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HomeMy WebLinkAboutMINUTES - 11021993 - H.4 TO: BOARD OF SUPERVISORS Contra Costa o: FROM: HARVEY E. BRAGDON 1 %�%JII011 S County DIRECTOR OF COMMUNITY DEVELOPMENT ;,1 ;o O�,; _ yti4 DATE: October 26, 1993 srqz-------- --cA rr't SUBJECT: Hearing on Rezoning Application #2944-RZ and companion application Development Plan #3003-91 to rezone approximately 85 acres from General Agricultural (A-2) to Planned Unit District '(P-1) , for a maximum of 51 lots, and Hearing on Appeal of Subdivision 7633. Subject property is located in the .Alamo area. Application filed by J. Patrick Land (Applicant) BJ VI (Owner) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. In accord with the recommendations of the San Ramon Valley Regional Planning Commission: A. Accept the Environmental Impact Report prepared for this project as adequate and complete; B. Adopt the Mitigation Monitoring Program for this project; C. Adopt the statement of Findings and Over-riding Considerations; D. Approve Rezoning Application #2980-RZ as recommended by the San Ramon Valley Regional Planning Commission; E. Approve the requested Final Development Plan #3003-91 as conditioned; and F. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set date for adoption of same. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF ,BOARD CO ITTEE APPROVE OTHER 'SIGNATURE(S) : \ ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS' I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT + TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF ' SUPERVISORS ON THE DATE SHOWN. Contact:Catherine Kutsuris ATTESTED `/t&V- ;I, , cc: Community Development Department PHIL BATCHELOR, CLERK OF J. Patrick Land THE BOARD OF SUPERVISORS Mitch Avalon-Public Works /SAND COUNTY ADMINISTRATOR BY 10 , DEPUTY CK:df AL Page Two 2 . Affirm the San Ramon Valley Regional Planning Commission's approval of Subdivision 7633 subject to the attached conditions. SHOULD THE BOARD MODIFY THE CONDITIONS OF THE DEVELOPMENT PLAN OR REZONING WHICH COULD RENDER PERMITS INCONSISTENT WITH THE APPROVED SUBDIVISION, APPROVE STAFF RECOMMENDATION #3 : 3 . AMEND CONDITION OF APPROVAL #1 TO ADD: This subdivision approval is subject to any requirements imposed by the Board of Supervisors in the approval of the Rezoning and Final Development Plan by the Board. 4 Direct staff to file a Notice of Determination with the County Clerk. FISCAL IMPACT None BACKGROUND1REASONS FOR RECOMMENDATIONS The applications for this project were filed with the County on February 4, 1991. The applications consist of a P-1 rezoning, a final development plan, and a vesting tentative map to divide an 85 acre site into 51 residential parcels on 30 acres. The remaining 55 acres would be devoted to permanent open space. The applicant's revised site plan, which was based on the "Environmentally Superior Alternative" in the project EIR as amended by the proposed Conditions of Approval, provide a project . which is sensitive . to the site environment, contains adequate protection for hillside areas, and is consistent with the County General Plan. The project would concentrate most of the development along the valley floor, and would set aside 65 percent of the project area as permanent open space. Proposed Conditions of Approval, which include conservation easements, additional residential building standards, preservation of a wildlife habitat area, a trail connection between adjacent properties and the park lands, measures to minimize grading impacts, and the protection of additional trees beyond the 97% preservation rate proposed by the applicant, results in a project which has achieved the proper balance between the environmental constraints and opportunities of the site. The project was initially heard by the San Ramon Valley Regional Commission on March 31, 1993 and was continued to allow an agreement to be reached regarding the off-site access road alignment and design. The Commission declared their intent to approve the subdivision and to recommend to the Board of Supervisors the approval of the Rezoning and Final Development Plan at their August 4 , 1993 hearing. The final decision, including the approval of the attached findings and Mitigation Monitoring Program was made at the Commission's September 22, 1993 hearing. The applicant filed an appeal of the San Ramon Valley Regional Planning Commission's approval of Subdivision 7633 . The applicant filed the appeal because of their concern that should the Board amend the Rezoning or the conditions of approval for the Final Development Plan, the Subdivision might be rendered inconsistent. Should the Board amend the attached conditions of approval, staff recommends the Board amend Condition of Approval #1 to ensure consistency between the three related applications. ADDENDUM TO ITEM H.4 NOVEMBER 2, 1993 The Board on October 26, 1993,continued to this day the hearing on the recommendation of the San Ramon Valley Regional Planning Commission on the request of J. Patrick Land Company(applicant) and B.J.Vi(owners)to rezone 85 acres from General Agriculture(A-2)to Planned Unit District(P-1) (2944-RZ),a request for Final Development Plan approval for a 54 unit single family residential subdivision(File#3003-91),and request for a vesting tentative map to divide 85 acres into 54 residential lots on 30 acres with the remaining 55 acres for open space;and to consider the appeal of J. Patrick Land Company from the decision of the San Ramon Valley Planning Commission relative to Subdivision 7633 in the Alamo area. Dennis Barry of the Community Development Department commented on the revised site plan that is based upon the environmentally superior alternative in the Environmental Impact Report(EIR)that was conducted for the project. He explained the drainage provisions proposed for this project with the intended goal to preserve the habitat of the red-legged frog in that area. Mr. Barry presented the recommendations of the Community Development Department. John Moore,representing the J. Patrick Land Company,summarized the development process of the preferred plan and the role of the Alamo Improvement Association in this endeavor. He advised that his client concurs with the preferred plan and with the conditions of approval that were approved by the Planning Commission. Mr. Moore emphasized that the appeal of the tentative map was filed as a protection in case the Board opted to make some changes to the zoning in which case the Board would have the tentative map here to make the same change. Seth Adams, Save Mount Diablo,P. O. Box 44,Martinez, spoke of concerns relative to the preservation of open space areas and the habitat of the red-legged frog. Mark Armstrong,representing Marty Sherman,P. O. Box 218,Danville,advised that Mr. Sherman owns and manages the Sherman Ranch which is an operating horse ranch immediately below the proposed project. Mr.Armstrong conveyed Mr. Sherman's desire to continue with the operation of his ranch as a horse ranch and of conditions in place to address it. Mr. Armstrong requested an adjustment in the environmental review that would provide the opportunity for the Local Agency Formation Commission to consider annexing the Sherman property in addition to the Summit Ranch and the project property when it considers an annexation to the East Bay Municipal Utility District,to the Recreation District,and to the Central Sanitary District. He advised that it is his understanding that staff does not have any objection of this additional environmental review by way of an addendum to be included in the Board's findings and that again will give the opportunity for LAFCO and this Board when it comes back to be the conducting authority to consider the Sherman property as part of the proposed annexation. In rebutal,Mr. Moore advised that he would not have a problem with the designation of scenic or open space areas that would preclude development and of his willingness to prepare such an easement for staffs review. He recommended that the Zoning Administrator be designated the mediator should an issue arise. He commented on environmental concerns of Fish and Game and the preservation of the habitat of the red-legged frog. Mr. Moore advised that he agrees with the addendum proposed by Mr.Armstrong regarding the inclusion of the Sherman property in the environmental document. Mr.Moore further advised that he would be willing to make a voluntary contribution of$400 per lot to the County Affordable Housing Fund. All persons desiring to speak having been heard, IT IS BY THE BOARD ORDERED that the hearing is CLOSED. IT IS BY THE BOARD ORDERED that the recommendations of the Community Development Department are APPROVED which include: a. Approval of rezoning application 2944-RZ,Final Development Plan 3003-91,and Subdivision 7633 with conditions as amended to provide for an addendum to the Environmental Impact Report for this Project that would make the EIR adequate for LAFCO purposes in considering annexation of the Sherman property along with this subdivision,and the voluntary contribution of$400 per lot to the County Affordable Housing Fund. b. Introduction of Ordinance 93-79 giving effect to the rezoning,waived reading, and setting November 9, 1993,for adoption. FINDINGS AND CONDITIONS OF APPROVAL FOR THE STONEBRIDGE CREEK ESTATES PROJECT - SUBDIVISION 7633 REZONING 2944-RZ AND FINAL DEVELOPMENT PLAN 3003-91 P-1 DISTRICT FINDINGS: 1 . The applicant has indicated they intend to commence construction within two and one- half years of the effective date of final project approval. 2. The" 51-unit project, as conditioned, is consistent with the County General Plan. The project site plan and architectural guidelines as amended by the proposed conditions assure aesthetic protection of the hillside areas. Special measures are provided to safeguard against fire hazards (e.g., interior sprinklers, fire retardant roofs, fire breaks, fire department access to open space areas). 3. The project will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the nearby community. The project which proposes lot sizes of 15,000 to 20,000 square feet and would set aside 65% of the project area as permanent open space will link the site with both the residential areas and the adjacent park lands. 4. In accord with the required findings of the Planned Unit District, the County finds that the development of a harmonious, integrated plan like this project, justifies exceptions from the normal application of the Ordinance Code, including variations in parcel configuration and design to provide better conformity with the environmental features of the site. GENERAL CONDITIONS 1 . Development shall be based on the following exhibits except as modified by conditions herein: A. "Recommended Plan" dated received by the County Community Development Department on March 16, 1993; B. "Stonebridge Estates Architectural Review Guidelines" dated received by the County Community Development Department on March 16, 1993. C. "Tree Preservation, Removal and Dripline Infringement", Final EIR, pg. 3.6-6. D. "Summary of Proposed Tree Removal and Dripline Infringement", Final EIR, pg. 3.6-24. E. "Geotechnical Investigation on Stonebridge Creek Estates",Terrasearch,March 24, 1992. F. "Geologic and Soil Investigation - Erosion and Stability of the Creek Bank Adjacent to Proposed Off-site Access Road for Subdivision 7633",Terrasearch, March 26, 1992. 2 �► G. Off-Site Access Road Alignment Study, prepared by Bellecci &Associates, Inc., April, 1993 as modified by these conditions of approval. 2. A maximum of 51 single-family residential lots shall be permitted as shown on the "Recommended Plan" and as modified by the conditions herein. 3. At least 60 days prior to the filing of a final map or the issuance of grading permits for on-site or off-site development, the applicant shall submit to the Zoning Administrator for review and approval a revised site plan, grading plan and two copies of related study documents listed below (A-M). The revised site plan and grading plan shall also incorporate all recommendations of the study documents. All study documents shall detail the time frame for.start and completion of recom- mended measures and the mechanism/procedures necessaryto ensure implementation. The study documents shall clearly identify changes to the site plan and grading plans necessitated by their recommendations. A. Revised Site Plan and Grading Plan: The revised site plan will incorporate the following changes: 1) A pedestrian/equestrian trail and trail easement on-site to link Roundhill North and the Diablo Foothills Regional Park trail system at, a location described as starting at the southeast corner of the property, traveling to the east of the large stock pond, and connecting to a gate along the northern boundary fence near the location of Lot 38 on the revised plan, dated March 31 , 1993. The location and size of the easement shall be reviewed by the EBRPD and R7-A prior to submittal to the County Zoning Administrator. (MM 3.7-5); 2) The adjustment of lot #23 to the south (off the nose of the slope), and the placement of the building pad on the more level portion of the lot (NIM 3.3-4B); 3) A reduction in lot size to conforrn with the project as analyzed in the EIR and the proposed mitigation measures. The developed portion of the site shall be reduced by approximately one acre. The average and predominate lot sizes shall be between 15,000 and 20,000 square feet, the rear lot line on Courts A and B shall be moved down the slope, and a larger open space area shall be provided between Lots 1 and 4 - 7 and the west property boundary. 4) The use of a graded 8-foot cross slope from side to side for Lots 4; 9, 10, and 19; 5) Building pads limited to 12,000 square feet on lots 4,5,6,7,8, 20 and 21, and the building pads located on the lower portion of the site to the extent feasible (MM 3.1-4); NOTE: "MM" refers to the Mitigation Measures in the project EIR. 3 6) The use of 3:1 vertical cuts between lots (MM 3.1-4); 7) Preserves Trees identified as #31-36 in Figure 3.6-2 of the Final EIR (MM 3.5-8); 8) Incorporates design features (e.g. barriers) and signs to prevent vehicular access to open space areas (MM 3.6-1 D); 9) Preserves the following trees as identified in Figure 9 of the staff report (MM 3.6-2): a. The willows and mature oaks located at the northwest portion of the site (ID # 435- 437); b. The small stand of oaks east of Court A (ID # 32-36); C. The dense willow thick and mature trees on the hillside to the east of the large stock pond (ID #16 and 17) d. Tree #31 by adjusting the alignment of the roadway; e. The trees at the southeastern portion of Court A (#84 and 113 - 1 16) by minimizing the fill on cul-de-sac "A" to preserve trees at the southeastern portion of the court. f. The isolated trees and woodland near lots 27 and 28 (old lots 26 and 27 by minimizing grading; g. Tree #37 unless there is no feasible means to retain the tree consistent with the conditions herein other than to eliminate the lot. 10) Provides a minimum 100 foot buffer around the large stock pond as measured from the edge of the pond. (MM3.6-5a) 1 1) Adjusts the Scenic Easement line so that it covers the portion of the residential lots which is 30 feet above pad elevation (MM 3.5-5). B. Revised Off-site Access Plan and Grading Plan as follows: 1) Alignment of the roadway to eliminate to the extent feasible, in consideration of the conditions herein, the loss of mature trees consistent with the Off-Site Access Road Alignment Study, prepared by Bellecci & Associates, Inc., April, 1993 as modified by these conditions of approval. (MM 3.5-7). C. A Revised Wetland Restoration Plan. The Plan, prepared by a qualified. biologist, shall be consistent with Mitigation Measure 3.6-3(a) of the Final EIR NOTE: "MM" refers to the Mitigation Measures in the project EIR. 4 , . noting that the small stock pond and the upstream channel to the south of the small stock pond would not be retained (refer to page 3.6-28). The Plan shall be submitted to the California Department of Fish and Game and the US Army Corp of Engineers for review and/or approval prior to submittal to the Zoning Administrator. The agency's comments, if any, on the Plan shall also be submitted to the Zoning Administrator„ D. A Tree Preservation/Protection Plan. The Plan which shall be prepared with the assistance of a certified arborist or a licensed landscape architect shall identify measures to ensure the protection of trees identified in Condition #3.A.9 above and other trees located on the project site or along the access road which may be adversely affected by construction. The Plan shall include detailed guidelines to control possible damage to trees and vegetation, including construction related impacts and long germ effects due to changes in drainage or irrigation. Trees located on the project site or along the access road which may be adversely affected by construction, shall have fencing installed around them. The Plan shall include the standards and specifications detailed in the EIR (refer to MM 3.6-2b). The Plan shall also provide for a tree replacement program which will provide for one replacement oak tree, minimum 15 gallons for every 20 inches of aggregate trunk circumference of trees removed as determined by the final site plan. Siting of trees throughout the project site shall be based on a plan prepared by a licensed certified arborist or a landscape architect. The program shall be accompanied by an estimate of the cost of materials and labor to complete the work. The tree replacement program shall be carried out prior to the County's acceptance of the public improvements. E. A Wildlife Habitat Restoration/Protecticin Plan. The Plan shall provide detailed recommendations to ensure the protection and enhancement of the red-legged frog habitat on the site, and shall evaluate the feasibility of managing the pond as a detention basin. If the Plan finds that the pond can be used as a detention basin without threatening the viability of the red-legged frog, or precluding the Flood Control District from the performance of routine maintenance operations, the Plan shall detail the conditions under which this dual use can be achieved. This will include providing for a silt removal basin upstream of the pond or providing other means to remove silt and debris from the influent