The URL can be used to link to this page

Home My WebLink AboutMINUTES - 12201994 - D2 �2. TO: BOARD OF SUPERVISORS Contra ;. Costa FROM: HARVEY E. BRAGDON County DIRECTOR OF COMMUNITY DEVELOPMENTy. h o DATE: December 14 , 1994 SrA �ouHi cA SUBJECT: Decision on the Recommendation from the County Planning Commission and the San Ramon Valley Regional Planning Commission on Shapell Industries of Northern California, Inc. (Applicant & Owner) on a Request to Change the General Plan from Agricultural Lands (AL) to Single Family Residential-Medium Density (SM) , Open Space (OS) , Parks and Recreation (PR) , and Public/Semi-Public (P/SP) , County File #5-94-SR; Rezone the property from A-SO (Agricultural Preserve) to P-1 (Planned Unit Development) with Preliminary Development Plan, County File #3010-RZ; and final Development Plan, County File #3010-92 to develop 1,216 residential units, golf course with club house, public/semi-public, church facility, parks and open space. SPECIFIC REQUEST (S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2 . Adopt the Mitigation Monitoring Program prepared for this project. 3 . Approve the General Plan Amendment (GPA 5-94-SR) , Rezoning with Preliminary Development Plan (3010-1:Z) , and Final Development Plan (3010-92) with the attache.ci Conditions of Approval as modified by the Board of Supervisors. 4 . Adopt the Statement of Findings and Over-riding Considerations and Certification of the Environmental Impact Report as presented to the Board of Supervisors,. 5 . Adopt the Planned Unit Development (P-1) Findings as presented to the Board. 6. Adopt the ordinance. (Ordinance No. 94-77) CONTINUED ON ATTACHMENT: X YES SIGNATURE �� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON December 20 , 1894 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: 2 .4 ,5 , 1 NOES:_ ACTION TAKEN AND ENTERED ON THE ABSENT: None ABSTAIN: None MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Debbie Chamberlain - 646-2031 Orig: Community Development Department ATTESTED December 20 , 1994 cc: PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS A COU T ADMINISTRATOR BY , DEPUTY 2 . FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATION On December 13 , 1994 the Board of Supervisors gook testimony, closed the public hearing and declared their intent to approve the project on December 20 , 1994 . Staff has provided in the Board's packet the following items with the modifications as made by the Board: 1 . Statement of Findings and Over-riding Considerations and Certification of the Environmental Impact Report. 2 . Planned Unit Development (P-1) Findings. 3 . Conditions of Approval as modified by the Board of Supervisors. 4 . Mitigation Monitoring Program as modified by the Board of Supervisors . DJC/aa BOIX/3010-92-DJC 12/14/94 D. 2 (a) rw THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopts this Order on December 20, 1994, by the following vote: AYES: Supervisors Smith, DeSaulnier, Torlakson and Powers NOES: Supervisor Bishop ABSTAIN: None SUBJECT: In the Matter of the Environmental Impact RESOLUTION NO. 94/640 Report and Mitigation Monitoring Program related to the Country Club at Gale Ranch General Plan Amendment, Rezoning and Preliminary Development Plan, Final Development Plan and Development Agreement The Board of Supervisors of Contra Costa County RESOLVES that: The applicant has submitted for consideration and approval of a Project comprised of the following applications: (1) a General Plan amendment; (2) a Rezoning from A-80 to P-1 and Preliminary Development Plan; (3) a Final Development Plan; (4) a Vesting Tentative Subdivision Map (SUB 7796), and (5) a Development Agreement. The Project will also require Final Subdivision Map(s), and may require formation of a County Service Area or other financing entity, expansion of spheres of influence of urban service providers and annexation into their districts, annexation into a municipality, and any other necessary environmental or implementing approvals. On Junef22, 1994, based on an Initial Study prepared by the County, the County issued a Notice of Preparation of Environmental Impact Report for the proposed Country Club at Gale Ranch. On July 21, 1994, a public scoping session was held to identify environmental issues and provide for public participation. y On August 5, 1994, the Draft EIR was published for public review and comment and filed with the State Office of Planning and Research. The DEIR was available for citizen and agency review and comment for 45 days, through September 19, 1994. On September 12, 1994 the Zoning Administrator held a duly noticed public hearing to receive comments on the DEIR. On October 25, 1994, the FEIR, including the DEIR comments and responses, were made available to the public. On November 7, 1994, the Zoning Administrator held a public hearing. After reviewing all available testimony and evidence in the record, the Zoning Administrator recommended that the EIR be certified as having been completed in accordance with CEQA. NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: Based on the record and the recommendation of the Zoning Administrator, the Board of Supervisors hereby adopts the Findings and Statement of Overriding Considerations and Certification for the EIR, dated December 20, 1994, and adopts the Mitigation Monitoring Program dated :December 1994, related to the Project known as Country Club at Gale Ranch. Orig. Dept.: Clerk of the Board cc: Director of Community Development Director of Public Works County Administrator Director of Growth Management and Economic Development County Counsel Town of Danville City of San Ramon I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Su sors on thdate shown. qATTESTED: �'DN1I #I I ` PHIL BATCHELOR,Cierk of the Board Supervis and Coun Administrator a By — oeauty r 2 CONTRA COSTA COUNTY 0. O�Srq.CO � MITIGATION MONITORING PROGRAM COUNTRY CLUB AT GALE RANCH RECEIVE ` r�c 2 0 1994 CLERKBCONTRA O OS-f GO 150RS SCH#93081082 December 1994 Mitigation Monitoring Program for the Country Club at Gale Ranch Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing Martinez, CA 94553-0095 Contact: Deborah J. Chamberlain 510/646-2031 December 20, 1994 This document should be cited as: Contra Costa County 1994. Mitigation Monitoring Program for the Country Club at Gale Ranch. December 1994. Martinez, CA. Mitigation Monitoring Program for the Country Club at Gale Ranch INTRODUCTION This Mitigation Monitoring Program (MMP) is designed to ensure compliance with the mitigation measures contained in the final environmental impact report (Final EIR) and adopted in the CEQA Findings for the Country Club at Gale Ranch project. A reporting or monitoring program is required as part of the California Environmental Quality Act (CEQA) under Public Resources Code 21081.6. The monitoring program is required to ensure that the mitigation measures identified in the EIR to avoid or mitigate significant environmental effects of a project ............... are implemented. This MMP adopted on tte) fulfills this requirement of law. Applicability Any development or improvement application filed or deemed complete on or after the date of adoption for land in the Country Club at Gale Ranch project area shall be subject to this MMP. Each measure is intended to be applied to each development or improvement application which gives rise to the specific impact in question, so that each measure will be fully implemented when the triggering impact is present. Monitoring Agency The Community Development Department will act as the Monitoring Agency for this MMP. As the Monitoring Agency, it is responsible for ensuring full compliance with the provisions of this MMP. The Community Development Department may delegate duties or responsibilities for monitoring to other County designees or departments, such as the Zoning Administrator or Department of Public Works. Some monitoring responsibilities may be assumed by other responsible agencies. The Community Development Department may carry out its monitoring duties with the assistance of an outside consultant selected by the project applicant and approved by the County. The cost of any outside consultant will be borne by the applicant. The Community Development Department, however, will have primary responsibility for implementing this MMP, and shall independently review the work of the consultant, if an outside consultant is retained. Contra Costa County Mitigation Monitoring Program Cotmny Chub at Gale Ranch 1 December 1994 ...�:.!e.:eirA"KKtsiCeXvY_:r r.!t� rur-- — ..,....�...._......«.......v...�.....�...�...�........�......�...........,_..v..r.......e.e<.nurs�a._v.............. ... .... Format of the Mitigation Monitoring Program This MMP is structured to track each mitigation measure adopted by the Board of Supervisors in the CEQA Findings. Organization of this MMP is parallel to the organization of the CEQA Findings. First the MMP identifies the impact and the mitigation measures adopted by the Board. Each mitigation measure is numbered and referenced as it appears in the Final EIR and CEQA Findings. Second, the MMP identifies the "Implementing Party" as the party or agency that is responsible for (or will actively participate in) the implementation of the mitigation measure. The County, as the agency responsible for implementing the project, will serve as the implementing party for most measures. Its various departments will not always be specifically listed. Third, the MMP identifies the "Timing" in the development process for implementing the measure. Fourth, the MMP describes the "Monitoring Action" as the action or steps that will be taken to ensure that the mitigation measure is properly implemented. Fifth, the MMP identifies the "Standards for Success" for each measure that will provide an indication of when the measure has been successfully implemented and monitoring can be concluded. Sixth, the MMP provides space under the "Monitoring Record" heading at the bottom of the page (or on the back of the page) for use by the monitor(s) to record compliance with the MMP. Timing for Implementation of the Mitigation Measures The "Timing" identified for implementation of each mitigation measure is the last stage in the development process that the measure would generally be implemented. If a project or improvement requires further CEQA review, any information required by a mitigation measure shall be produced and analyses in the CEQA documentation, at the discretion of the Director of Community Development. Monitoring and Reporting Procedure Each mitigation measure may apply to one or more (but not necessarily all) project development phases. In phases where the applicability of a certain measure is not specifically indicated, implementation of the mitigation measure and its monitoring shall be conducted as determined by the Director of Community Development. A copy of this MMP shall be contained in every project file. If a measure is applicable as described in the conditions of approval, the Monitor shall identify (under the "Project Specific Requirements") what requirements or conditions of approval will comply with the measure. If a measure is not applicable to a specific phase this shall be noted on the MMP by the Monitor. Contra Costa Comity Mitigation Monitoring Program Comttty Club at Gale Ranch 2 December 1994 The Monitor shall verify and track all procedures required for each mitigation measure and ensure compliance with the timing for implementation specified in the MMP, making specific comments or notations in the space provided at the bottom of the page. All comments, notes, memoranda, studies or reports regarding mitigation monitoring shall be referenced and kept in the specific project files. Contra Costa County Mitigation Monitming Program Country Club at Gale Ranch 3 December 1994 Impact: Potential Incompatibility with Adjacent Residential Land Uses Mitigation Measure ■ 4.1: Provide interface buffer plan. The project proponent shall provide a plan that indicates how the development would apply buffer design features to minimize land use incompatibility in the area shown in Figure 4-2 (Jones & Stokes Associates 1994). This plan shall incorporate specific design features that would be provided to create a visual buffer in these areas including landscaping, fencing, grading, natural topographic features, building orientation, and other approaches to sensitive site planning of the affected land use interface. The plan shall provide for a visual screening using greenbelts of trees on slope areas between the- developments, as considered feasible and appropriate by the geotechnical engineer. This may require the project proponent to obtain slope easements. The Contra Costa County Community Development Department and the Contra Costa County Public Works Department, in their review of tentative subdivision maps, grading and engineering plans, and building permits, shall ensure that the above measure is made a condition of project approval, is incorporated into the project construction plans, and is implemented at each appropriate phase of the Project. The Community Development Department would be responsible for monitoring implementation of this mitigation measure at each more detailed stage of development from final development plans and tentative and final subdivision maps to grading and building permits. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, during landscape plan check, and prior to issuance of a building permit. Buffer plan shall be submitted to the County at least 30 days prior to filing the Final Map for the first phase of development. Monitoring Actions: The project proponent shall provide an interface buffer plan prior at commencement of the project design and review phases. Final map approval shall be conditioned upon satisfactory application of the interface buffer plan during preliminary design and review phases. The buffer plan shall be implemented during each appropriate phase of project construction. The Community Development Department shall ensure implementation of and compliance with the interface buffer plan. Contra Costa County Mitigation Monitoting Program Country Club at Gale Ranch 4 December 1994 .. .... _. .:::•:h .. ..2:.Cfc r :BGr:k,, -.r•.•...<..,.__.:.r.n._..Fc.<...�_..__...�«...�.,..__.J..a...........�._,.._.._......._........_......._.-....<-,_._.......... .. .<. _..... Standards for Success: Substantial reduction or elimination of land use incompatibilities. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes f Contra Costa County Mitigation Monitoring Program Cotmtty Club at Gale Ranch 5 December 1994 Impact: Degradation of Operations at the Camino Ramon/Crow Canyon Road Intersection Mitigation Measure ■ 6.1: Restripe the southbound approach to provide one exclusive right-turn lane, one through-lane, and one exclusive left-turn lane. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. Implementing Party: City of San Ramon. Timin : During all phases of project construction through project completion. Monitoring Actions: The City of San Ramon shall monitor the performance of the intersection of Camino Ramon/Crow Canyon Road every six months during the p.m. peak hour during all project construction phases. Monitoring shall confirm operation of the intersection at or worse than LOS E (V/C = 0.96). The City of San Ramon shall construct the westbound turn lane. The City of San Ramon shall monitor the intersection during the p.m. peak hour immediately following construction of the turn lane to confirm operation of the intersection at LOS D or better with V/C of 0.89 or less. Standards for Success: Operation of the intersection of Camino Ramon/Crow Canyon Road at or better than LOS D (V/C = 0.89) during the p.m. peak hour at project completion. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Continents/Notes Contra Costa County Mitigation Monitoring Progrant Country Club at Gale Ranch 6 December 1994 Impact: Degradation of Operations at the Camino Ramon/Bollinger Canyon Road Intersection Mitigation Measure ■ 6.2: Add one westbound exclusive right-turn lane. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affect jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. Implementing Party: City of San Ramon. Tuning: During all phases of project construction through project completion. Monitoring Actions: The City of San Ramon shall monitor the performance of the intersection of Camino Ramon/Bollinger Canyon Road every six months during the a.m. peak hour during all project construction phases. Monitoring shall confirm operation of the intersection at LOS D with V/C greater than 0.89. The City of San Ramon shall construct the westbound right-turn lane. The City of San Ramon shall monitor the intersection during the a.m. peak hour immediately following construction of the turn lane to confirm operation of the intersection at LOS D or better with V/C of 0.89 or less. Standards for Success: Operation of the intersection of Camino Ramon/Boll.inger Canyon Road at or better than LOS D (V/C = 0.89) during the a.m. peak hour at project completion. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Prograrn Countty Club at Gale Ranch 7 December 1994 Impact: Degradation of Operations at the Alcosta Boulevard/Bollinger. Canyon Road Intersection Mitigation Measure ■ 6.3: Add a third eastbound and westbound through lane. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. Implementing Party: City of San Ramon. Timing: During all phases of project construction through project completion. Timing of these improvements will be established by the County Public Works Departments in consultation with the City of San Ramon. Monitoring Actions: The City of San Ramon shall monitor the performance of the intersection of Alcosta Boulevard/Bollinger Canyon Road every six months during the p.in. peak hour during all project construction phases. Monitoring shall confirm operation of the intersection at LOS D with V/C greater than 0.89. The City of San Ramon shall construct improvements in consultation with the City of San Ramon. The City of San Ramon shall monitor the intersection during the p.m. peak hour immediately following construction of intersection improvements to confirm its operation at LOS D or better with V/C of 0.89 or less. Standards for Success: Operation of the intersection of Alcosta Boulevard/Bollinger Canyon Road at or better than LOS D (V/C = 0.89) during the p.m. peak hour at project completion. Contra Costa County Wigation Monitoring Program Counay Club at Gale Ranch 8 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 9 December 1994 Impact: Degradation of Operations at the Dougherty Road/Bollinger Canyon Road Inter- section Mitigation Measure ■ 6.4: Add one northbound through lane. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Community Development and Public Works Departments. Timing: Prior to issuance of the 500th building permit for the project, construct the improvements. Monitoring Actions: The County shall monitor the performance of the intersection of Dougherty Road/Bollinger Canyon Road every six months during the p.m. peak hour during all project construction phases. Monitoring shall confirm operation of the intersection at or worse than LOS E (V/C = 0.92). The County shall construct the improvements. The County shall monitor the intersection during the p.m. peak hour immediately following construction of the through lane to confirm operation of the intersection at LOS D or better with V/C of 0.89. Standards for Success: Operation of the intersection of Dougherty Road/Bollinger Canyon Road at or better than LOS D (V/C = 0.89) during the p.m. peak hour at project completion. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Continents/Notes Contra Costa County Mitigation Monitoring Program Comitty Club at Gale Ranch 10 December 1994 Impact: Degradation of Operations on the I-680 Northbound On-Ramp at Bollinger Canyon Road Mitigation Measure ■ 6.6: Widen the on-ramp to two lanes and add an auxiliary lane on I-680 between Bollinger Canyon Road and Crow Canyon Road. A northbound auxiliary lane between Bollinger Canyon and Crow Canyon interchanges would allow the two- lane northbound on-ramp traffic to merge with freeway traffic before the Crow Canyon off-ramp. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of Caltrans when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with Caltrans. Implementing Party: Caltrans and City of San Ramon. Timing: During all phases of project construction through project completion. Monitoring Actions: The City of San Ramon shall monitor the performance of the I-680 northbound on-ramp at Bollinger Canyon Road every six months during the p.m. peak hour during all project construction phases. Monitoring shall confirm operation of the intersection at LOS D with V/C greater than 0.89. Caltrans shall widen the on-ramp to two lanes and add an auxiliary lane. The City of San Ramon shall monitor the on-ramp during the p.m. peak hour immediately following improvements to confirm its operation at LOS D or better with V/C of 0.89 or less. Standards for Success: Operation of the I-680 northbound on-ramp at Bollinger Canyon Road at or better than LOS D (V/C = 0.89) during the p.m. peak hour at project completion. Contra Costa County Mitigation Monitoting Program Country Club at Gale Ranch 1 1 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Counuy Club at Gale Ranch 1 December 1994 Impact: Need for Traffic Signals at Offsite Intersections Mitigation Measure ■ 6.7: Install traffic signals. Install a traffic signal at the Alcosta Boulevard/Montevideo Drive intersection. This existing intersection would not require signalization unless the Project is constructed. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affect jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. Implementing Party: City of San Ramon. Timing: Prior to the issuance of the 1000th building permit. Monitoring_Actions: The City of San Ramon shall signalize the intersection of Alcosta Boulevard/Montevideo Drive. Standards for Success: Installation of a traffic signal at the intersection of Alcosta Boulevard/Montevideo Drive by 2000. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Continents/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 13 December 1994 Impact: Need for Traffic Signals at Offsite Intersections Mitigation Measure ■ 6.8: Participate in the installation of traffic signals. The Project shall contribute to the cost of installing traffic signals at the following offsite intersections based on its proportionate share of the additional traffic projected to use these intersections. -Dougherty Road at Old Ranch Road, -Tassajara Road at Fallon Extension, -Dougherty Road at Bollinger Canyon Road, -Dougherty Road at South Bollinger Canyon Road, -Bollinger Canyon Road north of East Branch Road, -Bollinger Canyon Road at East Branch Road, -Bollinger Canyon Road south of East Branch Road, -Bollinger Canyon Road at Windemere Parkway, and -Camino Tassajara at Windemere Parkway. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdictions when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the Success of this mitigation measure in consultation with the affected jurisdiction-s. Implementing Party: Community Development, Public Works Departments, and City of San Ramon. Timing: Prior to 2000. Monitoring Actions: The County or the City of San Ramon, if the signals are in the City of San Ramon, shall signalize the intersections listed under Mitigation Measure 6.8; intersections that are completed after 2000 shall be signalized within I year of their construction. Standards for Success: Traffic signals installed by 2000 at the intersections listed under Mitigation Measure 6.8. Traffic signals installed at remaining intersections (as listed above) that are completed after 2000 within I year of their completion. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 14 December 1994 - .... .. ..................._�::d�:cSe:d+=•sr fcct+c•u.er.=,_._....w:�uc-o-.,__:�_._ _.(.a.x.,,,. .. ,..... .. - Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Continents/Notes Contra Costa Comity Mitigation Monitoring Program Counny Club at Gale Ranch 15 December 1994 •....may:.�_.. .rr_r___...,.. _..,-.�.._...:. vs�3Ta'f+4F ....... .Z+a.t4'l.: r.-H.K�{Wr4 _.,w.r.e..a......_.s....... ..... ..,.... ....�.r...__.........- ,_... .. . Impact: Need for Traffic Signals at Several Project Access Intersections Mitigation Measures ■ 6.9: Install traffic signals. Install traffic signals at the intersection of Bollinger Canyon Road with Chanterella Drive and Bollinger Canyon Road with Gale Ridge Road. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Community Development and Public Works Departments. Timing: By project completion. Monitoring Actions: The County shall signalize the intersections of Bollinger Canyon Road/Chanterella Drive and Bollinger Canyon Road/Gale Ridge Road. (Mitigation Measure 6.13 shall be implemented concurrent with Mitigation Measure 6.9.) Standards for Success: Installation of traffic signals at the intersections of Bollinger Canyon Road/Chanterella Drive and Bollinger Canyon Road/Gale Ridge Road. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Wiganon Mohitoting Program Caunny Club at Gale Ranch 16 December 1994 Impact: Safety Hazard Associated with Short Reverse Curves Mitigation Measure ■ 6.10: Design roadways to provide appropriate design speeds and adequate sight distance. Perform grading and road realignment, if necessary, to provide for street designs with adequate sight distances for the appropriate design speeds, in accordance with Caltrans standards. Design landscaping without sight obstructions through curves, and provide sight distance easements where appropriate to prevent future structures and landscaping from obstructing sight distance. Sight distance shall be analyzed with consideration for vertical as well as horizontal alignment of the roadways. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Community Development and Public Works Departments. Timin : During improvement plan/grading plan check, during landscape plan check, prior to issuance of a building permit. Monitoring Actions: The County shall evaluate roadway design specifications for short reverse curves during all applicable project design and review phases. The County shall verify that roadway design specifications conform to Caltrans standards for short reverse curves. The County shall modify the design for any roadway sections that: do not conform to Caltrans standards. Standards for Success: Implementation of roadway sections that conform to Caltrans standards for short reverse curves. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Mnnitoting Program Countty Chub at Gate Ranch 17 December 1994 ..1.r..r.r..r.r:.L.:iLi...`f:::r.+.:r uU.✓..r...ru.... ..__...c.v.a...u_._...c+...n:._.._......._........___.__..__ , Impact: Need to Conform to the Parking Requirements of the Americans with Disabilities Act Mitigation Measure ■ 6.11: Provide the minimum number of accessible parking spaces for the golf course required by the Americans with Disabilities Act and State of California standards. The County shall condition the project proponent to contribute toward the implementation of this measure. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, and prior to issuance of a certificate of occupancy. Monitoring Actions: The project proponent shall plan to provide the minimum number of accessible parking spaces for the golf course at the Gale Ranch project site. During the improvement plan/grading plan check, the County shall verify that plans for accessible parking conform to State of California standards. Prior to issuance of a certificate of occupancy for the golf course and related facilities, the County shall conduct a site visit to verify availability of accessible parking. Standards for Success: Provision of the minimum number of accessible parking spaces that conform to State of California standards. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. .Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 18 December 1994 Impact: Increased Safety Hazard on Dougherty Road between South Contra Costa County Limits and Crow Canyon Road Mitigation Measure ■ 6.12: Reconstruct the unimproved portion of Dougherty Road to current design standards. Reconstruct the below standard portion of Dougherty Road to current design standards. Dougherty Road will receive resurfacing and minor realignment and pavement widening improvements acceptable to the County Public Works Department as a condition of approval for the Tentative Map. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Community Development and Public Works Departments. Timing: Safety improvements to Dougherty Road consisting of resurfacing, minor realignment and pavement widening within eighteen months after filing the first final map. Monitoring Actions: The County shall improve Dougherty Road with a surface treatment and safety improvements between the southern Gale Ranch property boundary and the San Ramon City limits to the north. Standards for Success: Improvements to Dougherty Road between the southern Gale Ranch property boundary and the San Ramon City limits to the north, in accordance with the Conditions of Approval. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 19 December 1994 Impact: Potential Safety Hazard for Bicyclists and Pedestrians Mitigation Measure ■ 6.13: Provide curb ramps at all intersections. Provide crosswalks at the proposed intersections of Bollinger Canyon Road with Chanterella Drive and Gale Ridge Road. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Community Development and Public Works Departments. Timing: By project completion. Monitoring Actions: The County shall provide crosswalks at the intersections of Bollinger Canyon Road/Chanterella Drive and Bollinger Canyon Road/Gale Ridge Road. (Mitigation Measure 6.9 shall be implemented concurrent with Mitigation Measure 6.13.) Standards for Success: Provision of crosswalks at the intersections of Bollinger Canyon Road/Chanterella Drive and Bollinger Canyon Road/Gale Ridge Road. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mirigation Monitoring Program Countty Club at Gale Ranch 20 December 1994 Impact: Lack of Connectivity between the Proposed Bike Lanes on Lilac Ridge Road and the Bicycle/Pedestrian Circulation System Mitigation Measure ■ 6.14: Provide an additional connection on the north side of the project site, linking the proposed bike lanes on Lilac Ridge Road to the proposed bike trail located east of the project site. Provide a separate bike path or striped bike lanes, on Shoreline Drive between Lilac Ridge Road and Crow Canyon Road to accommodate bicycle traffic to and from the elementary school north of the project site. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check. Monitoring Actions: The project proponent shall provide plans for a separate bike path or striped bike lanes along Shoreline Drive between Lilac Ridge Road and Crow Canyon Road. The County shall verify design specifications for the bikeway during the improvement plan/grading plan check. Standards for Success: Provision of a separate bike path or striped bike lanes along Shoreline Drive Between Lilac Ridge Road and Crow Canyon Road. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 21 December 1994 Cumulative Impact: Degradation of Operations at the Dougherty Road/Amador Valley Boulevard Intersection from LOS A to E Mitigation Measure ■ 6.15: Add an exclusive right-turn lane. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. Implementing Party: Community Development and Public Works Departments and affected jurisdiction. Timing: During all phases of project construction through project completion. Monitoring Actions: The County shall monitor the performance of the intersection of Dougherty Road/Amador Valley Boulevard every six months during the a.m. and p.m. peak hours during all project construction phases. Monitoring shall confirm operation of the intersection at LOS D with V/C greater than 0.89. The County shall construct an exclusive right-turn lane. The County shall monitor the intersection during the a.m. and p.m. peak hours immediately following construction of the turn lane to confirm operation of the intersection at LOS D or better with V/C of 0.89 or less. Standards for Success: Operation of the intersection of Dougherty Road/Amador Valley Boulevard at or better than LOS D (V/C = 0.89) during the a.m. and p.m. peak hours at project completion. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 22 December 1994 Cumulative Impact: Operation of the Dougherty Road/Bollinger Canyon Road Intersection at LOS F Mitigation Measure ■ 6.16: The cumulative roadway network shall be modified to incorporate new collector streets to supplement the operation of arterial streets in the Dougherty Valley area. These new collectors would include a connection of Dougherty Road to new developments north of Bollinger Canyon Road, provide a second access route to this development, and reduce volumes at the Dougherty Road/Bollinger Canyon Road intersection. These new collectors shall be developed to meet the County General Plan requirements and shall include a connection from Dougherty Road north of Bollinger Canyon Road to Bollinger Canyon Road east of Dougherty Road. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Community Development and Public Works Departments. Timing: During all phases of project construction through project completion. Monitoring Actions: The County shall monitor the performance of the intersection of Dougherty Road/Bollinger Canyon Road every six months during the a.m. and p.m. peak hours during all project construction phases. Monitoring shall confirm operation of the intersection at or worse than LOS E (V/C = 0.92) (see "Monitoring Actions" under Mitigation Measure 6.4). The County shall construct new collector streets in the Dougherty Valley area as specified under Mitigation Measure 6.16. The County shall monitor the intersection during the a.m. and p.m. peak hours immediately following construction of any collector streets to confirm operation of the intersection at LOS D or better with V/C of 0.89 or less. Standards for Success: Operation of the intersection of Dougherty Valley/Bollinger Canyon Road at or better than LOS D (V/C = 0.89) during the a.m. and p.m. peak hours at project completion. Contra Costa County hlliugation Monitoiing Program Counhy Club at Gale Ranch 23 December 1994 wc...avc.ue+ewa+.raeauasa.v.v..v_vn...v.✓vr.i...nn.r..vc+✓v.vw.v..ev...v, r......rn.>r+...>e.lW .....r...........uUr ...J.s...w........... ......._. _. .. _.._ _ Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County ;Mitigation Monitoring Program Cotmtty Club at Gale Ranch 24 December 1994 ' t-:rtHH. -__..aGs taut.+. ::-�;:cct+5or_.<'.c3:`iiv.i'✓:r.. ..,•.. I i Cumulative Impact: Operation of the Camino Tassajara/Windemere Parkway Intersection at LOS F i Mitigation Measure ■ 6.17: Provide a "free" eastbound right-turn lane with sufficient acceleration in the southbound direction and add one northbound left-turn lane. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public-Works Department would be responsible for implementing this measure when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Community Development and Public Works Departments Timing: During all phases of project construction through project completion. Monitoring Actions: The County shall monitor the performance of the intersection of Camino Tassajara/Windemere Parkway every six months during the a.m. and p.m. peak hours during ! all project construction phases. Monitoring shall confirm operation of the intersection at LOS D with V/C greater than 0.89. The County shall construct the eastbound right-turn lane and an additional northbound left-turn lane. The County shall monitor the intersection during the a.m. and p.m. peak hours immediately following roadway improvements to confirm operation of the intersection at LOS D or better with V/C of 0.89 or less. Standards for Success: Operation of the intersection of Camino Tassajara/Windemere Parkway at or better than LOS D (V/C = 0.89) during the a.m. and p.m. peak hours at project completion. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Continents/Notes Contra Costa County Alitigation Monitoring Program Country Club at Gale Ranch 25 December 1994 Cumulative Impact: Degradation of Operations at the Alcosta Boulevard/Bollinger Canyon Road Intersection from LOS A to F Mitigation Measure ■ 6.18: Add a third through-lane to the eastbound and westbound approaches. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring' the success of this mitigation measure in consultation with the affected jurisdiction. Implementing Party: City of San Ramon. Tuning: During all phases of project construction through project completion. Monitoring Actions: The City of San Ramon shall monitor the performance of the intersection of Alcosta Boulevard/Bollinger Canyon Road every six months during the a.m. and p.m. peak hours during all project construction phases. Monitoring shall confirm operation of the intersection at LOS D with V/C greater than 0.89. The City of San Ramon shall add the third through-lane to the eastbound and westbound approaches. The City of San Ramon shall monitor the intersection during the a.m. and p.m. peak hours immediately following construction of intersection improvements to confirm its operation at LOS D or better with V/C of 0.89 or less. Standards for Success: Operation of the intersection of Alcosta Boulevard/Bollinger Canyon Road at or better than LOS D (V/C = 0.89) during the a.m. and p.m. peak hours at project completion. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Mnnitcuing Program Country Club at Gale Ranch 26 December 1994 Cumulative Impact: Degradation of Operations on Bollinger Canyon Road between Alcosta Boulevard and Canyon Lakes Drive from LOS A to F Mitigation Measure ■ 6.19: Widen Bollinger Canyon Road to six lanes. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. Implementing Party: City of San Ramon. Tuning: During all phases of project construction through project completion. Monitoring Actions: The City of San Ramon shall monitor the performance of the Bollinger Canyon Road link between Alcosta Boulevard and Canyon Lakes Drive every six months during the a.m. and p.m. peak hours during all project construction phases. Monitoring shall confirm operation of the intersection at LOS D with V/C greater than 0.89. The City of San Ramon shall widen Bollinger Canyon Road to six lanes between Alcosta Boulevard and Canyon Lakes Drive. The City of San Ramon shall monitor the Bollinger Canyon Road link during the a.m. and p.m. peak hours immediately following improvements to confirm operation of the link at LOS D or better with V/C of 0.89 or less. Standards for Success: Operation of the Bollinger Canyon Road link between Alcosta Boulevard and Canyon Lakes Drive at or better than LOS D (V/C = 0.89) during the a.m. and p.m. peak hours at project completion. