.:::::. ................................ ................ ........... ....................... .............................. ................................ .................................... ...................... ......................... .................................................. ra':::ectY >ar.>si :gdirect p. nd.:rect:X.:f flcient .:o. Errt.:.r..o per P. P Y P : .. maintenance of t a deter�t on bas e frpm floCdir►g downstream frOrtt .:: >> neer ll» :<:.: : t e s.ubtect, property Th s.mag ent sha be .:a recd:ded deed ..... ... ... .. reser eti:an:;:;:cin;;:the:<n:e:w: lots ..................... ................. . .... ............ ....... .................... . ................... .................. .................................. . ............ ...... ...... ............................. .............................. «.::.: .:... :...:.;:.;; ..:::::::::: >:;: ::: B::, a' :::o:.;:t e:a: iti na::>st :r:inv+r.a er:::ru:n:::.>::>:i cri::::rs: v: rri. ate;t. ::: :: p.::Gt: Q.. n: ,t:. o::: o. :::t: ..:dC e:op.(n0n:t ....................................................:.........:::............... on the downstream) d a nage fac►,t►es by per o m n. t e foil.... g wor>f .The vv.Otk::.hOH.:]:::d.e:::the„ .oil.owir. :.;:.:ESted:.;:pr.4.leCt.S !r3that.:I:1sted.;:.:prl:Orit.Y »:'�:h:..B 9 extent:of.,the . crrk.shall lae:l,mite . o a tot abflgati.on.pF Q.:0 pec:s u.a...r.e: 4 pfi imperviCruS sur.. c.,�ated. Y fi. s sut5d►v►sE.on. The prc)ects $hall be contingent pvn the u derI '...g, e p;operty own,e allow►ng adequate aG ess i :<::<:,:.. to. the.5>ta.;.p oud:i:::: a:pr► ate d: a a,easement ovBr;theconstratrrt#qrl;Site:; g ..9 t. .. `i `'l for::. :fi:. :<re l;o; I. tak ng respans b► itY t e p cement:.of andsea.ping and agreeing to Ct t rti.� it their:::present«.::::a:l terra ce::r..PO.nslb�l�,ties,.;::a:nd..:<obfiaEnin acountY �. 3:Q10 ra mage Perm t far the vira k. Hard surface.&Soc I as.patios.-Ariveways aid eorcre#e;paths 5ha11 be replaced as a part of the project. PlaYT ev►ew fees shall,;be.:c.ansldered a. pa t. of ti3e p oleo. n Eneerin :fees .w:ovlcl;;notbe. g c0nside;red..:. :;part;o;.: t e pro set::: n. .:p....ring fees w:o:ul.drl.ot;lie.;consIder..etl<..t .: :.:: ...: g.:.;:: be a part of tl�e project .. a protect ►s not acceptable to the underly►rrg fee property awns , the, t e apploca t wpu d not be l►able to;eonstrucfi#hat pret06t, 23 .................................................................................................................................................................. ............................... If; orte o :bre of the projects are u acceptable to the underlying fee property v re'6r: <:.' 'f h:;:.; ;:;;:;;:;l n:::<:..;:: :t....::: .....n li. : : r. r ::: :;:n::::: :..:.:n:::.x:.: . ::: r�.:... s a:.d: t:9.:.pp qan.::.:s tot.. ;;:d age:a:b. at.:c�............es of bee a p..edeti.,. .... . ........ ..... ............. 5..... ...................... ....... ........... ...................... ................................................................................................................................................................................... ......................................................................................................................................................... .. ............................................ ::., .:.....;. :..::>.:., ..... :. ":."'""':'`' ::is Chen the applrcar t s all cc3ntr►bute the:rema�n ng partron of h s S0 40 per s.q- .... .... .. .... .. ............................................................................................................................................................................................................. ............................................................................................................................................................................................................. iti' [ iris' r vi'<.: ;,<„>.: tfadd:::: r'iii: :<.> :.l i' r '< ':h ovt v. atld t v a p e. 0u5:«Su d a„ age ob...P..%04win tote. a�;nage ...........:......:...........:............. ...............:................................:.....................................:.........:................. ............:...............:::.........: ................................................. .............................................................................................................. ........................................ �;ef%ce cy Fee T Last Fund umber 81:29 OO QBOE}desrgrated for �rnprouerner#te to:the Wit :d drainage fac�l ty:along;than Coekr+ ek The casts .Qf tha .... .............................................................. .................................................. ..:...............................................:..........................:... ..................................................................... .................... . ............................ ............................................. ................................ ...... ............................................................ ................................................................................................ ............................... rstalla:tiort.o: the ;pipe ,o the ac arnell p opetty as outl ned rn..,Cond�trorl 6..C1-1...,...Qr:.:tti.$..c.o.r struCt.:©n...Qf..tha.;de.ont%O.n...khc�S rt aS:.0Utl.irti:e..d...in.'CAnt#fi p 3 ...............:............................. ................. ............... .............:.............................................................:............................. ............................................................................................................................................................................................................. .............................................................................................................................................................................................................. ............................................................................................................................................................................................................ 3S.Q.2 . 'and the dow stream m tr9etffln i.Istetl.be qw, may: e,credrted aga�0st the<app.::gianli t;s::ok�.::gaup :to:paY::$.0.: O:.pa;.:,square:.:oc t::4f:<a:d.d.t.p:na :perv.i:pua. ...:.......................................:........:...............................:..........................:........................................:..............:......................:............ ............................................................................................................................................................... ................................. ................................................................................................................................................................. .................................... strface>exce t;as rioted ve, I e.c.ast of therm Q�rerr►ents shall..be..ba.se p.:::: .... :: p ::.:::.::.: .::::::: ... ........................................................................................................ .................................................................................................. ...................................................................................................... .. ......................................... ................................................d rf :' ,:>< : :.:: :,.:: is w:>:..:.. ......... r.. ;::,. ..:V! :h:: P 1i c.n...:: A. `c.4:s.#:e:st!:::::ate.s:.su.::.}ect tc .;te:;rev:e.::::::ar�.da[ap.,ova#:>:o:::t. :a:<.::.u: c.:: :...:::s Oe'::a rtrrie ''Rctad'<:Er <i nee'ri'i�'>�ivisoh W.H.::::.:::::::::::�:.:::.::::::..::::::::9.:::::.:.::::.. Q.::.:::.:::::::.:::::::::::. ...................... ............................. ............................................. The dray age.m tkgatra works all be for capacity enhancement and ero$ran Gpr�trfi[. Tlt o fng A;d �nastM!: r .shall .make.the fifnal deterrnGnatio f0r .............. .............. oca;tion ;an e:xto:ht o::'t:e;a.;; site rare a e`rm ;r;ove:iner t ................ ................... ........................................... . .............g.. .. ..p ................... ..... .............. . ................... ............................................. ..................... . .................................. ............ ................ ............................................................................................... ................... .......................... ................. ; ; k.,: ,.:e;>f ; ;k is; f, , 1 mproye th d a nag ac I ty ac oss the Golf Course rom the:south S e. ... ... ... .................................................. ................. .. ... ......................................... ................................ .......................................... ' .