water. The Plan recommendations shall reflect the understanding that the habitat area must be designed and managed such that the future residents will consider it a significant amenity to the site. The support of the future residents will be critical to the success of the Habitat Restoration/Protection Plan. The Plan shall include all measures detailed in the Mitigation Measure 3.6-5A of the Final EIR (refer to pages 3.6-30/31) including measures for providing interim habitat for adult frogs and larvae during the retrofitting of the large stock pond. The Plan shall also detail the measures to ensure the ongoing success of the habitat. (MM 3.4-1/MM3.6-5) NOTE: "MM" refers to the Mitigation Measures in the project EIR. i 5 The Plan shall be prepared by a qualified biologist in consultation with the State Department of Fish and Game, the Contra Costa County Community Develop- ment Department and the County Flood Control District (MM 3.6-5A) F. A Creek Restoration Plan. The Plan shall provide for the preservation and enhancement of the segments of riparian woodland located at the northwest and southeast portions of the project site specifically taking into consideration the necessity of maintenance functions required for the long term viability of the frog habitat and flood control objectives. G. A Street Light Plan. The Street Light Plan shall address all streets within the project site. Ornamental light standards are encouraged. Light on the private roads (Courts A, B and C) shall be limited to low profile standards (e.g. 4-8 feet in height). H. Design Level Geotechnical Study: Two copies of the geotechnical study which addresses all of the related conditions herein must be submitted. The study must include recommendations to ensure the adequate maintenance of site improvements. I. Revised Architectural Design Standards: The revised document shall include text and graphics based on the revisions to the site plan and the recommended conditions herein. The approved document shall be attached to, and referenced in, the CC&Rs. J. Condition Compliance Report. The report shall summarize all conditions that will be complied with assuming approval the revised site plan, the revised grading plan and all study documents identified above. K. Erosion Control Plan. The report shall address all measures identified in the EIR (Mitigation Measures 3.3-5 and 3.4-11 B). L. Access Road Landscape/Hardscape Plan. The Plan shall include designs for the landscaping at the entrance with Livorna Road, along the access easement, and at the entrance to the project site. The Plan shall be certified for compli- ance with the County Water Conservation Ordinance. The use of naturally indigenous trees and shrubs is encouraged. The Plan shall include any designs for an entrance monument. The monument shall be located at the entrance to the subdivision, on the project site. M. Bridge Design: The submittal shall include elevations and material color samples. N. At least 30 days prior to the issuance of a grading permit or the filing of a final map, the applicant shall post a cash bond (or other acceptable surety) for the required work with the Community Development Department. The term of the bond shall extend at least 36 months beyond the completion of the required subdivision improvements. Prior to posting the bond, a licensed arborist shall NOTE: "MM" refers to the Mitigation Measures in the project EIR. 6 3 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 the development. The tree bonding program shall be subject to the review and approval of the Zoning Administrator. GEOTECHNICAL 4. At least 60 days prior to the filing of a Final Map or the issuance of a grading permit, the applicant shall submit to the County Zoning Administrator for review and approval a design-level geotechnical report prepared by a geotechnical engineer and an engineering geologist. The report shall address all measures recommended in the "Geology/Soils" Section of the Final EIR ( pages 3.3-11 through 3.3-26), including supporting information detailing the mechanisms/procedures by which the home- owners association will ensure adequate maintenance/repair of the property so that the geologic/soil repairs remain stable (MM 3.3-10). Grading for landslide repair or for lot placement over the 26% slope line shall be minimized to the maximum extent feasible consistent with the conditions herein. The Zoning Administrator may allow slopes of between 3:1 and 2:1 of Lots 11 - 15, 24 -- 26, and 34 - 51 limited to 12 foot vertical distance if the design-level geotechnical report: finds that the slope will be stable and maintenance is assured. 5. The applicant shall retain the geotechnical engineer and engineering geologist (who prepared the design-level geotechnical report) during the construction phase to ensure that conditions are as anticipated, to inspect excavations, and to recommend appropriate changes based on site conditions. The geotechnical engineer and engineering geologist shall submit to the Zoning Administrator a letter summarizing the results of the observation. The geotechnical engineer shall provide an as-built geologic map showing stratigraphic units and structural features exposed during grading, using the applicant's as-built grading plan as a base map (MM 3.3-10B). 6. Record a statement to run with deeds to the property acknowledging the approved report by title, author (firm), and date, calling attention to approved recommendations, and noting that the report is available from the homeowners association. 7. A grading_ bond is required for the work necessary to carry out the grading plan and final development plan. The applicant shall provide sufficient information to estimate the cost of required improvements or provide a contractor's estimate. EROSION CONTROL 8. All grading activities are restricted to April through October (MM 3.3-5a). 9. The applicant shall prepare and submit to the Zoning Administrator an Erosion Control Plan that meets all of the specifications.of Mitigation Measure 3.3-5 (b)-(f) (refer to Final EIR pages 3.3-21/22). NOTE: "MM" refers to the Mitigation Measures in the project EIR. r 7 FENCING 10. Prior to the filing of the final map, open wire (3-inch maximum diameter) and post fencing shall be installed along the west and east borders of the site to separate livestock and domestic animals. (MM 3.1-1(a)) 11 . Fencing 20 feet above pad elevation shall be limited to open wire construction with six-foot or greater centers. COMMON OPEN SPACE 12. Prior to the filing of the final map, the applicant shall submit to the Zoning Adminis- trator for review and approval the text of the Conservation Easement which will provide that all structures (whether a building permit is required or not) shall be prohibited from the Conservation Easement Area. Improvements within the easement are limited to landscaping and open wire fencing with six-foot or greater centers. The Conservation Easement shall be dedicated to the County for areas shown on the revised tentative map. (MM 3.5-5) 13. Prior to the filing of the final map, the applicant shall submit to the'Zoning Adminis- trator for review and approval the text of the Conservation/Scenic Easement. The easement instrument shall provide that no grading, development activity or removal of trees may occur in the area without prior written approval of the Zoning Administrator, The Conservation/Scenic Easement shall be dedicated to the County for the areas shown on the revised tentative map. 14. The applicant shall provide evidence that a certified arborist or a landscape architect has approved the grading plan for consistency with the conditions herein related to tree preservation. 15. No tree shall be removed prior to the Zoning Administrator's approval of the tree preservation program. 16. The CC & Rs shall prohibit the removal of trees within the open space areas except upon prior approval of the Zoning Administrator for safety reasons. TRAIL DEDICATION 17. Prior to the issuance of the first residential building permit of the subdivision, the applicant shall establish a public trail connection through the property to provide on- site access to Diablo Foothills Regional Park, and a public pedestrian/equestrian trail on-site to link Roundhill North and the Diablo Foothills Regional Park trail system. The approved trail easements shall be conveyed to the County, to the EBRPD, or to another suitable public entity. If the public agency which accepts the trail easements is unwilling to maintain the easements, the applicant shall designate in the CC & Rs that the homeowners association is responsible for the maintenance. The applicant shall include the costs of the trail improvements within the performance bond. NOTE: "MM" refers to the Mitigation Measures in the project EIR. 8 The trail system shall include the following measures subject to the review of the EBRPD and the review and approval of the Zoning Administrator: A. The trail shall have a multiple-use gate at the park boundary that is self-closing, thereby preventing livestock from escaping into the community. It shall also be designed to prevent illegal motorcycle access into park lands. B. Trail signs with directional arrows and destination mileage shall be placed at the park boundary and vicinity. Signs shall conform to EBRPD standards. C. A two-sided informational bulletin board shall be installed at the park boundary. This will inform park visitors of park. regulations, provide park maps for orientation, and information about flora, fauna, and other items of interest. LANDSCAPING PLANS 18. At least 60 days prior to the submittal of the Final Map, the applicant shall submit to the Zoning Administrator a landscape plan which will provide for the replacement of trees for the access road development. Replacement trees should be a minimum 24 inch-box specimens. This measure is only required if the proposed alignment results in the removal of mature trees. (MM 3.5-7) 19. Prior to the approval of the Final Map, the applicant shall submit to the Zoning Administrator for review and approval, a detailed Landscaping and Vegetation Management Plan prepared by a qualified landscape architect or plant ecologist experienced in revegetation procedures using native plant species. The plan shall provide for re-establishment and management of native vegetation in common open space areas including graded slopes. The plan shall be consistent with the County's Water Conservation Ordinance and shall provide for the implementation of applicable recommendations contained in the other study, documents identified herein. The Plan shall also include mechanisms to ensure long term maintenance of the improvements (MM 3.6-1(a)). 20. Water conservation measures shall be used for landscaping of residential lots as required by County Ordinance Code Chapter 82-26. All houses shall be equipped with water conservation devices, including low-flow showerheads and low-flush toilets. The applicant shall amend the Architectural Guidelines to address these requirement and shall reference them in the CC&Rs. (MM 3.7-10/3.7-1OD/3.7-11/3.7-12) RESIDENTIAL DESIGN GUIDELINES 21 . At least 60 days prior to the submittal of the final map, the applicant shall submit to the Zoning Administrator for review and approval revised Architectural Review Guidelines. The Guidelines shall include text and graphics which includes chan- ges/additions required for compliance of the other conditions herein and shall: A. Require residential building plans to incorporate storage areas for the storage of recyclable material (MM 3.2-9a) NOTE: "MM" refers to the Mitigation Measures in the project EIR. 9 B. Require water conservation measures be used for landscaping consistent with County Ordinance Code Chapter 82-26. C. Require water conservation devices be incorporated in residential designs. D. Require all residences be equipped with residential sprinklers and shall have fire retardant roofs. E. Provide more detailed hillside design guidelines to ensure that hillside develop- ment and landscaping is visually compatible with the setting. F. Require each residence to have an electrical outlet installed in the garage which is designed to be dedicated for future use in recharging electrical vehicles. G. Inform residents/builders that the building requirements contained in the Guidelines are standards that will be used by the County in the issuance of any necessary permits. H. Amending fencing requirements to restrict fencing on Lots #27 and #28 to predominately open wire fencing. 22. The Revised Architectural Guidelines text shall be attached to and referenced in the CC&Rs for the project (3.1-7a). 23. All development(original.residential construction and subsequent exterior modification) is subject to the review and approval of the Zoning Administrator. The homeowners association shall be provided with the opportunity to review and comment on construction plans prior to submittal to the County. When considering applications or construction plans, the homeowners association shall only approve those which are consistent with the Guidelines. FIRE PROTECTION 24. The Architectural Design Guidelines and the CC&Rs shall require a minimum 100 foot -wide vegetative buffer be planted behind all houses abutting open space areas, or the areas should be disked as a fire prevention method. Plant materials recommended by the Fire District should be used. The maintenance of the fire protection strip shall be binding on the property owner for areas within the residential lot, and on the Homeowners Association for those areas dedicated for common open space. 25. The CC&Rs shall require the Homeowners Association to maintain emergency access for fire equipment to the open space areas. 26. The CC&Rs shall require the Homeowners Association to provide for the weed abatement of the common open space areas. The Association should consult with the Fire District to determine the best method. Weed abatement in the vicinity of the pond shall be carried out only as provided by the Habitat Restoration/Protection Plan. NOTE: "MM" refers to the Mitigation Measures in the project EIR. 10 ti , 27. Prior to the approval of the Final Map, the applicant shall consult with the Fire Protection District to determine the placement and the adequacy of access points to the open space areas. These access points and easements shall be designated on the final map. Access points could be provided by: (1) the driveway accessing lots 27 and 28; (2) an easement between lots 37 and 38, and access between lots 7 and 8.- COVENANTS, CONDITIONS AND RESTRICTIONS 28. Prior to the recording of the final map, the applicant shall submit the -project's Covenants, Conditions and Restrictions.to the Zoning Administrator for review and - approval. The CC&Rs shall require the formation of a Homeowners Association and shall provide for the establishment of a neighborhood watch program and for the maintenance of common open space, private roads, fire protection and the other actions necessary for the compliance with these conditions and the implementation of the recommendations of any study documents prepared pursuant to these Conditions. CONSTRUCTION PERIOD RESTRICTIONS 29. Prior to the issuance of grading permits, the developer shall submit to the Zoning Administrator for review and approval, a detailed proposal to source separate and recycle construction debris and to use recycled building materials to the extent feasible. The Zoning Administrator shall approve the proposal subject to the recommendation of the County Community Development-Conservation Division. (MM 3.2-9 (b)(c). 30. Should archaeological materials be uncovered (luring grading, trenching or other on-site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. 31 Comply with the following construction, noise, dust and litter control requirements: A. Noise generating construction activities, including such things as power generators, shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and shall be prohibited on State and Federal holidays. The restrictions on allowed working days may be modified on prior written approval of the Zoning Administrator. B. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors and concrete pumpers as far away from existing residences as possible. C. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site notice that construction work will commence. The NOTE: "MM" refers to the Mitigation Measures in the project EIR. 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 indicate and implement corrective action in their area of responsibility. The names of the individual responsible for noise and litter control shall be expressly identified in the notice. The notice shall be reissued 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. D. A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator. 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. E. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. Prior to issuance of building permits, the proposed roads serving this development shall be constructed to provide access to each lot. This shall include provisions for an on-site area in which to park earth moving equipment. 32. If the geotechnical investigation of I the site recommends the removal of on-site material, the applicant shall submit to the County Public Works Department - Engineering Services Division for review a approval a roadway monitoring program which includes, but is not limited, to the following: A. Visual records to document any roadway deterioration due to truck traffic; B. The posting of a bond (the amount is subject to County Public Works approval) to cover the cost of any roadway repairs necessitated by truck traffic; C. The designation of truck routing and hours of truck operation. The routing should follow Livorna Road to/from 1-680. Subject to more detailed identifica- tion of expected truck volumes, consideration shall be given to limiting truck travel during peak commute hours. Trucks must operate during non-peak hours unless the passenger car equivalents for full and empty trucks do not degrade the LOS at the intersections identified in Tables 3.2-1 of the EIR. ROAD, UTILITY AND DRAINAGE REQUIREMENTS 33. Prior to the approval of the final map or the issuance of grading permits, the applicant shall provide evidence to the Zoning Administrator that urban service boundary reorganization for the site has been completed through the Local Area Formation Commission. The boundary reorganization shall provide for the annexation of the 85 NOTE: "MM" refers to the Mitigation Measures in the project EIR. 12 acre development site, consisting of residential lots and common areas, to the East Bay Municipal Utility District, the Central Contra Costa Sanitary District, County Service Area R-7A and County Police Service District P-26 if the site is not already within those service boundaries (MM 3.1-5). 