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 27 December 1994 .. r ..... �.G:<S�SC:.4.. . _./.✓.xi.tG1...._.v._rG'..rS/Jtr.:..: .'..3:'.'C.:.r. u..0✓�. _ ___s....__... .......�_....� ....:. _ Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Afitigaiion Monitoring Program Commty Club at Gale Ranch 28 December 1994 .. ....�. _..._......_..-.:+.`Ls')k3LS�:_i<Si':eSe{25itrG - e.e.e..;.u.<.._e.r...—_....._........._._...._�._.«......es_._..........._........ ..... ............._.. .. Cumulative Impact: Degradation of Operations on Bollinger Canyon Road between Alcosta Boulevard and Canyon Lakes Drive from LOS A to F Mitigation Measure ■ 6.20: Designate additional routes of regional significance. Pursuant to the procedures established by the Contra Costa Transportation Authority, designate as Routes of Regional Significance: Bollinger Canyon Road, between Alcosta Boulevard and Dougherty Road, and Dougherty Road, between the County line and Crow Canyon Road, and establish appropriate Traffic Service Objectives in lieu of the Measure C-1988 Level of Service Standards for Basic Routes. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. Implementing Party: Community Development and Public Works Departments. Timing: Prior to project completion. Monitoring Actions: The County shall initiate consideration of and facilitate designation of Bollinger Canyon Road, between Alcosta Boulevard and Dougherty Road, and Dougherty Road, between the County line and Crow Canyon Road, as Routes of Regional Significance, pursuant to the procedures established by the Contra Costa Transportation Authority. The County shall also ensure that appropriate Traffic Service Objectives in lieu of the Measure C-1988 Level of Service Standards for Basic Routes are established. Monitoring shall confirm that these designations have been initiated and completed. Standards for Success: Designation of Bollinger Canyon Road, between Alcosta Boulevard and Dougherty Road, and Dougherty Road, between the County line and Crow Canyon Road, as Routes of Regional Significance and establishment of appropriate Traffic Service Objectives in lieu of the Measure C-1988 Level of Service Standards for Basic Routes. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 29 December 1994 G Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature. Date Comments/Notes Contra Costa County Mitigation Monitwing Progrmn Country Club at Gale Ranch 30 December 1994 Cumulative Impact: Increased Safety Hazard at the Intersection of Bollinger Canyon Road and the I-680 Southbound Off-Ramp Mitigation Measure ■ 6.21: Review the timing pattern for the control of this intersection, and provide an "all-red" clearance for traffic on Bollinger Canyon Road if one is not already provided. Signal indications at San Ramon Valley Boulevard may be in conflict with the westbound approach. This situation may be mitigated by installing a "programmed visibility" head at San Ramon Valley Boulevard. An additional traffic signal indication shall be considered for the westbound approach to the southbound off-ramp. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. Implementing Party: City of San Ramon. Timing: During all phases of project construction through project completion. Monitor at yearly intervals and install the improvements as required prior to project completion. Monitoring_Actions: The City of San Ramon shall review the timing pattern and performance of the intersection of Bollinger Canyon Road and the I-680 Southbound Off-Ramp and consider additional traffic signal indication for the westbound approach to the southbound off-ramp. Standards for Success: Operation of the intersection of Bollinger Canyon Road and the I-680 Southbound Off-Ramp at existing or improved safety levels. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 31 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County pliti;ation Monitoring Prograrn Country Club at Gale Ranch 32 December 1994 Cumulative Impact: Increased Safety Hazard at the Intersection of Crow Canyon Road and Crow Canyon Place Mitigation Measure ■ 6.22: Implement improvements at the intersection of Crow Canyon Road and Crow Canyon Place. Review the timing patterns installed and increase the yellow or "all red" clearance interval for Crow Canyon Road traffic. Install Type 40 guide stripes (see Caltrans Traffic Manual Standards) (California Department of Transportation 1985) through the intersection for the eastbound and northbound dual left turn lanes. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this_ mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. Implementing Party: City of San Ramon. Timing: During all phases of project construction through project completion. Monitor at yearly intervals and install the improvements as required prior to project completion. Monitoring Actions: The City of San Ramon shall review the timing pattern and performance of the intersection of Crow Canyon Road and Crow Canyon Place and consider increasing the yellow time or "all red" clearance interval for Crow Canyon Road traffic as appropriate. Standards for Success: Operation of the intersection of Crow Canyon Road and Crow Canyon Place at existing or improved safety levels. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Cotuitty Club at Gale Ranch 33 December 1994 Cumulative Impact: Increased Safety Hazard at the Intersection of Alcosta Boulevard and Bollinger Canyon Road Mitigation Measure ■ 6.23: Install Type 40 guide stripes for northbound and southbound traffic. The guide stripes shall be installed with the recommended improvements in Mitigation Measure 6.18. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. Implementing Part : City of San Ramon. Timing: At implementation of Mitigation Measure 6.18. Monitorin Actions: The City of San Ramon shall ensure the installation of Type 40 guide stripes for northbound and southbound traffic with the recommended improvements in Mitigation Measure 6.18. Standards for Success: Operation of the intersection of the intersection of Alcosta Boulevard and Bollinger Canyon Road at existing or improved safety levels. Monitorin Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Continents/Notes Contra Costa County Mitigation Monitoting Program Countty Club at Gale Ranch 34 December 1994 Cumulative Impact: Increased Safety Hazard at the Intersection of Crow Canyon Road and Alcosta Boulevard Mitigation Measure ■ 6.24: Implement improvements to the intersection of Crow Canyon Road and Alcosta Boulevard. The left turn lane from Crow Canyon Road into Alcosta Boulevard shall be lengthened and Type 40 guide stripes installed for the northbound to westbound turn lanes. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: City of San Ramon. Timing: During all phases of project construction through project completion. Monitor at yearly intervals and install the improvements as required prior to project completion. Monitoring Actions: The City of San Ramon shall ensure the installation of Type 40 guide stripes for northbound and westbound left turn lanes. Standards for Success: Operation of the intersection of the.intersection of Crow Canyon Road and Alcosta Boulevard at existing or improved safety levels. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Continents/Notes Contra Costa County Alitigation Monitoring Program Country Club at Gale Ranch 35 December 1994 . ..... r.....r...,r,w.werr444r✓fete.d..r..�.......r..r..a..r.............._..«_.......,..r.r....__.....r.e..r..........._r.«....._._-_..�.._.r.._.. -_ Cumulative Impact: Increased Safety Hazard at the Intersection of Crow Canyon Road and Camino Ramon Mitigation Measure ■ 6.25: Implement improvements to the intersection of Crow Canyon Road and Camino Ramon. Type 40 guide stripes shall be installed through the intersection for the northbound to westbound left turn lanes. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. Implementing Party: City of San Ramon. Timing: During all phases of project construction through project completion. Monitor at yearly intervals and install the improvements as required prior to project completion. Monitoring Actions: The City of San Ramon shall ensure the installation of Type 40 guide stripes for northbound and westbound left turn lanes. Standards for Success: Operation of the intersection of the intersection of Crow Canyon Road and Camino Ramon at existing or improved safety levels. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation MonitoHng Program Countty Club at Gale Ranch 36 December 1994 Cumulative Impact: Degradation of LOS to Unacceptable Levels Affecting Various Facilities On Routes of Regional Significance. Mitigation Measure ■ 6.30: The County shall continue to participate with other local agencies in the multi jurisdictional transportation planning process for routes of regional significance pursuant to Measure C-1988 and adopt an action plan that addresses the traffic impacts of cumulative growth on regional routes. The action plan shall identify a consensus among local jurisdictions on feasible improvements to Camino Tassajara, Crow Canyon Road, Bollinger Canyon Road, and the I-680 interchanges at Bollinger Canyon Road, Crow Canyon Road, and Sycamore Valley Road. The action plan shall investigate projects and programs to enhance the capacity of routes of regional significance including intersection restriping and intersection widening, extending or upgrading parallel or bypass roadways. The action plan shall investigate enhanced transit service to reduce reliance on the automobile. The action plan shall investigate programs that reduce the percentage of commute trips made by driving alone. The action plan shall evaluate land use strategies and development review monitoring procedures that limit exceedances of roadway capacity from future growth. The action plan shall provide a financial program to collect revenues from new development to pay for regional transportation improvements. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdictions. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdictions. Contra Costa County Mitigation Monitoring Program Counny Club at Gale Ranch 37 December 1994 Implementing Party: Community Development and Public Works Departments. Tuning: Prior to project completion. Monitoring Actions: The County shall monitor its continued participation with other local agencies in the multi jurisdictional transportation Planning process for routes of regional significance pursuant to Measure C-1988 and shall facilitate preparation of an action plan that addresses the traffic impacts of cumulative growth on regional routes. Monitoring shall confirm that these initiatives have been initiated and completed. Standards for -Success: Adoption of an action plan that addresses the traffic -impacts of cumulative growth on regional routes. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monnoting Program Country Club at Gale Ranch 38 December 1994 Cumulative Impact: Degradation of LOS to Unacceptable Levels Affecting Various Facilities On Routes of Regional Significance. Mitigation Measure ■ 6.31: Participate in the regional transportation mitigation program. The County shall require the project proponent to participate in the regional transportation mitigation program as determined through the Measure C-1988 multi jurisdictional planning process to ensure each project proponent is paying its share of the costs associated with the project. The amount of any regional transportation fee or assessment shall be calculated by using the rate in effect at the time of issuance of a building permit or certificate of occupancy for this project, or as otherwise determined by the agency with legal authority to set such fees. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdictions. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdictions. Implementing Party: Community Development and Public Works Departments. Timing: Prior to project completion. Monitoring Actions: The County shall ensure that the project proponent participates in the regional transportation mitigation program by paying a fair share of the costs associated with the project. Monitoring shall confirm that these payments have been determined, that the project proponent has made the assigned payments, that the regional transportation mitigation program is being implemented, and that LOS on various facilities on routes of regional significance are improved. Standards for Success: Payment of assigned costs, implementation of the regional transportation mitigation program, and improved LOS on various facilities on routes of regional significance, as specified in the Final EIR. Contra Costa County A4itigation Monitoring Program Counay Club at Gale Ranch 39 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 40 December 1994 Cumulative Impact: Degradation of LOS to Unacceptable Levels Affecting Various Facilities On Routes of Regional Significance. Mitigation Measure ■ 6.32: Adopt a Tri-Valley Transportation Plan. In conjunction with the Measure C-1988 action plan requirements, the County shall continue to participate with other local agencies in the multi jurisdictional planning process sponsored by the Tri-Valley Transportation Council and adopt a Tri-Valley Transportation Plan that addresses the traffic impacts of cumulative growth on regional facilities in the Tri-Valley area, including Dougherty Road and I-580 in Alameda County. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdictions. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdictions. Implementing Party: Community Development and Public Works Departments. Timing: Prior to project completion. Monitoring Actions: The County shall monitor its participation with other local agencies in the multi-jurisdictional planning process sponsored by the Tri-Valley Transportation Council and shall facilitate adoption of a Tri-Valley Transportation Plan. Monitoring shall confirm that this plan has been adopted. Standards for Success: Adoption of a Tri-Valley Transportation Plan that addresses the traffic impacts of cumulative growth on regional facilities in the Tri-Valley area, including Dougherty Road and I-580 in Alameda County Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 41 December 1994 j?. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Counny Club at Gale Ranch 42 December 1994 Cumulative Impact: Degradation of LOS to Unacceptable Levels Affecting Various Facilities On Routes of Regional Significance. Mitigation Measure ■ 6.33: The project proponent shall reserve right-of-way along Bollinger Canyon Road through the Project for the exclusive use of transit. vehicles. To avoid precluding implementation of alternative transportation corridors that may be recommended from multi jurisdictional transportation planning efforts, the following policy and text shall be incorporated into the County General Plan: Accommodate opportunities in the San Ramon Valley to establish or extend transit corridors, collectors or arterial roadways, such as Hacienda Drive into Contra Costa County, to relieve future travel demand on the existing arterial system. The County shall condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure shall be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Community Development and Public Works Departments. Timing: During all phases of project construction through project completion. Monitoring Actions: The County shall ensure that the project proponent reserve right-of-way along Bollinger Canyon Road through the Project for the exclusive use of transit vehicles. The County shall also ensure that the policy and text specified in Mitigation Measure 6.33 is incorporated into the County General Plan. Monitoring shall confirm the right-of-way is reserved and that the general plan policy is adopted. Standards for Success: Reservation of right-of way and adoption of the general plan policy text. Contra Costa County Mitigation Monitoring Program County Club at Gale Ranch 43 December 1994 r, Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 44 December 1994 Cumulative Impact: Degradation of LOS to Unacceptable Levels Affecting Various Facilities On Routes of Regional Significance. Mitigation Measure ■ 6.34: The project proponent shall construct a park-and-ride lot to promote ridesharing by project residents. The County shall condition the project proponent to contribute toward the implementation of this measure. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Community Development and Public Works Departments. Timing: During improvement plan/grading plan check and during all phases of project construction through project completion. Monitoring Actions: The County shall ensure that the project proponent develops a park-and- ride lot. Standards for Success: Provision of a park-and-ride lot. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Counny Chub at Gale Ranch 45 December 1994 Impact: Increased Emission of PM10 Dust Mitigation Measures ■ 7.1: Sprinkle water on exposed soil on the construction site to prevent airborne dust from leaving the site. The project proponent shall use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site, and increase watering frequency whenever winds exceed 15 mph. Because of the importance of water conservation, only recycled water shall be used for compaction and dust-control purposes if an adequate supply of reclaimed water is available onsite or reasonably close to the project site. ■ 7.2: Spray dirt stockpile areas daily. The project proponent shall spray all dirt stockpile areas daily as needed. ■ 7.3: Implement permanent dust-control measures. The project proponent shall implement permanent dust-control measures identified in the approved project revegetation and landscape plans as soon as possible following completion of any soil-disturbing activities. ■ 7.4: Plant native grass in areas of exposed soil that will be reworked more than 1 month after initial grading. Exposed ground areas that are planned to be reworked more than 1 month after initial grading shall be sown with a fast- germinating native grass seed and watered until vegetation is established. ■ 7.5: Stabilize areas of disturbed soil not subject to revegetation. The project proponent shall stabilize all disturbed soil areas not subject to revegetation, using approved chemical soil binders, jute netting, or other methods approved in advance by the BAAQMD. ■ 7.6: Restrict construction vehicle speeds to 25 mph or less on unpaved surfaces. The construction vehicle speeds shall not exceed 25 mph on any unpaved surface at the construction site. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, during landscape plan check, and during all project construction phases. Monitoring Actions: Prior to beginning project construction, the project proponent shall submit a plan to the Community Development Department that outlines measures (described under Mitigation Measures 7.1 through 7.6) to control fugitive dust and emissions of ozone precursors during project construction. (Measures to control emissions of ozone precursors during construction are described under the next impact; one plan will include measures for controlling Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 46 December 1994 dust and ozone precursor emissions.) The plan must be approved by the Community Development Department before construction begins. The emissions plan will reference the approved project revegetation and landscape plans and the erosion control plan for further detail. The Community Development Department shall be notified a minimum of 10 working days before construction activities begin for each construction phase; Community Development Department personnel shall be allowed access to constriction sites to monitor dust suppression activities of construction contractors. These stipulations shall be included in contracts with construction contractors. Standards for Success: Successful implementation of a plan to control fugitive dust and emissions of ozone precursors during project construction. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Cotn tty Club at Gale Ranch 47 December 1994 Impact: Generation of Construction-Related Ozone Precursor Emissions Mitigation Measures ■ 7.7: Use electric-powered equipment. The project proponent shall utilize electric- powered equipment where practical. ■ 7.8:Maintain and operate equipment according to manufacturers'specifications. The project proponent shall maintain and operate equipment according to manufacturers' specifications, except as required by mitigation measure 7.9. ■ 7.9: Implement engine timing retard. The project proponent shall implement engine timing retard (4 degrees) for diesel-powered equipment or as recommended by manufacturers. ■ 7.10: Install catalytic converters. The project proponent shall install catalytic converters on gasoline-powered equipment where required by law. ■ 7.11: Use gasoline-powered equipment. The project proponent shall substitute gasoline-powered for diesel-powered equipment where feasible. ► 7.12: Shut off idling equipment. The project proponents shall reduce construction equipment emissions by shutting.off equipment that would otherwise idle for more than 15 minutes. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, during landscape plan check, and during all project construction phases. Contra Costa County Mitigation AlonitoHng Program Countty Club at Gale Ranch 48 December 1994 Monitoring Actions: Prior to beginning project construction, the project proponent shall submit a plan to the Community Development Department that outlines measures (described under Mitigation Measures 7.7 through 7.12)to control fugitive dust and emissions of ozone precursors during project construction. (Measures to control fugitive dust during construction are described under the previous impact; one plan will include measures for controlling dust and ozone precursor emissions.) The plan must be approved by the Community Development Department before construction begins. The Community Development Department shall be notified a minimum of 10 working days before construction activities begin for each construction phase; Community Development Department personnel shall be allowed access to construction sites to monitor the equipment maintenance procedures of construction contractors. These stipulations shall be included in contracts with construction contractors. Standards for Success: Successful implementation of a plan to control fugitive dust and emissions of ozone precursors during project construction. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes i Contra Costa County Mitigation Monitming Program Cotuttty Club at Gale Ranch 49 December 1994 - L..:;.•.. .. _..._:...,w...�..-nu:e.t.e.«.c::..ru:,.wa.uzr�:<su,.cr:---•....,.....�..---._�_._.____ . Impact: Increase of Ozone Precursor Emissions (from motor vehicles and household stationary sources) Mitigation Measure ■ 7.13: Implement intersection mitigation measures. The project proponent shall implement the intersection mitigation measures detailed in Chapter 6, "Traffic and Circulation". Implementing Party: Project Proponent. Timin : Prior to project completion. Monitoring Actions: The Community Development Department shall monitor the implementation success of intersection mitigation measures (Mitigation Measures 6.1-6.4 and 6.7-6.9) to ensure improved that improved operations are achieved. Standards for Success: Successful implementation Mitigation Measures 6.1-6.4 and 6.7-6.9 to improve traffic circulation at intersections within the project study area. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 50 December 1994 Impact: Increase of Ozone Precursor Emissions (from motor vehicles and household stationary sources) Mitigation Measure ■ 7.14: Implement transportation control measures. The transportation control measures listed below are consistent with the proposed guidance in TCM 16 of the BAAQMD 1991 CAP. These measures shall be implemented by the project proponent or other appropriate provider. Commute Travel 1. Vans/carpools. The Project will provide preferential areas for carpools and vanpool pickup and parking. A community bulletin board will be available for carpool and vanpool notices. 2. Bus service. The Project will provide convenient access to public transportation with bus turnouts, passenger benches, and shelters. Retail outlets will sell transit tickets, including discount transit tickets. 3. BART connection. Feeder buses to BART are planned in cooperation with local transit authorities. The nearest planned BART station is 5 miles from the Proj ect. 4. Employment. The Project will provide residences near major employment centers in the area. It is expected that a number of residents will work near the Project. This will allow residents to choose among a variety of methods to commute to work, obviating or minimizing the use of private motorized transport. The Project has been designed to provide affordable housing to workers employed nearby. 5. Bike paths. The Project includes an extensive network of bike paths linking the Project to bicycle commuting routes. Bike trails will encourage biking for recreation and utility travel (commuting and shopping). 6. Pedestrian walkways. The Project includes an extensive network of pedestrian pathways, both on street and off street, to encourage nonautomobile modes of transport. Contra Costa County Mitigation Monitoring Program Countty Club at Gale Ranch 51 December 1994 7. Higher density residential development. The Project includes higher density residential development within walking distance of transit corridors. This will allow a large number of residents to choose to walk to bus stops. Noncommute Travel 1. Recreation. The Project will include recreation facilities, such as open space for hiking and parks, within walking and biking distance of residential units. Implementing Party: Project proponent. Timing: Ongoing requirements. Monitoring Actions: Implementation of vanpools/carpools, bus service, and connections to BART shall be accomplished as follows: o Prior to filing the final map for the first phase of project development, the project proponent shall designate areas for carpool and vanpool pickup and parking. During improvement plan/grading plan check, the Community Development Department shall verify designation of portions of the church and/or golf course parking lots for use by carpools and vanpools (see also Mitigation Measure 13.11). The plans shall also include a community bulletin board for carpool and vanpool notices that will be located in the vicinity of the carpool/vanpool area. I o Concurrent with development of the carpool/vanpool park-and-ride lot, the Community Development Department shall verify plans to provide two bus turnouts along each side of Bollinger Canyon Road, as described in Chapter 13, "Energy Conservation", of the Gale Ranch Draft EIR (Jones & Stokes Associates 1994). (See also Mitigation Measure 13.8 for further detail.) Design plans for the bus turnouts shall include specifications for passenger benches and shelters, and bicycle racks. o Prior to issuance of certificates of occupancy for the first phase of project development, the Community Development Department shall verify that the carpool/vanpool park-and ride-lot, and the bus turnouts along Bollinger Canyon Road are complete and operational. The Community Development Department shall also arrange for the extension of bus service to the new area, and for retail sales of transit tickets. Contra Costa County Mitigation Monitoring Program Cotaitry Club at Gale Ranch 52 December 1994 o As occupancy increases at the Gale Ranch development, the Community Development Department shall consult with the bus service provider to ensure that bus service is increased to meet the demand. o The Community Development Department and the project proponent shall plan for implementation of feeder bus service along Bollinger Canyon Road to the planned East Dublin/Pleasanton BART station when 50% of the homes at the Gale Ranch development are occupied (608 units). If the BART station is not completed at 50% occupancy of homes, feeder bus service to BART shall be implemented as soon as the new station is built and operational. During the improvement plan/grading plan check, the Community Development Department shall verify inclusion of higher density residential development within walking distance of bus stops. Standards for Success: Successful implementation of identified transportation control measures and consequent reduction in projected ozone precursor emissions. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Miuigauion Monitoring Program Country Club at Gale Ranch 53 December 1994 • ;%:�{t{%;,:ir^.::�::i:r'_. wCu�SC:C:.':<:C.['f..kS+'Si:nVSd!JwTL '.a,evwrrwvuam...ruv..�vae.r�.a�.r...r.+i.w.-r_.w...w... .. .._. Impact: Increase of Ozone Precursor Emissions ■ 7.15: Modify traffic signal timing. The County shall modify signal timing to improve arterial traffic movement. Implementing Party: Community Development and Public Works Departments. Timin : Prior to project completion. Monitoring Actions: The Public Works Department shall monitor intersections within the project study area during a.m. and p.m. peak hours and identify those intersections where modified signal timing would improve traffic circulation. The Public Works Department shall implement modified signal timing at appropriate intersections. Standards for Success: Modification of signal timing to improve traffic circulation at intersections within the project study area. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Progrmn Country Club at Gale Ranch 54 December 1994 Impact: Exposure of Onsite and Offsite Land Uses to Construction Noise Mitigation Measure ■ 8.1: Employ noise-reducing construction practices. The project proponent shall employ noise-reducing construction practices to reduce the exposure of onsite and offsite land uses to construction noise by incorporating the following measures into contract specifications before the County's issuance of grading permits: - All equipment shall have sound-control devices no less effective than those provided on the original equipment. No equipment shall have an unmuffled exhaust. - As specified in the CCCGP noise element, construction activities shall be concentrated during hours that are not noise-sensitive for adjacent land uses and shall be commissioned to occur during normal work hours to provide relative quiet during the more sensitive evening and early morning hours. The County, with input from San Ramon, shall set the hours of heavy equipment operation when considering tentative map approval. - As directed by the Contra Costa County Community Development Department, the contractor shall implement appropriate additional noise mitigation measures, including, but not limited to, changing the location of stationary construction equipment, shutting off idling equipment, rescheduling construction activities, notifying adjacent residents in advance of construction work, or installing acoustic barriers around stationary construction noise sources. Implementing Party: Project proponent. Timing: Prior to final map recordation, during improvement plan/grading plan check, and during all project construction phases. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 55 December 1994 Monitoring Actions: The project proponent and the Community Development Department shall set the hours of heavy equipment operation prior to final map recordation. Stipulations outlined under Mitigation Measure 8.1 shall be incorporated into contract specifications before issuance of grading permits. County personnel shall periodically access construction sites during all project construction phases to verify compliance with noise-reduction practices. If complaints regarding construction-related noise are received from adjacent residents, the county shall apply all available measures to reduce noise levels. Standards for Success: Compliance with county criteria for construction activities and substantial reduction in construction-related noise. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Continents/Notes ti Contra Costa County Miligation Monitoring Program Country Club at Gale Ranch 56 December 1994 Impact: Exposure of Residents to Noise from Golf Course Maintenance Activities Mitigation Measure ■ 8.2: Provide disclosure statement to future home buyers. The proponent shall prepare a specific disclosure statement to future buyers of homes located adjacent to the golf course, informing them of the potential for intermittent early morning noise impacts. Implementing Party: Project proponent. Timing: Prior to the initial sale of homes and during all phases of project development when home sales are occurring. Monitoring Actions: The project proponent shall submit a copy of the separate golf course noise disclosure statement to the Community Development Department prior to the initial sale of homes. The project proponent shall provide the separate disclosure statement to home buyers who are considering purchase of homes located adjacent to the golf course. Standards for Success: Notification of potential home buyers that they can expect golf course maintenance noise during early morning and/or late evening hours. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Comttty Club at Gale Ranch 57 December 1994 .......... Impact: Exposure of New Residential Land Uses Adjacent to Bollinger Canyon Road to Traffic Noise Levels in Excess of Contra Costa County Standards Mitigation Measure ■ 8.3: Construct soundwalls between Bollinger Canyon Road and noise-sensitive land uses and include noise-reducing measures in building construction. The project proponent shall retain a qualified acoustical engineer to evaluate the site- specific traffic noise conditions at residential land uses and the church site adjacent to Bollinger Canyon Road, taking into account shielding from local topography. Where traffic noise conditions on residential lots and on the church site exceed an Ld. of 60 dB, the engineer shall determine the optimum height and location of soundwalls to reduce traffic noise. After approval of the soundwall noise attenuation design by the County in conjunction with San Ramon, the proponent shall then construct the soundwalls as specified. Where soundwalls will not reduce traffic noise below 60 dB-Ldn, such as areas where the soundwall would not block the line of sight between the roadway and two-story dwellings or where walls are impractical or undesirable, acoustical treatments identified by the engineer shall be incorporated into the design and construction of affected dwellings and noise-sensitive buildings so that projected interior noise levels are less than 45 Db-Ld,,. Standard residential building construction with windows closed will typically provide a reduction of at least 20 dB of exterior noise. Where additional noise reduction is required to achieve an interior noise levels of 45 dB-Ldn or less, the following features shall be incorporated into the project design to reduce interior noise levels: ■ minimize the extent of windows, glass sliding doors, vents, and other openings in building shell walls that face roads or railways; ■ orient garages and activity rooms so they will shield bedrooms and other noise-sensitive areas of dwellings from exterior noise sources; ■ install extra wall and ceiling insulation, additional wallboard material, and acoustical caulking when a substantial improvement in building shell Sound transmission loss can be achieved; ■ use acoustically rated glazing for windows and sliding doors; and Contra Costa County Mitigation Monitoring Program Countty Club at Gale Ranch 58 December 1994 ■ install airtight seals between window or door frames and exterior walls. The State Noise Insulation Standards require that an acoustical analysis be prepared under the supervision of a person experienced in the field of acoustical engineering. The report must provide the following: ■ information proving that the structure has been designed to limit intruding noise levels to a CNEL of 45 Db, ■ information on the topographical relationship of noise sources and the structure site, ■ identification of noise sources and their characteristics, ■ predicted noise spectra at the exterior of the proposed structure considering present and future land uses, ■ basis for the prediction (measured or obtained from published data), ■ noise attenuation measures to be applied, and ■ analysis.of the noise insulation effectiveness of the proposed construction showing that the prescribed interior noise-level requirements are met. Before approval of final subdivision maps, the project proponent shall provide a detailed acoustical analysis report describing how the interior noise-level standard will be achieved for residential areas adjacent to Bollinger Canyon Road. Implementing Party: Project proponent. Timing: Prior to final map recordation, during improvement plan/grading plan check, and during all phases of project construction. Monitoring Actions: Prior to final map recordation, the project proponent shall retain a qualified acoustical engineer to evaluate the site-specific traffic noise conditions as specified under Mitigation Measure 8.3. The consulting engineer shall prepare an acoustical analysis/plan. The project proponent shall submit the plan to the county for approval before construction begins. The county shall conduct one site visit during each project construction phase to verify implementation of the recommended noise reduction measures. Contra Costa County Miri�eation Monitoring Program Country Club at Gale Ranch 59 December 1994 Standards for Success: Compliance with all applicable county and state noise standards. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Continents/Notes I Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 60 December 1994 Impact: Need for Treatment and Conveyance of Approximately 1,244,000 Gallons per Day of Potable Water to the Project Site Mitigation Measure ■ 9.1: Install an onsite water distribution system approved by EBMUD and pay connection fees to finance offsite improvements. The County shall condition Project approval on installation of an onsite water distribution system approved by EBMUD. The engineering design of this water system shall be approved by EBMUD as a condition of final development plan approval and shall be installed before issuance of occupancy permits. The County shall also condition Project approval on payment of connection fees to EBMUD to finance construction of needed facilities and provide water service to the site. The Contra Costa Community Development Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Project proponent. Timing: Prior to final map recordation and during improvement plan/grading plan check. Monitoring Actions: Prior to final map recordation, the project proponent and the Community Development Department shall consult with EBMUD to determine engineering design specifications for an onsite water distribution system. The Community Development Department shall contact EBMUD to verify that the project proponent has satisfied the requirements outlined under Mitigation Measure 9.1. Standards for Success: Compliance with EBMUD requirements for conveyance of a potable water supply to the project site. _Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Alitigation A9onitoting Program Countty Chub at Gale Ranch 61 December 1994 Impact: Need for Treatment and Conveyance of Approximately 1,244,000 Gallons per Day of Potable Water to the Project Site Mitigation Measure ■ 9.2: Require water-efficient landscaping irrigation. The County shall require landscaping for which the County has regulatory responsibility to be irrigated with drip systems or water-efficient sprinkler systems, which shall be implemented as part of, or immediately following construction by project phase, and shall be: - calibrated to deliver only the amount of water necessary to sustain the irrigated species, - timed to operate in the early morning, and - designed and adjusted to avoidsprayover onto adjacent barren surfaces (such as sprinkler sprayover from median strip irrigation onto adjacent asphalt). The project proponent shall install a sleeving system capable of allowing distribution of reclaimed water to the golf course, public parks and landscaped areas and (private) common area landscape in accordance with the project improvement plans. Also, onsite irrigation systems for the above mentioned facilities shall be plumbed separately of other waste systems. This will allow reclaimed water to be provided to the Project if reclaimed water service to the project site is developed.' This measure is consistent with CCCGP Goal 7-H and Policy 7-26. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Project proponent and the Contra Costa County Community Development Department. Timing: During improvement plan/grading plan check and during all project construction phases. Monitoring Actions: The Community Development Department shall ensure that water-efficient sprinkler systems and drip systems are incorporated in landscaping plans for areas where the county has regulatory responsibility. The project proponent shall include specifications for a sleeving system(s) in its landscape plans. The county shall verify implementation of a sleeving system(s) according to specifications during the landscape plan check and during one site visit for each project construction phase. Contra Costa County Mitigation Alonitming Program Country Club at Gale Ranch 62 December 1994 Standards for Success: Installation of water-efficient sprinkler and drip systems at all landscaped areas for which the county has regulatory responsibility. Installation of a sleeving system to distribute reclaimed water when a supply becomes available. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 63 December 1994 Cumulative Impact: Need for Water Supply to Serve Buildout of the East Bay Municipal Utility District Service Area. Mitigation Measure ■ 9.3: Require demonstration of adequate water supply. In accordance with General Plan policies, the County shall require the proponents of development projects within EBMUD's service area to demonstrate at the project approval stage that EBMUD can provide adequate water to serve the project. Implementing Party: Community Development Department. Timing: Ongoing requirements. Monitorin Actions: The Community Development Department shall verify with EBMUD that adequate water is available to serve proposed development projects within EBMUD's service area before approving tentative subdivision maps and other preliminary development plans. Standards for Success: Confirmation by EBMUD that EBMUD is capable of providing adequate water for any proposed development project within its service area in Contra Costa County. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 64 December-1994 Cumulative Impact: Need for Water Supply to Serve Buildout of the East. Bay Municipal Utility District Service Area. Mitigation Measure ■ 9.4: EBMUD shall carry out the Water Supply Management Plan alternative adopted by its board. The WSMP alternative was designed to ensure the EBMUD will have water supplies sufficient to meet water demands within its service district projected for 2020. In the event EBMUD does not or cannot implement one or more of the components of its preferred alternative for addressing the projected increase in water demand, EBMUD shall pursue the other options available to it for meeting future water demand, as described in the EIR to its WSMP. The County and EBMUD shall also encourage project proponents outside the EBMUD service area to pursue water supplies from sources other than EBMUD in order to alleviate the impacts on EBMUD's water sources and to diversify and enlarge the water supply sources for the region. Implementing Party: Community Development Department. Timin : At yearly intervals prior to project completion. Monitoring Actions: The Community Development Department shall provide a staff memorandum to the Board of Supervisors that reports on EBMUD's progress in implementing one or more of the components of its preferred alternative for addressing the projected increase in water demand, and other options available to it for meeting future water demand, as described in the EIR to its WSMP. The memorandum shall also report on steps taken by the County or EBMUD to encourage project proponents outside the EBMUD service area to pursue water supplies from sources other than EBMUD in order to alleviate the impacts on EBMUD's water sources and to diversify and enlarge the water supply sources for the region.in be forthcoming in providing information to EBMUD specific to county water supply needs and issues to encourage development of the 2020 Water Supply Management Plan. Standards for Success: Improved interagency cooperation between the County and EBMUD regarding water supply planning for the EBMUD service area. Corura Costa County Mitigation Monitoting Program Counny Club at Gale Ranch 65 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Continents/Notes Contra Costa County ,Mitigation Monnoting Program Cotmny Club at Gale Ranch 66 December 1994 Impact: Temporary Construction Impacts from Installation of Offsite Wastewater Trunk Line Mitigation Measure ■ 9.6: Implement Mitigation Measures 7.1-7.6, 8.1, 10.8, and 11.22. These mitigation measures are described in the above referenced chapters. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, and during construction of the wastewater trunk line. Monitoring Actions: The project proponent shall apply the mitigation measures listed under Mitigation Measure 9.6 for air quality, noise, geology and soils, and visual quality to construction activities for the wastewater trunk line. The Community Development Department shall verify compliance with applicable mitigation measures during construction of the trunk line. Standards for Success: Compliance with applicable mitigation measures during construction of the wastewater trunk line. Monitoring_Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Counuy Club at Gale Ranch 67 December 1994 Cumulative Impact: Need for Conveyance and Treatment of Wastewater to Serve Buildout of the Central San Service Area Mitigation Measure ■ 9.7: Continue to implement CCCGP wastewater management policies and programs. The County shall continue to implement CCCGP Policy 7-33 to require new development to demonstrate wastewater treatment capacity and Implementation measure 7-t to conditionally approve all tentative subdivision maps and other preliminary development plans on verification of adequate wastewater treatment capacity for future projects within Central San service area. The Contra Costa Community Development Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Community Development Department. Timing: Ongoing requirements. Monitoring Actions: The Community Development Department shall verify with Central San that adequate wastewater treatment capacity is available to serve proposed development projects within Central San's service area before approving tentative subdivision maps and other preliminary development plans for each project. Standards for Success: Confirmation by Central San that Central San is capable of providing adequate wastewater treatment capacity for any proposed development project within its service area in Contra Costa County. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mit{dation Monitoring Program Countty Club at Gale Ranch 68 December 1994 Impact: Need for Law Enforcement Service Mitigation Measure ■ 9.8: Establish a supplemental law enforcement service funding mechanism to provide the equivalent of 3.3 officers. The County shall condition approval of the Project on establishment of a supplemental funding mechanism to augment existing funding and ensure that the Project receives adequate law enforcement services. The project proponent and the County shall identify and implement a funding mechanism that could include formation of a project-specific police service district, formation of a CSA, annexation to the countywide P-6 police service district, or other financing mechanism necessary to deploy the equivalent of 3.3 officers (at project buildout) and all associated training and capital equipment costs to provide traffic- and non- traffic-related law enforcement service to the project site. If feasible, a project- specific police service district shall be formed which would assume traffic related services from the CHP. The County shall provide approximately three to five law enforcement officers trained in traffic-related law enforcement and one vehicle equipped with radar. Three officers would be sufficient to provide a daytime patrol during the workweek, including holidays, and five officers could provide 24-hour patrol, 7 days per week (Snell pers. comm.). The exact number of officers to be employed by the district shall be determined by the district officers and future district residents. However, enough deputies shall be employed during project phasing to ensure that the response time standard (contained in CCCGP Policy 7-59) and the departmental standard of one patrol officer per 1,000 population are continually met. Officers shall be hired and deployed on traffic patrol as soon as sufficient funds exist to acquire and maintain the vehicle and employ one officer. The initial traffic officer's work hours shall be set to coincide with peak traffic hours when most traffic violations occur. Hours of patrol shall be expanded as soon as funds are available to hire the additional officers needed to cover those hours. If a CSA is formed or if the Project is annexed to the countywide P-6 police district and traffic enforcement continues to be provided by the CHP, the County shall provide additional funding mechanisms to ensure that law enforcement staffing levels and response standards are maintained. The Contra Costa County Community Development Department and CCCSD would be responsible for monitoring the success of this mitigation measure. Implementing Party: Project proponent and the Community Development Department. Tuning: Prior to filing the first Final Map the project proponent shall establish the funding mechanism. Monitoring shall occur prior to issuance of certificates of occupancy for all phases of project development. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 69 December 1994 .oaK243152SCY(SQL.6LdSLi,4✓.n4u`tr[S.SC[;t.rstt...;..�.vxv_.v-ru.......»......,........_....._.............................r_r......,r._........ ....._..... ...;..r.n._ .n.................,........,.......................... .. ..... Monitoring Actions: The project proponent and the Community Development Department shall identify a supplemental funding mechanism to provide the equivalent of 3.3 officers for law enforcement services at the project site by project completion. The Community Development Department shall implement funding and coordinate with CCCSD to provide adequate law enforcement services at the project site prior to issuance of certificates of occupancy for the initial phase of project development. The Community Development Department shall coordinate with CCCSD to verify that approximately three to five law enforcement officers to serve the project have been provided prior to issuance of certificates of occupancy for the final phase of project development. Standards for Success: Provision of the equivalent of 3.3 officers for law enforcement services at the project site by project completion. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 70 December 1994 Impact: Need for Law Enforcement Service Mitigation Measure ■ 9.9: Integrate defensible space features. The County shall require the project proponent to integrate defensible space features recommended by CCCSD into the project design. These features shall include: - landscaping parks, open spaces, and trails to allow observation from roadways and adjacent residences; - designing trail fencing to provide maximum visibility from surrounding roadways; - designing and spacing light standards in parks and along trails to provide continuous twilight-level intensity night lighting; and - designing vandalism-resistant features, such as unbreakable lenses, into light standards (Snell pers. comm.). The Contra Costa County Community Development Department, in conjunction with CCCSD, would be responsible for reviewing landscaping plans and monitoring the success of this mitigation measure. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, during landscape plan check, and prior to issuance of a building permit. Monitoring Actions: The project proponent shall consult with CCCSD and the Community Development Department to obtain recommendations for defensible space features that shall be included in all project design and review phases. The Community Development Department shall verify the adequacy of these design features during the improvement plan/grading plan check, during the landscape plan check, and prior to issuance of a building permit for each project construction phase. The Community Development Department shall conduct one site visit with CCCSD during each project construction phase to verify implementation of defensible space features. Standards for Success: Implementation of defensible space features in project design. Contra Costa County Alirigavon Moniroiing Program Country Club at Gale Ranch 71 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Coiuments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 72 December 1994 Cumulative Impact: Need for Substation Space Mitigation Measure ■ 9.10: Establish a substation funding mechanism. The County shall condition approval of the Project and future projects in the Valley Substation service area on a fair-share contribution toward provision of additional substation space. The contribution may be authorized under an assessment district, establishment of a CSA, or other appropriate method. The contribution shall be adequate to fully fund development of additional substation space at a ratio of 155 square feet per 1,000 population to implement CCCGP Policy 7-57. The Project's fair-share contribution would be based on the cost to provide approximately 516 square feet of substation space (155 square feet multiplied by 3.332; based on a project population of 3,332). The funds obtained from the Project shall be combined with funds from assessments of other future projects in the substation service area and held on account until sufficient funds are available to feasibly construct the required substation space. Implementing Party: Community Development Department. Timin : Ongoing requirements. Monitoring Actions: The Community Development Department shall require proponents of all development projects within the Valley Substation service area to contribute a fair-share amount toward development of additional substation space before approving tentative subdivision maps and other preliminary development plans for each project. The Community Development Department shall meet annually with CCCSD to review progress toward establishment of additional substation space. . Standards for Success: Continual provision of substation space at a ratio of 155 square feet per 1,000 population within the Valley Substation service area. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Counuy Club at Gale Ranch 73 December 1994 .-:.�.:.;ri:';,.:•;..:•.-..r.ovrrGG..s+.:l:::<:rc.rSc:c::rirCiL4lcrcc.c- ..e_. _.. ......... .. .... .. . Impact: Need for Fire Protection Service from Dougherty Regional Fire Authority Mitigation Measure ■ 9.11: Ensure adequate fire protection service. If fire protection service is to be provided by DRFA (rather than SRVFPD), the County shall condition approval of the Project on the provision of adequate fire protection service. To ensure that the 5-minute response time standard of CCCGP Policy 7-63 is met, the County shall require the project proponent to locate a temporary fire station on the project site to serve project development. A residence on the project site could be used as a fire station (Swanson pers. comm.). During the first phase of project construction, the station shall be equipped with one structural fire engine and a crew of three full-time firefighters (Swanson pers. comm.). Additional equipment and staffing shall be provided as needed during future phases of the Project to ensure that the 5-minute response time standard is met. Secondary impacts associated with this mitigation measure include occasional engine and siren noise from departing fire trucks and visual impacts associated with exposed fire trucks and equipment, including any hose drying towers that may be located in the yard. These secondary impacts are not expected to be significant. The temporary fire station and equipment shall be financed by a county service area or other appropriate funding mechanism. The Contra Costa County Community Development Department and DRFA would be responsible for ensuring the success of this mitigation measure. Implementing Party: Community Development Department. Timing: Prior to final map recordation and at least 18 months prior to issuance of certificates of occupancy for all project construction phases. Monitoring Actions: Prior to final map recordation, the Community Development Department shall plan for the provision of fire protection to ensure a 5-minute response time. Prior to issuance of certificates of occupancy for all project construction phases, the Community Development Department shall implement facilities and/or mechanisms to ensure a 5-minute response time for all Gale Ranch residents. Standards for Success: Provision of fire protection service to all project residents within a 5- minute response time. Contra Costa County Mitigation Monimring Program Country Club at Gale Ranch 74 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signedoff and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Miti,ation Moniroring Program Country Club at Gale Ranch 75 December 1994 1 Impact: Exposure of People and Property to Wildland Fire Hazards Mitigation Measure ■ 9.12: Implement and maintain wildland fire protection measures. The County shall condition approval of all building permits on the implementation and proper maintenance of wildland fire protection measures. These measures shall meet with the approval of the fire protection district responsible for the project site (either SRVFPD or DRFA), but may include any or all of the following measures: - continue grazing leases on the undeveloped portions of the project site for as long as feasible to reduce fuel volume of annual grasslands; - construct and maintain irrigated fire buffers 25-50 feet wide in wildland/urban interface areas to be designated on all final subdivision maps. - include in project conditions, covenants, and restrictions (CC&R's) a provision to require homeowners in interface areas to maintain their private property to eliminate flammable materials and keep yard areas in a debris-free and fire-safe condition; and - construct and maintain emergency vehicle access to open space areas in accordance with fire protection standards. The Contra Costa County Community Development Department and the responsible fire district (i.e., SRVFPD or DRFA) would be responsible for reviewing plans and for monitoring the success of this mitigation measure. Implementing Party: Community Development Department. Timing: Prior to final map recordation and during improvement plan/grading plan check. Ongoing requirements. Monitoring Actions: Prior to final map recordation, the Community Development Department shall ensure that the project proponent incorporates wildland fire hazard control measures into each development phase. During improvement plan/grading plan check, the Community Development Department shall identify for irrigated fire buffers and emergency vehicle access to open space areas. The Community Development Department shall verify with the responsible fire district the adequacy of wildland fire hazard control measures implemented during all applicable project design and review phases. Following the final constriction phase, the Community Development Department and/or the responsible fire district shall conduct one site visit at the beginning of each fire season to monitor conformance by homeowners with wildland fire hazard reduction measures. Standards for Success: Maintenance of measures to reduce wildland fire hazards. Contra Costa County Mitigation MonilorinS Program Country Club at Gale Ranch 76 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County ;dirigation Monitoting Program Cotattty Club at Gale Ranch 77 December 1994 Cumulative Impact: Need for Additional Fire Protection Service to Serve Buildout of the Service Areas of San Ramon Valley Fire Protection District or Any Other Fire Service Provider Mitigation Measure ■ 9.13: Ensure that fire protection service meets performance standards. The County shall condition approval of new development on the fire protection agency meeting the 5-minute response time standard of CCCGP Policy 7-63 (running and set-up time) for 90% of calls in central business district, urban, and suburban areas. If new equipment must be purchased or a new fire station must be established to meet this standard, new development shall be required to supply supplemental funding necessary to purchase the equipment or to construct an adequately equipped temporary or permanent fire station. Mechanisms available to generate this funding include a county service area or other appropriate funding mechanism. The equipment or station to be funded by the developer shall meet with the approval of the responsible fire agency. The Contra Costa County Community Development Department and county fire agencies are responsible for ensuring the success of this mitigation measure. Implementing Party: Community Development Department. Timing: Ongoing requirements. Monitoring Actions: The Community Development Department shall assess the adequacy of fire protection services prior to approving tentative subdivision maps and other preliminary development plans for all future development projects. The Community Development Department shall require project proponents of future development projects to contribute toward the purchase of equipment or facilities as required to ensure a 5-minute response time within SRVFPD. The Community Development Department shall meet annually with SRVFPD to review the adequacy of existing fire protection services. Standards for Success: Provision of fire protection service within SRVFPD to ensure a 5- minute response time. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch. 78 December 1994 ... ....,<,:....._ -.,.:.ty iitei ti�.nt.r.�:�.ax'tG - ,�....,.�...�....._...,.....n...,.,.,........_.._oc............. ...... . ... . .... .... .. ... .. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Miti,ation Monitoting Program Countty Club at Gale Ranch 79 December 1994 Cumulative Impact: Need for Additional Fire Protection Service to Serve Buildout of the San Ramon Valley Fire Protection District Service Area Mitigation Measure ■ 9.14: Install sprinkler systems. The County shall condition approval of new development on the installation of sprinkler systems where required by local ordinance, the Uniform Fire Code or the State Fire Marshall to ensure that fire response is adequate. The Contra Costa County Community Development Department and county fire agencies are responsible for ensuring the success of this mitigation measure. Implementing Party: Community Development Department. Timing: Ongoing requirements. Monitoring Actions: The county and/or the local fire agency shall conduct one site visit for each development project within SRVFPD prior to issuance of building permits to ensure installation of sprinkler systems where required by the Uniform Fire Code or the State Fire Marshall. Standards for Success: Conformance with standards established by the Uniform Fire Code and the State Fire Marshall for installation of sprinkler systems. Monitorin Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Alifigarinn Monitoring Program Country Club at Gale Ranch 80 December 1994 Cumulative Impact: Need for Additional Fire Protection Service to Serve Buildout of the San Ramon Valley Fire Protection District Service Area Mitigation Measure ■ 9.15: Prepare and implement a fire management program. The County shall condition approval of new development in urban/wildland interface areas on preparation and implementation of a fire management program that meets with the approval of the responsible county fire agency. The fire management program shall describe measures to be implemented that would reduce the incidence of wildland fires and potential for wildland fire damage. Measures to be described in the plan include controlled burning, fuel removal, establishment of fire roads, fuel breaks, and water supply. The Contra Costa Community Development Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Community Development Department. Timing: Ongoing requirements. Monitoring Actions: The county shall implement and maintain a wildland fire hazard control plan as described under Mitigation Measure 9.15. The plan shall be applied to future proposed development projects within SRVFPD during all applicable project design and review stages. The Community Development Department shall meet annually with SRVFPD to review the adequacy of the program to control wildland fire hazards. Standards for Success: Maintenance of a wildland fire hazard control plan. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County mirigarion Monitoring Program Country Club at Gate Ranch 81 December 1994 Impact: Need for Additional School Facilities to Accommodate 292 Elementary School, 138 Middle School, and 231 High School Students Mitigation Measure ■ 9.16: Pursue funding for construction of an additional elementary school. SRVUSD has applied for and shall receive Priority One status for construction of the planned Tassajara Valley elementary school, which would have a 660-student capacity and is expected to accommodate elementary school students in the eastern part of the district. If funding is not secured from a bond issue, SRVUSD and Shapell Industries shall pursue other state, local, or private sector funding for construction of the proposed Tassajara Valley school. Implementing Party: Project proponent. Timing: Ongoing requirements. Monitoring Actions: The Community Development Department shall maintain contact, including facilitating annual meetings (as described under Mitigation Measure 9.19), with the project proponent and SRVUSD to monitor and confirm efforts to provide adequate elementary school facilities. Standards for Success: Provision of adequate elementary school facilities within the eastern section of SRVUSD. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mili,ation Monitoring Progn•am Country Chub at Gale Ranch 82 December 1994 Impact: Need for Additional School Facilities to Accommodate 292 Elementary School, 138 Middle School, and 231 High School Students Mitigation Measure (Implementation of Mitigation Measures 9.17 and 9.18 could substitute for Mitigation Measure 9.16 if the latter measure cannot be implemented.) ■ 9.17: Pursue annexation of a school site into the service districts of water and wastewater service providers and identify other potential school sites. The project proponent, the County, and/or other interested local agencies shall propose and support annexation of a school site adjacent to the Project into the service districts of water and wastewater service provider. Additionally, the project proponent and the School District shall cooperate in identifying other sites in the area that might serve as suitable locations for an elementary school, in furtherance of the SRVUSD/Shapell Industries agreement for the provision of additional school facilities. Implementing Party: Project proponent. Tuning: Ongoing requirements. Monitoring Actions: The Community Development Department shall maintain contact, including facilitating annual meetings (as described under Mitigation Measure 9.19), with the project proponent and SRVUSD to monitor and confirm efforts to provide adequate elementary school facilities. Standards for Success: Provision of adequate elementary school facilities within the eastern section of SRVUSD. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 83 December 1994 ...::_-. .tsry:^.r 4xfi4<s,,+...,-...ri+sstk: - .:..�.....e.........................,....r:...c.w_.,.r�.nc.ca2u3..wv �,rr..:.t cu[>n.`,c,..c....c.rsc�...c....z......ir,.r.....r..r_............. .. .. ... .. Impact: Need for Additional School Facilities to Accommodate 292 Elementary School, 138 Middle School, and 231 High School Students Mitigation Measure (Implementation of Mitigation Measures 9.17 and 9.18 could substitute for Mitigation Measure 9.16 if the latter measure cannot be implemented.) ■ 9.18: Provide funding for temporary facilities if student generation exceeds the actual capacity of the SRVUSD. The Community Development Department shall require that the project proponents establish an acceptable funding mechanism and plan for providing temporary modular buildings, until new facilities can be constructed, for any offsite elementary school(s) affected by students generated by the Project if SRVUSD is unable to accommodate additional students anywhere in the district. Implementing Party: Project proponent. Timing: Ongoing requirements. Monitoring Actions: The Community Development Department shall maintain contact, including facilitating annual meetings (as described under Mitigation Measure 9.19), with the project proponent and SRVUSD to monitor and confirm efforts. to provide adequate elementary school facilities. Standards for Success: Provision of adequate elementary school facilities within the eastern section of SRVUSD. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County A4ingalion Monitoring Program Counny Club at Gale Ranch 84 December 1994 Impact: Need for Additional School Facilities to Accommodate 292 Elementary School, 138 Middle School, and 231 High School Students Mitigation Measure ■ 9.19: Require annual review of student generation and facilities capacity. During project construction, the Community Development Department, the project proponent, and the SRVUSD shall meet annually to review and monitor the number of students being generated by the project, the progress of schools under construction, and the number of building permits issued, in order to determine the necessity for the implementation of any or all of Mitigation Measures 9.16, 9.17, and 9.18. A. Identification of school site by Shapell to the San Ramon Valley Unified School District shall occur upon issuance of the 1,350th building permit issued for the Gale Ranch Projects (West Branch and Country Club at Gale Ranch). The school site shall be selected in consultation with the San Ramon Valley Unified School District, and with approval by the SRVSD and the State Department of Education. B. Construction of the elementary school shall commence upon issuance of the 1400th building permit (Phase I). Commencement of construction shall be defined as the preparation of the foundations for the school buildings. Thereafter, construction shall be continuous, and the school be completed within eighteen months from the commencement of construction. C. An elementary school to house 300 students shall be completed and delivered fully operational to the San Ramon Valley Unified School District prior to or upon issuance of the 1,570th building permit. The elementary school shall include all core facilities, such as multi-purpose room, ball fields, playing fields, parking, administrative offices, computer and science labs, special education resource rooms, and a library. The core facilities shall be constructed to provide services to 650 children which is the ultimate student population of this facility, once fully completed (Phase I completed). Provision of the school by Shapell does not include provision of furniture, equipment, school supplies or books at Shapell's expense. D. Upon issuance of the 1,749th building permit, construction shall commence on the additional classrooms to house a total of 650 children (Phase Il). Thereafter, construction shall be continuous and the additional classrooms shall be completed within eighteen months. Contra Costa County Mitigation Monitoiing Program Country Club at Gale Ranch 85 December 1994 E. Completion of Phase II prior to or in issuance of the 1,884th building permit, or upon generation of the 433rd child in the Gale Ranch Projects, whichever occurs first. In the event that additional construction in the Dougherty Valley commences during this period, and the thresholds applicable in the 1992 agreement are met first (i.e., generation of the 433rd student in the Dougherty Valley area, which excludes West Branch), then the 1992 agreement shall apply. F. The design, layout, specifications, site preparation and construction inspection shall be performed by an architect selected by the School District and approved by Shapell, who will be paid by Shapell. Shapell's approval or disapproval of each architect proposed by the District in writing shall be exercised within 30 days of the submittal. The quality of the elementary school will not exceed the State School Building Standards as defined by the Leroy Greene Act and will not exceed the 30% State Required Relocatable Teaching Stations. G. The San Ramon Valley School District will provide to Shapell necessary information regarding student generation rates in the affected area within ninety (90) days of any written request to do so. The School District will cooperate with Shapell conducting environmental review of the site selection and proposed construction projects, and in obtaining all necessary approvals and permits for the construction of the elementary school. H. Bi-annual meetings will occur between the School District and Shapell to evaluate the number of building permits issued and the actual student generation rates so to verify the phasing schedule for possible adjustment to a later phasing schedule. Any adjustment shall be at the sole discretion of the School District. Annual meetings will occur with the Contra Costa County Community Development Department, Shapell and the School District. I. If commencement of construction and completion of the elementary school do not occur as described above, upon the request of the School District, the County shall not issue further building permits until the scheduled events occur. Implementing Party: Project proponent. Timing: Ongoing requirements. Monitoring Actions: The Community Development Department shall maintain contact, including facilitating annual meetings, with the project proponent and SRVUSD to monitor and confirm efforts to provide adequate elementary and junior high school facilities. Standards for Success: Provision of adequate elementary and junior high school facilities within the eastern section of SRVUSD. Contra Costa County Alitigcnion Monitoring Program Country Club at Gale Ranch 86 December 1994 M nitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Alingellion Monitoring Program Comitty Club at Gale Ranch 87 December 1994 Cumulative Impact: Need for Additional School Facilities to Accommodate Students Added to the District as a Result of Future Development Mitigation Measure ■ 9.20: Continue to implement CCCGP policies and programs to support schools. The County shall continue to implement CCCGP Policy 7-144 to support provision of quality schools by coordinating development review for future development with SRVUSD, including such activities as designating school sites, obtaining dedications of school sites, and supporting local fees, special taxes, and bond issues intended for school construction within SRVUSD. The Contra Costa County Community Development Department in consultation with SRVUSD is responsible for ensuring the success of this mitigation measure. Implementing Party: Community Development Department. Timing: Ongoing requirements. Monitoring Actions: The county shall continue to implement CCCGP Policy 7-144. The county shall meet with SRVUSD annually to ensure ongoing compliance with the policy. Standards for Success: Compliance with CCCGP Policy 7-144. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Afiti,ation Monitoring Program Country Club at Gale Ranch 88 December 1994 ;:r�:.�y...a"n._... .,C[s. .. . . . .. .a•.,... ...._ate__. .... ..........._.,. .. ...... ...._.,.. ._.. _. Impact: Need for Childcare Facilities Mitigation Measure ■ 9-21: Ensure that childcare facilities are provided. The project proponent shall ensure that childcare facilities are provided to serve the Project according to the County's childcare ordinance as a condition of project approval. This could include identifying capacity at existing childcare centers or dedicating and ensuring the construction of additional facilities. Childcare facilities shall be located on school sites or transit routes and within 0.25 mile of the schools that the children housed at that facility attend and according to general plan Policies 7-151, 7-152, and 7-155. The Contra Costa Community Development Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Project proponent. Timing: Prior to final map recordation and prior to issuance of certificates of occupancy for all phases of project development. Monitoring Actions: Prior to final map recordation, the project proponent shall estimate the need for additional childcare facilities for preschool- and middle-school-age children. Prior to issuance of certificates of occupancy, the project proponent shall ensure establishment of adequate childcare facilities to serve the new development; the Community Development Department shall verify the adequacy of childcare facilities. The project proponent shall provide interested homeowners with listings of childcare facilities, including facilities that serve grades K-6, within the vicinity of the project. Standards for Success: Provision of adequate childcare facilities. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigaiio i Monitoring Program Countty Club at Gale Ranch 89 December 1994 Impact: Need for Additional Parkland Mitigation Measure ■ 9-22: Develop parks and pay in lieu fees for additional parkland. The County shall condition approval of the Project on development and dedication of the onsite parks to meet county standards and shall require the project proponent to pay park dedication in lieu fees as specified by county ordinance for those dwelling units not mitigated by the provision of 7.4 acres of onsite parkland. The in lieu fees shall be held in a separate account to fund future park facilities on land dedicated by the project proponent. Alternatively, the project proponent may purchase or build facilities offsite equal in value to the expected fee contribution. The County shall establish a mechanism to collect and apply these fees as appropriate to meet CCCGP Growth Management Element, Public Facilities/Services Element, and Open Space Element policies. A county service area may be an appropriate vehicle to hold and distribute the fees. If the Project is annexed to San Ramon, the same optional mitigation measures would apply. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measure. Implementing Party: Project proponent. Timin : Prior to final map recordation, and during all applicable project design and review phases through project completion. Monitoring Actions: Prior to final map recordation, the project proponent shall plan to provide at least 10 acres of onsite community parks. The Community Development Department shall verify the adequacy of parkland plans during each project development phase through project completion. The Community Development Department shall implement all available mechanisms to ensure compliance with county policies concerning provision of adequate parkland to serve the Gale Ranch population of approximately 3,332 residents. Standards for Success: Provision of at least 10 acres of parkland within or near the Gale Ranch project. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 90 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County AMigation Monitoring Program Country Club at Gale Ranch 91 December 1994 n�csc�Ksf%�rws<,'..sc��is%s+.i--��,:;esrsur:�a�zr..�«,��..•.�. :,,:, �,,,...., <.< _ _ f Impact: Substantial Alteration of Existing Topography Mitigation Measure ■ 10.1: Prepare final grading plan to reduce cuts and fills, and employ landform grading techniques. Project proponent shall direct preparation of a final 40-scale grading plan that includes reduced depth and amount of excavation and fill and the employment of landform grading techniques wherever feasible and where such reduction will not result in an increase in geologic and soil-related hazards such as landsliding. The final 40-scale grading plan shall be based on geotechnical criteria provided by the geotechnical engineer for the Project (ENGEO 1992). Additionally, the 40-scale grading plan shall be used to implement Mitigation Measure 11.1, described in Chapter 11 of this EIR (Jones & Stokes Associates 1994). This mitigation measure employs appropriate landform grading techniques to emulate natural landforms. The final 40-scale grading plan shall be reviewed and approved by Contra Costa County Community Development Department, the Contra Costa County Public Works Department, and the county geologist before issuance of a grading permit by county staff. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, and during all project construction phases. Monitoring Actions: The Community Development and Public Works Departments shall verify the adequacy of the final 40-scale grading plan prior to issuance of grading permits for all project construction phases. The Community Development and Public Works Departments shall verify implementation of the final 40-scale grading plan during all project construction phases. Standards for Success: Implementation of the final 40-scale grading plan during all project construction phases. Contra Costa County AMigation Monitoting Program Country Chub at Gale Ranch 92 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes i Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 93 December 1994 Impact: Potential Structural Damage and Possible Personal Injury Resulting from Ground Shaking During a Seismic Event Mitigation Measure ■ 10.2: Provide earthquake insurance information. The project proponent shall provide to all project property owners at the time of their property purchases information that discloses the ground shaking intensity predicted for the project area, and brochures about earthquake preparedness and household hazard reduction and the need for and purpose of earthquake insurance. This information shall be accompanied by a statement that recommends that the property owner consider purchasing earthquake insurance and that includes an affidavit acknowledging that the property owner understands the information and is assuming responsibility for the decision to purchase or not to purchase earthquake insurance. Compliance would be verified through the Department of Real Estate in the Final Public Report. Implementing Party: Project proponent. Timin : Prior to initial sale of homes and during all phases of project development when home sales are occurring. Monitoring Actions: The project proponent shall provide brochures, a statement on earthquake insurance, and other information (described under Mitigation Measure 10.2) to homeowners as part of the homes sales disclosure documentation. The Department of Real Estate shall verify compliance in the Final Public Report. Standards for Success: Provision of all relevant earthquake information to homeowners at the time of home purchase. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Counuv Club at Gale Ranch 94 December 1994 Impact: Potential Structural Damage and Possible Personal Injury Resulting from Ground Shaking During a Seismic Event Mitigation Measure ■ 10.3: Monitor earthquake fault location. The location and nature of the Sherburne Hills Fault shall be investigated by an engineering geologist making field observations during the course of project grading and excavation. Based on the results of this investigation, the project proponent shall alter the location and design of structures that may be on or near the fault, if such alteration is determined to be prudent in the judgment of the engineering geologist and geotechnical engineer. This measure is especially pertinent to grading associated with the proposed school sites near the Sherburne Hills Fault northeast of the project site boundary. The results of the investigation shall be reviewed and approved by the Contra Costa County Community Development Department, the Contra Costa County Public Works Department, and the county geologist prior to issuance of building permits. The above measure shall be made a condition of project approval, incorporated into the project construction plans, and implemented at each appropriate phase of the Project. Implementing Party: Project proponent. Timin : Prior to final map recordation, during improvement plan/grading plan check, prior to issuance of a building permit, and during all project construction phases. Monitoring Actions: Prior to issuance of a building permit, the Community Development Department shall verify that a qualified engineering geologist has investigated the Sherburne Hills Fault during all relevant project design and review phases. Alterations in the location and design of structures shall be included in all relevant project plans and specifications. The Community Development Department and the engineering geologist shall verify that the project proponent has incorporated the study results as required to alter the location and design of structures during all project construc6011 phases. Standards for Success: Incorporation of recommendations from the Sherburne Hills Fault examination into project design and construction. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 95 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 96 December 1994 S-N"...••.{•ili?iLtY•5>sr„,•:rvititrn:.crsras.ocwoc..-.*..cc.raw�u,..c.c.rx..r. _ussc._.._.r..rx�t'._.2iv. , .,....."rix....1t ....- r,ru..,r,....,... ...,. Impact: Structural Damage and Possible Personal Injury Resulting from Slope Instability and Earth Movement. Mitigation Measure ■ 10.4: Avoid landslide and colluvium areas. The project proponent shall ensure that the final grading plan avoids development on existing and active landslides, areas of thick colluvium, and zones where debris flows end, except where those conditions have been repaired and stabilized consistent with Mitigation Measure 10.5. Debris flows located in designated open space, park, or golf course areas shall be repaired if determined to be prudent in the judgment of the engineering geologist and geotechnical engineer, or these areas shall be avoided and posted to limit public access to protect public safety. Implementing Party: Project proponent. Timin : Prior to final map recordation, during improvement plan/grading plan check, prior to issuance of a building permit, and during all project construction phases. Monitoring Actions: Prior to issuance of a building permit, the Community Development Department, the engineering geologist, and the geotechnical engineer shall verify the absence of development in landslide and colluvium areas. The Community Development Department and the engineering geologist shall verify that development is not occurring on landslide and colluvium areas during all project construction phases. Furthermore, the Community Development Department shall verify that debris flow areas are adequately posted during project construction. Standards for Success: Avoidance of development in landslide and colluvium areas during all project construction phases. Provision of adequate posting in debris flow areas during all project construction phases. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 97 December 1994 Impact: Structural Damage and Possible Personal Injury Resulting from Slope Instability and Earth Movement Mitigation Measure ■ 10.5: Stabilize landslide and colluvium. areas. The project proponent shall ensure preparation of a final grading plan that would result in stabilizing landslide and COIIUViLli-n areas. The following recommendations of the geotechnical exploration report shall be implemented: - Excavate unconsolidated and unstable earth material and colluvium subject to a landslide hazard down to bedrock and replace with compacted and engineered fill. - Excavate keyways into firm and stable material and then backfill with compacted material. Appropriately engineered buttresses and retaining walls, debris benches, catchment and deflection structures, and Surface, subsurface, and keyway drainage facilities shall be constructed, where necessary, according to the specifications in the geotechnical report (ENGEO 1992). - Set back all permanent structures from the base of uphill slopes a distance equivalent to one-half the vertical slope height or a maximum of 15 feet. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, prior to issuance of a building permit, and during all project construction phases. Monitoring Actions: During the improvement plan/grading plan check, the Community Development Department, the engineering geologist, and the geotechnical engineer shall verify that recommendations for stabilizing landslide and colluvium areas are incorporated into all relevant project plans and specifications. The COM1111.1nity Development Department and the engineering geologist shall verify the appropriate maintenance of landslide and C011LIViUm areas during all project construction phases. Standards for Success: Consistent and appropriate application of the geotechnical report regarding stabilizing landslide and COBUViLlm areas during all project construction phases. Contra Costa CountA Mitigation Moifitoting Program Country Club tit Gate Ranch 98 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes i Contra Costa County Mitigcaion Monilming Program Cofmtty Club at Gate Ranch 99 December 1994 Impact: Structural Damage Resulting from Placement of Development. Structures on Expansive and Compressible Soils Mitigation Measure ■ 10.6: Stabilize expansive soils. The project proponent shall direct preparation of a final grading plan that would ensure stabilization of expansive and compressible soils. The following recommendations of the geotechnical exploration report shall be implemented. One or more of these methods shall be applied at the discretion of a geotechnical engineer: - Install piers below the zone of moisture fluctuation and a grade beam foundation or a rigid mat foundation as appropriate, according to the design criteria contained in the geotechnical report (ENGEO 1992). - Use appropriate guidelines for slab-on-grade construction for secondary slabs, as established in the geotechnical report (ENGEO 1992). - Maintain moisture content of exposed soil by sprinkling for several days before foundation construction. - Maintain special requirements for the compaction of expansive soils within the Lipper 5 feet in building areas to reduce the swell potential to acceptable values. Use the specifications contained in the geotechnical report (ENGEO 1992). - Chemically stabilize the expansive clay material under roadways or large building areas with lime. (Implementation of this measure is limited by the high lime content in the naturally occurring soil profiles.) - Restrict postconstruction moisture content of soil material under or near structures by a combination of grading for proper drainage away from structures, installation of closed stormwater drains, construction of foundation subsurface drains and underfloor drains, allowance for crawl space ventilation, and emplacement of impermeable barriers. Apply techniques as appropriate, according to the specifications in the geotechnical report (ENGEO 1992). - Require evaluation of xeriscaping in landscape design and maintenance to minimize increases in soil moisture caused by landscape irrigation. If deter- mined to be effective for these purposes, require or strongly encourage xeri- scaping, where feasible. Contra Costa County Alitigation Monitoring Program Country Club at Gale Ranch 100 December 1994 i The Contra Costa County Community Development Department, the Contra Costa County Public Works Department, and the county geologist, in their review of final grading and engineering plans and building permits, shall ensure that above measure is made a condition of project approval, is incorporated into the project construction plans, and is implemented at each appropriate phase of the Project. Phasing and slope maintenance will be in accordance with the financing plan. Implementing Party: Project proponent. Timing: Prior to final map recordation, during improvement plan/grading plan check, during landscape plan check, prior to issuance of a building permit, and during all project construction phases. Monitoring Actions: Prior to issuance of a building permit, the Community Development Department, the engineering geologist, and the geotechnical engineer shall verify that recommendations for stabilizing expansive and compressible soils are incorporated into all relevant project plans and specifications. The Community Development Department and the engineering geologist shall verify compliance with recommendations for stabilizing expansive soils during all project construction phases. + Standards for Success: Consistent and appropriate application of the geotechnical report regarding stabilizing expansive and compressible soils during all project construction phases. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County ttlhigation Monitoring Program Cournny Club at Gale Ranch 101 December 1994 Impact: Structural Damage Resulting from Expansion, Lateral Deformation, and Settle- ment of Fill Material Mitigation Measure ■ 10.7: Control fill material and placement. The project proponent shall prepare a final grading plan that ensures control of fill material and placement. The following recommendations of the geotechnical exploration report shall be implemented where necessary, as alternative methods to reduce this impact: - Fill materials shall be placed at a depth recommended by the geologic engineer, based on the expansion potential of the specific material being handled. - Compact fill material to the minimum standards recommended in the geo- technical report (ENGEO 1992). - Reduce settlement potential by entirely removing alluvial and colluvial soil material from fill areas in excess of 15 feet in depth. - Place a geogrid isolation mat at a shallow depth within fill material, according to specifications in the geotechnical exploration report (ENGEO 1992), where lateral deformation tolerance is low and such placement is judged advisable by the geotechnical engineer. - Subexcavate soil material and replace with engineered fill to achieve a fill thickness under individual buildings that will not exceed 10 feet. The Contra Costa County C01111111inity Development Department, the Contra Costa County Public Works Department, and the county geologist, in their review of final grading and engineering plans and building permits, shall ensure that the above measure is made a condition of project approval, is incorporated into the project construction plans, and is implemented at each appropriate phase of the Project. Implementing Party: Project proponent. Timing: Prior to final map recordation, during improvement plan/grading plan check, prior to issuance of a building permit, and during all project construction phases. Contra Costa County Mi6gation Monitoring Program Country Club at Gale Ranch 102 December 1994 Monitoring Actions: Prior to issuance of a building permit, the Community Development Department and the engineering geologist shall verify that recommendations for controlling fill material and placement are incorporated into all relevant project plans and specifications. The Community Development Department and the engineering geologist shall verify compliance with recommendations for controlling fill material and placement during all project construction phases. Standards for Success: Consistent and appropriate application of the geotechnical report regarding controlling fill material and placement during all project construction phases. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa Cotuuv Mitigation Monitoting Progrmn Coun4y CGrh at Gate Raneh 103 December 1994 Impact: Increased Soil Erosion during Grading, Construction, and Postconstruction Periods Mitigation Measure ■ 10.8: Prepare an erosion control program. The project proponent shall direct preparation of an erosion control program to control short-term and long-term soil erosion and sedimentation in Coyote Creek and West Branch Alamo Creek. The erosion control program shall be prepared to meet the requirements of the Contra Costa County Public Works Department and all requirements of the county grading and erosion control ordinance and shall be approved by the County before commencement of grading. The erosion control program shall generally include the following elements, as required by the County: - goals for grading, stabilization, and revegetation consistent with the final grading concept plan: - species lists, planting density, and irrigation requirements for restored areas; - locations of all areas kvhere vegetation will be removed; - methods to stabilize these areas; - locations of areas to be revegetated and types, quantities, and methods of seeding, mutating, planting, fertilizing, and irrigating planted areas; - methods to reduce runoff across cut-and-fill slopes and other graded areas; - location and function of sediment traps and debris basins, methods of using the proposed detention basins as sediment traps during construction, provisions for removing sediment after construction, disposal locations and provisions for long-term maintenance, location and type of temporary measures such as hay bales, earth berms, sand-bagging, or silt fences; and - a schedule for implementation so that all erosion control measures will be installed and maintained throughout the rainy season of each construction year. Contra Costa Counn Mitigation Matitoting Program Country Club at Gale Ranch 104 December 1994 .�.e5[Yt.C:CiGWiC:✓t,:(iC4[StJ'��...+..r.w...�........__..._._._. ____.____._ __ _ _ __��.__ .. __.... The erosion control plan shall also incorporate and implement the following recommendations of the geotechnical exploration report: - Conduct grading and other land disturbance during the normal dry season from April 15 to October 15, to the fullest extent possible. - Divert water from slopes at all times during grading and construction when there is a threat of heavy rainfall. - Construct concrete or asphalt drainage facilities to divert surface water runoff from slopes with heights in excess of 30 feet. - Control stream channel erosion by a combination of slope protection, removal of channel debris, rerouting and reshaping of the channel, and revegetation of streambanks. - Hydroseed and landscape graded slopes as soon as possible following completion of grading or prior to October 15 of they ear grading is performed. Slopes shall remain vegetated thereafter. - Landscape with drought-tolerant vegetation with drip irrigation at a low frequency. Implementing Party: Project proponent. �. Timin : Prior to final map recordation, during improvement plan/grading plan check, during landscape plan check, and during all project construction phases. Monitoring Actions: The Conununity Development and Public Works Departments shall verify the adequacy of the erosion control program prior to issuance of grading permits for all project construction phases. The Community Development and Public Works Departments shall verify implementation of the erosion control program during all project construction phases. Standards for Success: Implementation of the erosion control program during all project construction phases. Cowra Costa County Mi igation Monitoring Progrmn Country Club at Gale Ranch 105 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated i by the monitor. E Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Cotawy Club at Cale Rcmch 106 December 1994 Impact: Substantial Disruption, Displacement, Compaction, and Overcovering of the Soil Mitigation Measure ■ 10.9: Stockpile topsoil. The project proponent shall direct that the following procedures for stockpiling topsoil are incorporated into the final grading plan (Mitigation Measure 10.1) and the ECRC (Mitigation Measure 10.8), and are implemented: - Remove and stockpile the surface layer of soil (Ap Horizon) in all locations where this is feasible before mass grading begins. This soil shall be conserved and managed for future replacement on all landscaped and revegetated areas after the completion of grading. The depth of the Ap Horizon is typically 5 inches for both the Diablo and Clear Lake soil series. If the stockpiled surface soil material is stockpiled for longer than 6 months, it shall not be piled to a depth greater than 4 feet. The surface soil material shall be stockpiled for the minimum time feasible, but in any case, stockpiling duration shall not exceed 2 years. The stockpiled surface soil material shall be replaced with a minimum of compaction, which in any case shall not exceed the bulk density of the naturally occurring surface soil horizons. The Contra Costa County Community Development Department, the Contra Costa County Public Works Department, and the county geologist, in their review of final grading and engineering plans and building permits, shall ensure that the above measure is made a condition of project approval, is incorporated into the project construction plans, and is implemented at each appropriate phase of the project. Implementing Panty: Project proponent. Timing: During improvement plan/grading plan check, during landscape plan check, and during all project construction phases. Monitorin Actions: The Community Development and Public Works Departments shall ensure that the grading plan implements the requirements of Mitigation Measure 10.9 prior to issuance of grading permits for all project construction phases. The Community Development and Public Works Departments shall verify implementation of the surface soil stockpiling provisions during all project construction phases. Standards for Success: Conservation of surface soils that will support landscaping. Contra Costa Counn, Alitigation alortitaing Program Country Club at Gale Ranch 107 December 1994 Monitories Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. i Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 108 December 1994 Impact: Development of Water Storage and Distribution Infrastructure and Wastewater Infrastructure on Potentially Geologically Unstable ]Land Within and Adjacent to the Project Site Mitigation Measure ■ 10.10: Design water storage tanks, water distribution lines, and the wastewater collection line to resist potential damage. The project proponents under direction of EBMUD and Central San shall design all water and wastewater infrastructure based on a grading plan and engineering geotechnical study prepared as part of grading plans under Mitigation Measure 10.1. The grading plan shall be reviewed and approved by the county geologist or an engineering geologist acting on behalf of the County prior to the County's approval of the grading plan for the affected property. Design of water and wastewater infrastructure is also subject to review and approval by EBMUD and Central San. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check. Monitoring Actions: Prior to improvement plan/grading plan check, the project proponent and the Community Development Department shall consult with EBMUD and Central San to determine engineering design specifications for all water and wastewater infrastructure based on a grading plan and engineering geotechnical study prepared as part of grading plans under Mitigation Measure 10.1. Prior to issuance of grading permits, the Community Development Department shall contact EBMUD and Central San to verify that the project proponent has satisfied the design requirements for water and wastewater infrastructure and has been reviewed and approved by EBMUD and Central San. Standards for Success: Compliance with design requirements and approval by EBMUD and Central San, and approval by the county county geologist or an engineering geologist acting on behalf of the County. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 109 December 1994 -.Cis:.�=._Y"iCf[ftSLti+.+.w:.G+Ciuw[+.i.rs:..»+........nii✓_..c........_ .. .. .. . Impact: Substantial Alteration of Existing Landforms Mitigation Measures ■ 10.1: Prepare final grading plan to reduce cuts and fills, and employ landform grading techniques. This measure is described in Chapter 10. ■ 11.1: Emulate existing landforms. The project proponents shall design final grading to emulate existing landforms in the immediate vicinity of the graded area. All engineered slope edges shall be rounded and slope percentages varied to create undulating, natural-appearing cut-and-fill slopes throughout the project development. Slopes shall average 3:1 horizontal to vertical, with no cut slope exceeding 2:1 and no fill slope exceeding 2:1 in steepness. The following guidelines shall be used in the project grading design: cut: slopes up to 4 feet = 2:1 maximum slopes > 4 feet = 3.25:1 maximum fill: slopes up to 8 feet = 2.1 maximum slopes > 8 feet = 3:1 maximum slopes for buttress fills up to 12 feet = 2.5:1 maximum This measure shall be implemented in conjunction with Mitigation Measure 10.1 when final project engineering and grading plans are prepared. Implementing Party: Project proponent. Tuning: During improvement plan/grading plan check, and during all project construction phases. Monitoring Actions: The Community Development and Public Works Departments shall verify that the final 40-scale grading plan(s) are prepared as specified in Mitigation Measure 10.1 and that the grading plan(s) implement the grading standards contained in Mitigation Measure 11.1 prior to issuance of grading permits for all project construction phases. The Community Development and Public Works Departments shall verify implementation of the final 40-scale grading plan(s) as approved during all project construction phases. Standards for Success: Final grading shall emulate existing landforms in the immediate vicinity of the graded area and engineered slope edges shall be rounded and slope percentages varied to create undulating, natural-appearing cut-and-fill slopes throughout the project development. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 110 December 1994 i s Impact: Substantial Alteration of Existing Landforms Mitigation Measures ■ 10.1: Prepare final grading plan to reduce cuts and fills, and employ landform grading techniques. This measure is described in Chapter 10. ■ 11.1: Emulate existing landforms. The project proponents shall design final grading to emulate existing landforms in the immediate vicinity of the graded area. All engineered slope edges shall be rounded and slope percentages varied to create undulating, natural-appearing cut-and-fill slopes throughout the project development. Slopes shall average 3:1 horizontal to vertical, with no cut slope exceeding 2:1 and no fill slope exceeding 2:1 in steepness. The following guidelines shall be used in the project grading design: cut: slopes up to 4 feet = 2:1 maximum slopes > 4 feet = 3.25:1 maximum fill: slopes up to 8 feet = 2.1 maximum slopes > 8 feet = 3:1 maximum slopes for buttress fills up to 12 feet = 2.5:1 maximum This measure shall be implemented in conjunction with Mitigation Measure 10.1 when final project engineering and grading plans are prepared. a Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, and during all project construction phases. Monitoring Actions: The Community Development and Public Works Departments shall verify that the final 40-scale grading plan(s) are prepared as specified in Mitigation Measure 10.1 and that the grading plan(s) implement the grading standards contained in Mitigation Measure 11.1 prior to issuance of grading permits for all project construction phases. The Community Development and Public Works Departments shall verify implementation of the final 40-scale grading plan(s) as approved during all project construction phases. Standards for Success: Final grading shall emulate existing landforms in the immediate vicinity of the graded area and engineered slope edges shall be rounded and slope percentages varied to create undulating, natural-appearing cut-and-fill slopes throughout the project development. Contra Costa County Mitigation Monitoring Program Countty Club at Gate Ranch 110 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 1 1 1 December 1994 Impact: Substantial Alteration of Existing Landforms Mitigation Measure ■ 11.2: Revegetate with native vegetation. The project proponents shall revegetate all finished graded slopes using species and patterns designed to emulate existing native vegetation patterns of the region. The revegetation program shall consider substantial tree plantings on graded and slope area, where practicable. The revegetation program shall be designed by a qualified revegetation specialist and implemented as part of, or immediately following construction by project phase. Temporary construction slopes and other undeveloped graded areas shall be seeded with a native grass and wildflower mix as specified by erosion control measures. Implementing Party: Project proponent. Timms: During improvement plan/grading plan check, and during all project construction phases. Monitoring Actions: The Community Development and Public Works Departments shall require submittal of a revegetation program designed by a qualified revegetation specialist with the submittal of all grading plans. The Community Development shall verify that the revegetation program is implemented as soon as feasible by project phase and that temporary construction slopes and other undeveloped graded areas are seeded with a native grass and wildflower mix as specified by erosion control measures. Standards for Success: All graded slopes shall be revegetated using species and patterns designed to emulate existing native vegetation patterns of the region within one month final grading during all project construction phases. Within one year of final grading 90% of revegetated slopes shall support living vegetation. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Corattty Club at Gale Ranch 112 December 1994 Impact: Substantial Alteration of Existing Landforms Mitigation Measure ■ 11.3: Minimize grading in drainage corridors. The project proponents shall minimize grading and alteration of existing landforms, creeks, and drainage elements for the golf course and other recreation areas and trails. The project proponents shall design the golf course to maintain all drainages as open drainages and use only small bridges and short culverts for pedestrian, cart path, and maintenance-vehicle crossings. Implementing Pady: Project proponent. Timms: During improvement plan/grading plan check, and during all project construction phases. Monitoring Actions: The Community Development and Public Works Departments shall verify that the final 40-scale grading plan(s) minimize grading and alteration of existing landforms, creeks, and drainage elements for the golf course and other recreation areas and trails and that most drainages are retained as open drainages, using only small bridges and short culverts for pedestrian, cart path, and maintenance-vehicle crossings for all project construction phases. The Community Development and Public Works Departments shall verify implementation of the final 40-scale grading plan as approved during all project construction phases. Standards for Success: Minimization of grading and alteration of existing landforms, creeks, and drainage elements for the golf course and other recreation areas and trails. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. -Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Countty Club at Gale Ranch 113 December 1994 Impact: Substantial Alteration of Existing Landforms Mitigation Measure ■ 11.4: Use native-appearing construction materials and treatments. The project proponents shall stabilize creek banks and treat bridges and other improvements in the creek corridor and all recreation areas using native-appearing construction materials and treatments (e.g., wood, rocks, and textured patterned or earth-tone concrete) where feasible. The Contra Costa County Community Development Department and the Contra Costa County Public Works Department, in their review of final grading and improvement plans, shall ensure that the above measures are incorporated into the project design and made a condition of project approval. Phasing and landscaping maintenance considerations will be addressed in accordance with the financing plan. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, building plan check, and during all project construction phases. Monitoring Actions: The Community Development Department shall review improvement plans and building permits submitted by the project proponent to verify that creek bank stabilization, bridges and other improvements in the creek corridor and all recreation areas use native-appearing construction materials and treatments (e.g., wood, rocks, and textured patterned or earth-tone concrete) where feasible. Standards for Success: Substantial use of native-appearing construction materials and treatments throughout the project in all applicable construction phases. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Counoy Chub at Gale Ranch 114 December 1994 Impact: Change in Visual Character and Reduction in Visual Quality Mitigation Measure ■ 11.5: Screen development. The project proponents shall implement submitted landscape plans to screen residential development and other built facilities with berms and native vegetation where development would be visually intrusive and incongruous with entrances into the project site. This measure shall be implemented as part of, or immediately following construction, where feasible and practical. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, building plan check, and during all project construction phases. Monitoring Actions: The Community Development Department shall review improvement plans, landscape plans, and building permits submitted by the project proponent to verify that residential development and other built facilities that would be visually intrusive and incongruous with entrances into the project site are screened with berms and native vegetation. The Community Development Department shall monitor implementation of this mitigation measure in conjunction with Mitigation Measure 4.1 where applicable. Standards for Success: Consistent and high-quality landscape screening of development that would be visually intrusive and incongruous with entrances into the project site within one month of construction. Within one year of construction landscape screening shall be substantially established. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Cotawy Chub at Gale Ranch - 115 December 1994 Impact: Change in Visual Character and Reduction in Visual Quality Mitigation Measure ■ 11.6: Use low-glare earth-tone colors and materials. The project proponents shall ensure that only low-glare earth-tone colors are used as the primary color for all buildings, fencing, and other structures visible from adjacent residences, gateways, important viewing locations, and recreation areas and features. The project proponents shall design any signs, other than required traffic signs, to relate to the scale of surrounding uses and landscape; the signs shall be constructed of native-appearing materials and treatments (e.g., colored and textured concrete, patterned or native stone, or wood) and shall use only low-glare earth-tone or subdued colors. Implementing Party: Project proponent. Tuning: During improvement plan/grading plan check, building plan check, and during all project construction phases. Monitoring Actions: The Community Development Department shall review improvement plans and building permits submitted by the project proponent to verify that low-glare earth-tone colors and materials are used for all buildings, fencing, signs and other structures visible from adjacent residences, gateways, important viewing locations, and recreation areas and features as specified in Mitigation Measure 11.6. Standards for Success: Consistent use of low-glare earth-tone colors and materials are used for all buildings, fencing, signs and other structures visible from adjacent residences, gateways, important viewing locations, and recreation areas and features. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa Cotauy Mitigation Monitoring Program Cotilwy Club at Gale Ranch 116 December 1994 Impact: Change in Visual Character and Reduction in Visual Quality Mitigation Measure ■ 11.7: Set back structures. The project proponents shall set back all houses a minimum of 15 feet from the center of the rounded edge of a cut or fill slope or the rear property line (whichever is closer to the structure) where the structures are to be located above the slopes. For any detached housing unit with a rear yard on the golf course, off street trails or open space, part of the rear yard setback can be 6 feet, provided that the average rear yard setback is not less than 15 feet. Storage structures over 40 inches in height will not be allowed within the minimum rear setback area on dwellings abutting the golf course, trails, or open space. Implementing Party: Project proponent. Tuning: During building plan check in all project construction phases. Monitoring Actions: The Community Development Department shall review building plans to verify that the project proponent complies with the set backs specified in Mitigation Measure 11.7. Standards for Success: All structures set back to comply with the standards specified in Mitigation Measure 11.7. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa Coun y Mitigation Monitoring Pr•ograrn Country Club at Gale Ranch 117 December 1994 Impact: Change in Visual Character and Reduction in Visual Quality Mitigation Measure 0 11.8: Limit structure height. The project proponents shall limit the height of all structures to 35 feet or less for all housing. The building height is defined as the distance between the average exterior grade elevation and the average roof height. Implementing Party: Project proponent. Timing: During building plan check in all project construction phases. Monitoring Actions: The Community Development Department shall review building plans to verify that the project proponent complies with the structure height limitation specified in Mitigation Measure 11.8. Standards for Success: All structures comply with the height limitation standards specified in Mitigation Measure 11.8. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Countty Club at Gale Ranch 118 December 1994 _.....:.. ...-: .'... ..:rjN r:r..iLG:rfYL>!'C.:r...r.lf.r•.r .e .. C. ... .._...... _._ _ .. .. ., ?'... ,cfti::t.�.e :.s.ce.cS:r. _ e,zc.•<,:.C.,.• .. �.... ...r:rar5usc.:.. _ .... _ ... .__.. .. Impact: Change in Visual Character and Reduction in Visual Quality Mitigation Measure ■ 11.9: Preserve major ridgeline. The project proponents shall ensure that no buildings or structures (including fencing walls or water tanks) are built in that portion of the southerly open space area designated as a major ridgeline in the CCCGP and indicated on Figure 10-4. Development and management of the open space area shall include provisions to protect this continuous unbroken ridgeline that can be viewed from project gateway areas, recreation areas, residences, and other important onsite or offsite locations. Implementing Party: Project proponent. Timin : During improvement plan/grading plan check, building permits, and during all project construction phases. Monitoring Actions: The Community Development Department shall review all improvement plans/grading plans and building permits to ensure that no structures are placed on the ridgeline indicated in Mitigation Measure 11.9. Standards for Success: No structures developed on the indicated ridgeline. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Afonitoting Program Country Club at Gale Ranch 119 December 1994 Impact: Change in Visual Character and Reduction in Visual Quality Mitigation Measure ■ 11.10: Design conforming erosion control features. The project proponents shall design any permanent erosion control features (as may be required under Mitigation Measure 10-8) to conform with the existing topography, vegetative patterns, and colors of the area and screen these features with berms and native vegetation. Implementation of this measure shall be incorporated into design of these facilities and shall be approved by the Community Development Department before the final engineering design plans for these facilities are approved by the Public Works Department of Flood Control District. Implementing Party: Project proponent. Tuning: During improvement plan/grading plan check, building permits, and during all project construction phases. Monitoring Actions: The Community Development Department shall review plans for all erosion control features (including those that may be required in conjunction with Mitigation Measure 10-8) to ensure that these facilities conform with the existing topography, vegetative patterns, and colors of the area and that these features are screened with berms and native vegetation, where feasible. Standards for Success: Erosion control facilities that substantially conform with the existing topography, vegetative patterns, and colors of the area. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Countty Club at Gale Ranch 120 December 1994 i i Impact: Change in Visual Character and Reduction in Visual Quality Mitigation Measure ■ 11.11: Provide path setbacks. The project proponents shall provide a setback for all golf course roads/paths in creek corridors and establish and maintain a native vegetation buffer in the setback area between the creek and road. The setback would vary in width according to creek size and depth. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, building permits, and during all project construction phases. Monitoring Actions: The Community Development Department shall review all improvement plans/grading plans and building permits submitted by the project proponent to ensure that all golf course roads/paths in creek corridors establish and maintain a native vegetation buffer in the setback area between the creek and road that would vary in width according to creek size and depth. Standards for Success: Well-vegetated set backs between golf course roads/paths and the creek. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa Countv Mitigation Monitoring Program Count v Club at Gale Ranch 121 December 1994 ...c:b2tLt2tikftfta7tit,Se.:ctaiccK�- .... - r.:csv,;�i::.:..._ ..�....oe...� _......,........._....._.c.. ,<._. .,_....,1.....r.r.................. . ....._............ ...._.._.. ..._ Impact: Change in Visual Character and Reduction in Visual Quality Mitigation Measure E 11.12: Retain native vegetation. The project proponents shall retain and revegetate with native vegetation existing drainages where feasible. Creek crossings for golf course roads/paths shall be perpendicular and use bridges where feasible to avoid filling creek channels. The revegetation program shall be designed by a qualified revegetation specialist, implemented as part of, or immediately following construction by project phase, and shall be approved and monitored by the County as a condition of tentative map approval. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, building permits, and during all project construction phases. Monitoring Actions: The Community Development Department shall review improvement plans/grading plans, landscape plans and building permits to ensure that existing native vegetation is retained and incorporated into the project where feasible and that all proposed creek crossings use bridges that cross perpendicular to the creek to minimize filling creek channels. Standards for Success: The minimum practicable extent of creek fill to accomplish each creek crossing in all applicable construction phases. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Countty Club at Gale Ranch 122 December 1994 Impact: Change in Visual Character and Reduction in Visual Quality Mitigation Measure ■ 11.13: Establish a native vegetation buffer. The project proponents shall establish a native vegetation buffer a minimum of 50 feet wide (average) between creek centerlines and recreation features (e.g., golf course facilities, tennis courts, and other active recreation features) for Coyote Creek throughout the project site. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, landscape plan checks, creek revegetation plan checks, and building plan checks, and during all project construction phases. Monitoring Actions: The Community Development Department shall review improvement plans/grading plans, landscape plans and building permits submitted by the project proponent to ensure that a native vegetation buffer a minimum of 50 feet wide between creek centerlines and recreation features would be provided for Coyote Creek throughout the project site in all development phases. Standards for Success: Maintain a minimum buffer of 50 feet along the creek. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 123 December 1994 Impact: Change in Visual Character and Reduction in Visual Quality Mitigation Measure a 11.14: Design creek crossings to reduce visual impacts. The project proponents shall design the Bollinger Canyon Road crossings of Coyote Creek and West Branch Alamo Creek as bridge structures or other alternative methods that avoid physical intrusion into the channel area. The design shall incorporate innovative techniques to retain, contour grade, drain, and revegetate the bridge abutment areas. The surface texture and color used in these bridge designs shall implement Mitigation Measure 11.4. The bridges and transition design shall be approved by the Contra Costa County Public Works Department and Community Development Department. The Contra Costa County Community Development Department and the Contra Costa County Public Works Department, in their review of final grading and improvement plans, shall ensure that the above measures are incorporated into the Project's design and made conditions of Project approval. Phasing and landscaping maintenance considerations will be addressed in accordance with the financing plan. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, building permits, and during applicable project construction phases. Monitoring Actions: The Community Development Department shall review improvement plans/grading plans and building permits submitted by the project proponent to ensure that creek crossings avoid physical intrusion into the channel area by bridging the creek to reduce visual impacts to implement Mitigation Measure 11.4. Standards for Success: Minimize the extent of creek fill to accomplish each creek crossing and minimize the apparent scale of the bridge structures. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Countty Club at Gale Ranch 124 December 1994 Impact: Substantial Alteration of Hilltops and Ridgelines Associated with Water Tanks, Distribution Lines, and Access Roads Mitigation Measures ■ 11.15: Site water tanks to minimize visibility. If EBMUD requires additional water tanks in the locations indicated on Figure 10-9, the tanks shall be positioned to minimize their visibility from several directions by selecting specific sites on the shaller of hills or ridgelines and by using construction methods such as full or partial burial, construction of berms, planting of native vegetative screens, and use of low-glare earth-tone colors that blend closely with the surroundings. Underground water distribution lines shall be extended to and from the tank sites using access roads if feasible, rather than directly up natural slopes. This measure shall be implemented by EBMUD, in their review of conceptual and final water tank siting plans. EBMUD would be responsible for the success of this measure. Implementing Party: EBMUD and project proponent. Timing: During improvement plan check during applicable project construction phases. Monitoring Actions: The project proponent shall design any additional water tanks and associated facilities to meet the requirements of EBMUD and to minimize their visibility by implementing the design objectives specified in Mitigation Measure 11.15, subject to the review and approval of EBMUB. The Community Development Department shall monitor this approval by consulting with EBMUD to ensure compliance. Standards for Success: Minimize visibility of the water tanks. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Country Club at Gale Ranch 125 December 1994 Impact: Substantial Alteration of Hilltops and Ridgelines Associated with Water Tanks, Distribution Lines, and Access Roads Mitigation Measures ■ 11.16: Site access road to minimize visibility. EBMUD shall minimize visibility and visual impacts of the access road(s) and maintenance roads at water tank sites by selecting routes that approach the site(s) from the direction of maximum tank visibility, and by minimizing road width and cut-and-fill requirements, revegetating disturbed areas with native vegetation, siting roads and varying their width to fit closely with the natural topography, designing road portions located high on hillsides to be 4% outsloping, with rolling dips and road portions located low on hillsides to be insloping with ditches and culverts. Implementing Party: EBMUD and project proponent. Timing: During improvement plan check during applicable.project construction phases. Monitoring Actions: The project proponent shall design access road(s) and maintenance roads at water tank sites to meet the requirements of EBMUD and to minimize their visibility by implementing the design objectives specified in Mitigation Measure 11.16, subject to the review and approval of EBMUB. The Community Development Department shall monitor this approval by consulting with EBMUD to ensure compliance. Standards for Success: Minimize visibility of the water tanks access roads and associated facilities. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program CounnJ,Club at Gale Ranch 126 December 1994 ..:Jr.r4:r rieir.nr.r.r.pit.t....(._...a+....4, ....:.(..e:l.e..r.e..e.r.ue.t.u. .r........_. _ .. .. _ Impact: Visual Impacts of Fencing, Fire Breaks, and Fire Roads Mitigation Measure ■ 11.17: Locate fire roads to minimize visibility. The project proponents shall locate fire roads in debris catchment basin areas or on the tops of buttress fill areas, as feasible, to further reduce fire road visibility. Implementing Party: Project proponent. Timin : During improvement plan/grading plan check during applicable project construction phases. Monitoring Actions: The Community Development Department shall review improvement plans/grading plans and building permits submitted by the project proponent to ensure that fire roads are located minimize their visibility. Standards for Success: Minimize the visibility of fire roads. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Countty Club at Gale Ranch 127 December 1994 .. .. i•i/e'.0?iY,• thK>ti_ .. -. <.....rs}..�� .. •',4{tt'.�G..-.. ..tCK+rc-., .. ... .... .... Impact: Visual Impacts of Fencing, Fire Breaks, and Fire Roads Mitigation Measure ■ 11.18: Design fencing to minimize visibility The project proponents shall use low fencing of welded wire mesh or barbed wire strand no higher than necessary to control stock and domestic animal access. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, landscape plan check, building plan check, during applicable project construction phases. Monitoring Actions: The Community Development Department shall review improvement plans/grading plans, landscape plans, creek revegetation plans, and building permits submitted by the project proponent to ensure that fencing is designed to minimize their visibility. Standards for Success: Minimize the visibility of fencing. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa Comity Mitigation Monitotvtg Program Country CIO at Gale Ranch 129 December 1994 <,,-Sui}, t.:." r t.ZCk'i•., fn- .,.L'-.ftS .... C...[ ..s , Impact: Introduction of Stormwater Detention Facilities Mitigation Measure ■ 11.19: Design stormwater detention facilities to fit landform patterns. The project proponents shall design stormwater detention facilities to fit the area's natural landform patterns and be curvilinear in form and with undulating sideslopes averaging 3:1 or less in steepness, use natural-appearing materials and colors for drainage facility structures, and screen all drainage facility structures from important viewpoints using native vegetation. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, landscape plan check, during applicable project construction phases. Monitoring Actions: The Community Development Department shall review improvement plans/grading plans, landscape plans, creek revegetation plans, and building permits submitted by the project proponent to ensure that stormwater detention facilities to fit landform patterns to implement the design standards specific in Mitigation Measure 11.19. Standards for Success: Minimize the visibility of stormwater detention facilities. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring hvp'ann Country Club at Gale Ranch 129 December 1994 ...:'GC Y„-....:S..r..,....'i{{... '•{<eF<F{F{Ff%s.+:i<<i Si;C { .. ,•Si$rf.+. .:•:.:::::•.;,,.•:•C.Sl[.[ft.SCftfiC.'{.K CixiLSN.tfeS;Jv::ri.t.0•e.' .. ...... ... .. .. �. Impact: Increased Light and Glare to Onsite and Offsite Residents Mitigation Measure ■ 11.20: Minimize offsite night lighting visibility. The project proponents shall design lighting for areas of concentrated night lighting, such as the club house, driving range, tennis courts, church, and parking lots, to minimize their offsite visibility by using downward-oriented high-pressure sodium lights and physical screening materials subject to approval of the Contra Costa County Community Development Department prior to issuance of site building permits. Implementing Party: Project proponent. Tuning: During improvement plan/grading plan check, and building plan checks, during, applicable project construction phases. Monitoring Actions: The Community Development Department shall review improvement plans/grading plans and building plans submitted by the project proponent to ensure that the visibility of night lighting is minimized as specified in Mitigation Measure 11.20. Standards for Success: Minimize the visibility of night lighting. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Countty Club at Gale Ranch 130 December 1994 Impact: Increased Light and Glare to Onsite and Offsite Residents Mitigation Measure ■ 11.21: Use low-glare earth-tone colors. The project proponents shall ensure that only low-glare earth-tone colors are used as the primary color for all buildings, fencing, pavement, and other structures visible from adjacent residences, gateways, important viewing locations, and recreation areas and features, subject to approval of the Contra Costa County Community Development Department prior to issuance of site building permits. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, building plan check, and during all project construction phases. Monitoring Actions: The Community Development Department shall review improvement plans and building permits submitted by the project proponent to verify that low-glare earth-tone colors and materials are used for all buildings, fencing, signs and other structures visible from adjacent residences, gateways, important viewing locations, and recreation areas and features. Standards for Success: Consistent use of low-glare earth-tone colors and materials are used for all buildings, fencing, signs and other structures visible from adjacent residences, gateways, important viewing locations, and recreation areas and features. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 131 December 1994 'rt.,:±G i.... ,..:.5•.,4xt!ti-•g.hncw ;+ :W.. .'K,a' .... r.__..c...ay....a.+s.........�a....,...r..__......... ...a.. ............ .... .........., _ .... ... Impact: Temporary Construction Effects on Visual Quality Mitigation Measures ■ 11.22: Delineate no-grading zones. The project proponents shall, for the duration of the construction operations, stake, flag, or fence off all areas not to be graded and prohibit any construction operations in areas determined to be no-grading zones. Temporary creek crossings for construction access shall be minimized and shall be located at focused and preapproved crossing locations. All creek crossings shall be restored and enhanced to conditions specified in the restoration plan. Additionally, grading and alteration of existing landforms, creeks, and drainage elements for the construction staging areas, borrow sites, and stockpiling areas shall be conducted at preapproved areas and shall not be located in the Coyote Creek channel preservation corridor, in the West Branch of Alamo Creek (Figure 3-5), or in open space areas. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, landscape plan checks, creek revegetation plan checks, and building plan checks, during all project construction phases. Monitoring Actions: The Community Development Department shall review improvement plans/grading plans, landscape plans, creek revegetation plans, and building plans submitted by the project proponent to ensure that no-grading zones are designated for construction operations and that creek crossings are minimized. Standards for Success: Protect no-grading zones from inadvertent grading. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Coramry Club at Gale Ranch 132 December 1994 Impact: Modification of a County-Designated Scenic Route Mitigation Measure 0 11.23: Implement design guidelines. The Project shall be designed to ensure that urban design, architecture, and landscape design features used in the designated scenic corridor compensate for alterations introduced by the Project. Project design guidelines shall be implemented to provide standards for achieving attractive, high-quality urban development that will compensate for alterations and enhance the County-designated scenic route. The Contra Costa County Community Development Department, in its review of design and improvement plans, shall ensure that the above measures are incorporated into the project design and made conditions of project approval. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, landscape plan checks, creek revegetation plan checks, and building plan checks, during all project construction phases. Monitoring Actions: The Community Development Department shall review improvement plans/grading plans, landscape plans, creek revegetation plans, and building plans submitted by the project proponent to ensure that urban design, architecture, and landscape design features used in the designated scenic corridor compensate for alterations introduced by the Project. Standards for Success: Project design guidelines shall be implemented. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Country Club at Gale Ranch 133 December 1994 Cumulative Impact: Regional Loss of Rural/Pastoral Visual Character, Reduced Views of Open Space, and Loss of Scenic Views in the Region Mitigation Measures ■ 11.1 through 11.23: These measures are described above. Implementing Mitigation Measures 11.1 through 11.23 would reduce this impact, but not to a less-than-significant level because the Project would still contribute to a reduction in regional open space and a permanent loss of regional rural/pastoral visual character and scenic views. This impact is significant and unavoidable. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, building permits, and during applicable project construction phases. Monitoring Actions: The Community Development Department shall monitor the implementation success of Mitigation Measures 11.1 through 11.23, which are expected to reduce the impact of regional loss of rural/pastoral visual character, reduced views of open space, and loss of scenic views in the region. Standards for Success: Successful implementation of Mitigation Measures 11.1 through 11.23. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Countty Club at Gale Ranch 134 December 1994 Impact: Elimination or Degradation of Freshwater Marsh, Stock Pond, and Seasonal and Perennial Creek Habitat along Coyote Creek Mitigation Measure ■ 12.1: Avoid adverse impacts on creek and wetland habitats. The County shall condition project development to avoid adversely affecting creek or wetland habitat in open space and parks and recreation use areas to the fullest extent possible during final project planning by rerouting proposed trails and pathways and relocating proposed facilities outside wetland areas. The following guidelines are designed to protect wetlands and riparian areas during and after project construction: - Avoid placing recreational, utility, or support facilities in wetlands. - Inform construction management and site staff of the importance of protecting natural resources during construction. A qualified biologist shall perform this task. - Prepare and implement a plan for temporary construction fencing sensitive natural resource areas, in consultation with a qualified biologist. Avoid construction activities near creek and wetland habitats during the breeding season (March 15--July 15) to minimize disturbance of breeding wildlife. In general, construction within riparian habitats, along with a 150-foot buffer zone, shall be prohibited during the breeding season (March 15-July 15). - Retain a qualified biologist to monitor construction activities throughout the duration of the project to ensure that no construction or staging activities damage sensitive areas. - Place signs along trails and other recreational use areas that explain the value of and threats to riparian and wetland habitats provide information on species inhabiting the riparian habitats. Place signs along trails entering the riparian corridor, wetlands, and other open space areas requiring pets to be leashed. In addition to serving as an educational tool, the signs would help discourage human and domestic pet intrusion into riparian habitats and possibly lessen further impacts on the riparian habitats. - Minimize the amount of light broadcast in the riparian area by restricting the height of light fixtures along pathways (2-3 feet) and shield and direct lighting downward toward the path. Contra Costa County Mitigation Monitoring Program Counay Club at Gale Ranch 135 December 1994 Implementing_Party: Project proponent. Timing: During improvement plan/grading plan check, during creek restoration plan check and applicable building plan checks during all project construction phases. Monitoring Actions: The Community Development Department shall review all improvement plan/grading plans, creek restoration plans applicable building plans submitted by the project proponent to verify that these plans avoid adversely affecting creek or wetland habitat in open space and parks and recreation use areas to the fullest extent possible. The Community Development Department and an independent outside biological resources consultant (if necessary) shall evaluate all applicable plans to determine if they implement the guidelines listed in Mitigation Measure 12.1. The Community Development Department shall conduct at least one site visit during each project construction phase to verify implementation of these measures. Standards for Success: Avoidance of development that would adversely affect creek or wetland habitat in open space and parks and recreation use areas to the fullest extent possible during all project construction phases. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program County Club at Gale Ranch 136 December 1994 Impact: Elimination or Degradation of Freshwater Marsh, Stock Pond, and Seasonal and Perennial Creek Habitat along Coyote Creek Mitigation Measure ■ 12.2: Minimize the creation of mosquito breeding conditions. The mosquito abatement district shall be included in wetland and riparian habitat restoration and enhancement planning. Recommendations from the abatement district will be used in wetland and riparian habitat design that will minimize the creation of mosquito breeding conditions and reduce the need for mosquito abatement activities. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check and creek restoration plan check during all project construction phases. Monitoring Actions: The Community Development Department shall review all improvement plan/grading plans, creek restoration plans applicable building plans submitted by the project proponent to verify that the mosquito abatement district has been consulted concerning wetland and riparian habitat restoration and enhancement planning and that their recommendations have been be used in wetland and riparian habitat design to minimize the creation of mosquito breeding conditions and reduce the need for mosquito abatement activities. The Community Development Department and an outside biological resources consultant (if necessary) shall evaluate all applicable plans. The County shall conduct on site visit during each project construction phase to verify implementation of these measures. Standards for Success: Minimization of conditions that would lead to mosquito breeding conditions and reduction in the potential need for mosquito abatement activities. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 137 December 1994 Impact: Elimination or Degradation of Freshwater Marsh, Stock Pond, and Seasonal and Perennial Creek Habitat along Coyote Creek Mitigation Measure ■ 12.3: Minimize the disturbance caused by mosquito abatement activities. The local mosquito abatement district shall minimize the disturbance caused by mosquito abatement activities in wetlands during periods of active wildlife breeding activities (March 15-July 15). If mosquito abatement is required during the breeding season, the mosquito abatement district shall conduct a wildlife survey to determine if sensitive wildlife species are present that could be disturbed (e.g., tricolored blackbirds and other colony-nesting species). If sensitive wildlife species are present and mosquito abatement is necessary, the mosquito abatement district shall contact DFG to determine the appropriate procedures. Implementing Party: Community Development Department. Timing: Ongoing requirements. Monitoring Actions: The Community Development Department shall establish contact with the mosquito abatement district to advise the district concerning the restriction in mosquito abatement activities specified in Mitigation Measure 12.3. The Community Development Department and an outside biological resources consultant (if necessary) shall evaluate the standard practices of the mosquito abatement district to determine if these activities would be conducted in such a way that sensitive wildlife species could be disturbed. If sensitive wildlife species could be disturbed the Community Development department shall contact DFG to determine the appropriate procedures and shall request that the mosquito abatement district incorporate these procedures into their regular activities at the project. Standards for Success: Minimization of disturbances to sensitive wildlife species. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 138 December 1994 Impact: Elimination or Degradation of Freshwater Marsh, Stock Pond, and Seasonal and Perennial Creek Habitat along Coyote Creek Mitigation Measure ■ 12.4: Prevent or compensate for fill activities in jurisdictional wetlands. The project proponent shall prevent dredge or fill activities in jurisdictional wetland areas or compensate for unavoidable loss of onsite freshwater marsh in consultation with DFG, USFWS, RWQCB, and the Army Corps as a condition of a Section 404 permit. To determine the extent and location of areas under Section 404 jurisdiction, a qualified wetland specialist shall complete the Army Corps verification of a wetland delineation of the site. Areas determined to be jurisdictional wetlands or other waters of the United States shall be protected from discharges of solid or liquid construction material by erecting barricades of hay bales, dikes, or silt fences upslope from the wetlands prior to construction. Proposed enhancement of riparian areas would provide some compensation for or elimination of impacts on wetlands; however, additional mitigation would likely be required to fully compensate for the loss of wetland habitat as a condition of a Section 404 permit. A qualified restoration ecologist shall be retained by the project proponent to develop and implement a wetland restoration plan in consultation with the Corps as a condition of a Section 404 permit. The plan shall specify the replacement acreages and values required to fully mitigate wetland impacts, including performance standards, length of monitoring, funding sources, timetable for implementation, locations and treatments prescribed for individual mitigation sites, and an assessment of expected results of treatments in meeting performance standards. The mitigation would be considered successful when acres and values have been replaced, the mitigation plantings no longer require active management, and the mitigation sites are protected in perpetuity. The following elements shall be included in the restoration plan: - the location, treatment, type, and form of planting stock appropriate for the region and wetland type mitigated; - salvage plans for wetland vegetation that will be affected by development of a source of seed or other propagation stock; - revegetation sites within protected nondevelopment buffer zones; and - monitoring requirements (typically annual or semiannual monitoring for 3 to 5 years) to ensure that plants have successfully established; and Contra Costa County Mitigation Monitoting Program Country Club at Gale Ranch 139 December 1994 remedial measures, such as replanting, enhancement, and control of exotic species that could be employed to ensure success of the mitigation effort. The following elements shall also be included for loss of stock pond habitat: A qualified restoration ecologist shall develop a wetland mitigation plan in consultation with the Corps as a condition of a Section 404 permit that specifies the location, size, and habitat values of replacement stock ponds. Stock pond habitats would be considered successfully mitigated when the eliminated acreage has been replaced, similar ecological conditions such as emergent vegetation have successfully established in the replacement ponds, and replacement ponds no longer require active management. The following elements shall also be included for the loss of perennial and seasonal creeks: - Determine appropriate compensation ratios and approaches in consultation with the Corps as a condition of a Section 404 permit. - Assess the effectiveness of proposed creek enhancement in replacing lost functions and values. If additional mitigation is required to fully compensate for loss of perennial and seasonal creeks, identify revegetation sites within protected nondevelopment buffer zones. - Monitor plantings semiannually for a minimum of 5 years to ensure that plants have successfully established. If establishment is unsuccessful, implement remedial measures, such as replanting, removal of escaped exotics, or enhancement of similar offsite occurrence. The Community Development Department shall ensure that the project proponents have complied with Section 404 of the Clean Water Act before issuing a grading permit. If the impact cannot be avoided, the project proponent shall fund preparation of a comprehensive wetland mitigation plan and begin implementation of the plan prior to construction. Implementing Party: Project proponent. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 140 December 1994 Timing: During improvement plan/grading plan check, during creek restoration plan check and applicable building plan checks during all project construction phases. Monitoring Actions: The Community Development Department shall review all improvement plan/grading plans, creek restoration plans applicable building plans submitted by the project proponent to verify that these plans are consistent with wetland restoration plan prepared by a qualified restoration ecologist and approved by the Corps as a condition of a Section 404 permit. The Community Development Department shall verify that the project proponents have complied with Section 404 of the Clean Water Act before issuing a grading permit. The Community Development Department and an independent outside biological resources consultant (if necessary) shall evaluate all applicable plans to determine if they implement the guidelines listed in Mitigation Measure 12.4. The Community Development Department shall conduct at least one site visit during each project construction phase to verify implementation of these measures. Standards for Success: Compliance with Section 404 of the Clean Water Act. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 141 December 1994 Impact: Loss of Wetlands and Willow Riparian Forest along West Branch of Alamo Creek Mitigation Measure ■ 12.5: Expand and implement the creek revegetation plan. Implement Mitigation Measures 12.1, 12.2, 12.3, and 12.4 and expand and implement the creek revege- tation plan to include the loss of wetland habitat and riparian habitat along West Branch of Alamo Creek. Expansion and implementation of the creek revegetation plan (LSA Associates 1992) shall be conducted to include the loss of these habitats associated with the realignment of Dougherty Road not included in the existing creek revegetation plan. Implementing Party: Project proponent. Timin During improvement plan/grading plan check and creek restoration plan check during all project construction phases. Monitoring Actions: The project proponent shall prepare and submit and expanded creek reve- getation plan to include the loss of wetland habitat and riparian habitat along West Branch of Alamo Creek. The Community Development Department and an independent outside biological resources consultant shall review all improvement plan/grading plans, creek restoration plans applicable building plans submitted by the project proponent to verify that these plans comply with the creek revegetation plan. Standards for Success: Compliance with expanded creek revegetation plan. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Comuty Club at Gale Ranch 142 December 1994 Impact: Loss of Wetlands and Willow Riparian Forest along West Branch of Alamo Creek Mitigation Measure ■ 12.6: Compensate for loss of willow riparian forest. If elimination of willow riparian forest is unavoidable, the project proponent shall replace lost trees by planting stem cuttings for each tree eliminated. Stem cuttings shall be planted prior to construction in open space areas or other places that will be protected from further impacts, including livestock grazing and subsequent recreational use of open space areas. Plantings shall be placed as close as possible to the site of impact, and shall be collected from trees onsite or in the immediate vicinity of the Dougherty Valley area. Plantings shall be monitored and maintained semiannually by a qualified biologist or restoration specialist for a minimum of 5 years to ensure that the trees have successfully established. Remedial measures such as replanting, installation of temporary enclosures, or irrigation shall be employed if the plantings do not successfully establish during the monitoring period. Impacts on mature riparian forest would be considered successfully mitigated when plantings are successfully established and no longer require active management (e.g., watering). Implementing Party: Project proponent. Timin : During improvement plan/grading plan check and creek restoration plan check during all project construction phases. Monitoring Actions: The Community Development Department shall review all improvement plan/grading plans, creek restoration plans applicable building plans submitted by the project proponent to verify that elimination of willow riparian forest is compensated by replacement of lost trees by planting stem cuttings for each tree eliminated. The Community Development Department and an independent outside biological resources consultant (if necessary) shall evaluate all applicable plans to determine if they implement the guidelines listed in Mitigation Measure 12.6. The Community Development Department shall inspect plantings semiannually for a minimum of 5 years to ensure that the trees have successfully established. Standards for Success: All willow riparian forest compensation areas shall be revegetated with cuttings within six months after final construction of that phase. Planting shall no longer require active management (e.g., watering) after 5 years. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 143 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes i Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 144 December 1994 Impact: Loss of Potential Breeding Burrowing Owl Habitat. Mitigation Measure ■ 12.7: Avoid any nesting burrowing owls. The following measures shall be implemented to determine if the owls nest on the project site, and if so, to determine what measures need to be undertaken to protect the owls from construction activities and mitigate for the loss of breeding and foraging habitat. If the owls are found to nest on the project site, nesting habitat may be created in the open space area or off the project site to provide suitably protected burrows (possibly the land adjacent to and east of the Dougherty Valley area.) The owls may move to this area on their own or they may be relocated if necessary. Before any project-related construction begins, the project proponent shall conduct burrowing owl surveys in accordance with DFG's current protocol during winter and breeding season in the specific areas to be developed in the year that construction is planned to begin to determine owl numbers, locations, and breeding activities. If the owls do not remain on the project site during the breeding season, the following tasks need not be implemented. The project proponent would conduct burrowing owl surveys prior to issuance of a grading permit affecting any grassland or alkali habitats. If the owls remain at the project site, the project proponent will submit the survey results and a mitigation plan for DFG review and approval, and, in consultation with DFG, agree to a combination of mitigation techniques to minimize the impacts. They may include: - artificial burrow creation, - owl relocation, or - habitat acquisition or enhancement. If the owls are nesting on the project site and DFG recommends additional measures, the project proponent will follow DFG guidelines. If the owls are threatened by construction activities and other management options are not available, the owls may need to be captured and relocated to protected areas on the project site, such as in an open space area (level or nearly level grasslands) or off the project site. Relocation is considered experimental and is not always successful (Johnson pers. comm.). Nesting burrowing owls are site-tenacious and often return to the original site after being relocated (Johnson pers. comm.). Relocation is also time consuming, expensive, and requires intensive manipulation of the owls. Therefore, relocation shall be used only as a last resort. Relocating the owls would require a permit from and coordination with DFG. Contra Costa County Mitigation Moniroring Program Country Club at Gale Ranch 145 December 1994 Throughout construction and the life of the Project, no ground squirrel control programs will be permitted in the open space areas and mitigation areas. Ground squirrel control programs could kill burrowing owls or reduce nest burrow availability. The project proponent will complete the burrowing owl mitigation before the Building Inspection Department issues a grading permit. Implementing Party: Project proponent. Tuning: During improvement plan/grading plan check and creek restoration plan check during all project construction phases. Monitoring Actions: The Community Development Department shall verify that the project proponent has conducted burrowing owl surveys in accordance with DFG's current protocol prior to submittal of improvement plan/grading plans. If burrowing owls are present, the Community Development Department shall verify that a mitigation plan has been prepared by the project proponent and that it is approved by DFG before the Building Inspection Department issues a grading permit. The Community Development Department or an outside biological resources consultant shall conduct at least one site visit during each affected project construction phase to verify implementation of the mitigation plan. Standards for Success: Avoidance of mortality to burrowing owls. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation MonitoHng Program Coutttty Club at Gale Ranch 146 December 1994 Impact: Loss of American Badger Breeding and Foraging Habitat. Mitigation Measures ■ 12.9 and 12.10: These measures are described below. (See description below under "Cumulative Impact: Regional Loss and Fragmentation of Annual Grassland Habitat for Wildlife and Special-Status Wildlife Species".) Implementing Party: Project proponent. Timin : During improvement plan/grading plan check during all project construction phases. Monitoring Actions: The Community Development Department shall monitor the implementation success of Mitigation Measures 12.9 and 12.10 to ensure that minimum loss of American Badger breeding and foraging habitat. Standards for Success: Successful implementation of Mitigation Measures 12.9 and 12.10. Contra Costa County Mitigation Monitoring Prograrn Counay Club at Gale Ranch 147 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 148 December 1994 i Impact: Pollution of Coyote Creek by Fertilizers and Chemicals from the Golf Course ` Mitigation Measure ■ 12.8: Minimize golf course runoff into creek. The project proponent shall implement mitigation measures to minimize golf course runoff into the creek. - maintain a 50-foot buffer (average) on each side of Coyote Creek through the length of the golf course; - grading or irrigation in the buffer shall be permitted only with the approval of a revegetation specialist and the County; - include native plants in the plantings; - control stormwater and irrigation runoff onsite by planting dense turfgrass or hydroseeding grassy slopes; - develop retention basins in Coyote Creek to retain runoff; - grade slopes to direct runoff toward swales and away from the creek; - direct runoff with grassy swales into rough areas; and - construct subsurface drains to collect excess water and direct it toward grassy swales. Prior to approval of the final map, the Community Development Department shall verify that the final grading and improvement plans for the proposed golf course are designed to minimize flow into the creek. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, during creek restoration plan check and applicable building plan checks during all project construction phases. Monitoring Actions: The Community Development Department shall review all improvement plan/grading plans, creek restoration plans applicable building plans submitted by the project proponent to verify that these plans implement the measures to minimize golf course runoff into the creek specified in Mitigation Measure 12.8. The Community Development Department shall conduct at least one site visit during each project construction phase to verify implementation of these measures. Contra Costa County Mitigation Monitoring Progrant Country Club at Gale Ranch 149 December 1994 Standards for Success: Minimization of direct runoff from the golf course into the creek. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitafing Program Country Club at Gale Ranch 150 December•1994 Cumulative Impact: Regional Loss and Fragmentation of Annual Grassland Habitat for Wildlife and Special-Status Wildlife Species Mitigation Measure ■ 12.9: Reduce grazing intensity on grasslands. The project proponent shall manage existing grasslands in the proposed open space areas and in adjoining property under its control to reduce overall grazing intensity at the site by meeting or exceeding minimum management recommendations for leaving residual dry matter (RDM), as described for annual grasslands in the U.S. Forest Service's Range Environmental Analysis Handbook. The grasslands appear to have been grazed at levels exceeding the recommended RDM standards. A qualified range ecologist and a wildlife biologist shall prepare specific management recommendations for the open space areas. These recommendations shall include permissible animal-unit months and vegetative cover requirements to minimize erosion and groundwater impacts. These recommendations shall be submitted to and approved by the County Community Development Department before approval of final subdivision maps adjacent to the areas to be grazed. A net reduction in grazing intensity is expected to have a beneficial impact on botanical and wildlife resources by increasing overall vegetative cover and improving plant species diversity, but this measure does not fully compensate for the cumulative loss of grassland habitat, nor does it compensate for fragmentation and isolation of remaining grassland habitat. Implementing Party: Project proponent. Timing: Prior to approval of Final Maps in all project construction phases. Monitoring Actions: The Community Development Department shall verify that the project proponent has completed specific management recommendations for the open space areas prepared by a qualified range ecologist and a wildlife biologist that implement the measures specified in Mitigation Measure 12.9. The Community Development Department or an outside biological resources consultant shall conduct at least one site visit at the conclusion of project construction to verify implementation of the open space management recommendations. Standards for Success: Grazing intensity on open space areas shall meet or exceed minimum management recommendations for leaving residual dry matter (RDM), as described for annual grasslands in the U.S. Forest Service's Range Environmental Analysis Handbook. Contra Costa Coinaty Mitigation Monitoring Prograin Counthy Club at Gale Ranch 151 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes i i Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 152 December 1994 Cumulative Impact: Regional Loss and Fragmentation of Annual Grassland Habitat. for Wildlife and Special-Status Wildlife Species Mitigation Measure ■ 12.10: Minimize loss of grassland habitat. In its implementation of the Land Use Preservation Plan, the County shall seek to limit the loss of grassland habitat and to maintain large tracts of foraging and breeding habitat by protecting the properties located outside of the urban limit line in this area from development. In approving development in large undeveloped areas within the urban limit line, the County shall preserve important wildlife movement corridors between open space areas. Implementing Party: Community Development Department. Tuning: At yearly intervals prior to project completion. Monitoring Actions: The Community Development Department shall provide a staff memorandum to the Board of Supervisors that reports on the County's progress in implementing the Land Use Preservation Plan and efforts to limit regional loss of grassland habitat and maintain large tracts of foraging and breeding habitat by protecting the properties located outside of the urban limit line from development. This report shall also identify the extent of development applications in large undeveloped areas within the urban limit line that are currently being considered for approval by the County and opportunities to preserve important wildlife movement corridors between open space areas. Standards for Success: Reduced rate of regional loss and fragmentation of annual grassland habitat for wildlife and special-status wildlife species. Contra Costa County Mitigation Monitoting Program Counity Club at Gale Ranch 153 December 1994 Monitorinz Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitonng Program Country Club at Gale Ranch 154 December 1994 Impact: Operation-Related Residential Energy Consumption Mitigation Measure ■ 13.1: Protect solar access. Each tentative map for residential development shall incorporate design features, wherever feasible, to protect solar access. Heating and cooling needs constitute 30% of residential energy usage (California Energy Commission 1992). For the Project, this amounts to 18,605 therms per month for the 1,216 residential units proposed. Protecting solar access and using orientation and vegetation to reduce the heating and cooling requirements of the structures would substantially reduce energy usage. Tentative maps shall include the following elements: Multifamily building envelope location and building height shall be varied to avoid excessive winter shading of south-facing facades, where feasible. Building envelope location or setback of single family homes shall be varied to avoid excessive winter shading of south-facing facades, where feasible. Include provisions to control landscaping, including the locations and types of vegetation existing or to be provided on the lots. For developer- installed landscaping, (1) to allow solar gain in winter months, require that evergreen trees shall not be located such that mature trees would significantly shade windows on the south side of a residence; (2) deciduous trees shall be planted as needed to provide shading within 5 years of east-, west-, and south-facing glazing. The same provisions would guide architectural review of landscape plans by homeowner associations. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, during landscape plan check, and prior to issuance of a building permit for all project construction phases. Monitoring Actions: The Community Development Department and the Building Inspection Department shall review building plans to verify that the project proponent complies with the design features to protect solar access and promote use of solar energy. The Community Development Department shall conduct site visits to verify compliance with Mitigation Measure 13.1 during all project construction phases. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 155 December 1994 Standards for Success: Maximum feasible use of solar energy throughout the development. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Alligation Monitoring Program Country Club at Gale Ranch 156 December 1994 Impact: Operation-Related Residential Energy Consumption Mitigation Measure ■ 13.2: Include passive solar design. The developer shall comply with the CEC energy budget limits for the project area by using current CEC prescriptive packages. The developer shall indicate which package (or performance standard calculation) is being used during the building department plan checking process. Encourage placement of windows and shading elements to take advantage of passive solar opportunities. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check and prior to issuance of a building permit for all project construction phases. Monitoring Actions: The Community Development Department and the Building Inspection Department shall review building plans to verify that the project proponent complies with the CEC energy budget limits for the project area by using current CEC prescriptive packages and that placement of windows and shading element maximizes passive solar opportunities. The Community Development Department shall conduct site visits to verify compliance with Mitigation Measure 13.2 during all project construction phases. Standards for Success: Maximum feasible use of solar energy throughout the development. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by.the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Counhy Club at Gale Ranch 157 December 1994 Impact: Operation-Related Residential Energy Consumption Mitigation Measure ■ 13.3: Include fluorescent fixtures. In addition to the requirements for fluorescent lighting in kitchens and bathrooms as prescribed, regulated, and enforced by Title 24, all lighting fixtures in non-living spaces (i.e., closets, garages, utility rooms, or storerooms) shall accept fluorescent bulbs. This measure would not be included in the Title 24 compliance package for the home; it would be included as an additional conservation measure. Where appropriate, all homes shall initially be outfitted with fluorescent bulbs with color rendition similar to that of incandescent bulbs. This shall be a condition of tentative map approval and shall be verified before issuance of the occupancy permit. Implementing Party: Project proponent. Timms: Prior to issuance of a building permit and prior to issuance of a certificate of occupancy for all project construction phases. Monitoring Actions: The Community Development Department and the Building Inspection Department shall review building plans to verify that the project proponent will install lighting fixtures in non-living spaces (i.e., closets, garages, utility rooms, or storerooms) that accept fluorescent bulbs and that all homes shall initially be outfitted with fluorescent bulbs with color rendition similar to that of incandescent bulbs. Prior to issuance of certificates of occupancy, the Community Development Department shall conduct site visits to verify compliance with Mitigation Measure 13.3 during all project construction phases. Standards for Success: Maximum feasible use of fluorescent lighting throughout the development. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Countty Club at Gale Ranch 158 December 1994 Impact: Operation-Related Residential Energy Consumption Mitigation Measure ■ 13.4: Further reduce project energy use. Water-heating energy use shall be reduced by employing high-efficiency furnaces for water heating with 5% higher efficiency than required by Title 24. Project energy use would be reduced by 1-2%. Inclusion of this measure would not be part of Title 24 compliance but rather an additional conservation measure. Implementing Party: Project proponent. Timing: Prior to issuance of a building permit and prior to issuance of a certificate of occupancy for all project construction phases. Monitoring Actions: The Community Development Department and the Building Inspection Department shall review building plans to verify that the project proponent has specified use of high-efficiency furnaces for water heating. Prior to issuance of certificates of occupancy, the Community Development Department shall conduct site visits to verify compliance with Mitigation Measure 13.4 during all project construction phases. Standards for Success: Installation of high-efficiency furnaces for water heating throughout the development. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Country Club at Gale Ranch 159 December 1994 Impact: Operation-Related Residential Energy Consumption Mitigation Measure ■ 13.5: Heat all swimming pools built in the project area using solar heaters or initially equip pools with solar blankets. Implementing Party: Project proponent. Timin : Prior to issuance of a building permit and prior to issuance of certificates of occupancy for all project construction phases. Monitoring Actions: The Community Development Department and the Building Inspection Department shall review building plans to verify that the project proponent has specified use of solar heaters for swimming pools. Prior to issuance of certificates of occupancy, the Community Development Department shall conduct site visits to verify compliance with Mitigation Measure 13.5. Standards for Success: Installation of solar heaters or provision of solar blankets for pools throughout the project development. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Cotura Costa County Mitigation Monitoring Program Country Club at Gale Ranch 160 December 1994 Impact: Operation-Related Residential Energy Consumption Mitigation Measure ■ 13A Provide all new homeowners with a copy of the Home Energy Manual, as currently required by Title 24. The Home Energy Manual (California Energy Commission 1992) provides useful information to homeowners on a wide variety of energy-conserving features, designs, appliances, and practices. This manual shall be provided in the home as is any other home or appliance warranty documentation. Compliance shall be verified by the County before issuance of occupancy permits. Implementing Party: Project proponent. Timing: Prior to initial sale of homes and during all phases of project development when homes sales are occurring. Monitoring Actions: The project proponent shall submit a copy of the Home Energy Manual to the Community Development Department prior to the initial sale of homes; the project proponent shall include a guarantee that all homeowners will be provided with copies of the manual. The project proponent shall provide the Home Energy Manual to homeowners as part of a package of home or appliance warranty documentation. Standards for Success: Provision of Home Energy Manuals to homeowners at the time of home purchase. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Cotmtty Club at Gale Ranch 161 December 1994 Impact: Operation-Related Residential Energy Consumption Mitigation Measure ■ 13.7: Provide electric vehicle charging facilities. 'The developer shall provide within the garage area of all project homes a separate electrical circuit for charging electric vehicles. Implementing Party: Timing: Prior to issuance of a building permit and prior to issuance of a certificate of occupancy for all project construction phases. Monitoring Actions: The Community Development Department and the Building Inspection Department shall review building plans to verify that the project proponent has included specifications for installation of electric vehicle charging facilities in garages. Prior to issuance of certificates of occupancy, the Community Development Department shall conduct site visits to verify compliance with Mitigation Measure 13.7 during all project construction phases. Standards for Success: Installation of electric vehicle charging facilities in garages throughout the development. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Commy Club at Gale Ranch 162 December 1994 Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, during creek restoration plan check and applicable building plan checks during all project construction phases. Monitoring Actions: The Community Development Department shall review all improvement plan/grading plans, creek restoration plans applicable building plans submitted by the project proponent to verify that these plans avoid adversely affecting creek or wetland habitat in open space and parks and recreation use areas to the fullest extent possible. The Community Development Department and an independent outside biological resources consultant (if necessary) shall evaluate all applicable plans to determine if they implement the guidelines listed in Mitigation Measure 12.1. The Community Development Department shall conduct at least one site visit during each project construction phase to verify implementation of these measures. Standards for Success: Avoidance of development that would adversely affect creek or wetland habitat in open space and parks and recreation use areas to the fullest extent possible during all project construction phases. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Continents/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gate Ranch 136 December 1994 ... .... ,.�SN✓'..dre4CYdC�Lftic;:'drSddc:cs.v:;.w+r•z,..u.v _.;•U:rr•. .....c...._..._...,...c,c._.. . .. . ... Impact: Elimination or Degradation of Freshwater Marsh, Stock Pond, and Seasonal and Perennial Creek Habitat along Coyote Creek Mitigation Measure ■ 12.2: Minimize the creation of mosquito breeding conditions. The mosquito abatement district shall be included in wetland and riparian habitat restoration and enhancement planning. Recommendations from the abatement district will be used in wetland and riparian habitat design that will minimize the creation of mosquito breeding conditions and reduce the need for mosquito abatement activities. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check and creek restoration plan check during all project construction phases. Monitoring Actions: The Community Development Department shall review all improvement plan/grading plans, creek restoration plans applicable building plans submitted by the project proponent to verify that the mosquito abatement district has been consulted concerning wetland and riparian habitat restoration and enhancement planning and that their recommendations have been be used in wetland and riparian habitat design to minimize the creation of mosquito breeding conditions and reduce the need for mosquito abatement activities. The Community Development Department and an outside biological resources consultant (if necessary) shall evaluate all applicable plans. The County shall conduct on site visit during each project construction phase to verify implementation of these measures. Standards for Success: Minimization of conditions that would lead to mosquito breeding conditions and reduction in the potential need for mosquito abatement activities. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contin Costa County Mitigation Monitoring Program Country Club at Gale Ranch 137 December 1994 Impact: Elimination or Degradation of Freshwater Marsh, Stock Pond, and Seasonal and Perennial Creek Habitat along Coyote Creek Mitigation Measure ■ 12.3: Minimize the disturbance caused by mosquito abatement activities. The local mosquito abatement district shall minimize the disturbance caused by mosquito abatement activities in wetlands during periods of active wildlife breeding activities (March 15-July 15). If mosquito abatement is required during the breeding season, the mosquito abatement district shall conduct a wildlife survey to determine if sensitive wildlife species are present that could be disturbed (e.g., tricolored blackbirds and other colony-nesting species). If sensitive wildlife species are present and mosquito abatement is necessary, the mosquito abatement district shall contact DFG to determine the appropriate procedures. Implementing Party: Community Development Department. Timing: Ongoing requirements. Monitoring Actions: The Community Development Department shall establish contact with the mosquito abatement district to advise the district concerning the restriction in mosquito abatement activities specified in Mitigation Measure 12.3. The Community Development Department and an outside biological resources consultant (if necessary) shall evaluate the standard practices of the mosquito abatement district to determine if these activities would be conducted in such a way that sensitive wildlife species could be disturbed. If sensitive wildlife species could be disturbed the Community Development department shall contact DFG to determine the appropriate procedures and shall request that the mosquito abatement district incorporate these procedures into their regular activities at the project. Standards for Success: Minimization of disturbances to sensitive wildlife species. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Country Club at Gale Ranch 138 December 1994 Impact: Elimination or Degradation of Freshwater Marsh, Stock Pond, and Seasonal and Perennial Creek Habitat along Coyote, Creek Mitigation Measure 0 12A Prevent or compensate for rill activities in jurisdictional wetlands. The project proponent shall prevent dredge or fill activities in jurisdictional wetland areas or compensate for unavoidable loss of onsite freshwater marsh in consultation with DFG, USFWS, RWQCB,, and, the Army Corps as a condition of a Section 404 permit. To determine the extent and location of areas under Section 404 jurisdiction, a qualified wetland specialist shall complete the Army Corps verification of a wetland delineation of the site. Areas determined to be jurisdictional wetlands or other waters of the United States shall be protected from discharges of solid or liquid construction material by erecting barricades of hay bales, dikes, or silt fences upslope from the wetlands prior to construction. Proposed enhancement of riparian areas would provide some compensation for or elimination of impacts on wetlands; however, additional mitigation would likely be required to fully compensate for the loss of wetland habitat as a condition of a Section 404 permit. A qualified restoration ecologist shall be retained by the project proponent to develop and implement a wetland restoration plan in consultation with the Corps as a condition of a Section 404 permit. The plan shall specify the replacement acreages and values required to fully mitigate wetland impacts, including performance standards, length of monitoring, funding sources, timetable for implementation, locations and treatments prescribed for individual mitigation sites, and an assessment of expected results of treatments in meeting performance standards. The mitigation would be considered successful when acres and values have been replaced, the mitigation plantings no longer require active management, and the mitigation sites are protected in perpetuity. The following elements shall be included in the restoration plan: - the location, treatment, type, and form of planting stock appropriate for the region and wetland type mitigated; - salvage plans for wetland vegetation that will be affected by development of a source of seed or other propagation stock; - revegetation sites within protected nondevelopment buffer zones; and - monitoring requirements (typically annual or semiannual monitoring for 3 to 5 years) to ensure that plants have successfully established; and Contra Costa County Mitigation Monitoring Program Country Club at Gate Ranch 139 December 1994 remedial measures, such as replanting, enhancement, and control of exotic species that could be employed to ensure success of the mitigation effort. The following elements shall also be included for loss of stock pond habitat: A qualified restoration ecologist shall develop a wetland mitigation plan in consultation with the Corps as a condition of a Section 404 permit that specifies the location, size, and habitat values of replacement stock ponds. Stock pond habitats would be considered successfully mitigated when the eliminated acreage has been replaced, similar ecological conditions such as emergent vegetation have successfully established in the replacement ponds, and replacement ponds no longer require active management. The following elements shall also be included for the loss of perennial and seasonal creeks: - Determine appropriate compensation ratios and approaches in consultation with the Corps as a condition of a Section 404 permit. - Assess the effectiveness of proposed creek enhancement in replacing lost functions and values. If additional mitigation is required to fully compensate for loss of perennial and seasonal creeks, identify revegetation sites within protected nondevelopment buffer zones. - Monitor plantings semiannually for a minimum of 5 years to ensure that plants have successfully established. If establishment is unsuccessful, implement remedial measures, such as replanting, removal of escaped exotics, or enhancement of similar offsite occurrence. The Community Development Department shall ensure that the project proponents have complied with Section 404 of the Clean Water Act before issuing a grading permit. If the impact cannot be avoided, the project proponent shall fund preparation of a comprehensive wetland mitigation plan and begin implementation of the plan prior to construction. dementing Party: Project proponent. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 140 December 1994 l C 1 Timing: During improvement plan/grading plan check, during creek restoration plan check and applicable building plan checks during all project construction phases. Monitoring Actions: The Community Development Department shall review all improvement plan/grading plans, creek restoration plans applicable building plans submitted by the project proponent to verify that these plans are consistent with wetland restoration plan prepared by a qualified restoration ecologist and approved by the Corps as a condition of a Section 404 permit. The Community Development Department shall verify that the project proponents have complied with Section 404 of the Clean Water Act before issuing a grading permit. The Community Development Department and an independent outside biological resources consultant (if necessary) shall evaluate all applicable plans to determine if they implement the guidelines listed in Mitigation Measure 12.4. The Community Development Department shall conduct at least one site visit during each project construction phase to verify implementation of these measures. Standards for Success: Compliance with Section 404 of the Clean Water Act. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. i Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 141 December 1994 Impact: Loss of Wetlands and Willow Riparian Forest along West Branch of Alamo Creek Mitigation Measure ■ 12.5: Expand and implement the creek revegetation plan. Implement Mitigation Measures 12.1, 12.2, 12.3, and 12.4 and expand and implement the creek revege- tation plan to include the loss of wetland habitat and riparian habitat along West Branch of Alamo Creek. Expansion and implementation of the creek revegetation plan (LSA Associates 1992) shall be conducted to include the loss of these habitats associated with the realignment of Dougherty Road not included in the existing creek revegetation plan. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check and creek restoration plan check during all project construction phases. Monitoring Actions: The project proponent shall prepare and submit and expanded creek reve- getation plan to include the loss of wetland habitat and riparian habitat along West Branch of Alamo Creek. The Community Development Department and an independent outside biological resources consultant shall review all improvement plan/grading plans, creek restoration plans applicable building plans submitted by the project proponent to verify that these plans comply with the creek revegetation plan. Standards for Success: Compliance with expanded creek revegetation plan. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Counny Club at Gale Ranch 142 December 1994 Impact: Loss of Wetlands and Willow Riparian Forest along West Branch of Alamo Creek Mitigation Measure ■ 12.6: Compensate for loss of willow riparian forest. If elimination of willow riparian forest is unavoidable, the project proponent shall replace lost trees by planting stem cuttings for each tree eliminated. Stem cuttings shall be planted prior to construction in open space areas or other places that will be protected from further impacts, including livestock grazing and subsequent recreational use of open space areas. Plantings shall be placed as close as possible to the site of impact, and shall be collected from trees onsite or in the immediate vicinity of the Dougherty Valley area. Plantings shall be monitored and maintained semiannually by a qualified biologist or restoration specialist for a minimum of 5 years to ensure that the trees have successfully established. Remedial measures such as replanting, installation of temporary enclosures, or irrigation shall be employed if the plantings do not successfully establish during the monitoring period. Impacts on mature riparian forest would be considered successfully mitigated when plantings are successfully established and no longer require active management (e.g., watering). Implementing PartX: Project proponent. Timing: During improvement plan/grading plan check and creek restoration plan check during all project construction phases. Monitoring Actions: The Community Development Department shall review all improvement plan/grading plans, creek restoration plans applicable building plans submitted by the project proponent to verify that elimination of willow riparian forest is compensated by replacement of lost trees by planting stem cuttings for each tree eliminated. The Community Development Department and an independent outside biological resources consultant (if necessary) shall evaluate all applicable plans to determine if they implement the guidelines listed in Mitigation Measure 12.6. The Community Development Department shall inspect plantings semiannually for a minimum of 5 years to ensure that the trees have successfully established. Standards for Success: All willow riparian forest compensation areas shall be revegetated with cuttings within six months after final construction of that phase. Planting shall no longer require active management (e.g., watering) after 5 years. Contra Costa County Mitigation Monitoring Program Countty Club at Gale Ranch 143 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa Countv Mitigation Monitoring Program Courary Club at Gale Ranch 144 December 1994 Impact: Loss of Potential Breeding Burrowing Owl Habitat Mitigation Measure ■ 12.7: Avoid any nesting burrowing owls. The following measures shall be implemented to determine if the owls nest on the project site, and if so, to determine what measures need to be undertaken to protect the owls from construction activities and mitigate for the loss of breeding and foraging habitat. If the owls are found to nest on the project site, nesting habitat may be created in the open space area or off the project site to provide suitably protected burrows (possibly the land adjacent to and east of the Dougherty Valley area.) The owls may move to this area on their own or they may be relocated if necessary. Before any project-related construction begins, the project proponent shall conduct burrowing owl surveys in accordance with DFG's current protocol during winter and breeding season in the specific areas to be developed in the year that construction is planned to begin to determine owl numbers, locations, and breeding activities. If the owls do not remain on the project site during the breeding season, the following tasks need not be implemented. The project proponent would conduct burrowing owl surveys prior to issuance of a grading permit affecting,any grassland or alkali habitats. If the owls remain at the project site, the project proponent will submit the survey results and a mitigation plan for DFG review and approval, and, in consultation with DFG, agree to a combination of mitigation techniques to minimize the impacts. They may include: - artificial burrow creation, - owl relocation, or - habitat acquisition or enhancement. If the owls are nesting on the project site and DFG recommends additional measures, the project proponent will follow DFG guidelines. If the owls are threatened by construction activities and other management options are not available, the owls may need to be captured and relocated to protected areas on the project site, such as in an open space area (level or nearly level grasslands) or off the project site. Relocation is considered experimental and is not always successful (Johnson pers. comm.). Nesting burrowing owls are site-tenacious and often return to the original site after being relocated (Johnson pers. comm.). Relocation is also time consuming, expensive, and requires intensive manipulation of the owls. Therefore, relocation shall be used only as a last resort. Relocating the owls would require a permit from and coordination with DFG. Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 145 December 1994 Throughout construction and the life of the Project, no ground squirrel control programs will be permitted in the open space areas and mitigation areas. Ground squirrel control programs could kill burrowing owls or reduce nest burrow availability. The project proponent will complete the burrowing owl mitigation before the Building Inspection Department issues a grading permit. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check and creek restoration plan check during all project construction phases. Monitoring Actions: The Community Development Department shall verify that the project proponent has conducted burrowing owl surveys in accordance with DFG's current protocol prior to submittal of improvement plan/grading plans. If burrowing owls are present, the Community Development Department shall verify that a mitigation plan has been prepared by the project proponent and that it is approved by DFG before the Building Inspection Department issues a grading permit. The Community Development Department or an outside biological resources consultant shall conduct at least one site visit during each affected project construction phase to verify implementation of the mitigation plan. Standards for Success: Avoidance of mortality to burrowing owls. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Countty Club at Gale Ranch 146 December 1994 Impact: Loss of American Badger Breeding and Foraging Habitat. Mitigation Measures ■ 12.9 and 12.10: These measures are described below. (See description below under "Cumulative Impact: Regional Loss and Fragmentation of Annual Grassland Habitat for Wildlife and Special-Status Wildlife Species".) Implementing Party: Project proponent. Timing: During improvement plan/grading plan check during all project construction phases. Monitoring Actions: The Community Development Department shall monitor the implementation success of Mitigation Measures 12.9 and 12.10 to ensure that minimum loss of American Badger breeding and foraging habitat. Standards for Success: Successful implementation of Mitigation Measures 12.9 and 12.10. Contra Costa County Mitigation Monitoring Program Counity Club at Gale Ranch 147 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes If Connra Costa County Mitigation Monitoring Program Country Club at Gate Ranch 148 December 1994 Impact: Pollution of Coyote Creek by Fertilizers and Chemicals from the Golf Course Mitigation Measure ■ 12.8: Minimize golf course runoff into creek. The project proponent shall implement mitigation measures to minimize golf course runoff into the creek. - maintain a 50-foot buffer (average) on each side of Coyote Creek through the length of the golf course; - grading or irrigation in the buffer shall be permitted only with the approval of a revegetation specialist and the County; - include native plants in the plantings; - control stormwater and irrigation runoff onsite by planting dense turfgrass or hydroseeding grassy slopes; - develop retention basins in Coyote Creek to retain runoff; - grade slopes to direct runoff toward swales and away from the creek; - direct runoff with grassy swales into rough areas; and - construct subsurface drains to collect excess water and direct it toward grassy swales. Prior to approval of the final map, the, Community Development Department shall verify that the final grading and improement plans for the proposed golf course are designed to minimize flow into the creek. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, during creek restoration plan check and applicable building plan checks during all project construction phases. Monitoring Actions: The Community Development Department shall review all improvement plan/grading plans, creek restoration plans applicable building plans submitted by the project proponent to verify that these plans implement the measures to minimize golf course runoff into the creek specified in Mitigation Measure 12.8. The Community Development Department shall conduct at least one site visit during each project construction phase to verify implementation of these measures. Contra Costa County Mitigation Monitoring Program Countty Club at Gale Ranch 149 December 1994 Standards for Success: Minimization of direct runoff from the golf course into the creek. Monitorine Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Cotaztry Club at Gale Ranch 150 December•1994 Cumulative Impact: Regional Loss and Fragmentation of Annual Grassland Habitat for Wildlife and Special-Status Wildlife Species Mitigation Measure ■ 12.9: Reduce grazing intensity on grasslands. The project proponent shall manage existing grasslands in the proposed open space areas and in adjoining property under its control to reduce overall grazing intensity at the site by meeting or exceeding minimum management recommendations for leaving residual dry matter (RDM), as described for annual grasslands in the U.S. Forest Service's Range Environmental Analysis Handbook. The grasslands appear to have been grazed at levels exceeding the recommended RDM standards. A qualified range ecologist and a wildlife biologist shall prepare specific management recommendations for the open space areas. These recommendations shall include permissible animal-unit months and vegetative cover requirements to minimize erosion and groundwater impacts. These recommendations shall be submitted to and approved by the County Community Development Department before approval of final subdivision maps adjacent to the areas to be grazed. A net reduction in grazing intensity is expected to have a beneficial impact on botanical and wildlife resources by increasing overall vegetative cover and improving plant species diversity, but this measure does not fully compensate for the cumulative loss of grassland habitat, nor does it compensate for fragmentation and isolation of remaining grassland habitat. Implementing Party: Project proponent. Timing: Prior to approval of Final Maps in all project construction phases. Monitoring Actions: The Community Development Department shall verify that the project proponent has completed specific management recommendations for the open space areas prepared by a qualified range ecologist and a wildlife biologist: that implement the measures specified in Mitigation Measure 12.9. The Community Development Department or an outside biological resources consultant shall conduct at least one site visit at the conclusion of project construction to verify implementation of the open space management recommendations. Standards for Success: Grazing intensity on open space areas shall meet or exceed minimum management recommendations for leaving residual dry matter (RDM), as described for annual grasslands in the U.S. Forest Service's Range Environmental Analysis Handbook. Contra Costa County Mitigation Monitoring Program Cowin y Club at Gale Ranch 151 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Countty Club at Gale Ranch 152 December 1994 Cumulative Impact: Regional Loss and Fragmentation of Annual. Grassland, Habitat for Wildlife and Special-Status Wildlife Species Mitigation Measure ■ 12.10: Minimize loss of grassland habitat. In its implementation of the Land Use Preservation Plan, the County shall seek to limit the loss of grassland habitat and to maintain large tracts of foraging and breeding habitat by protecting the properties located outside of the urban limit line in this area from development. In approving development in large undeveloped areas within the urban limit line, the County shall preserve important wildlife movement corridors between open space areas.. Implementing Party: Community Development Department. Timing: At yearly intervals prior to project completion. Monitoring Actions: The Community Development Department shall provide a staff memorandum to the Board of Supervisors that reports on the County's progress in implementing the Land Use Preservation Plan and efforts to limit regional loss of grassland habitat and maintain large tracts of foraging and breeding habitat by protecting the properties located outside of the urban limit line from development. This report shall also identify the extent of development applications in large undeveloped areas within the urban limit line that are currently being considered for approval by the County and opportunities to preserve important wildlife movement corridors between open space areas. Standards for Success: Reduced rate of regional loss and fragmentation of annual grassland habitat for wildlife and special-status wildlife species. Contra Costa County Mitigation Monitoring Program County Club at Gale Ranch 153 December 1994 Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County ;Mitigation,Monitoting Program Cowitty Club at Gale Ranch 154 December 1994 Impact: Operation-Related Residential Energy Consumption Mitigation Measure ■ 13.1: Protect solar access. Each tentative map for residential development shall incorporate design features, wherever feasible, to protect solar access. Heating and cooling needs constitute 30% of residential energy usage (California Energy Commission 1992). For the Project, this amounts to, 18,605 therms per month for the 1,216 residential units proposed. Protecting solar access and using orientation and vegetation to reduce the heating and cooling requirements of the structures would substantially reduce energy usage. Tentative maps shall include the following elements: Multifamily building envelope location and building height shall be varied to avoid excessive winter shading of south-facing facades, where feasible. Building envelope location or setback of single family homes shall be varied to avoid excessive winter shading of south-facing facades, where feasible. Include provisions to control landscaping, including the locations and types of vegetation existing or to be provided on the lots. For developer- installed landscaping, (1) to allow solar gain in winter months, require that evergreen trees shall not be located such that mature trees would significantly shade windows on the south side of a residence; (2) deciduous trees shall be planted as needed to provide shading within 5 years of east-, west-, and south-facing glazing. The same provisions would guide architectural review of landscape plans by homeowner associations. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check, during landscape plan check, and prior to issuance of a building permit for all project construction phases. Monitoring Actions: The Community Development Department and the Building Inspection Department shall review building plans to verify that the project proponent complies with the design features to protect solar access and promote use of solar energy. The Community Development Department shall conduct site visits to verify compliance with Mitigation Measure 13.1 during all project construction phases. Contra Costa County Mitigation Monitoring Program Coutltty Club at Gale Ranch 155 December 1994 Standards for Success: Maximum feasible use of solar energy throughout the development. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes i Contra Costa County Mitigation Monitot•ing Program Comiuy Club at Gale Ranch 156 December 1994 Impact: Operation-Related Residential Energy Consumption Mitigation Measure ■ 13.2: Include passive solar design. The developer shall comply with the CEC energy budget limits for the project area by using current CEC prescriptive packages. The developer shall indicate which package (or performance standard calculation) is being used during the building department plan checking process. Encourage placement of windows and shading elements to take advantage of passive solar opportunities. Implementing Party: Project proponent. Timing: During improvement plan/grading plan check and prior to issuance of a building permit for all project construction phases. Monitoring Actions: The Community Development Department and the Building Inspection Department shall review building plans to verify that the project proponent complies with the CEC energy budget limits for the project area by using current CEC prescriptive packages and that placement of windows and shading element maximizes passive solar opportunities. The Community Development Department shall conduct site visits to verify compliance with Mitigation Measure 13.2 during all project construction phases. Standards for Success: Maximum feasible use of solar energy throughout the development. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Conp'a Costa County Mitigation Monitoring Progrant Coanuv Club at Gale Ranch 157 December 1994 Impact: Operation-Related Residential Energy Consumption Mitigation Measure ■ 13.3: Include fluorescent fixtures. In addition to the requirements for fluorescent lighting in kitchens and bathrooms as prescribed, regulated, and enforced by Title 24, all lighting fixtures in non-living spaces (i.e., closets, garages, utility rooms, or storerooms) shall accept fluorescent bulbs. This measure would not be included in the Title 24 compliance package for the home; it would be included as an additional conservation measure. Where appropriate, all homes shall initially be outfitted with fluorescent bulbs with color rendition similar to that of incandescent bulbs. This shall be a condition of tentative map approval and shall be verified before issuance of the occupancy permit. Implementing Party: Project proponent. Timing: Prior to issuance of a building permit and prior to issuance of a certificate of occupancy for all project construction phases. Monitoring Actions: The Community Development Department and the Building Inspection Department shall review building plans to verify that the project proponent will install lighting fixtures in non-living spaces (i.e., closets, garages, utility rooms, or storerooms) that accept fluorescent bulbs and that all homes shall initially be outfitted with fluorescent bulbs with color rendition similar to that of incandescent bulbs. Prior to issuance of certificates of occupancy, the Community Development Department shall conduct site visits to verify compliance with Mitigation Measure 13.3 during all project construction phases. Standards for Success: Maximum feasible use of fluorescent lighting throughout the development. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoting Program Cormtty Club at Gale Ranch 158 December 1994 Impact: Operation-Related Residential Energy Consumption Mitigation Measure ■ 13.4: Further reduce project energy use. Water-heating energy use shall be reduced by employing high-efficiency furnaces for water heating with 5% higher efficiency than required by Title 24. Project energy use would be reduced by 1-2%. Inclusion of this measure would not be part of Title 24 compliance but rather an additional conservation measure. Implementing Party: Project proponent. Timing: Prior to issuance of a building permit and prior to issuance of a certificate of occupancy for all project construction phases. Monitoring Actions: The Community Development Department and the Building Inspection Department shall review building plans to verify that the project proponent has specified use of high-efficiency furnaces for water heating. Prior to issuance of certificates of occupancy, the Community Development Department shall conduct site visits to verify compliance with Mitigation Measure 13.4 during all project construction phases. Standards for Success: Installation of high-efficiency furnaces for water heating throughout the development. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Nanre Signature Date Comments/Notes Corina Costa Count), Mitigation Monitoring Program Country Club at Gale Ranch 159 December 1994 Impact: Operation-Related Residential Energy Consumption Mitigation Measure ■ 13.5: Heat all swimming pools built in the project area using solar heaters or initially equip pools with solar blankets. Implementing Party: Project proponent. Timin : Prior to issuance of a building permit and prior to issuance of certificates of occupancy for all project construction phases. Monitoring Actions: The Community Development Department and the Building Inspection Department shall review building plans to verify that the project proponent has specified use of solar heaters for swimming pools. Prior to issuance of certificates of occupancy, the Community Development Department shall conduct site visits to verify compliance with Mitigation Measure 13.5. Standards for Success: Installation of solar heaters or provision of solar blankets for pools throughout the project development. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitoring Program Countty Club at Gale Ranch 160 December 1994 Impact: Operation-Related Residential Energy Consumption Mitigation Measure ■ 13.6: Provide all new homeowners with a copy of the Home Energy Manual, as currently required by Title 24. The Home Energy Manual (California Energy Commission 1992) provides useful information to homeowners on a wide variety of energy-conserving features, designs, appliances, and practices. This manual shall be provided in the home as is any other home or appliance warranty documentation. Compliance shall be verified by the County before issuance of occupancy permits. Implementing Party: Project proponent. Timing: Prior to initial sale of homes and during all phases of project development when homes sales are occurring. Monitoring Actions: The project proponent shall submit a copy of the Home Energy Manual to the Community Development Department prior to the initial sale of homes; the project proponent shall include a guarantee that all homeowners will be provided with copies of the manual. The project proponent shall provide the Home Energy :Manual to homeowners as part of a package of home or appliance warranty documentation. Standards for Success: Provision of Home Energy Manuals to homeowners at the time of home purchase. j Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Continents/Notes Contra Costa County Mitigation Monitoring Program Country Club at Gale Ranch 161 December 1994 Impact: Operation-Related Residential Energy Consumption Mitigation Measure ■ 13.7: Provide electric vehicle charging facilities. The developer shall provide within the garage area of all project homes a separate electrical circuit for charging electric vehicles. Implementing Party: Timing: Prior to issuance of a building permit and prior to issuance of a certificate of occupancy for all project construction phases. Monitoring Actions: The Community Development Department and the Building Inspection Department shall review building plans to verify that the project proponent has included specifications for installation of electric vehicle charging facilities in garages. Prior to issuance of certificates of occupancy, the Community Development Department shall conduct site visits to verify compliance with Mitigation Measure 13.7 during all project construction phases. Standards for Success: Installation of electric vehicle charging facilities in garages throughout the development. Monitoring Record: Steps to implement the monitoring actions are to be signed off and dated by the monitor. Monitor's Name Signature Date Comments/Notes Contra Costa County Mitigation Monitotvtg Program Country Club at Gale Ranch 162 December 1994 u STATEMENT OF FINDINGS AND OVERRIDING CONSIDERATIONS, AND CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT ADOPTED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DECEMBER 20, 1994 CONTRA COSTA COUNTY BOARD OF SUPERVISORS COUNTRY CLUB AT GALE RANCH PROJECT RECEIVED UL'C 2 01994 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. � � � %�� . , \%!/�� __�� r . : \ � . $ � . � \ :a2\�:s �,�. « 2» &J� � �` m. y� .p « » e. f . _��,�- ,�, �y�z�_�: . CONTENTS SECTION 1: OVERVIEW............................................................................................. 1 (a) Purpose of Findings...................................................................................... 1 (b) The Applicant and the Project.....................................:................................ 1 (c) Planning History and Relationship to the Dougherty Valley Specific Plan.......................................................................................................... 2 (d) Consistency with General Plan and Specific Plan........................................ 4 (e) Settlement Agreement.................................................................................. 4 (f) Record of Proceedings.:................................................................................ 4 (g) Severability.............................................................:..................................... 5 SECTION2. CEQA........................................................................................................ 5 (a) Overview...................................................................................................... 5 (b) EIR Process.................................................................................................. 5 (c) Certification of the EIR................................................................................ 6 (d) Facts and Findings Relating to Project Impacts............................................ 7 (ii) Findings Regarding Potentially Significant Impacts That Will Be Avoided or Reduced to a Less-Than-Significant Level By the Imposition of Mitigation Measures.................................. 7 A. General Statement.................................................................. 7 B. Land Use ................................................................................ 7 C. Growth Management and Policy Compliance ....................... 9 D. Traffic and Circulation........................................................... 9 E. Noise....................................................................................... 18 F. Public Services and Utilities................................................... 19 G. Geology and Soils.................................................................. 23 H. Visual Quality........................................................................ 26 I. Biological Resources............................................................... 28 J. Energy Conservation............................................................... 30 K. Hydrology and Water Quality................................................ 30 L. Cultural Resources.................................................................. 33 (iii) Findings Regarding Potentially Significant Impacts That Can be Avoided or Reduced to a Less-Than-Significant Level by the Adoption or Imposition of Mitigation Measures by Another Jurisdiction..................................................................... 33 A. Public Facilities...................................................................... 33 B. Visual Quality ........................................................................ 35 (iii) Findings Regarding Impacts Found to Be Less Than Significant or Beneficial.............................................................. 36 A. General Statement.................................................................. 36 B. Land Use ................................................................................ 36 C. Traffic and Circulation........................................................... 36 D. Air Quality............................................................................. 39 E. Noise....................................................................................... 40 F. Public Services and Utilities................................................... 40 G. Biological Resources.............................................................. 42 H. Energy Conservation............................................................... 42 I. Housing, Population, and Employment................................... 42 (iv) Findings Relating to Impacts That Cannot Be Reduced to a Less Than Significant Level ........................................................ 44 A. General Statement.................................................................. 44 B. Traffic and Circulation............................................................ 44 C. Air Quality.............................................................................. 46 D. Noise...................................................................................... 48 E. Public Services and Utilities................................................... 49 F. Geology and Soils................................................................... 50 G. Visual Quality........................................................................ 51 H. Biological Resources.............................................................. 53 I. Energy Conservation............................................................... 54 J. Hydrology and Water Quality................................................. 54 (v) Findings Relating to Alternatives..................................................... 56 A. The Alternatives Described in the EIR................................. 56 B. The Mitigation Measures Imposed on the Project Will Reduce the Environmental Impacts to An AcceptableLevel.............................................................. 56 C. No-Project Alternative.......................................................... 56 C. Reduced Density Alternative ................................................ 56 D. Valley Development/Reduced Grading Alternative .............. 57 E. Increased Dwelling Unit Alternative...................................... 58 F. Non-Residential Alternative................................................... 59 G. Shoreline Drive Collector Alternative ................................... 60 (vi) Statement of Overriding Considerations.......................................... 60 SECTION 1:. OVERVIEW (a) Purpose of Findings The findings set forth below("Findings") are made and adopted by this Contra Costa County Board of Supervisors relating to the Project(as defined by CEQA) described as Country Club at Gale Ranch("CCGR"). The Findings are made in satisfaction of state and local requirements governing the review, analysis, consideration, certification and approval of the Project, and its environmental,planning, zoning and development documentation. The Findings also provide the written analysis and conclusions of this Board regarding the Project. The Findings are divided into three.general sections: Section 1: Overview describes the project and its planning and procedural history. Section 2: CEQA contains the facts, findings and overriding considerations required under the California Environmental Quality Act. Section 3: Approvals contains additional findings and conclusions related to the Project approvals. The Findings will include references to other materials, such as the Master List of Mitigation Measures, and the Draft and Final Environmental Impact Report("DEIR" "FEIR") for the Project, which are either attached to these findings or are readily available from the County. _ (b) The Applicant and the Project The Applicant is Shapell Industries of Northern California. The proposed Project is described fully at pages 3-1 to 3-8 of the DEIR, as modified (see pp. 1II-3 to III-4 of the FEIR). Essentially, the CCGR Project is a 1,216-unit subdivision comprised of single-family and multi- family units, an 18-hole golf course, parks, a church site and 114.3 acres of unimproved open space on 618 acres of vacant land in south-central Contra Costa County, contiguous to several developed areas in the City of San Ramon. The Applicant has submitted for consideration and approval the following applications: • General Plan Amendment • Rezoning from A-80 to P-1 and Preliminary Development Plan • Final Development Plan • Vesting Tentative Subdivision Map • Development Agreement The DEIR and FEIR for the Project were intended to supply the required environmental review for those applications as well as for the formation of a County Service Area, and the anticipated annexation of the Project into the City of San Ramon. (c) Planning History and Relationship to the Dougherty Valley Specific Plan The Country Club at Gale Ranch(CCGR) Project was initially being processed as the first phase of the Dougherty Valley project. The Dougherty Valley Project was comprised of a general plan amendment and specific plan for approximately 6,000 acres in the Dougherty Valley. The Specific Plan provided for up to 11,000 units of housing, approximately 530,000 square feet of retail, service office and civic uses, and over 3,000 acres of open space,parks and recreational areas. After environmental review,the Dougherty Valley general plan amendment and specific plan were adopted by the County in December, 1992. The Dougherty Valley Project,approvals and their supporting FEIR were challenged in two lawsuits brought by various local agencies and entities. These resulted in a ruling from the trial court that the EIR failed adequately to address the issues of water supply and wastewater capacity for the Dougherty Valley project. The court also ruled that the impacts on approximately nine oak trees in the area were not sufficiently described in the EIR. Finally, The court concluded that the Dougherty Valley general plan amendment rendered the County General Plan internally inconsistent because the amendment did not include assurance of a water supply or a wastewater service provider. In all other respects, the adoptions of the general plan amendment and specific plan were determined to be legally adequate. As a result of that ruling,the trial court ordered that the Dougherty Valley Specific Plan and General Plan Amendment be vacated. However, the decisions in both cases. have been appealed. Consequently,the trial court's order is stayed by operation of law until the cases have been decided by the appellate court. After the preliminary ruling was issued in the court challenge,the Applicant amended its applications for CCGR to include a general plan amendment, a study for which was approved and initiated by Board order on June 21, 1994. The County considered whether it would be appropriate to go forward with environmental review and processing of an application for an area which comprised a portion of the original Dougherty Valley project, and concluded that separate processing of the CCGR applications would be appropriate for several reasons. First, the issues relating to water supply, wastewater disposal capacity and oak tree impacts do not apply to the CCGR Project in the same way as they apply to the Dougherty Valley project. As noted in the Public Services and Utilities Chapter of the DEIR,the CCGR Project site,unlike the balance of the Dougherty Valley area, lies within both the EBMUD water district and the Central Contra Costa Sanitary District. Further,no oak trees are located on the CCGR Project site. Accordingly, the issues upon which the court disapproved the Dougherty Valley EIR have no direct bearing on this Project, and there would be no claimed inconsistency with General Plan policies relating to the identification of water and wastewater treatment providers. 2 Second, the trial court's decision on the Dougherty Valley project does not preclude the County from processing other applications for that area. It is within the discretion of the County to consider any applications for development of undeveloped land within the Urban Limit Line depicted in the General Plan. Nor would it be in the County's or the public's interest to preclude the processing of proposals for the development of much-needed housing, particularly in areas already within service districts. Third, from a land use planning standpoint, the CCGR Project may be considered self-contained; it does not depend for its successful accomplishment upon the approval, existence or implementation of the Dougherty Valley General Plan Amendment or Specific Plan. Nor does the environmental review of the CCGR project depend in any way upon the validity of the prior EIR for the Dougherty Valley Specific Plan. In short,the CCGR Project is separate and independent from the Dougherty Valley project, with its own identity, utility and benefits. Fourth,the County gave due consideration to concerns that might be raised as to whether the EIR for the CCGR Project would somehow understate the potential.impacts of what might be described as the "larger" Dougherty Valley project. The concern over segmentation or "piecemealing" the environmental review of a project has been addressed in various court decisions under CEQA, which caution local agencies not to limit environmental review to a piece of a project that will likely result in a larger or different project which should be reviewed in its entirety. This problem, however, is not present here,primarily because the "larger" Dougherty Valley project is not and cannot be the consequence of the CCGR Project, since its preparation, environmental review, and approval predated the CCGR Project. Moreover, the prior environmental review of the Dougherty Valley Project will either be found adequate by the Court of Appeal and/or State Supreme Court, or, if found to be deficient, must be corrected before the Dougherty Valley Specific Plan is reconsidered. In either case complete and legally adequate environmental review of the potential impacts of any future Dougherty Valley general plan amendment or specific plan is assured before that Project may proceed. Finally, although the future of the Dougherty Valley Project is uncertain as a result of the pending legal challenge, the EIR treats the balance of the Dougherty Valley Project as a reasonably foreseeable future project for purposes of the cumulative impacts analysis. The cumulative impacts analysis accordingly includes an analysis of the cumulative impacts of the Dougherty Valley Project as defined in the Dougherty Valley Specific Plan. Inclusion of the rest of the Dougherty Valley Project within the cumulative impacts analysis is designed to ensure that the impacts of the CCGR Project are considered in light of the fact that it is reasonably foreseeable that the balance of the Dougherty Valley Project may proceed at some future date depending on the outcome of the legal actions, and the responses to the final court rulings. Although the CCGR Project was designed to be consistent with the Dougherty Valley Specific Plan, neither the Project proponents nor the decision makers were precluded from making changes to the proposed Project or amending the Specific Plan. Because this Project was intended to and does present an independent proposal to be considered on its own 3 merits, it was subject to the same complete planning review and approval process as any other similar applications. (d) Consistency with General Plan and Specific Plan Based on the Record,this Board finds that the Country Club at Gale Ranch Project, and its related approvals, including the Rezoning and Preliminary Development Plan, Subdivision Map, Development Agreement and Final Development Plan,together with the provisions for its design and improvement, are consistent with the General Plan and the Dougherty Valley Specific Plan. (e) Settlement Agreement In the course of the above-described litigation,the Town of Danville and the City of San Ramon entered into an agreement dated May 11, 1993, with the Applicant,the County of Contra Costa and Windemere to settle their lawsuit challenging the Dougherty Valley Specific Plan. ("Settlement Agreement") This Agreement contains a number of provisions describing performance standards and financing requirements for any development proposed in the Dougherty Valley area. The CCGR Project comes within the terms of the Settlement Agreement. Pursuant to the terms of that Agreement, and prior to approval of the project, this Board must find, and does find,that the Project complies with the applicable terms and conditions of the Settlement Agreement. (f) Record of Proceedings The record upon which this Board makes its Findings and determinations includes, but is not limited to the following: The Contra Costa County General Plan and the Contra Costa County Code. All applications, plans and designs submitted by the applicant in connection with the Project. The DEIR, FEIR, appendices, and technical reports cited in the EIR. All County staff reports relating to the EIR and the applications for the Project. All other public reports and documents prepared for the Board,the Planning Commission and/or the County staff relating to the Project or its EIR. All documentary and oral evidence received at public hearings or submitted to the County during the comment period relating the Project or its EIR. The Mitigation Monitoring Program for the Project. 