` ' ' . ; ;;;:;;;;; fthe >l7rablo :Cou tr : Club Golf.::C.o: rse::::to:::1' 1 .Calfe.:Arr.o::c . . .................y............................................................................. ...........................y..........1� . . ................................. .................................................. .............................................. ........................................... . ............................... . .......................................................................................................................................... rnst:aIt'r:n <>:a rox�mate1 ><25b=feet:::;of araltel::> : ::<:::> r e ><Portror s:af:::the 9::.:::.1.py :::::::::::.:: ::.:::::::.::::.P::::::::::::::::::::::::::::...p.:......::::::. .:::::::::::::::::: : ::::::::: .................... ................................................................... .......................................................................................... ................................................................................................................. .................................. e.....St n. ..m...: pipe.:::. 6...d..etc.r�o...a.t.►n. :.a:.d.:..�a.u.s�n: ;;sett:l.er er:f r tt;e 9 :..: 9 .:: : :.:::9 .. ................................. ........ ........ go:l>f'course:; ................................ ...... ... ...... . .. ...... . .................................. . .......... .......... .......................................................................... .......................................... ......::::::.::.::::::.. 2;: Replace the dra age facr rty .,ocated Betw.eert Club House Road and a ..... . ..................................................................................................... ................................................ ..................................... . ..................................................................................... .......................................................................................... rn:::>:::. : roxem: :t..#::» e .;:: w:NS. ..........rn:<;: <; ;::h` >> u';;;H...:S i3;:::R.:,.:.:'. A.p....::t...:a.P.la.::e:.Y..::::.:..:..0..:. o.tdo. :::tea,..::.:d.:::::t:::.e..:::C::..:b4.p :..::.::Qad. ................................. ..................... ......... ..................................................................................... .................... ................ ............. ...... n r I h n . i ' e. trance:t:Q;th . t Y adequatesize;; ....................... ........................... ....... .......................................:.............................. .............. .PS. Convey to the County, by Offer of Dedication, additional right of way within the applicant's fee title interest along the Mount Diablo Scenic Boulevard frontage of this property as required for the planned future width of 28-feet as measured from the centerline of the roadway widened to approximately a 22- foot width along an alignment subject to the review of the Public Works Department, Road Engineering Division, and the review and approval of the Zoning Administrator. GE The applicant shall contribute a sum to the State of California for modification of the vertical curve on Mount Diablo Scenic Boulevard near the northerly line of this property. The contribution shall be placed in Public Works Trust Fund 819200-0800 and the State of California shall be adequately notified of the availability of the contribution and prerequisites to use of those funds. Accrued interest will remain in this account. This contribution shall be held for up to 24 months. If the State of California does not accept the money within the 24 month period the contribution shall revert back to the developer. The amount shall be based on a cost estimate prepared by the applicant's engineer subject to the review of the Public Works Department and review and approval of the Zoning Administrator. The contribution shall be placed in the Trust Fund prior to the filing of the final map. A prerequisite to the State's use of the 24 contribution is construction of the vertical curve improvements. RU. The applicant shall execute a road maintenance agreement which requires the owner(s) of the property to share in the cost of maintenance of off-site road improvements along Mount Diablo Scenic Boulevard and on-site road improvements along the frontage of their subdivision. The maintenance agreement shall provide for on-site and off-site portions of the asphalt concrete path. S.V. Prior to issuance of building permits, file the Final Map for Subdivision 7462. TW. .. Undergrounding of all utility distribution facilities along the Mount Diablo Scenic Boulevard frontage of this property. 