34. Prior to the approval of grading plans the applicant shall submit to the County Public Works Department- Engineering Services for review and approval, designs to provide a permanent on-site sediment trap with sufficient removal capacity to maintain the existing long-term levels of sediment discharge to Miranda Creek. The sediment trap should be designed based on an engineering assessment of the current sediment discharge, in tons per year, at the outlet of the large stock pond. 35. Prior to the County's acceptance of public improvements, the applicant shall provide evidence that the permanent on-site sedimentation trap has been constructed. (MM3.4-1 1 b) 36. A bridge which is predominately stone and/or wood in appearance shall.be used for the creek crossing on the access road. The bridge shall have a minimum vertical clearance of five feet to permit movement of larger wildlife, and shall be free of any impediments (such as concrete drop structures) that would impede the movement of amphibian and fish species within the creek (MM 3.6-1 b).) 37. The design of the access road and retaining walls shall be prepared by a licensed soils engineer, and shall be independently reviewed by the County Public Works Department to insure that the road design and retaining walls will be stable and will not adversely, affect adjacent lands. (MM FEIR). 38. 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) Installing street lights and annexing the property to County Service Area L-100 for maintenance of the street lights. The final number and location of the lights shall be determined by the Public Works Depart- ment, Engineering Services Division. 2) Constructing a paved turnaround at the end of the proposed private roads. 3) Undergrounding of all utility distribution facilities which are located on the project site. NOTE: "MM" refers to the Mitigation Measures in the project EIR. 13 4) Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate public storm drainage facility which conveys the storm waters to a natural watercourse. 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. The Ordinance prohibits the discharging of concentrated storm waters into roadside ditches. The applicant has proposed to utilize the existing stock pond as both a detention basin and as habitat for the Red-legged Frog. The feasibility of this proposed dual use will be evaluated through the preparation of the Wildlife Habitat Restoration/Protection Plan. If the stock pond cannot be jointly utilized as a detention basin and as habitat for the Red-legged Frog, the applicant will be required to design and construct a detention basin which is separate from the stock pond, or to design the drainage system without on-site stormwater detention, subject to the review and approval of the Public Works Department. Under any circumstances, if the stock pond is not improved to County detention basin standards, no consideration in the design of the downstream drainage system will be allowed for the detaining capacity of the stock pond. 5) Relinquishing "development rights" over that portion of the site that is within the structure setback area of the creek. The structure setback area shall be determined by using the criteria outlined in Chapter 914- 14, "Rights of Way and Setbacks", of the Subdivision Ordinance. The proposed project access road appears to be within the structure setback area of the creek. The applicant will be required to relocate the road outside of the setback area or to develop engineering plans and specifications for creek bank modifications needed to provide long-term stability to the bank of the creek. The plans shall be signed and stamped by a licensed geotechnical engineer. 6) Submitting improvement plans prepared by a registered civil engineer, payment of review and inspection fees, and security for all improve- ments 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 Public Works Department, Road Engineering Division. 7) Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. NOTE: "MM" refers to the Mitigation Measures in the project EIR. 14 �. B. Construct the off-site access road to County private road standards as amended to allow for the design detailed in the "Off-site Access Road Alignment Study" which provides for a variable 20 to 24-foot road width. The design speed for the access road shall be 25 mph. The rumble paving and future speed bumps on the Sherman property are allowed. The roadway shall have a 24-foot clear width in the vicinity of the bridge. A sight distance analysis will be required to verify that a 25 mile per hour design speed will be provided. Some vegetation may have to be trimmed or removed, or additional grading performed in order to provide this site distance. The applicant shall design the roadway for safe bicycle use by providing a 2- foot strip on each side of the cobblestone area. 1 . An asphalt concrete berm shall be constructed along the northerly edge of the roadway and a shallow 3-foot wide drainage swale shall be constructed along the southerly edge of the roadway. Retaining walls shall be constructed as necessary to support the roadway and/or the fill above the roadway. The access road shall be constructed in accordance with the Vesting Tentative Map and the Off-site Access Road Alignment Study prepared by Bellecci & Associates, April, 1993, as modified by these conditions of approval. 2. Alternative Access B road alignment (refer to EIR) shall be required unless the Stonegate Homeowners do not approve the necessary easement changes, in which case, Alternative Access A shall be used. 3. Construct the on-site main road to County private road standards. The on-site main road shall be a 36-foot wide (curb to curb) private road within a 46-foot road and utility easement. Rolled curbs shall be installed on both sides of the road. No sidewalk shall be installed along the road. 4. The on-site cul-de-sac roads shall be 28-foot wide (curb to curb) private roads with 35-foot radii cul-de-sacs. The road easement shall extend 5- feet from the curb face. 5. On-site roads shall be shown as a commonly owned parcel on the Final Map for the subdivision. C. Provide for adequate sight distance for a design speed of 35 miles per hour at the proposed intersection of the project access road with Livorna Road East, in accordance with Caltrans standards. Realign the access road in the vicinity of Livorna Road East to intersect Livorna Road East at a right angle. NOTE: "MM" refers to the Mitigation Measures in the project EIR. 15 D. Furnish.proof to the Public Works Department, Engineering Services Division, that legal access to the property is available from Livorna Road East. E. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across driveways. F. Mitigate the impact of the additional storm water run-off from this development on San Ramon Creek by: 1) Removing 1 cubic yard .of channel excavation material from the inadequate portion of San Ramon Creek near Chaney Road for each 50 square feet of new impervious surface area created by the development. All excavated material shall be disposed of off-site by the developer at his cost. The site selection, land rights, and construction staking will be by the Flood Control District. OR... 2) Upon written request, the applicant may make a cash payment in lieu of actual excavation and removal of material from San Ramon Creek. The cash payment will be calculated at the rate of $0.10 per square foot of new impervious surface area created by the development. The added impervious surface area created by the development will be based.on the Flood Control District's Standard Impervious Surface Area Ordi- nance. The Flood Control District will use these funds to work on San Ramon Creek annually. G. Mitigate the impact of the additional storm water run-off from this development on Miranda Creek by contributing to the County Deficiency Trust -Fund a drainage fee of $0.10 per square foot of impervious surface area created by the development. This added impervious surface area will be based on the Flood Control District's standard impervious surface ordinance. The contribution is in addition to the San Ramon contribution (Fund No. 812100-800). If the applicant is required to pay fees into Drainage Area 76, the Miranda Creek fee requirement shall be waived. H. 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. If, after good faith negotiations, the applicant is unable to acquire necessary rights of way and easements, he shall enter into an agreement with the County to complete the necessary improvements at such time as the County acquires the necessary interests in accordance with Section 66462 an Section 66462.5 of the Subdivision Map Act. NOTE: "MM" refers to the Mitigation Measures in the project EIR. 16 , I. The County Flood Control District is currently establishing an areawide drainage plan for Drainage Area 76. This project lies within the boundaries of this drainage area,and the applicant will be required to contribute the corresponding drainage fees if the drainage area is formed prior to the filing of the final map. J. Verify the adequacy of the proposed Miranda Creek crossing to pass the 10- year storm with sufficient freeboard. K. Implement measures to prevent flooding from the stock pond and to provide adequate water quality in the stock pond system. Maintenance, future improvements and water quality in the stock pond system and any man-made open waterway through the subdivision shall be specifically addressed in the covenants, conditions and restrictions (CC & Rs). L. Establish a maintenance agreement through the Homeowners' Association to insure the future maintenance of the private roads. The draft "Easement and Maintenance Agreement" dated July 15, 1993 between B.J. VI,the Shermans, the Andersons, and the Bridges represents a satisfactory maintenance agreement for the access road. M. Replace the existing 72-inch culverts in Miranda Creek between the project site and Livorna Road East with culverts of adequate size if needed to achieve adequate capacity, subject to the review and approval of the Public Works Department, Engineering Services Division. N. Replace the existing 48-inch culvert(s) on the Sherman property, west of the project site if needed to achieve adequate capacity to handle full buildout of the area as defined by the General Plan. If replacement of the pipe is deemed unnecessary by the County Public Works Department (refer to Condition #3.E and 37.A.4), the applicant shall replace sections of the culvert, if any, which have deteriorated. O. Provide for an emergency access easement 30-feet wide on the project site, over the existing fire road to allow emergency access to the adjacent parcel to the southeast of this property. The portion of the fire road which is on the subject site shall be improved to a minimum 20-foot wide all-weather surface within a 24-foot wide graded area to serve as an emergency access. Those portions of the road which exceed 10% in grade shall be paved. A reduced width may be allowed along those portions of the roadway which cannot be widened without filling in the creek or significantly grading the uphill slope, subject to the review and approval of the Public Works Department, Engineering Services Division and the review and approval of the Zoning Administrator. The entrance to the emergency access shall be restricted in a manner acceptable to the fire district, subject to the review of the Public Works Department and the review and approval of the Zoning Administrator. NOTE: "MM" refers to the Mitigation Measures in the project EIR. 17 P. Construct a parallel bicycle and pedestrian facility to provide an alternate link between the subdivision and Livorna Road East along the north side of the creek. The alternate parallel facility is required due to the narrowness of the off-site access road to Livorna Road East. The bicycle and pedestrian facility shall be designed and constructed with an all-weather surface. SURROUNDING AGRICULTURAL USES 39. A covenant agreement shall be recorded at the County Recorder's Office for each parcel which will notify future owners of the lots that they own property which is near agricultural uses and which limits any claims for nuisance against such agricultural uses., The covenant agreement between the applicant and the Martin L. Sherman Family Trust attached as Exhibit B represents a satisfactory covenant agreement for the agricultural uses. A covenant agreement shall also be recorded to inform future owners of the public trail through the property. BIOTIC RESOURCE PRESERVATION 40. The applicant shall consult with the State Department of Fish and Game and the US Army Corp of Engineers regarding proposals for modification to wetland features on the site to ensure that any design modifications and agency requirements are incorporated into the project. Evidence documenting agency review of the revised project shall be submitted along with the revised site plan and related study documents (refer to Condition #3). 41 . The applicant shall retain the biologist who prepared the Habitat Restoration plan during the construction phase of the project to insure that report recommendations are properly instituted. OTHER REQUIREMENTS 42. Prior to the submittal of the Final Map, the applicant shall prepare a mitigation plan to comply with the Child Care Ordinance. If the plan calls for establishing child care facilities on site, the applicant must provide deed notification to all purchasers or lessees that a child care facility may be located at any residential unit or lot. (MM 3.1-8) 43. The owner of the property shall participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the parcels created by this subdivision approval. The tax shall be the per parcel annual amount (with appropriate future CPI adjustment) then established at the time of voting by the Board of Supervisors. The election to provide for the tax shall be completed prior to the filing of the Parcel Map. The property owner shall be responsible for paying the cost of holding the election, payable at the time that the election is requested by the owner. NOTE: "MM" refers to the Mitigation Measures in the project EIR. 18 44. Prior to the filing of the final map, proposed street names (public and private) shall be submitted to the Community Development Department-Graphics Division (646-2029). Alternate street names should be submitted to avoid duplication or similarity.with existing street names. The approved street names shall be shown with the filing of the final map. The Final Map cannot be certified by the Community Development Department without the approved.street names. 45. Where a lot/parcel is-located within 300 feet of a high voltage electric transmission line, the applicant shall record the following notice: "The subject property is located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potential adverse health effects caused by the exposure to a magnetic field generated by high voltage lines. Although much more research is needed before the question of whether magnetic fields actually cause adverse health effects can be resolved, the basis for such an hypothesis is established. At this time no risk assessment has been made." When a Final Subdivision Public Report issued by the California Department of Real Estate is required, the applicant shall also request that the Department of Real Estate insert the above note in the report. 46. The applicant shall show proof that water and sewage service is available prior .to recording the Parcel Map. 47. Prior to the issuance of building permits, the applicant shall submit a detailed Transportation Demand Management (TDM) Plan for review and approval by the Zoning Administrator (unless otherwise required by a TDM Ordinance). The approved TDM Plan shall be operative prior to .final inspection by the Building Inspection Department. 48. At least 30 days prior to filing a final map, the applicant shall submit to the Zoning Administrator for the review and approval: A. Methods to provide for future passive or natural heating or cooling opportunities within the subdivision and the design of the residences and swimming pools to the extent feasible; B. Evidence that the desirability of participating in the P.G. & E. energy conserva- tion "Incentives for Builders" program has been considered. Should the applicant choose not to participate, the applicant shall indicate in writing the reasons for the decision. 49. Pursuant to Government Code Section 664.74.9, the applicant(including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa County Community Development Department and its agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents, 19 officers, or employees to attack, set aside, void, or annul, the Agency's approval concerning this subdivision map application, which action is brought within the time period provided for in Section 66499.37. The County will promptly notify the subdivider of any such claim, action, or proceeding and cooperate fully in the defense. 50. Prior to filing a final map, the applicant shall provide documentation for the review and approval of the Zoning Administrator of the feasibility of supplying reclaimed water to the project site for use as landscape irrigation. The East Bay Municipal Utility District shall be provided an opportunity to comment on the documentation. If deemed reasonable by the Zoning Administrator, the Zoning Administrator may require the provision of a water supply connection and distribution to serve the residences of this project. 51 . Prior to the approval of the final map, the applicant shall submit to the Zoning Administrator, evidence that all encumbrances have been removed or relocated such .that they do not affect the development of the site. 52. The plans identified in Conditions #3.K. (erosion control plan), #3.L. (entry road landscaped/hardscape), #3.M. (bridge design), #4 (design-level geotechnical report as it relates to the access road only), #28 (CC & Rs), #31 .D. (dust and litter control program), #37 (final design for access road and retaining walls), #38.A.(4) (storm drainage facility plan as to the creek on the Sherman and Anderson properties), #38.A.(5) (creek stabilization plan as to the creek on the Anderson and Sherman properties), #38.A.(6) and #38.B. (improvement plans for access road), and #38.N (culvert replacement plan), shall be provided to the owners of the Sherman and Anderson properties prior to submittal to the County. The purpose of this condition is to provide the Shermans and the Andersons the opportunity to review project plans which directly affect their property, and to have any concerns considered by staff prior to a decision. If the developer, the owner(s) of the Sherman property or the owner(s) of the Anderson property disagree with an administrative decision by staff regarding the above named conditions, that decision may be appealed to the San Ramon Valley Regional Planning Commission within 30 days of the decision. ADVISORY NOTES A. The applicant/owner should be aware of the renewing requirements prior to recording the Parcel Map or requesting building or grading permits. B. Applicant shall comply with the Park Dedication Fee Ordinance. C. Comply with the requirements of the Central Contra Costa Sanitary District and the East Bay Municipal Utility District. D. Comply with the requirements of the San Ramon Valley Fire Protection District. 20 E. Comply with the requirements of the Health Services Department, Environmental Health Division. F. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. G. This project may be subject to the requirements of the Department of Fish & Game. The applicant should notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within the development that may affect and fish and wildlife resources, per the Fish and Game Code. H. This project may also be subject to the requirements of the United States Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required. I. The applicant is advised that the tax for the police services district is currently set by the Board of Supervisors at $200 per parcel annually (with appropriate future Consumer Price Index [CPI] adjustments). The annual fee is subject to modification by the Board of Supervisors in the future. The current fee for holding the election is $800 and is also subject to modification in the future. The applicable tax and fee amounts will be those established by the Board at the time of voting. J. This project is subject to the development fees in effect under County Ordinance as of October 2, 1991 , the date the vesting tentative map application was accepted as complete by the Community Development Department. These fees are in addition to any other development fees which may be specified in these Conditions of Approval. The fees include but are not limited to the following: Park Dedication: $2,000 per residence. Area of Benefit: An estimate of the fee charges for each approved lot may be obtained by contacting the Building Inspection Department at 646-4992. K. The builder shall be required to pay the school impact fees pursuant to state statute. L. The applicant will be required to enter into a "Water Shortage Condition Agreement" with the EBMUD requiring the applicant/new landowners to utilize water-saving irrigation systems and plan drought-tolerant landscaping. M. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Alamo Area of Benefit as adopted by the Board of Supervisors. N. The applicant will be required to comply with the drainage fee requirements for Drainage Area 76 when adopted by the Board of Supervisors. • 21 0. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construc- tion and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay - Region II or Central Valley - Region V). CK/aa SUBXIV/7633C.CK 3/25/93 7/30/93 8/16/93 FINDINGS TABLE OF CONTENTS I. Definition of Terms. . . . . . . Page 1 II. Approval Process. . . . . . . . . . . . . . . . . . . Page 2 III. Description of the Record. . . . . . . . . . Page 3 IV. EIR Certification Findings. Page 4 V. CEQA Findings re: Potentially Significant Impacts. . . . . . . Page 4 VI. CEQA Findings Regarding Growth-Inducing Impacts. Page 26 VII. Findings Regarding Unavoidable and Irreversible Impacts. . Page 26 VIII. Findings Regarding Alternatives to the Project. . . . . . . . Page 27 IX. Cumulative Impacts. . . . . . . . . . . . . . . . . . Page 27 X. Statement of Overriding Considerations. . . . . . . . . Page 28 XI. Findings Regarding Mitigation Monitoring Program. . . . . Page 28 XII Findings Regarding Final Development Plan, . . . . . . . . . Page 29 Rezoning to P-1 and Subdivision 7633 BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA FINDINGS RELATED TO APPROVAL OF STONEBRIDGE ESTATES PROJECT CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS AND ADOPTION OF A MITIGATION MONITORING PROGRAM The Board of Supervisors (this "Board") of Contra Costa County, California (the "County") adopts the following findings regarding the Stonebridge Estates Project(the"Project"),including a mitigation monitoring program. The matters before this Board are: _ (i) certification of the Final Environmental Impact Report for the Project(the"EIR")under the California Environmental Quality Act('CEQA!'); (ii) adoption of a rezoning of the site from A-2 to P-1 (County File 2944-RZ); (iii) approval of a Final Development Plan with conditions (County File No.3003-91); (iv) approval of a Vesting Tentative Map for a maximum of 51 lots with conditions (Sub 7633); (v) adoption of CEQA findings covering the Project; (vi) adoption of a Statement of Overriding Considerations prepared for the Project pursuant to the CEQA,the CEQA Guidelines and the County's CEQA Guidelines; and, . (vii) adoption of a mitigation monitoring program. I. DEFINITION OF TERMS: The terms used in these findings have the definitions provided as follows: EIR: The Environmental Impact Report for the Stonebridge Creek Estates Project recommended for Certification by the San Ramon Valley Area Planning Commission ("Commission') at its meeting of January 20, 1993. General Plan: County General Plan, 1990-2005,adopted January 1991. Measure C 1988: The Revised Contra Costa Transportation Improvement and Growth Management Program,adopted by County voters August 3, 1988. Measure C 1990: The 65/35 Contra Costa County Land Preservation Plan, adopted by County voters November 6, 1990. Findings, Page 1 Original Plan: The site layout submitted for processing September 1992. The Original Plan called for 54 units and incorporated reconstruction of a creek through the Property and removal of several wetlands areas. This plan was the subject of the EIR. Property: That certain ±85 acre parcel located at 115 and. 135 Livorna Road, currently identified by APNs 193-180-008 and 193-190-023. Project: The proposed Planned Unit Development on the Property generally described as single family residential units clustered on approximately 30 acres together with preservation of 50 acres of open space. Rezoning: 2944-RZ,Dev. Plan: 3003-91,Tract: 7633. Revised Plan: Following completion of the EIR, applicant prepared a revised site- layout that incorporated a majority of the mitigation measures recommended in the EIR and the Environmentally Superior Alternative depicted in the EIR. II. APPROVAL PROCESS: The County has engaged in a long and thorough review process relating to the Project. Following 'the County's adoption of the General Plan,the applicant prepared its Original Plan together with a development plan package requesting approvals for a Rezoning of the Property, a Development Plan, and a Vesting Tentative Map, all to be consistent with the new General Plan land use designations on the Property. The application was deemed complete on October 2, 1991. In January, 1992, County Staff prepared its Initial Study Checklist identifying areas of potentially significant environmental impact associated with the Project. The Initial Study is attached to the EIR as Appendix A. The Initial Study identified many areas of no significant environmental impacts,however,it also identified several potentially significant impacts. Accordingly the County directed preparation of the EIR. A Notice of Preparation of Environmental Impact Report was published and circulated as required by law and a contract entered for the preparation of the appropriate environmental review document. The Draft Environmental Impact Report ("DEIR") was completed on October 26, 1992 and the legally required Notice of Completion was published and circulated. Written and oral comments to the DEIR were accepted by the County through December 3, 1992. The Comments where published together with the County prepared Responses to Comments, in January, 1993. The San Ramon Valley Area Planning Commission ("Commission")reviewed the Final EIR and recommended its certification as to adequacy on January 20, 1993. Following completion of the environmental review for the Project,the applicant and County's Staff worked to produce the Revised Plan which incorporated mitigation measures recommended by the Final EIR consultant in the Environmentally Superior Alternative. The Revised Plan came before the Commission on March 31, 1993 where public testimony was given and the public portion of the item was closed. In response to concerns raised about the access road to the Project, the Commission directed staff to work with the applicant and neighbors to fashion a revised access road that would serve the Project and immediately adjacent lands. Findings, Page 2 County Staff brought the Project back to the Commission on August 4, 1993 with revised " conditions and a new exhibit showing a revised access road. With further modifications to the conditions,the Commission recommended approval of the Revised Plan. The Project was brought back to the Commission on September 22, 1993, for adoption of recommended findings. The Project was heard by the Contra Costa County Board of Supervisors on The Board approved the Project. In approving the application,the Board has: (i) determined'that the Project is consistent with the General Plan including the Growth Management Program of Measure C 1988 which is incorporated in the General Plan; (ii) certified that the EIR has been completed in compliance with the California Environmental Quality Act("CEQA')' (iii) considered the potential significant environmental impacts of the Project and evaluated mitigation measures and alternatives to lessen or avoid those environmental impacts. III. DESCRIPTION OF THE RECORD For purposes of CEQA and these findings, the record before this Board includes, without limitation,the following: 1. Drawing entitled: Stonebridge Estates,The Recommended Plan, dated March 12, 1993. 2. Drawing 'entitled: Subdivision 7633, Stonebridge Estates, Off-site Access Road Alignment Study,dated April, 1993 3 All applications for. approvals and development entitlements relating to the Project submitted by the applicant to the County or other public entities. 4. The EIR. 5. All County staff reports on the Project and EIR. 6. All studies conducted for the Project and EIR contained or referenced in the application. 7. All documentary and oral evidence received and reviewed at public hearings relating to the Project and the EIR before the Planning Commission and this Board. 8. All resolutions, findings, and conditions of approval recommended by the Commission. 9. Matters of common knowledge to the Board concerning existing laws, ordinances, policies. Findings, Page 3 IV. EIR CERTIFICATION.FINDINGS This Board finds that: I. The EIR has been completed in compliance with CEQA;and, 2. The EIR was presented to the decision making body of this Board and that this Board reviewed and considered the information contained in the EIR prior to approving the Project. V. CEQA FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACTS 1 . Land Use and Planning Policies Land Use and Planning Policy impacts are discussed in section 3.1 of the EIR. Areas of identified potential impacts under the Original Plan included ag/residential use conflicts,building on slopes steeper than 26%, inconsistency with the-Growth Management Program of Measure C 1988, inconsistency with P-1 zoning objectives,inconsistency with Child Care ordinance,inconsistency with the Solid Waste Management Program. Impact 3.1-1 : The Original Plan could create a potential conflict between agricultural and urban land uses. Mitigation Measures: The Revised Plan includes measures to minimize conflicts with adjacent agricultural uses. (The property to the east(Summit Farms) and west (Sherman Ranch) contain operational horse ranches.) A. The Revised Plan includes substantial open space buffers between residential lots and the horse ranch uses on these adjacent parcels. 1. The open space buffer between residential lots and the Summit Farms property line to the east is a minimum of 180 feet with total distance between the nearest pad and the nearest Summit Farms ranch building at t 600 feet. The three lots nearest the Summit Farms Ranch as depicted on the Original Plan (lots 23, 24, 25)have been eliminated in the Revised Plan. 2. The open space buffer between lots and the Sherman property line to the west is a minimum of 70 feet with total distance between the nearest pad and the nearest Sherman ranch building of approximately 150 feet. The three lots nearest the Sherman ranch buildings as depicted on the Original Plan (lots 1,2,and 3) have been eliminated in the Revised Plan. B. The topography of the Property enhances the spacial separation of the residential and ranch uses. 1. The Summit Farms ranch is nearly 70' higher in elevation above the elevation of the Property's valley floor where most of the lots have been clustered. 2. The property line between the Property and the Sherman Ranch drops down the nose of a hill which substantially blocks the respective uses view of each other. C. The Project has been conditioned with giving specific deed notification which will alert prospective buyers to the presence of adjacent agricultural uses and also detail the specific ways in which these uses may impact on the quality of life of the buyer. Findings, Page 4 Specifically, buyers will be advised that the adjacent ranches cause dust, noise, odors, flies, and delays in traffic due to ranch equipment and animal use of the access road. Buyers are advised that these conditions are a part of the rural way of life in the Alamo area and that they should consider these conditions in making their decision to buy in the Project. D. In order to encourage agriculture to continue operating adjacent to the developing urban areas and to protect that agricultural use from nuisance complaints from non-agricultural land uses, the Project applicant has entered into to a Covenant Agreement with the Summit Farms Ranch and Sherman Ranch owners that affords said property owners certain protections from nuisance complaints that might otherwise be brought by Project buyers because of perceived negative impacts of continued horse ranch operations. E. The applicant is required to install fencing along its east and west boundaries to separate grazing animals from domestic animals. Finding: Based upon the EIR and the entire record before this Board,this Board finds that: The Project impacts on adjacent agricultural lands uses have been avoided or lessened to insignificance by the implementation of the mitigation measures described above. There are substantial distance and physical buffers between the agricultural and residential uses. Homebuyers will be notified of any remaining nuisance problems associated with living near an agricultural area and will waive claims of nuisance. Impact 3.14:A number of proposed lots in the Original Plan would be located in areas in excess of 26 percent slope. County General Plan policies restrict development on hillsides with a grade of 26% or greater. Mitigations: The Revised Plan incorporates several design features to minimize grading above the 26% slope line. A. Lot 32 from the Original Plan has been eliminated on the Revised Plan. B. Lot 33 from the Original Plan has been relocated (and renumbered as lot 23 in the Revised Plan)to move the building pad to a flatter portion of the lot. C. Subdivision roads have been changed from public to narrower private roads. D. The Revised Plan minimizes grading in the areas identified as Lots 34, 35,46,47,49, 50, and 54 in the Original Plan through use of sloping pad areas rather than flat pads. E. Conservation easements are required on the upper slopes of lots. Findings: The County's slope policy does not prohibit development above the 26% slope line, but it does restrict development to preserve important views,open hillsides,natural features such as trees and rock outcroppings,and most importantly,to ensure safe,stable building pads. Based upon the EIR and the entire record before this Board; this Board finds that: The Project impacts through the location of lots above the 26% slope line have been avoided or lessened to insignificance by the implementation of the mitigation measures described above because elimination of Lot 32,relocation of Lot 33,conversion to narrower private roads (particularly on the culdesacs allowing building areas to be pulled to flatter portions of the lots), use of sloping building pads in sensitive slope areas, and placement of conservation easements have minimized grading and construction in these sensitive areas. Findings, Page 5 impact 3.1-5. The proposed project may be inconsistent with growth management policies in the Land Use Element of the General Plan. Mitigation: The Property shall be annexed to EBMUD and Central Contra Costa Sanitary District prior to approval of the Final Map. Finding: Based upon the EIR and the entire record before this Board,this Board finds that: The . Project impacts on growth management policies in the Land Use Element of the General Plan have been avoided or lessened to insignificance by. the implementation of the mitigation measure described above. Project compliance with growth management policies is further described in the discussion of Impacts on Public Service and Facilities and Section XII below. Impact 3.1-7: The proposed project may be inconsistent with the P-1 zone design objectives. Mitigations. A. The architectural guidelines for the Revised Plan have been substantially revised and are conditioned with further revision and review of the zoning administrator. B. The Project is conditioned on the incorporation of a trail connection through the Property to provide on-site access to regional and State trail systems. Finding: Based upon the EIR and the entire record before this Board, this Board finds that: The Project impacts through potential inconsistency with P-1 zone design objectives been avoided or lessened to insignificance by the implementation of the mitigation measures described above because the revised architectural guidelines provide lot owners with direction regarding materials, design details, landscaping,varying setbacks, stepped back second stories, and maximum height sensitive to slope considerations;the inclusion of the trail access to regional and State trails systems allows the Project residents to take advantage of this important public resource; the Project has taken advantage of the flexibility allowed under P-1 zoning to cluster lots in the valley floor of the property thereby preserving important natural resources as more fully described in discussion of impacts on Biotic Resources, below. See also discussion in Section XII,below. Impact 3.1-8: The proposed Project would generate nine children requiring outside childcare. Mitigation: Approval of the final map for the Project is conditioned with preparation and implementation of a mitigation plan compliance with the County's Child Care Facilities Ordinance. Finding: Based upon the EIR and the entire record before this Board, this Board finds that: The Project impacts child care needs have been avoided or lessened to insignificance by the implementation of the mitigation measures described above because the Project is conditioned with compliance with the County's ordinance. Impact 3.2-9: The proposed Project may not be consistent with policies in the draft Solid Waste Management Plan. Mitigations: A. Architectural Guidelines shall be revised to require house plans to incorporate areas for storage of recyclable materials. -B. On-site source separation of construction/demolition debris shall be required of the developer and/or contractors. Findings, Page 6 C. The developer and/or contractors shall use recycled building materials when feasible in the:construction of the Project. Finding: Based upon the EIR and the entire record before-this Board, this Board finds that: The Project impacts through potential inconsistency with the County's Solid Waste Management Plan have been avoided or lessened to insignificance by the implementation of the mitigation measures described above because solid waste generated by this Project will be reduced where feasible. 