44.K. A homeowners association shall be established to provide for perpetual maintenance of the detention basin. The homeowners association shall be responsible for: 1 ) Monitoring of the detention basin facilities to assure that: a) The potential for obstructions to clog the outlet and metering facilities is minimized. b) The capacity is maintained by periodic dredging and disposal of dredged material. C) The detention basin facilities are maintained in an adequate and operable state at all times. 2) Landscaping and vegetation is maintained in a manner to adequately maintain the capacity of the detention basin in a manner which will minimize the potential for clogging or blocking of facilities. 3) Submittal of a basin maintenance monitoring program to the Public Works Department and Zoning Administrator at a minimum of 5-year intervals. Provide a professional lake management plan subject to the review.of the Public Works Department, Road Engineering Division, and the review and approval of the Zoning Administrator, if the detention basin will retain any water continuously for a period of more than one month per year. The lake management plan shall provide recommendations for construction of the detention basin, grading, landscaping and maintenance (including water treatment for various organisms, algae and plant life which may be anticipated) in a manner to maintain a reasonable level of water quality for the proposed use. Implement the mitigation measures of the lake management plan subject to the review and approval of the Zoning Administrator. 25 W.Z. Provide a detention basin safety study to determine adequate mitigation measures to minimize safety hazards in the vicinity of this facility. The detention basin safety study shall be subject to the review of the Public Works Department, Road Engineering Division, and subject to the review and approval of the Zoning Administrator. Implement mitigation measures subject to the review and approval of the Zoning Administrator. 11000 eSei+W.&c .istrict 37, Tie'ciwner of tihe pic}perty s all part[c�,pate [n the prov[s[an of fund ng to rna[ tarn.and: aurent # olio se :ices by ot�ig to app e a spec a tax ,t e pa ce s c eatetl i?y this subdivisidn approval. The; tax sha 1 :be the. periarce annual amount #w [th iii>:'::r,;'' :::::::: t . >::: d' is :i . .<`.:} r<`':>>: >::':t:; ::::: ;;: :i;>::<:::>: ::::f >' ria fiiat''re `tlsu a frc .e dex st e t t e eta s d t t e. m a Cep::gip.:::.::te:::::::u.: o c <:: a )u;.;.:.>::.;;; 1 s.:: b: . . e:::::a;;;;;;:.t::.:e: . u:airn b »>the: Boar :::of> u ervrs:ors. ... #�e..e.echo to... .z�vide o ..t: tax s all .b.e. 9:::: Y.: p.:::: P .:, p mpseted{�rigr to ttie filing of the Final;Map. 7 e .rt�p�rty Uwner shall be respo...'bie. fflr.paying the. cost;of holding the a ect on, p yab a at the Uin t at t e electkon Is :.....: .......................................................:..... .. . ........... .......::........... r q eS.te[ss>krY e O-Wner: E'nergv o s rvati�. P:rograrn fit' m : he a s' `ars::>sh . 1, ..b i"> f . 3.8.,., At.I,aast 30.da: s::.:r o.r.:ta .. n a jnal ap,t.... p .�c t al::su m tithe. v.ia. n. :fv.r Y p :::: ..:. g p E.# ...::: t e<:;rev w„ app v2�»o;;;:the; on n..;;d in str..,ata - provide for future pessive:;or natures heat ng or cooling t pportuntties M.,th�n the ,...... .....:;. :> ....................... . ::;:> ::: ....:.:..... ..:. ..:...; . sub.d.ivi.sio:n:>iand: t.:::e.t.l a:des:[:n:>:cif::t::'e:r.es[: aince:s:::a0.6. w:rm:my:n: ::: :o:ol:9::::o::t e. . : : g . . g P. :.:..: : .:::. ...::::.:. ............................................................................:.......................... ............... ......::............ ........................... .......... extept 18O.SI.b1e .... ::;: v�:. h:. >:s? :::::Ir. s:>::r: v.i. :w. ::::;:::h.;>:dieser;.:bilia ::df>;;;.:.r':i::i at:iso >in>::.:h >p ... cfenee t :et. ::,e:::a.: ,e. e ed t e. a::.:: y:::: pa:t.: :.p. t :e... C &.::: . . .: . . ::::::...... r3.:::: .................................. ................ ... ................ ............................................................. . .................................................... ener conservation :;i.ndentivies for B.u[Iders;<: r:o ram.>:::Sh:ould>:he choo.s.em:ot rd.Y,::......... ....... . .::::.. ......P. J::. :: :::::: .:. .ilii tv...partl:c[pafie..::the applicant:::Shat. � . .cate n,,,,, t r the easans wh :h the .... .... 