2. Traffic and Circulation Impacts. Traffic and Circulation issues are discussed in section 3.2 of the EIR. All areas of potential impacts to traffic and circulation were identified in the EIR as less than significant. 3.. Geology/Soils Geology and Soils of the site are discussed in section 3.3 of the EIR. Areas of identified potential impacts under the Original Plan included stability of lots within the site in the event of earthquake, slope failure, settlement of fill areas,compaction of existing expansive soils,erosion, subsurface water flow,or due to changes in the topography of the site. Impact 3.3-1: Strong to violent earthquake groundshaking on active fault zones in the region could cause significant damage to improvements,and in extreme cases,loss of life. Mitigations: The applicant is required to submit a design level geotechnical report for independent review by County addressing the potential of. groundshaking damage to structure and personal injury as identified in the EIR prior to final map approval. EIR mitigation measures to be included in the design level geotechnical report include: A. Units shall be designed and built in accordance with modern seismic design and building in accordance with the Uniform Building Code and Contra Costa Code requirements. B. Cut slopes shall have inclinations of 3:1 or less, unless slope stability can be otherwise assured. C. Landslides underlying proposed lots shall be removed or repaired and subsurface drainage shall be provided as needed. D. Prior to final map approval, applicant will submit a design level geotechnical report detailing mitigation measures to address debris flow potential from potentially unstable colluvium not entirely removed in cut slopes. E. Fills used at various locations on the project site shall be properly designed with keyways and subsurface drainages, and adequately compacted (i.e. minimum 90 percent relative compaction as defined by ASTM D1557). F. All roads, structural foundations and underground utilities shall be designed to occommodate estimated settlement without failure,especially across transitions between fills and cuts. Findings, Page 7 Findings: Based upon the EIR and the entire record before this.Board, this Board finds that: The Project impacts through placement of homes in areas that could experience strong to violent goundshaking have been avoided or lessened to insignificance by the implementation of the mitigation measures described above because use of the UBC and Contra Costa code significantly reduces the potential for structural failure or damage-during an episode of ground shaking, and other identified mitigation measures reduce the secondary effects of ground movement resulting from groundshaking. Impact 3.3-2: Landslides on the site have the potential to cause significant damage to improvements and,in extreme cases,loss of life. Mitigations: The applicant is required to submit a design level geotechnical report for independent review by County addressing the potential of landslides damage to structure and personal injury as identified in the EIR prior to final map approval. EIR mitigation measures to be included in the design level geotechnical report include: A. As appropriate for specific locations on the Property susceptible to landslide and soil creep,the applicant shall employ one or more of the following mitigation measures: 1) Lots 23 and 24 of the Original Plan have been eliminated under the Revised Plan. 2) Building sites on lots 33, 35, 48, 49, and 26, 27, have been moved to flatter portions of said lots,further away from potential soils creep areas. 3) In areas of development on, adjacent to, or downslope of existing landslides, slope repairs should include removal of the slide debris, excavation into underlying competent bedrock, construction of subsurface drainage measures, replacement with compacted engineered fill, construction of surface drainage measures,and planting with erosion-resistant vegetation. 4) Containment retaining walls may be used where a grading repair is inappropriate. 5) Impact and deflection structures below unmitigated landslide or swale areas may be used. 6) Soils Engineer shall specify appropriate foundation designs for structures to be built on the Property. B. Surface drainage control measures shall be incorporated for any areas of remedial work associated with slope repairs. Findings: Based upon the EIR and the entire record before this Board, this Board finds that: The Project impacts through construction of a residential project on the Property containing-identified landslides and areas of soil creep have been avoided or lessened to insignificance by the implementation of the mitigation measures described above because identified repair measures will enhance slope stability over the existing condition and current research on the landslide hazard potential of colluvium filled swales indicates that surface and subsurface drainage is effective in preventing landslides. Rejected Mitigation: The EIR consultant recommended siting specific improvements off of landslides and/or areas of creeping soils on lot 34 of the Original Plan. As a point of clarification, the lot which is identified as number 34 of the Original Plan and which is identified as number 22 of the Revised Plan contains an existing home which will be retained, The only improvements to this lot shall be provision of utilities and improved access. Findings, Page 8 Impact 3.3-3: The potential failure of proposed cut and fill slopes, as well as the potential settlement of fill,could cause significant damage to improvements. Mitigations: The applicant is required to submit a design level geotechnical report for independent review by County addressing the potential--of property damage to structure arising out of cut slope stability or settlement of fill as identified in the EIR prior to final map approval. EIR mitigation measures to be included in the design level geotechnical report include: A. Slopes-should be 3:1 unless the applicant demonstrates that competent bedrock is present. B. In mitigation of this identified impact, the Revised Plan requires significantly less grading than the Original Plan, including fewer areas of cut slopes and fill areas of significantly less depth. Specifically,large cuts on and above lots 32,33,and 54 of the Original Plan have been eliminated in the Revised Plan. Lots 23, 24, and 25 effected by the identified large rotational landslide to the east of the development area have been eliminated in the Revised Plan. C. See mitigation measures to Impact 3.3-2,above. D. Any development in areas of existing unengineered fill will require its removal and replacement with engineered fill. Fill judged to be unacceptable by the project geotechnical consultant for reuse should be exported from the project site to a suitable receiving site. Any secondary impacts of vehicular traffic for such export shall be assessed and appropriate measures implemented to mitigate said secondary impacts. E. Cut slopes on individual lots shall.be vegetated and maintained by the lot owner. Cut slopes off the lots shall be vegetated by the developer and subsequently maintained by the homeowners association. The Revised Plan has minimized areas of cut slope both on individual lots and in open space areas of the Property over that shown on the Original Plan. F. In the event that bedrock materials are exposed in grading of.cut slopes under the Revised Plan,the design level geotechnical report shall address the potential presence of bedrock susceptible to slaking or accelerated weathering and appropriate countermeasures if such condition is suspected. G. All roads, structural foundations and underground utilities shall be designed to accommodate estimated settlement without failure,especially across transitions between fills and cuts. H. Instead of filled flat pads in Swale areas as shown on the Original Plan, the Revised Plan shows those lots as including cross slopes of between 4' to 6' Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project impacts through potential damage to structures by possible failure of cut slopes and settlement of fill have been avoided or lessened to insignificance by the implementation of the mitigation measures described above because the Revised Plan has eliminated lots most susceptible to such damage; and has significantly reduced the areas of cut slopes and fill depths in the Project and the use of side slopes across swale lots allows fill to more closely relate to underlying existing grade to minimize differential settlement based.upon differing amounts of fill under structures. Further,most of the engineered slopes in the Revised Plan shall be the shallower 3:1 instead of the originally proposed 2:1 (any slopes steeper than 3:1 shall require demonstrable stability to the satisfaction of the County's independent review). Findings, Page 9 - - - ---- - ---- _.._.... Impact 3.3-4: The Original Plan would result in significant permanent changes to the existing topography where the largest cuts(lots 32, 33,54 and the southern margin of the valley floor) and the largest fills (Swale areas containing A Court,B Court and lots 26 and 27 are planned. Mitigations: The Revised Plan employs minimal grading concepts to reduce the level of permanent changes in'topography. A. Steep cut slopes in areas of Lots number 32,33, and 54 of the Original Plan have been 'eliminated in the Revised Plan. B. Alternative grading concepts in swale areas are incorporated in the Revised Plan 1) Conversion from public roads to narrower private culdesacs allow building pads on those swale-area lots to be pulled down to flatter portions of the lots requiring less fill. 2) Instead of filled flat pads in swale areas, those lots shall contain cross slopes of between 4' to 6' 3) Lots identified as 26 and 27 under the Original Plan shall be produced as relatively"natural"lots with minimal grading under the Revised Plan. Intended building areas are on the relatively flatter portion of the lots away from the swale dividing the lots. C. See mitigation measures for Impact 3.3-2 above. Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project impacts though permanent changes to significant topographic features have been avoided or lessened to insignificance by the implementation of the mitigation measures described above because the identified large cut slopes have been eliminated altogether under the Revised Plan and alternative grading concepts of the Revised Plan have minimized the artificial"stair stepped"look up Courts A and B of flat pads separated by steep sideslopes. Impact 3.3-5: The proposed project involves cuts and fills on moderately steep slopes, with a potential to cause significant erosion of unprotected slopes, and downslope sedimentation both on- and off-site. Mitigations: In addition to the Mitigation measures listed below, the applicant shall be required to comply with the National Pollutant Discharge Elimination Act A. Grading activities are restricted to April through October. B. The applicant shall provide an erosion control plan prior to approval of a grading plan including the following features based upon site-specific needs of the Project: 1) grading to minimize areas of exposed, erodable material, and to avoid over concentration of rapidly-flowing runoff in unprotected,erodable areas. 2) Water bars. 3) Temporary culverts and swales. 4) Mulch and jute netting blankets on exposed slopes. Findings, Page 10 5) hydroseeding. 6) Sediment traps. 7). Silt fences. 8) Inspection and maintenance,as necessary,during the winter rainy season. C. Sedimentation catch basins.shall be incorporated into the improvement plans for the Project. D. Revegetation of slopes by.developer and and continued maintenance of graded slopes shall performed by the homeowners association. E. Drainage ditches shall be provided on cut and fill slopes above developed areas which ditches shall be integrated with the planned storm sewer system. Locations of said drainage ditches shall be identified in the design level geotechnical report to be submitted to the County prior to final map approval. F. Closed downspout collection systems shall be required for individual structures. Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project impacts through erosion and downstream sedimentation have been avoided or lessened to insignificance by the implementation of the mitigation measures described above because implementation of these measures has historically mitigated erosion and sedimentation impacts to a level of insignificance. Impact 3.3-6. Expansive soils and/or bedrock have the potential to cause significant damage to foundations, slabs and pavements. Mitigations: The applicant is required to submit a design level geotechnical report for independent review by County addressing the potential of damage to structures, foundations and pavements as a result of expansive soils and/or bedrock prior to final map approval. EIR mitigation measures to be included in the design level geotechnical report include: A. The design-level report shall provide criteria for foundation of pavement design developed in accordance with the UBC and County Code requirements,on the basis of subsurface explorations and laboratory testing. Specific consideration should be given to the appropriateness of using expansive soils,particularly near finish grade. B. Foundation designs should include drilled-pier and grade-beam foundations,reinforced slabs and thicker pavement sections designed using criteria provided by the design-level geotechnical consultant. C. Under the Revised Plan, the depth of engineered fill across the Project has been significantly reduced. D. Instead of flat pads in swale areas containing differing depths of expansive soil fill, those lots shall contain cross slopes of between.4' to 6' Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project impacts on structures, foundations, and pavement due to presence of expansive soils have been avoided or lessened to insignificance by the implementation of the mitigation measures described above because the amount of expansive fill has been reduced project wide which will in Findings, Page 11 turn reduce the amount of movement characteristic of expansive soil fills, the use of side slopes across swale lots allows fill to more closely relate to underlying existing grade to minimize differential settlement based upon differing amounts of fill under structures, and structural foundations are required to be designed to withstand residual movements caused by expansive soils. - - Impact 3.3-7: Existing fill could cause differential compaction that could result in significant damage to foundation slabs and pavements. Fill judged unsuitable for use in the project would have to be exported and could be a significant quantity. Mitigations: The applicant is required to submit a design level geotechnical report for independent review by County addressing the potential of damage to structures,foundations and pavements as a result of differential compaction of existing fill prior to final map approval. EIR mitigation measures to be included in the design level geotechnical report include: A. The design-level geotechnical report must confirm whether existing fill can be used on- site taking into consideration of the different materials found in the existing fill. Insofar as possible, existing fill shall be accommodated on-site. B. The design-level geotechnical report shall identify foundation systems that will perform given the character of the existing fill. C. If existing fill must be exported,applicant shall provide documentation establishing the existence of areas willing to accept fill judged to be unacceptable for use in the project area. Findings: Based upon the EIR and the entire record before this Board, this Board finds that: The Project impacts on structures,foundations,and pavement due to differential compaction of existing fill have been avoided or lessened to insignificance by the implementation of the mitigation measures described above because unsatisfactory materials shall be removed from the site and foundations shall be designed taking into account the characteristics of the existing soils. Impact 3.3-8: Fills placed in swale areas may intercept groundwater flow down swale axes, with a potential for significant fill settlement. A similar potential for settlement exists at the fill/natural soil boundary on the valley floor. Mitigations: A. Subdrainage shall be provided in swale and appropriate valley floor areas. B. Fill depths in the valley floor shall be reduced as shown in the Revised Plan. C. Instead of flat pads in Swale areas containing differing_depths of fill, those lots shall contain cross slopes of between 4' to 6'. D. See mitigations for Impacts 3.3-6 and 3.3-7. Findings: Based upon the EIR and the entire record before this Board, this Board finds that: The Project potential for possible structural damage due to potential settlement caused by groundwater flow at swale axes and at fill//natural soils boundary on the valley floor have been avoided or lessened to insignificance by the implementation of the mitigation measures described above because groundwater will be captured in the subdrain system and carried to the underground storm system, the amount of fill has been reduced project wide which will in turn reduce the amount of Findings, Page 12 settlement,the use of side slopes across swale lots allows fill to more closely relate to underlying existing grade to provide a more uniform, controlled settlement,if any, and structural foundations are required to be designed to withstand any residual settlements. Impact 3.3-9: Planned cuts and fills locally extend above the 26 percent line which is in conflict with Measure C 1990. Mitigations: See mitigations for Impacts 3.1-4, 3.3-2, and 3.3-3 above. Findings: See mitigations for Impacts 3.1-4, 3.3-2, and 3.3-3 above. Impact 3.3-10: The Project would create conditions requiring periodic maintenance and or repair in order to ensure adequate project performance,including 1)maintenance of vegetation,cut and fill slopes; 2)maintenance of surface drainage measures such as V-ditches, area drains,debris basins, and culverts; and 3)repair of features such as gullying,soils slips, sloughs,or landsliding, should these occur. Mitigations: A., The applicant shall form a homeowners association responsible for maintenance of common area lands and improvements. B. The Revised Plan eliminates the reconstructed creek with associated riparian landscaping. C. In the event that the large stock pond may be used for dual use (flood control and red legged frog habitat), then, certain of the flood control facilities shall be maintained by County's flood control department. • Findings: Based upon the EIR and the entire record before this Board, this Board fords that: With the incorporation of the mitigation measures described above,the fact that the Project creates conditions that require periodic maintenance is an insignificant environmental impact because the kinds of maintenance required are of the sort that is typically performed by homeowners associations of a like kind and-size as the Project association. Impact 3.3-11: The proposed Project would necessitate the successful coordination of various efforts within the entire project, such as geotechnical engineering, civil engineering, structural engineering, etc. There is a significant potential for insufficient review of this process,potentially jeopardizing project performance. Mitigations: A. The applicant shall provide a design level geotechnical report for County's independent review prior to final map that will address and coordinate treatment of many of the identified impacts and mitigation measures as referenced many times above. B. The geotechnical engineer should review the final plans to ensure that its recommendations have been incorporated, and file a Plan Review Letter with the County upon approval of the plans. The geotechnical engineer should be retained during construction to ensure that conditions are as anticipated, to inspect excavations, and to recommend appropriate changes based on conditions encountered in the field. The result of the Construction Observation phase should be summarized in a letter filed Findings, Page 13 with the County. The geotechnical engineer should provide an as-built geologic map showing stratigraphic units and structural features exposed during grading, using the applicant's as-built grading plan as a base map. C. A completion bond shall be required prior to grading to ensure that adequate funds are held in reserve to stabilize project area slopes in case of an unforeseen halt in construction prior to completion of grading. Findings: Based upon the EIR and the entire record before this Board, this Board finds that: The Project potential for impact to the environment due to lack of project coordination has been avoided or lessened to insignificance as each of the mitigation measures has been incorporated into the conditions of final map approval and a mitigation monitoring program shall be adopted for implementation concurrently with the approval of these findings. 4 . Hydrology and Drainage Hydrology and Drainage of the site are discussed in section 3.4 of the EIR. Potentially significant impacts under the Original Plan centered around downstream impacts that resulted from removal of the large stock pond on site. Under the Revised Plan,the large stock pond is retained. Impact 3.4-1: The removal of the large stock pond located on the Property would significantly increase flood flows to downstream properties. Mitigation: Retain and repair the existing large stock pond for use as a detention basin or design and construct a new detention basin of comparable size meeting County's design and construction requirements for a regional detention basin. Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project potential for increasing floodflows to downstream properties have been avoided or lessened to insignificance by the implementation of the mitigation measures described above because said regional detention basin will detain storm waters so that the Project will not increase downstream storm flows over existing conditions. Impact 3.4-2: The construction of the Project would significantly increase flood flows to downstream properties. Mitigations: A. See Mitigations for Impact 3.4-1. B. Applicant shall be required to pay drainage mitigation fees calculated for this development to help fund drainage improvements on San Ramon Creek and Miranda Creek. Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project potential for increasing floodflows to downstream properties have been avoided or lessened to insignificance by the implementation of the mitigation measures described above because said regional detention basin will detain storm waters so that the Project will not increase downstream storm flows over existing conditions and any residual regional drainage impacts shall be mitigated through collection of the drainage fees described in the conditions of approval. Impact 3.4-3: The new culvert in Miranda Creek for the project access road would not have sufficient capacity to convey the post-construction 10-year flows without damage to adjacent Findings, Page 14 properties.. Mitigations: A. See Mitigations to Impact 3.4=1. B. The applicant shall be required to use a properly sized bridge to carry the access road across the existing creek instead of the originally proposed culvert. Findings: Based upon the EIR and the entire record before this Board, this Board finds that: The Project potential for damaging adjacent properties due to undercapacity of the culvert over Miranda Creek during a 10-year storm has been avoided or lessened to insignificance by the implementation of the mitigation measures described above because the regional.detention basin will detain storm waters so that the Project will not increase downstream storm flows over existing conditions and the bridge will have sufficient capacity to allow the resulting 10-year storm flow to pass. Impact 3.4-4: The project access road would be subject to damage from creek bank failure along Miranda Creek. Mitigations: Prior to final map approval, the applicant shall develop engineering plans and specifications for creek bank modifications needed to provide long-term stability to the bank of Miranda Creek. These plans shall be based on a hydraulic study,including a determination of the water surface elevations next to the proposed access road.. The plans shall be approved by the County and a Stream Bed Alternation Permit obtained from CDFG prior to the approval of the grading plans. Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The potential for damage to the Project access road from creek bank failure has been avoided or lessened to insignificance by the implementation of the mitigation measures described above because assuring creek bank longterm stability is a condition to approval of the final map and issuance of a grading permit. Impact 3.4-5. The open waterway shown on the Original Plan would erode due to excessive flow velocities in the channel. Mitigation: The open waterway feature has been eliminated from the Revised Plan. Findings: This Board finds that: the described potential impact is eliminated with the elimination of the open waterway feature from the Project. Rejected Mitigations: Mitigations provided by the EIR to alter the design of the open waterway feature to minimize erosion are rejected as inappropriate in light of the elimination of the feature from the Project. Impact 3.4-6. The open waterway would not have adequate right-of-way to allow cost-effective maintenance. Mitigation: The open waterway feature has been eliminated from the Revised Plan. Findings: This Board finds that: the described potential impact is eliminated with the elimination of the open waterway feature from the Project. Findings. Page 15 Rejected Mitigations: Mitigations provided by the EIR to allow for maintenance of the open waterway feature are rejected as inappropriate in light of the elimination of the feature from the Project. Impact 3.4-7. The open waterway would not adequately.replace the existing creek unless the flow regime of the waterway is similar to that of the creek it replaces. Mitigation: The open waterway feature has been eliminated from the Revised Plan. Findings: This Board finds that: the described potential impact is eliminated with the elimination of the open waterway feature from the Project. Rejected Mitigations: Mitigations provided by the EIR to alter the design of the open.waterway feature are rejected as inappropriate in light of the elimination of the feature from the Project. Impact 3.4-8: Discharge of the pipe storm drain into the mitigation area located at the northwest corner of the site would introduce urban pollutants into the small ponded body of water. Mitigation: The ponded body of water in the northwestern corner of the property has been eliminated from the Revised Plan. Findings: This Board finds that: the described potential impact is eliminated with the elimination of the ponded water feature from the Project. Rejected Mitigations: Mitigations provided by the EIR to alter the design of the storm outlet into the ponded water feature are rejected as inappropriate in light of the elimination of the feature from the Project. Impact 3.4-9: Failure of the open ditches used to convey storm water runoff from concentrated sources, such as uphill swales,would damage new homes and graded slopes. Mitigation: The open ditches shall be maintained by the homeowners association. Findings: Based upon the EIR and the entire record before this Board, this Board finds that: The Project potential for damaging new homes based upon failure of open ditches has been avoided or lessened to insignificance by the implementation of the mitigation measure described above because the kind of maintenance required is of the sort that is typically performed by homeowners associations of a like kind and size as the Project association. Rejected Mitigation Measure: The EIR recommended the following mitigation measure: "A public storm drain system should be extended to all points of concentrated flow and inlets installed to collect that flow." The reason that this mitigation measure is rejected is: with the conversion of the internal roads from public to private,the County is unwilling to accept dedication of any part of the underground storm system within the Project. The alternative mitigation stated above is adequate to reduce the described impact to insignificance. Impact 3.4-10: Flooding of the Sherman and Anderson properties would increase due to an increase in peak flows: Findings, Page 16 Mitigations: A. See mitigations for Impact 3.4-1 and 3.4-2. B. Once a determination is made as to whether the large-stock pond may be used for dual (flood control/wildlife habitat)purposes,a hydrology study (required before approval of improvement plans and final map) will determine which additional downstream improvements are necessary in order to provide sufficient culvert capacity on Sherman and Anderson to handle resulting peak flows. Findings: Based upon the EIR and the entire record before this Board,this Board finds.that: The .Project potential for damaging the Sherman and Anderson properties has been avoided or lessened to insignificance by the implementation of the mitigation measure described above because peak flows will not increase over existing conditions,or culvert capacity will be increased as needed. Rejected Mitigation Measure: The EIR recommended the following mitigation measure: "The applicant should replace the.72-inch culverts with ones of adequate size. The applicant should fund a portion of the replacement cost for the 48-inch culvert with one of adequate size. The replacement culverts would be about seven-feet in diameter with the large stock pond removed and not replaced." The reason that this mitigation measure is rejected is: The applicant is required to make an effort to save the large stock pond as a wildlife habitat and flood control facility. If such joint use is feasible, then, the hydrology of the down stream flows will be substantially different than those relied upon by the author of the rejected mitigation measure. The alternative mitigation stated above is adequate to reduce the described impact to insignificance based upon the hydrology of the"Final Map"project as opposed to the hydrology of the originally proposed project. Impact 3.4-11: Water quality would be adversely impacted by the construction and occupancy of the Project. Mitigations: A. See mitigations for Impacts 3.3-5. B. Provide a permanent on-site sediment trap with sufficient removal capacity to maintain the existing long-term levels of sediment discharge to Miranda Creek. The sediment trap should be designed based on an engineering assessment of the current sediment discharge, in tons per year, at the outlet of the large stock pond. The design of the permanent sediment trap should be approved by the County prior to approval of the grading plans. C. The retention of the large stock pond as a wildlife habitat will require desilting operations to maintain and enhance the water quality of the pond. A drying area for sediment shall be provided on site in the southeast portion of the Property whereafter the dried silt shall be removed off site. Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project potential adversely impacting water quality has been avoided or lessened to insignificance by the implementation of the mitigation measure described above because water will be desilted and/or filtered both as its enters the Property and again prior to being released into Miranda Creek under the NPDES program. Rejected Mitigation: A portion of Mitigation Measure 3.4-11(b) reads: "A disposal area shall be provided on-site to accept sediment removed from the trap to maintain its capacity." The reason Findings, Page 17 for the rejection of the measure is: there is no location on the site to provide for long term storage of collected sediments. The balance of the identified measure, together with the other mitigation measures stated above are adequate to reduce the impact to significance. S . Visual Quality Visual Quality is discussed in section 3.5 of the EIR. Potentially significant impacts identified in the Original Plan included location of lots and grading above the 26% slope line, terraced grading to create flat lots, fencelines bisecting steep slopes, loss of rural character along access road, elimination of existing trees. Impact 3.5-2: Grading for lots 32 and 33 of the Original Plan would create visual scars on slopes exceeding 26%. Mitigation: A. Lot 32 and the associated grading called for in the Original Plan has been eliminated on the Revised Plan. B. Lot 33 of the Original Plan has been relocated pulling the building area to a flatter portion of the lot and the limits of grading have been pulled significantly closer to the 26% line. The building pad for Lot 33 has a side slope and a building requirement that the home be a"stepped home"as called for in the EIR. Findings: Based upon the EIR and the entire record before this Board, this Board finds that: The Project potential for visually scaring slopes in excess of 26% has been avoided or lessened to insignificance by the implementation of the mitigation measure described above because the significant cut slope shown on the original plan has been eliminated and the only grading remaining above the 26% line in this area is predominantly hidden behind the nose of the slope at that location. The sloped pad on Lot 33 of the Original Plan (23 of the Revised Plan) better fits the existing contours of the land. Impact 3.5-3. Grading to accommodate pads for lots on the two southern pointing culdesacs would result in terraced hillsides rather than contouring the hillside to fit the house to the slope. Terraced benches create visual scars that cannot be concealed with landscaping. Mitigations: The Revised Plan significantly alters the proposed grading for the culdesac lots at issue in this impact. A. Road widths are reduced to 28' curb to curb and sidewalks are eliminated. B. Embankments between padded areas are 3:1 and are restricted in height. C. Lots number 4, 5, 6, 8, 9, 19, 20, 21, and 23 of the Revised Plan have sloped rather than flat pads. D. Architectural Guidelines for custom homes include height and unbroken exterior vertical wall limits,and split level and second story set-back requirements. E. Limits of grading above the 26% slope line is significantly reduced under the Revised Plan. F. Pad size is restricted on sensitive lots. Findings, Page 18 Findings: Based upon the EIR and the entire record before this Board, this Board finds that: The Project potential for visually scaring slopes by terraced building pads along the southern pointing culdesacs has been avoided or lessened to insignificance by the implementation of the mitigation measure described above because grading under the Revised Plan is significantly less than that shown on the Original Plan. The smaller, sloped pads, together with shallower embankments between pads avoid the pronounced "stairstepped"look. The narrower road allows the building pad to be pulled closer to the lower portions of the lot. The Guidelines require that homes nestle into the slope provided rather than perching atop slopes. Impact 3.5-4: Grading for Lot 54 of the Original Plan would result in a benched cut slope extending 50+feet above the project roadway,creating a visual intrusion at the project entrance. Mitigations: A. The Lot has been renumbered as number 1 on the Revised Plan and shifted to take advantage of a flatter portion of the site. B. The pad area has been restricted in size. C. The grading on the lot has been significantly reduced to minimize the need to make extensive cuts beyond the 26%slope line. Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project potential for visually scaring slopes at the project entrance through grading on Lot 54 of the Original Plan has been avoided or lessened to insignificance by the implementation of the mitigation measure described above because the revised grading plan eliminates the 2:150' cut slope above the pad at the project entrance. Impact 3.5-5: Lot lines extend 40 to 80 feet above pad, encouraging fence lines to bisect steep slopes. Mitigations: A. Conservation easements shall be established in upper portions of sloped lots where the lot is in excess of 20'above pad elevation. B. Open wire fencing is required above the Conservation Easement line. C. The applicant is required to eliminate an aggregate of 43,560 square feet of area from the developed lot area of the project taking into consideration: lowering rear lot lines on Courts A and B, providing a larger open space area between lots and the Sherman property. Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project potential for visually scaring steep slopes with structures and fencing has been avoided or lessened to insignificance by the implementation of the mitigation measure described above because property lines will be pulled down off from some of the steepest slopes, a conservation easement . prohibits installation of structures on the easement area,open wire fencing does not visually bisect _slopes as solid wood fencing would do. Findings, Page 19 Impact 3.5-6: The character of the existing rural access roadway along the creek would be altered with the loss of some riparian vegetation and oak trees. Mitigations: A. The Revised Plan includes a redesigned private access road with a minimal width and other features to retain the rural character of the access road. B. Subject a landscape plan for the access road. Replacement trees should be a minimum of 24-inch box specimens. Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project potential for altering the rural character of the access road has been avoided or lessened to insignificance by the-implementation of the mitigation measure described above because the narrower road allows for the preservation of all but mature one oak tree which will be replaced with a minimum of a 24 inch box specimen. Other features incorporated to the access road design enhance the rural character of the mad. Impact 3.5-8: The proposed project would eliminate some existing trees and vegetation. Mitigations: A. The site plan has been reconfigured to allow preservation of trees 31 -36. Tree 37 may also be preserved if lot grading is feasible around the tree. B. The applicant is conditioned with fencing and bonding for trees to be protected within the limits of grading on the site. C. The CC&R's for the Homeowners Association will prohibit the removal of trees from the Property except in the interests of public safety. Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project potential loss of mature trees has been avoided or lessened to insignificance by the implementation of the mitigation measure described above because 93%of the mature trees on the Property shall be preserved both in the near term and long term. 6 . Biotics Biotics is discussed in section 3.6 of the EIR. Under the Original Plan, identified potentially significant impacts included loss of or reduction in quality of existing vegetation, wetlands, and wildlife habitat. Impact 3.6-1: Existing vegetative cover would be removed on portions of the site proposed for development: off-road vehicle activity could destroy or damage grassland and other vegetative cover. Mitigations: A. Applicant to prepare a detailed Landscaping and vegetation Management Plan consistent with County's Water Conservation Landscaping Ordinance. B. A bridge shall be used at the creek crossing for the proposed access road. Findings, Page 20 C. Three segments of riparian woodland on site shall be preserved and enhanced as a part of the proposed development of the site. These areas include the main channel segments in the northwestern and southeastern corners of the site and the remnant riparian area between lots 10 and 11. D. Vehicles and motorcycles should not be allowed to travel off designated roadways to minimize future uncontrolled disturbance to grasslands cover and other vegetation. Appropriate barriers and signs shall be installed. Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project potential for damaging existing vegetative cover on the Property has been avoided or lessened to insignificance by the implementation of the mitigation measure described above because development is clustered in the valley floor and will not disrupt over 90%of the mature trees on the Property. The redesigned access road with the bridge instead of the culvert minimizes disruption of the riparian corridor along Miranda Creek. Barriers and signs prohibiting vehicular traffic into open space areas will provide long term protection of grass lands and trees. The steep topography of most open space areas will act as a natural barrier to vehicular traffic. Rejected Mitigation and Findings: The Revised Plan does not include the reconstruction of the creek feature and hence,proposed mitigations relating to said feature are rejected The Revised Plan does not retain the small stock pond in the vicinity of Lot 19. The small tributary.swale to the south of that stockpond will be filled. In light of the remaining wetlands preservation and enhancement called for in the Revised Plan,the loss of the small stock pond and tributary swale are . found to be insignificant. Impact 3.6-2: _The proposed development would require removal of mature trees. Mitigations: A. See Mitigations for Impacts 3.5-6 and 3.5-8. , B. Project grading has been redesigned to minimize disruption and/or removal of trees within the project limits of grading: 1) Trees identified as 435,436,437,439 at the northwest corner of the Property: 2) Trees 32, 33, 34, 35, and 36 between lots 10 and 11 of the Revised Plan. 3) Trees 16 and 17 on the eastern most border of the Property. 4) Tree 31 to the north of the main subdivision road. 5) Tree 37 is to be preserved unless preservation renders it infeasible to build lots 9 and/or 10. C. The emergency vehicle/trail access point between the Property and Round Hill Estates North to the South of the Property has been moved to the existing fire road to the south of the creek. D. Lots 27 and 28 of the Revised Plan are natural lots with minimal grading around trees 60-66, 69-71 and 74. E. The applicant shall submit a Tree Preservation Plan prepared with the assistance of an Findings, Page 21 arborist or landscape architect detailing guidelines for the control of possible damage to trees, both during construction and as a result of long term irrigation and drainage. Specific measure to be included are: 1) Reduce grading within dripline of trees to be preserved. 2) Construction fencing at the outmost edges of the driplines of trees to be preserved. 3) Trenching prohibited in driplines. Utility lines or retaining wall foundation within dripline installed by boring or drilling through soil. 4) Paving within preserved tree dripline prohibited or stringently minimized, using porous materials such as gravel, loose boulders, cobbles, woodchips, or bark mulch. 5) Tree long term maintenance provisions. 6) Tree irrigation restrictions. F. For trees removed, applicant shall provide one replacement oak tree, minimum 15 gallons for every 20 inches of aggregate trunk circumference of trees removed. Findings: See Findings for Impacts 3.5-6 and 3.5-8. The minimal grading and bonding required under the Revised Plan provides for the preservation of well over 400 mature trees on the Property,including 250 Valley Oaks,an identified species of concern to the CDFG. Relocation of the emergency vehicle/trail access point is pulled all grading activity away from the trees identified as 60,61,62,63,64,65. The Tree Preservation Report will incorporate provisions to be included in the Association CC&R's to provide for the long term preservation and enhancement of the trees within the Property. Rejected Mitigation: The applicant is not required to preserve the 60' Live Oak located in the vicinity of Court B. The tree has already lots half its crown and the remaining crown is expected to fall. Preservation would require cabling of limbs and large building setbacks to protect structures from damage when it does fall. Though the tree may be the largest diameter tree on the site, removal of the tree is not a significant environmental impact because of its existing precarious condition. In excess of 95% of the mature oak trees on the site will be retained and permanently protected. Impact 3.6-3: Existing wetland resources would be altered and partially eliminated. Mitigations: The Original Plan incorporated a wetlands preservation program that did not take into account the as yet undiscovered red legged frog that lives in the large stock pond. A. The Revised Plan offers a different wetlands mitigation plan that preserves and enhances the frog habitat. B. Loss or modification to existing wetland features must be coordinated with the Army Corps of Engineers and CDFG to ensure adequate replacement and enhancement. Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The _ Project potential for altering and eliminating wetlands on the Property has been avoided or lessened to insignificance by the implementation of the mitigation measure described above because the Revised Plan focuses on preservation of most of the on-site wetlands rather than removal and replacement on-site with mitigation wetlands.Enhancement of the frog habitat will assure the long Findings, Page 22 term viability of the large stock pond,the single largest wetlands feature on the Property. Rejected Mitigation Measure: A portion of mitigation measure 3.6-3(a) sought the preservation of the small stockpond and upstream channel to the south. That portion of the mitigation measure is rejected and the applicant is not required to preserve the small stockpond-and tributary swale because the stockpond is a seasonal wetland, .19 acres in size and is not home to any species of concern. In light of the retention,enhancement, and long term preservation of the other wetland features incorporated into the Project,the loss of this one small area of low habitat, value wetlands is found to be insignificant. Impact 3.64: Wildlife habitat would be altered and wildlife use disrupted. Mitigations: A. See mitigation measures to protect and enhance existing wetland habitat,preserve trees. B. Provide for revegetation of graded slopes. Findings: Based upon the EIR and the entire record before this Board, this Board finds that: The Project potential for altering habitat and disrupting wildlife on the Property has been avoided or lessened to insignificance by the implementation of the mitigation measures described above because the project includes the long term preservation of 50 acres of open space,including over 400 mature trees. Rejected Mitigation Measure: The creek restoration feature is not a part of the Revised Plan and hence there is no requirement to provide bridge crossings of the creek to minimize disruption of movement of wildlife along the stream. Impact 3.6-5: Habitat for special-status taxa (red legged frog) would be modified and eliminated. Mitigations: The applicant is required to submit a Wildlife Habitat Restoration/Protection Plan for County independent review prior to final map approval. The Plan will include: A. Interim habitat for red legged frog during retrofitting of dam to large stock pond. B. There shall be a 100 foot buffer between the edge of the pond and the nearest lot. C. Landscaping within pond set-back area shall enhance frog habitat. D. The pond shall be fenced. E. The program shall provide for long term maintenance and monitoring activities. A sediment basin should be considered in the upstream channel area to minimize the need to future dredging of the large pond. F. An information pamphlet concerning the red legged frog status, habitat requirements, and vulnerability, and need to protect the population at the site shall be prepared and . distributed to workers on the site and future lot buyers. . Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project potential for modifying or eliminating the habitat for the red legged frog on the Property has been avoided or lessened to insignificance by the implementation of the mitigation measure Findings, Page 23 ................... . _..__.. ._...___.. .... described above because the Project.will permanently preserve and enhance the existing frog habitat. 7 . Public Services and Utilities Public Services and Utilities is discussed at section 3.7 of the EIR. Potentially significant impacts to fire,police,parks, schools and water providers were identified due to the Project's incremental increase in demand for these services. Impact 3.7-1: Development of the site would increase the potential risk for wildland fires. Mitigations: A. All houses will be equipped with sprinklers. B. All houses will have fire retardant roofs. C. The homeowners association will perform annual weed abatement in open space areas near residences. D. A minimum 100 foot buffer, either vegetative or disked shall be located behind all homes. E. Emergency access is provided to open space from subdivision roads at the end of Court A,off the short drive to lots 27 and 28 (Revised Plan)between lots 37 and 38 (Revised Plan). Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project potential tngreasing the risk for wildland fires has been avoided or lessened to insignificance by the implementation of the mitigation measure described above because sprinkling is one of the most effective ways to protect structures from fire damage,unauthorized use or access to open space areas is limited, open space fire maintenance required is of the sort that is typically performed by homeowners associations of a like kind and size as the Project association. Impact 3.7-2: The incremental demand for police services would increase. Mitigations: A neighborhood watch program shall be established as a part of the homeowners association. Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project potential increasing demand for police services has been avoided or lessened to insignificance by the implementation of the mitigation measure described above because the Sheriff does not anticipate the project will require additional staff or facilities. Impact: 3.7-3: Development of the Project site would place an incremental demand on local park and recreational resources. Mitigations: A. The Project will generate over$100,000 in county park fees as a condition of building permit. Findings, Page 24 B. The Project includes multi-purpose access trails to the adjacent East Bay Regional Park District lands which is in turn connected to the State owned Diablo parklands. Findings: Based upon the EIR and the entire record before this Board,this Board finds that: The Project potential increasing the demand on local park and recreational resources has been.avoided or lessened to insignificance by the implementation of the mitigation measure described above because the County has established a Recreational Agency to administer recreational facilities in this area and the park fees paid will be used to construct and maintain recreational facilities within the general area of the Project. The trail link will be available to the public to provide pedestrian and equestrian access to public park open space facilities. Impact 3.7-7: The increase in students from the proposed project would contribute to the existing crowded conditions at Rancho Romero Elementary School. Mitigations: A. The Project density was reduced from 54 units under the Original Plan to 51 units under the Revised Plan. B. Building permits in the Project.are conditioned with the payment of State school impact fees,described in the EIR as$1.65/square foot of building. Findings: Based upon the EIR and the entire record before this Board, this Board finds that: The Project potential increasing the existing crowed conditions at Rancho Romero Elementary School has been avoided or lessened to insignificance by the :implementation of the mitigation measure described above because the reduction in density is expected to reduce the number of students generated by the Project and school fees, along with other revenues, will be used for capital improvements, such as building new schools and improvements to existing schools. Given a projected average building size of 3,800 square feet, the Project can be expected to generate over $300,000 for the San Ramon Valley Unified School District in building fees. Further,the Project will provide additional property tax basis, a large portion of which is currently allocated under State law to fund ongoing school programs. Impact 3.7-10: Converting agricultural land to residential uses would increase the demand for water supply. Mitigations: A. The Project density was reduced from 54 units under the Original Plan to 51 units under the Revised Plan. B. Water conservation measures required in Chapter 82-26 of the County Zoning Ordinance must be incorporated into the landscaping plans for lots in the subdivision. C. Water conservation devices shall be installed in each new residence. Findings: Based upon the EIR and the entire record before this Board, this Board finds that: The . Project potential increasing the demand for water has been avoided or lessened to insignificance by the implementation of the mitigation measure described above because the reduction in density and the incorporation of water conservation measures are expected to reduce the demand for water to the Project. Also,the water district included the Project and corresponding urban water demand of this Property in its Master Water Plan. Findings, Page 25 VI. CEQA FINDINGS REGARDING GROWTH-INDUCING IMPACTS Findings re: Growth Inducing Impacts: The Project includes annexation-to-water and sewer service agencies and construction of related infrastructure, improvement of flood control facilities, and upgrading of an access road that currently serves the Anderson, Sherman, Project Property, and Bridges. The Project also includes emergency vehicle access between the Project and Roundhill Estates North. Provision of this infrastructure could have a potential of inducing growth on the Anderson, - Sherman, Bridges, and in Roundhill Estates North (under what-was known as the Chanticleer Estates Project). However, the following factors lead this Board to find that the growth inducing impact of this Project is insignificant: A. Under the General Plan, additional development on the Anderson, Sherman, and Bridges properties is limited to 30 units in the aggregate. The proposed development application known as Chanticleer Estates has been withdrawn due to lack of applicant interest. B. The properties each contain various physical and legal constraints to development including: 1) Restriction against further subdivision of lots: Chanticleer 2) Slope protection policies of General Plan: Bridges, Sherman,Anderson 3) Creek setback ordinance:Bridges Sherman,Anderson. 4) Identified landslides: Bridges C. The Bridges and Sherman property owners both operate full service horse stables. Both.owners have introduced evidence into the record that they have no short term plans to convert their current agricultural use to residential use. D. Provision of water to Bridges property through annexation to EBMUD will allow the existing agricultural use to continue on a better economic footing than under the current circumstance where water is being trucked into the property at great expense to the property owner. E. The Project is in a site designated for residential development and is located in an area where urban services are readily available. The project is identified as an in fill project in the EIR. The Project is consistent with the General Plan. VII. FINDINGS REGARDING UNAVOIDABLE AND IRREVERSIBLE IMPACTS Findings re: Ag Land Conversion: The project permanently converts 30 acres of agricultural land to residential use. Based on the EIR and the entire record before this Board,this Board finds that the environmental, social,and other beneficial features of this Project override the impacts of the Project regarding loss of agricultural lands, as more fully stated in the Statement of Overriding Considerations. Findings, Page 26 VIII. FINDINGS REGARDING ALTERNATIVES TO THE PROJECT Findings re: Alternatives to the Project: This Board finds that the EIR sets forth a reasonable range of alternatives to the Project so as to foster informed public participation and decision making and to permit a reasonechoice. '11iis Board finds that the alternatives are adequately discussed and evaluated in the EIR. The approved Project offers the following benefits over the alternatives offered in the EIR: A. No Project Alternative: 1) The Project provides and opportunity to implement many Goals, Policies, and Measures described in the General Plan. 2) The Project permanently protects over 55 acres of open space that that could otherwise continue to be degraded through constant grazing under the No Project alternative. 3) The Project permanently protects and enhances wetlands areas (in particular,the large stock pond)as a habitat area for the red legged frog. Under the No Project alternative, the habitat area is subject to long term degradation through ranch uses of the stock pond and the introduction of upstream sediments into the pond. B. Slope Density Alternative: The Project has one fewer lot than the Slope Density alternative and hence has fractionally fewer impacts on traffic and circulation, and public facilities demands than that analyzed alternative. Other impacts would be the same (i.e. geologic,hydrologic,visual, biotics). C. Increased Density Alternative: The Project has 47 fewer lots than the Increased Density Alternative and hence has significantly fewer impacts on traffic and circulation and public facilities demand than that analyzed alternative. Additionally, visual impacts under the Increased Density Alternative would be greater as lots would be much smaller under this alternative. An unfortunate but developing trend is to overdesign large homes on smaller lots. Other impacts would be the same (i.e. geologic, hydrologic, biotics). D. Environmentally Superior Alternative: The approved Project incorporated nearly all the features and mitigation measures of the Alternative Site Plan prepared by the EIR consultant. In addition, the approved Project provides for even less grading that then EIR's alternative site plan and, if feasible, the dual use of the large stock pond for wildlife habitat and .flood control purposes. Hence, the Project is found to be environmentally superior to the Alternative Site Plan offered in the EIR. I X. CUMULATIVE IMPACTS The cumulative impacts of the Project are discussed in the EIR at pages 4-1 to 4-7. The EIR states that the Project could have cumulative impacts with respect to the following areas: (i)loss of prime soils would add to the cumulative loss of prime agricultural land in the County-, (ii)closure of horse facilities on the Property incrementally adds to the overall loss of these facilities in the region; (iii) addition of students generated by the project will incrementally add to current overcrowded conditions in area schools as cumulative development occurs; (iv)the Project incrementally adds to the.cumulative demand for water supplies; (v) the-Project incrementally adds to the cumulative demand for sewer capacity. Mitigation measures for each of these impacts are addressed above. Implementation of mitigation measures incorporated into the Project under the Revised Plan and imposed upon the Project Findings, Page 27 through the Conditions of Approval will avoid or substantially lessen the cumulative impacts of the Project. The environmental, economic, social and other benefits of the Project override any remaining cumulative impacts of the Project. X STATEMENT OF OVERRIDING CONSIDERATIONS This Board adopts and makes the following Statement of Overriding Considerations regarding the remaining, unavoidable and irreversible impacts of the Project, as discussed above, and the anticipated economic, social and other benefits of the Project: The remaining, unavoidable and irreversible impacts of the Project are acceptable in light of the environmental,social,economic and other considerations set forth below, because the benefits of.the Project outweigh such impacts. Each of the matters set forth below is, independent of the other matters, an overriding consideration warranting approval of the Project despite each and every unavoidable impact. A. General Plan Implementation. The Project presents an opportunity to further key land use goals in the General Plan. The Project Property is designated for residential use despite its prior agricultural use. The,Project will implement the General Plan designation. B. The Project is consistent with surrounding land uses (Stonegate project to the northwest,Round Hills Estates project to the south)and will contribute positively to the character of the community. C. The mitigated Project allows for the continuation of agricultural uses on the adjacent Anderson,.Sherman, and Bridges properties, and may provide a ready market of new clients for the ranch facilities thereby encouraging the ranches long term economic viability.- D. iability.D. The Project,as an in-fill development, will further the County goals for jobs/housing balance. The County's General Plan EIR reports that 23,000 new jobs will be created in the San Ramon Valley during the General Plan horizon. The population of the Valley is expected to increase by 30,000. Meanwhile,the housing stock of the Valley is only expected to increase by 14,400 units. The net effect of.the shift in demographics and housing is to reduce the jobs/housing ratio'for the Valley from .93 to .91 at the horizon of the General Plan. The Project will provide new housing in this area thereby promoting a balance of jobs and housing. E. The approved Project reverses the long term degradation of wetlands,habitat of special status taxa, open hillsides, and slow removal.of mature trees occurring under the existing agricultural use. The Project allows for the preservation and enhancement of these environmental resources. F. The Project will contribute to solving existing downstream flooding problems. XI. FINDINGS REGARDING MITIGATION MONITORING PROGRAM A mitigation monitoring program has been prepared for the Project and is attached hereto and incorporated herein by reference. This Board hereby adopts the attached mitigation monitoring program in fulfillment of the requirement of Section 21081.6 of the California Public Resources Code., Findings, Page 28 XII. FINDINGS REGARDING FINAL DEVELOPMENT PLAN, REZONING TO P-1, AND SUBDIVISION 7633. 1 . P-1 District Findings. Based upon the EIR and the substantial record of this Project,this Board finds that the approval of the rezoning 2944-RZ in consistent with the County's P-1 District zoning ordinance: A. The Project will provide residential housing in a distinct, open space environment. The Project neighborhood will have sustained desirability and stability, and will be in harmony with the character of the nearby community. The design of the homes within the neighborhood will be regulated by Architectural Review Guidelines prepared by the applicant, to be reviewed and approved by the Zoning Administrator, and adopted by the Homeowners Association. The Guidelines will assure.attractive design of the residential units compatible to the surrounding environment and adjacent development (Stonegate,Round Hill Estates),consistent with General Plan Policies. B. The requested rezoning is consistent with the General Plan land use designations on the . Property. 1) The Property includes three General Plan designations: Single-Family Residential, Low ("SL"); Agricultural Lands ("AL"), and Open Space ("OS"). The density range allowed under the Property's General Plan designations is from 33 to 76 residential lots. The Project has 51 residential lots which is within the designated range. 2) - The current A-2 zoning would not yield a sufficient number of lots to be consistent with the General Plan designated range of 33 to 76 lots. - C. PD zoning of the Project allows design flexibility to meet important environmental goals that would not be possible if development were conducted under another zoning that might otherwise be thought of as consistent with the General Plan. The PD zoning allows the clustering lots substantially on valley floors thereby preserving open hillsides and ridges,enhancing wildlife habitats,protecting stands of mature trees. 2. Development Plan/Subdivision Findings: Based upon the EIR and the substantial record of this Project,this Board finds that the approval of the Development Plan 3003-91 and Subdivision 7633 is consistent with the General Plan: A. The Property is within the Urban Limit Line established in Measure C 1990. B. The Project allows: i) preservation and conservation of open space, wetlands, parks, hillsides and ridgelines to preserve the continued availability of unique habitats for wildlife and plants;ii)protection of unique scenery; and,iii)provision of a wide range of recreational opportunities for County residents. C. The Project includes permanent preservation of 65% of the Property, or 55 acres of open hillsides and creek corridor,as open space. D. The Project preserves a significant population of natural woodlands,including over 200 Valley Oaks,a species of concern to the CDFG. Findings, Page 29 E. The Project is consistent with the Growth Management of Measure C 1988 as incorporated into the General Plan which permits urban development only where public services delivery systems meet applicable performance standards: 1) Traffic. Mandated Levels of Service are maintained. 2) Water. Adequate capacity exists or will be built in connection with this Project, within the water system to serve the Project: (i) The Project is located in the Diablo Pressure Zone which is served by three reservoirs. When sizing the Miranda Reservoir within that zone, the EBMUD staff included capacity for development of the project site and the adjoining Bridges property. (ii) An existing water main extends across the Project between Stonegate and Round Hill Estates. Water service from that water line will be available to the Project upon annexation to EBMUD. (iii) Development of the Property was considered in the growth projections used to develop the District's Water Master Plan for the San Ramon Valley Area. (iv) Units in the Project will pay the District's normal connection charges to offset the cost of providing guaranteed water supply for said units. 3) Sewer. Adequate capacity exists or will be built in connection with the Project within the CCCSD wastewater collection system to serve the Project: (i) The District Staff stated that its 45-mgd treatment plant capacity should be adequate until 1997-2000,based upon historical connection rates to the collection system. (ii) An existing eight-inch sewer line serving the Stonegate development immediately to the north of the Property has capacity to serve the Project. (iii) Units in the Project will pay the District's normal connection charges to offset the cost of providing sewage treatment capacity for said units. 4) Fire. The homes in the Project will be sprinkled. 5) Police. The Project is within County Service Area P-2, a special taxing district providing funds to support additional increments of Sheriff patrol necessary to meet the adopted service standard for police. 6) Parks. The Project will generate $104,000 in park fees to the County in satisfaction of this growth management standard for parks. In addition, the Project provides trail access to unimproved open space areas. 7) Flood Control/Drainage. The Project is conditioned to pay is fair share of the costs related to increased runoff created by the development in both the San. Ramon Creek watershed and the Miranda Creek Watershed and is conditioned in the alternative: no significant increase in peak flows occur compared to the Property's pre-Project condition; or, off-site measures be employed which are equally effective in preventing adverse downstream impacts expected from the Project. 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The Project access road has been designed as a narrower privately owned and maintained road in view of the following special considerations and mitigating circumstances: • to retain the rural character of the road to mitigate potential visual impacts • to minimize physical impacts on the creek corridor to the north of the road, the steep slopes to the south of the road, and certain mature trees along either side of the road • to further enhance the public safety by constructing the road in a manner which will improve fire and emergency vehicle access, improve the ability of oncoming vehicles to pass within the paved roadway, and allow sufficient width so that a disabled vehicle could temporarily park on the road shoulder without impeding the flow of traffic • to minimize the area required for the road improvements across the Anderson and Sherman properties • to allow design features that will enhance public safety by encouraging drivers to slow down as they travel on the access road • to provide a more direct, safer and superior alignment connecting to Livorna Road. -1- Though the road is intended to be privately owned and maintained, the road will not be gated or fenced and the public shall continue to have the right to use the access road. The road will provide access to the existing Sherman and Bridges horse ranch businesses and the residences contemplated by this Project approval. If, for any reason, the County determines that the road must be a public road, it shall be constructed substantially consistent with the design detailed in the "Off-site Access Road Alignment Study, " as set forth in Condition 38 .B and as otherwise provided for in the project conditions of approval . Such a modification to general public standards is allowed and hereby authorized under the County' s P-1 Planned Unit District Ordinance. 2 . The Board hereby expressly states that in imposing Condition 38 .H, (the County' s standard condition with respect to acquisition of off-site right of way) , this Board is in no way making a predetermination of any intent to use its eminent domain authority for the acquisition of right of way upon which the Project is conditioned. The subdivider has agreed that refusal by the Board to exercise its power of eminent domain for that purpose shall not constitute a waiver of condition of approval 38 .B, 38.D, or 38 .H. -2-