9. .. . . .......:: ::: . ......... . . ..... ...:.:::.. elect nig<no ;to pan tie[;pate;;;in; the p.ggra ; a utt� � fi6 itin rv � .:::..::.;:.;::. . . ......... ......... . '. r ...::::rti..:... ov..:rim :n.t:::Code:::.:e:: ion .6.4:7:;. 9: fle a':<.:.Ili'..'.'n: i0-l:u.::rha E :: : i':MOW d: t.tp{a e;:;: :: ;;;;; ::;;; ;s;:;et:; ::;;.;:;;;;;,:t; .;; pp <ea t<{.;;;c: d 9 t. e suo.d.:::: de:. hall; . 'fend' in ni n; >hol 6 :: er:any ;a ent. thereof.).s de., diem ::y, a .d d.;.harrntess.:the Co tra GtsCa 9, ......: . . :,: i .;: f.fi.::.:....: Ur1tY:.;::E ( ,nnn. :::A .Dnp..Y:.::a.:::..d...:.::.:ts.::..a...g.ents.:::p::...:perS,,:;::and:..erzt.P...i.4.YeS:.:>fry:m <an:: g 9 Y f act[ian:>:<:or>:> :roc;eedii '` a a� :st:th: A enc (th.e. C.a.unt .a or:::its a eats. officer..s..:::or. >.::.;;<.;:.: P:.;;.;:.:::: :;:.;:g..: 9 :: y: : ::. .:::::::::::::.y .;;;;;;r m I ;.: e a att ;[e;:set;:aSrd :<void >or>enn: Xr.e A en r::aval r cern�i :::thi .::.:C:..oxe.:s t. aC . .: .; <.: ::: F .:::::::::.... ;.::.;:;;g;;.;;Cy.a�:: Al . : ¢:::::::: g "a . ui�d v si;on.::Ma..p>gp.pjp ton...;w1i%ch.ar son#s.b ought within.tt�e t�me;persfl...., rov..ded. sa . . ... . r tr7 Sectors 06499 37County vvi11 promptlji notifjr th8„Swbdivder of any such c a rn, action, or proceed'[r..g . nd:tb. rate fully [n the defense 26 0 ADVISORY NOTES A. This project may be subject to the requirements of the Department of Fish & Game. It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47,Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. B. This project may also be subject to the requirements of the 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. C. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the South County Area of Benefit as adopted by the Board of Supervisors. D. 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. E. Comply with the requirements of the San Ramon Valley Fire Protection District. ........... .... ........... ........ ...... . .. .. ...................... ........................................................... .......... ......... .. ....................... ......... .............. .................... ........................................................................ ............... ............. ................................................ .................. :> e::re wired>to:>eorri` I ;vti:rthall:r:u es>:; ...; [ :. ; . F. Tf}e app.cant shall.b... q. p y egufaC ans and prccetlures fl... h ;>lt i n. I>P If ai ; har f_Iiiri "inti 'I# D6 r iii'.I':':.,: <: ; '< :'` t::: .:::: t:o a.:::::a:: :::::t.:::::SG::: e.:: ::::: at 0:::::�v.YSte::::::4::::::::: .51.: 5 P:O.: U. afi9ff:.;bY.;;th ........... .. 9.. 9... Ca.,is:f©rnla State Wate es.ources Contra Boa d, or any of its reg[o:nal water qul[ty eer tno boards (S.. F.a. c.sco ...a.y e.gkgn I .o Central Valley F�eg�on. V}. G. Cr�mply with the tl8;,a op e t ee pay e t equ ,e e f S.of the Sen Rarnon Ua.IIeY Uri[:fied::5chool<D:i:strcfi at time:of:isst�ance:<;flf b'ul;dn ":e'rm[ts ........ ...:: ............ :::: ::::. .. ..::..... 9. P . .. ................. ........................................................ ........... ................................................................... <r 'ire ;< <::f;'<': nstr e<,#, ,>; :> ;,. . «:«;>: y>;;. e H. comply with tFe requ[ a is o, the C.o t on:Use of lRecycled Ullater �rtl[r}ance Ot t-' 9 I 41: .................................. ................................. ...... .... I. l`xCept es OthBi wise Stipul tetl in;thB fpreg0 rtg COntlitiOnS Cr# a.pprov E, v:S.:prA#00VIS . u;b3et::to:>the<:develo en ::fe:e..s n;eff:ect<:::und......t;`;>or p.:::.;.:::. :;:: .: :::::: P.. 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P.: :.::: . ..(............................ .. ........................ ............................................................................... .................... ................. ............. ................ ....................:.......:..:. J <:The a l ear t is>aduised that tl a to for:the. a Ice ser.vlces.d.lstri.ct..l.s cur.r.e.ntlTS. t b . P .:::. :::: ..:. ... Y,. ::::: :. Y ... ..:::.:::::.:.;: h ;B rd f;:. fdi:i rs :at::>:;:5:2 r::> r :e:<: 'nn int:r a . r` r:�a > », r... t:...e.o:: :aa::. :: S.0 e:::: s Qt ::.> e .pa...c a . ua. :x.::.t .:,:t.:::::: :p off..: .to ::uta.e Gansu er Price Index(CPI];adjustments}, The aM.ua fee.,ls subject to mods IcatlCn h tY B:B.ba:r.d:of.:S . , ruiS ►S.......A :.fu:t.ur. ... 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