4 The Settlement Agreement dated May 11, 1994, referred to above, and All matters of common knowledge to this Board, including,but not limited to the County's fiscal and financial status, County policies and regulations, reports,projections and correspondence related to development within and surrounding the County; state laws and regulations and publications, including reports and guidelines published by the Association of Bay Area Governments,the California Department of Housing and Community Development and the California Office of Planning and Research. The documents described above are located in the offices of the Department of Community Development, 651 Pine Street, 2d Floor,North Wing, Martinez, California. The custodian of these documents is the Director of Community Development or his designee. (g) Severability If any term, provision or portion of these Findings or the application of same to a particular situation is held by a court of competent jurisdiction to be invalid, void or unenforceable,the remaining provisions of these Findings, or the application of same to other situations, shall continue in full force and effect unless amended or modified by the County. SECTION 2. CEQA (a) Overview Section 2 addresses the action the County must take pursuant to the California Environmental Quality Act,the CEQA Guidelines and the local (County) regulations promulgated thereunder(collectively "CEQA"). (b) EIR Process The County prepared an Initial Study to determine whether an environmental impact report or a negative declaration should be prepared for the Project. The Initial Study indicated that the Project could have significant adverse environmental impacts, and the County accordingly determined that an EIR was necessary. On June 22, 1994, the County issued a Notice of Preparation of Environmental Impact Report for the proposed Country Club at Gale Ranch, in response to which several letters were received. A public scoping session was conducted on July 21, 1994 to identify environmental issues and provide additional opportunity for the public to participate in the development of the scope of the EIR. The Draft EIR was published for public review and comment on August 5, 1994, and was filed with the Sate Office of Planning& Research under State Clearinghouse No. 93081082. The DEIR was available for review and comment by concerned citizens and public agencies for a period of 45 days, through and including September 19, 1994. This Board delegated to the Zoning Administrator the responsibility of holding the hearing on the DEIR, which duly noticed hearing was held on September 12, 1994. 5 The County prepared written responses to the comments received during the comment period and at the public hearing. The comments and responses, as well as some modifications to the DEIR, were published and made available to the public on October 25, 1994, in a volume entitled "Final Environmental Impact Report." A public hearing was held by the County Zoning Administrator on November 7, 1994. After reviewing all available testimony and evidence in the record,the comments on the draft EIR the County's responses to the comments, and the modifications to the DEIR,the Zoning Administrator recommended that the EIR be certified as having been completed in accordance with CEQA. For purposes of these Findings, the EIR consists of. the Initial Study,the Notice of Preparation,the DEIR, the FEIR, all appendices to the DEIR and FEIR and all documents incorporated by reference in these documents. Portions of the EIR are based upon a number of technical studies which are not specifically incorporated into the EIR but which are referred to therein and which comprise a part of the record upon which these Findings are based. (c) Certification of the EIR In adopting these Findings, this Board certifies that the EIR has been completed in compliance with CEQA and that it was presented to this Board, which reviewed and considered the information in the EIR prior to approving the Project. By these-findings,this Board ratifies and adopts the analysis, explanations, findings and conclusions of the EIR as set.forth in these findings, except where such conclusions are specifically modified by these Findings. The EIR and these findings represent the independent judgment of this Board. In so certifying,this Board recognizes that the FEIR contains additions, clarifications, modifications or other changes in response to public comments submitted on the DEIR. The new information, changes and additional data contained in the FEIR are not significant; they do not include any new significant environmental impact that would result from the project or from a new mitigation measure and they do not reflect any substantial increase in the severity,of an environmental impact. No feasible project alternative or mitigation measure considerably different from others previously analyzed has been proposed that would clearly lessen the significant environmental impacts of the project. This.Board also recognizes that there may be differences between or among the different sources of information and opinions offered in the documents,testimony and comments that make up the FEIR and the administrative record as a whole. Experts and others can disagree, and this Board bases its decisions and these Findings on its independent judgment of that substantial evidence in the record which it finds most compelling. These Findings, and the Mitigation Measures set forth in Attachment 1 to these Findings and incorporated by reference, are the operative Findings and Mitigation Measures for this Project, and the EIR shall be deemed to be certified subject to the determinations reached by this Board in these Findings. The Mitigation Measures for which the Project proponent is responsible have been incorporated into conditions of approval for the Project and also serve as the basis for the 6 Mitigation Monitoring Program, adopted concurrently with this certification, which will govern the enforcement and implementation of the Mitigation Measures. In some instances,the wording of the conditions of approval is different from the wording of the Mitigation Measures, or is supplemented by the monitoring mechanisms contained in the Mitigation Monitoring Program. Based on the Record,this Commission finds that, despite differences in wording,the Mitigation Measures are fully implemented through the conditions of approval and the Mitigation Monitoring Program. If,through a clerical error, one or more of the Mitigation Measures for which the Project proponent is responsible is not embodied in a condition of approval or other enforcement mechanism,the Mitigation Measure is deemed adopted as a requirement to be implemented with development of the Project. Some of the conditions of approval require improvements, payments or other actions by the Project proponent that are not called for in the Mitigation Measures and are not required under these findings. Those conditions are independent conditions unrelated to the environmental impacts identified in the EIR, and are not adopted pursuant to these CEQA findings. (d) Facts and Findings Relating to Project Impacts (ii) Findings Regarding Potentially Significant Impacts That Will Be Avoided or Reduced to a Less-Than-Significant Level By the Imposition of Mitigation Measures. A. General Statement The facts and Findings (set forth under each potential impact identified below) do not repeat the full discussions of impacts and mitigation measures contained in the documents making-up the EIR and administrative record. Instead, the facts provide a brief summary description of the impacts, along with a reference to the portions of the DEIR and the FEIR which describes in detail the setting and the potential impacts. The Findings that follow the facts then reference the specific mitigation measures for such project impacts. The Mitigation Measures are set forth in full in Attachment 1 to these Findings, and are incorporated herein by this reference. B. Land Use Impact. Potential Incompatibility with Adjacent Residential Land Uses Facts The Project's impacts on land use in general are discussed in Chapter 4 of the DEIR. The Project's impacts on potential land use incompatibility, related to the difference in the numbers and types of residences that would be located in proximity to each other, are 7 discussed at pages 4-9 to 4-10 of the DEIR and at pages L3-3, II-10, L8-1, II-44, L9-4, L9-5, and II-50 of the FEIR.' Findings Based upon the Record,this Board finds that the Project's impacts relating to the potential land use incompatibility will be mitigated to a level of insignificance by the imposition of Mitigation Measure.4.1, set forth in Attachment 1 to these Findings. C. Growth Management and Policy Compliance Impact: Potential Inconsistency with Performance Standards Contained in the General Plan Growth Management Element Facts The Growth Management Element sets performance standards for new development to contribute to the improvement of a variety of public facilities. The Project's impacts on growth management in general are discussed in Chapter 5 of the DEIR. The Project's impacts on potential inconsistency with Growth Management Element performance standards is discussed at pages 5-4 to 5-5 of the DEIR and at pages L5-1, and II-29 of the FEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to the potential land use incompatibility will be mitigated to a level of insignificance by the imposition of Mitigation Measures 9.8, 9.10, and 9.11, set forth in Attachment 1 to these Findings. D. Traffic and Circulation Impact: Degradation of Operations at the Camino Ramon/Crow Canyon Road Intersection Facts The Project's impacts on traffic in general are discussed in Chapter 6 of the DEIR. The Project's impacts on conditions at the intersection of Camino Ramon and Crow Canyon t Pages in the comment letters included in the FEIR are not numbered consecutively with the pages presenting responses. Each letter is numbered and the pages within the letter are numbered. Thus, Letter 3,with pages numbered 1-15, is followed by responses on pages Il-8 to II-24. Pages from letters are listed as, for example, "18-1," meaning the first page of Letter No. 8. Pages from both letters and responses are listed in the order in which they appear in the FEIR. 8 Road is discussed at page 6-16 of the DEIR and at pages L3-4, II-12, L5-1, L5-2, II-29, L7-1, . L7-2, II-40, Table 2-1 (p.1), and III-8 of the FEIR. Findings Based-upon the Record, this Board finds that the Project's impacts relating to degradation of conditions at the intersection of Camino Ramon and Crow Canyon Road will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.1, set forth in Attachment 1 to these Findings. Impact. Degradation of Operations at the Camino Ramon/Bollinger Canyon Road Intersection Facts The Project's impacts on traffic in general are discussed in Chapter 6 of the DEIR. The Project's impacts on conditions at the intersection of Camino Ramon and Bollinger Canyon Road are discussed at page 6-17 of the DEIR and at pages U-5,11-12,L7-1, U-2,11-40, and III-9 of the FEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to conditions at the intersection of Camino Ramon and Bollinger Canyon Road will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.2, set forth in Attachment 1 to these Findings. Impact. Degradation of Operations at the Alcosta Boulevard/Bollinger Canyon Road Intersection Facts The Project's impacts on traffic in general are discussed in Chapter 6 of the DEIR. The Project's impacts on conditions at the intersection of Alcosta Boulevard and Bollinger Canyon Road are discussed at page 6-17 of the DEIR and at pages L3-5, II-12, L7-1, L7-2, II-40, Table 2-1 (p.1),and III-9 of the FEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to conditions at the intersection of Alcosta Boulevard and Bollinger Canyon Road will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.3, set forth in Attachment 1 to these Findings. 9 Impact. Degradation of Operations at the Dougherty Road/Bollinger Canyon Road Intersection Facts The Project's impacts on traffic in general are discussed in Chapter 6 of the DEIR. The Project's impacts on conditions at the intersection of Dougherty Road and Bollinger Canyon Road are discussed at page 6-18 of the DEIR and at pages L7-1,U-2, 11-40, and II-74 of the FEIR. Findings Based upon the Record, this Board finds that the Project's impacts relating to conditions at the intersection of Camino Ramon and Bollinger Canyon Road will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.4, set forth in Attachment 1 to these Findings. Impact: Degradation of Operations on Dougherty Road between Old Ranch Road and Austin Creek Avenue Facts The Project's impacts on traffic in general are discussed in Chapter 6 of the DEIR. The Project's impacts on conditions on Dougherty Road between Old Ranch Road and Austin Creek Avenue are discussed at page 6-19 of the DEIR and at pages L3-5, U-1, 11-12, 11-13, and II-40 of the FEIR. Findings Based upon the Record, this Board finds that the Project's impacts relating to conditions on Dougherty Road between Old Ranch Road and Austin Creek Avenue will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.5, set forth in Attachment 1 to these Findings. Impact. Need for Traffic Signals at Offsite Intersections Facts The Project would add traffic at two unsignalized intersections and several future intersections. The Project's impacts on traffic in general are discussed in Chapter 6 of the DEIR. The Project's impacts on the need for offsite traffic signals are discussed at page 6-21 of the DEIR and at pages U-5,11-13, L3-5,U-6,11-13,III-11,and III-12 of the FEIR. 10 Fin in Based upon the Record,this Board finds that the Project's impacts relating to offsite traffic signal needs will be mitigated to a level of insignificance by the imposition of Mitigation Measures 6.7 and 6.8, set forth in Attachment 1 to these Findings. Impact: Need for Traffic Signals at Several Project Access Intersections Facts The Project's impacts on traffic in general are discussed in Chapter 6 of the DEIR. The Project's impact on the need for traffic signals at access points along Bollinger Canyon Road is discussed at page 6-23 of the DEIR and at pages L3-6 and II-1.3 of the FEIR. Findings Based upon the Record, this Board finds that the Project's impacts relating to the need for traffic signals at access points on Bollinger Canyon Road will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.9, set forth in Attachment 1 to these Findings. Impact: Safety Hazard Associated with Short Reverse Curves Facts Roadway sections with short reverse curves in the proposed site plan could present line-of-sight safety hazards. The Project's impacts on traffic in general are discussed in Chapter 6 of the DEIR. The potential safety hazard due to short reverse curves is discussed at page 6-24 of the DEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to safety hazards due to short reverse curves will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.10, set forth in Attachment 1 to these Findings. Impact: Need to Conform to the Parking Requirements of the Americans with Disabilities Act Fact The Project would create a need for handicapped accessible parking spaces. The Project's impacts on traffic in general are discussed in Chapter 6 of the DEIR. The Project's impacts on the necessity for onsite handicapped accessible parking are discussed at page 6-25 of the DEIR. 11 Findings Based upon the Record,this Board finds that the Project's impacts relating to the need for handicapped accessible parking spaces will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.11, set forth in Attachment 1 to these Findings. 1 Impact: Increased Safety Hazard on Dougherty Road between South Contra Costa County Limits and Crow Canyon Road Facts The Project would add traffic to Dougherty Road, contributing to a cumulative safety problem. The Project's impacts on traffic in general are discussed in Chapter 6 of the DEIR. The Project's impacts on traffic accident hazards on Dougherty Road are discussed at page 6-27 of the DEIR and at pages L5-2 and 11-30 of the FEIR. Findings Based upon the Record, this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to the increased safety hazard on Dougherty Road will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.12, set forth in Attachment 1 to these Findings. Impact: Potential Safety Hazard for Bicyclists and Pedestrians Facts The Project would contribute traffic, bicyclists, and pedestrians to the intersections of Bollinger Canyon Road and Chanterella Drive and Gale Ranch Road. The Project's impacts on traffic in general are discussed in Chapter 6 of the DEIR. The Project's impacts on pedestrian and bicycle crossings at Bollinger Canyon intersections are discussed at page 6-28 of the DEIR and at pages L5-2 and 11-30 of the FEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to bicycle and pedestrian hazards at Bollinger Canyon intersections will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.13, set forth in Attachment.l to these Findings. Impact: Lack of Connectivity between the Proposed Bike Lanes on Lilac Ridge Road and the Bicycle/Pedestrian Circulation System Facts Bike lanes proposed for the Project do not link with Crow Canyon Road, which provides direct access to the Golden View Elementary School. The Project's impacts on traffic in 12 general are discussed in Chapter 6 of the DEIR. The Project's impacts on pedestrian and bike lane linkages are discussed at page 6-29 of the DEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to bicycle and pedestrian linkages to Crow Canyon Road will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.14, set forth in Attachment 1 to these Findings. Cumulative Impact. Degradation of Operations at the Dougherty Road/ Amador Valley Boulevard Intersection from LOS to E Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would contribute to the deterioration of existing conditions at the intersection of Dougherty Road and Amador Valley Boulevard. Impacts on traffic in general are discussed in Chapter 6 of the DEIR. Cumulative impacts on the intersection of Dougherty Road and Amador Valley Boulevard are discussed at page 6-32 of the DEIR and page III-13 of the FEIR. Findings Based upon the Record,this Board finds that the cumulative impacts of the Project and other reasonably foreseeable.projects that are expected by the year 2010 relating to the deterioration of existing conditions at the intersection of Dougherty Road and Amador Valley Boulevard will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.15, set forth in Attachment I to these Findings. Cumulative Impact: Operation of the Dougherty Road/Bollinger Canyon Road Intersection at LOS F Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would contribute to the deterioration of existing conditions at the intersection of Dougherty Road and Bollinger Canyon Road. Impacts on traffic in general are discussed in Chapter 6 of the DEIR. Cumulative impacts on the intersection of Dougherty Road and Bollinger Canyon Road are discussed at page 6-33 of the DEIR and at page II-13 of the FEIR.. Findings Based upon the Record,this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to the deterioration of existing conditions at the intersection of Dougherty.Road and Bollinger Canyon Road will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.16, set forth in Attachment I to these Findings. 13 Cumulative Impact: Operation of the Camino Tassajaral Windemere Parkway Intersection at LOS F Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would contribute to the deterioration of existing conditions at the intersection of Camino Tassajara and Windemere Parkway. Impacts on traffic in general are discussed in Chapter 6 of the DEIR. Cumulative impacts on the intersection of Camino Tassajara and Windemere Parkway are discussed at page 6-33 of the DEIR. Findings Based upon the Record, this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to the deterioration of existing conditions at the intersection of Camino Tassajara and Windemere Parkway will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.17, set forth in Attachment 1 to these Findings. Cumulative Impact: Degradation of Operations at the Alcosta Boulevard/ Bollinger Canyon Road Intersection from LOS to F Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would contribute to the deterioration of existing conditions at the intersection of Alcosta Boulevard and Bollinger Canyon Road. Impacts on traffic in general are discussed in Chapter 6 of the DEIR. Cumulative impacts on the intersection of Alcosta Boulevard and Bollinger Canyon Road are discussed at page.6-34 of the DEIR and at pages U-6,11-13, and I1I-13 of the FEIR. Findings Based upon the Record,this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to the deterioration of existing conditions at the intersection of Alcosta Boulevard and Bollinger Canyon Road will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.18, set forth in Attachment 1 to these Findings. Cumulative Impact: Degradation of Operations on Bollinger Canyon Road between Alcosta Boulevard and Canyon Lakes Drive from LOS to F Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would contribute to the deterioration of existing conditions on Bollinger Canyon Road between Alcosta Boulevard and Canyon Lakes Drive. Impacts on traffic in general are discussed 14 in Chapter 6 of the DEIR. Cumulative impacts on Bollinger Canyon Road between Alcosta Boulevard and Canyon Lakes Drive are discussed at page 6-34 of the DEIR and at pages L3-6, II-13, and III-14 of the FEIR. Findings Based upon the Record, this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to the deterioration of existing conditions at the intersection of Alcosta Boulevard and Bollinger Canyon Road will be mitigated to a level of insignificance by the imposition of Mitigation Measures 6.19 and 6.20, set forth in Attachment 1 to these Findings. Cumulative Impact: Increased Safety Hazard at the Intersection of Bollinger Canyon Road and the I-680 Southbound Off-Ramp Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would contribute traffic to the intersection of Bollinger Canyon Road with the I-680 Off-Ramp, which already has a high safety hazard. Impacts on traffic in general are discussed in Chapter 6 of the DEIR. Cumulative impacts on the intersection of Bollinger Canyon Road with the I-680 Off-Ramp are discussed at page 6-35 of the DEIR and pages III-14 and III-15 of the FEIR. Findings Based upon the Record, this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to the safety hazard of the intersection of Bollinger Canyon Road with the I-680 Off-Ramp will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.2 1, set forth in Attachment 1 to these Findings. Cumulative Impact: Increased Safety Hazard at the Intersection of Crow Canyon Road and Crow Canyon Place Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would contribute traffic to the intersection of Crow Canyon Road and Crow Canyon Place, which already has a high safety hazard. Impacts on traffic in general are discussed in Chapter 6 of the DEIR. Cumulative impacts on the intersection of Crow Canyon Road and Crow Canyon Place are discussed at page 6-36 of the DEIR and page III-15 of the FEIR. Findings Based upon the Record, this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to 15 the safety hazard of the intersection of Crow Canyon Road and Crow Canyon Place will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.22, set forth in Attachment 1 to these Findings. Cumulative Impact. Increased Safety Hazard at the Intersection of Alcosta Boulevard and Bollinger Canyon Road Fact The Project and other reasonably foreseeable projects that are expected by the year 2010 would contribute traffic to the intersection of Alcosta Boulevard and Bollinger Canyon Road,resulting in an increased safety hazard. Impacts on traffic in general are discussed in Chapter 6 of the DEIR. Cumulative impacts on the intersection of Alcosta Boulevard and Bollinger Canyon Road are discussed at page 6-37 of the DEIR and pages 111-15 and III-16 of the FEIR. Findings Based upon the Record,this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to the safety hazard of the intersection of Alcosta Boulevard and Bollinger Canyon Road will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.23, set forth in Attachment 1 to these Findings. Cumulative Impact: Increased Safety Hazard at the Intersection of Crow Canyon Road and Alcosta Boulevard Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would contribute traffic to the intersection of Crow Canyon Road and Alcosta Boulevard, resulting in an increased safety hazard. Impacts on traffic in general are discussed in Chapter 6 of the DEIR. Cumulative impacts on the intersection of Crow Canyon Road and Alcosta Boulevard are discussed at page 6-38 of the DEIR and page III-16 of the FEIR. Findings Based upon the Record,this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to the safety hazard of the intersection of Crow Canyon Road and Alcosta Boulevard will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.24, set forth in Attachment 1 to these Findings. 16 Cumulative Impact: Increased Safety Hazard at the Intersection of Crow Canyon Road and Camino Ramon Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would contribute traffic to the intersection of Crow Canyon Road and Camino Ramon, resulting in an increased safety hazard. Impacts on traffic in general are discussed in Chapter 6 of the DEIR. Cumulative impacts on the intersection of Crow Canyon Road and Camino Ramon are discussed at page 6-39 of the DEIR and pages 111-16 and 111-17 of the FEIR. Findings Based upon the Record, this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to the safety hazard of the intersection of Crow Canyon Road and Camino Ramon will be mitigated to a level of insignificance by the imposition of Mitigation Measure 6.25, set forth in Attachment 1 to these Findings. E. Noise Impact: Exposure of Onsite and Offsite Land Uses to Construction Noise Facts Operation of construction equipment associated with the Project would create episodes of high noise levels. The Project's impacts on noise in general are discussed in Chapter 8 of the DEIR. Noise from construction equipment is discussed at pages 8-13 to 8-14 of the DEIR and at pages U-8, 11-16, II-17, L5-3, L5-4, 11-32, II-33, and III-20 of the FEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to noise from construction equipment will be mitigated to a level of insignificance by the imposition of Mitigation Measure 8.1, set forth in Attachment 1 to these Findings. Impact: Exposure of New Residential Land Uses Adjacent to Bollinger Canyon Road to Traffic Noise Levels in Excess of Contra Costa County Standards Facts Some of the Project's residential lots are exposed to noise generated on Bollinger Canyon Road in excess of the County standards. The Project's impacts on noise in general are discussed in Chapter,8 of the DEIR. Noise impacts on Project residences from Bollinger Canyon' Road are discussed at page 8-16 of the DEIR and at pages L3-8,II-16,II-17, and III-20 of the FEIR. 17 Findings Based upon the Record,this Board finds that the Project's impacts relating to exposure of residences to Bollinger Canyon Road noise will be mitigated to a level of insignificance by the imposition of Mitigation Measure 8.3, set forth in Attachment 1 to these Findings. Cumulative Impact: Exposure of Residential Land Uses on the Project Site and Adjacent.to Bollinger Canyon Road to Cumulative Traffic Noise Levels in Excess of Contra Costa County Standards Facts The Project and other reasonably foreseeable projects that are expected by the year.2010 would expose Project residences near Bollinger Canyon Road to traffic noise levels higher that the County standards. Impacts on noise in general are discussed in Chapter 8 of the DEIR. Cumulative impacts of traffic noise on nearby Project residences are discussed at page 8-18 of the DEIR and at pages L3-8,II-16, and II-17 of the FEIR. Findings Based upon the Record, this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to exposure of Project residences to traffic noise will be mitigated to a level of insignificance by the imposition of Mitigation Measures 8.1, 8.2, and 8.3, set forth in Attachment 1 to these Findings. F. Public Services and Utilities Impact. Temporary Construction from Installation of Offsite Wastewater Trunk Line Fact The Projects requires a 200-foot,24-inch offsite trunk line to carry off wastewater, causing offsite construction-related impacts. The Project's impacts on wastewater in general are discussed at pages 9-6 to 9-7 of the DEIR. The Project's impacts on construction of a trunk line are discussed at page 9-34 of the DEIR and at pages L13-1;L13-2, and II-67 of the FEIR Findings Based upon the Record, this Board finds that the Project's impacts relating to construction of a wastewater trunk line will be mitigated to a level of insignificance by the imposition of Mitigation Measure 9.6, set forth in Attachment 1 to these Findings. 18 Cumulative Impact: Need for Conveyance and Treatment of Wastewater to Serve Buildout of the Central San Service Area Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would increase demand for wastewater collection or treatment services and facilities. Impacts on wastewater in general are discussed at pages 9-6 to 9-7 of the DEIR. Cumulative impacts of increased need for wastewater conveyance and treatment are discussed at page 9-35 of the DEIR and at pages L4-2, L4-3, 11-26, L13-1, L13-2, 11-67, and 111-32 of the FEIR. Findings Based upon the Record,this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to increased need for wastewater conveyance and treatment will be mitigated to a level of insignificance by the imposition of Mitigation Measure 9.7, set forth in Attachment 1 to these Findings. Impact: Need for Law Enforcement Facts The Project would require deployment of additional police officers, without which County law enforcement standards would not be met. The Project's impacts on law enforcement services in general are discussed at pages 9-8 to 9-10 of the DEIR. The Project's impacts on the need for additional officers are discussed at page 9-36 of the DEIR and at pages L3-10, 11-19, L4-2, L4-3, and I1-26 of the FEIR. Findings Based upon the Record, this Board finds that the Project's impacts relating to the need for additional law enforcement officers will be mitigated to a level of insignificance by the imposition of Mitigation Measures 9.8 and 9.9, set forth in Attachment 1 to these Findings. Cumulative Impact: Need for Substation Space Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would increase the need for substation space for the County Sheriff s Department. Impacts on law enforcement services in general are discussed at pages 9-8 to 9-10 of the DEIR. Cumulative impacts of increased need for substation space are discussed at page 9-38 of the DEIR. 19 Findings Based upon the Record,this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to increased need for substation space will be mitigated to a level of insignificance by the imposition of Mitigation Measure 9.10, set forth in Attachment 1 to these Findings. Impact: Need for Fire Protection Service from Dougherty Regional Fire Authority Facts The Project would increase the need for fire protection service if annexed into the Dougherty Regional Fire Authority service area. The Project's impacts on fire protection in general are discussed at pages 9-10 to 9-12 of the DEIR. The Project's impacts on the need for fire protection service from DRFA are discussed at page 9-39 of the DEIR and at pages L14-3, L14-4, and 11-68 of the FEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to the need for additional fire protection services will be mitigated to a level of insignificance by the imposition of Mitigation Measure 9.11, set forth in Attachment 1 to these Findings. Impact: Exposure of People and Property to Wildland Fire Hazards Facts The Project would introduce development into an area considered a moderate wildland fire hazard zone. The Project's impacts on fire protection in general are discussed at pages 9-10 to 9-12 of the DEIR. The Project's impacts on increased exposure to wildland fire hazards are discussed at page 9-39 of the DEIR and at pages L3-2 and Il-8 of the FEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to exposure to wildland fire hazards will be mitigated to a level of insignificance by the imposition of Mitigation Measure 9.12, set forth in Attachment 1 to these Findings. Cumulative Impact: Need for Fire Protection Service to Serve Buildout of the Service Areas of San Ramon Valley Fire Protection District or Any Other Fire Service Provider Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would increase the need for fire protection services beyond those that could be met 20. with existing facilities and personnel. Impacts on fire protection in general are discussed at pages 9-10 to 9-12 of the DEIR. Cumulative impacts of increased need for fire protection services are discussed at page 9-41 of the DEIR and at pages L4-3, I1-26, L14-4, 11-69, and I1I-32 of the FEIR. Findings Based upon the Record, this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to increased need for fire protection service will be mitigated to a level of insignificance by the imposition of Mitigation Measures 9.13, 9.14, and 9.15, set forth in Attachment 1 to these Findings. Impact. Need for Additional School Facilities to Accommodate 292 Elementary School, 138 Middle School, and 231 High School Students Facts The Project is not expected to have a significant adverse impact on existing school facilities. However,the Project may create a need for additional elementary school facilities, if the students generated exceed the capacity of existing facilities. The Project's impacts on schools in general are discussed at pages 9-12 to 9-13 of the DEIR. The Project's impacts on the need for new school facilities are discussed at page 9-42 of the DEIR and at pages L3-10, I1-19, L4-4, II-26, L64, L6-5, I1-35, L11-3, I1-63, II-64, Table 2-1 (p.5), I1I-32, and II1-33 of the FEIR. Findings Based upon the Record, this Board finds that the Project's potential impacts relating to the need for new school facilities will be mitigated to a level of insignificance by the imposition of Mitigation Measures 9.16 and 9.19 or Mitigation Measures 9.17, 9.18, and 9.19, set forth in Attachment 1 to these Findings. Cumulative Impact: Need forAdditional School Facilities to Accommodate Students Added to the District as a Result of Future Development. Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would substantially increase the need for new elementary and junior high school facilities. Impacts on schools in general are discussed at pages 9-12 to 9-13 of the DEIR. Cumulative impacts of increased need for elementary and junior high school facilities are discussed at page 9-43 of the DEIR. Findings Based upon the Record,this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to 21 increased need for elementary and junior high school facilities will be mitigated to a level of insignificance by the imposition of Mitigation Measure 9.20, set forth in Attachment 1 to these Findings. Impact: Need for Childcare Facilities Facts The Project would create a need for childcare facilities. The Project's impacts on childcare in general are discussed at pages 9-13 to 9-14 of the DEIR. The'Project's impacts on the need for new childcare facilities are discussed at page 9-45 of the DEIR and at pages 1,44 and II-27 of the FEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to the need for new childcare facilities will be mitigated to a level of insignificance by the imposition of Mitigation Measure 9.2 1, set forth in Attachment I to these Findings. Impact: Need for Additional Parkland Facts The Project would create a need for additional parkland,beyond the parks already incorporated into the Project. The Project's impacts on parks in general are discussed at pages 9-14 to 9-15 of the DEIR. The Project's impacts on the need for additional parkland are discussed at pages 9-45 to 9-46 of the DEIR and at pages L3-10, II-19, II-20, L4-44, L4-5, II-27, II-28, L6-11, II-39, III-33, and III-34 of the FEIR. Findings Based upon the Record, this Board finds that the Project's impacts relating to the need for additional parkland will be mitigated to a level of insignificance by the imposition of Mitigation Measure 9.22, set forth in Attachment 1 to these Findings. G. Geology and Soils Impact: Structural Damage and Possible Personal Injury Resulting from Slope Instability and Earth Movement Facts Soil and bedrock of the Project site are susceptible to slope instability and landslides. Grading may increase the danger during construction, but slope stability after construction would reduce potential for landslides. The Project's impacts on geology and soils in general are discussed in Chapter 10 of the DEIR. The Project's impacts on slope stability and landslides are discussed at page 10-16 of the DEIR. 22 Findings Based upon the Record,this Board finds that the Project's impacts relating to the potential for slope instability and landslides will be mitigated to a level of insignificance by the imposition of Mitigation Measures 10.4 and 10.5, set forth in Attachment 1 to these Findings. Impact: Structural Damage Resulting from Placement of Development Structures on Expansive and Compressible Soils Facts Expansion and contraction of the soils on the Project site, due to changes in moisture content, can cause heaving and cracking of slabs, pavements, and shallow foundations. The Project's impacts on geology and soils in general are discussed in Chapter 10 of the DEIR. The Project's impacts on damage caused by expansive soils are discussed at page 10-17 of the DEIR and at pages U-11, 11-20, L8-2, II-45, Table 2-1(p.6), III-36, and III-37 of the FEIR. Findings Based upon the Record, this Board finds that the Project's impacts relating to damage to slabs,pavements and shallow foundations caused by expansion and contraction of soils will be mitigated to a level of insignificance by the imposition of Mitigation Measure 10.6, set forth in Attachment I to these Findings. Impact: Grading on Hillsides with Slopes of 26% and Greater Facts The Project requires grading of slopes of 26% and greater. Grading would take place on some slopes designated as open space in order to stabilize the slopes and prevent future landslides. The Project's impacts on geology and soils in general are discussed in Chapter 10 of the DEIR. The Project's impacts on grading of slopes of 26% or greater are discussed at pages 10-18 to 10-19 of the DEIR and at pages L3-11 and II-21 of the FEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to grading of slopes of 26%or greater will be mitigated to a level of insignificance by the imposition of Mitigation Measure 10.1, set forth in Attachment 1 to these Findings. Impact: Structural Damage Resulting from Expansion,Lateral Deformation, and Settlement of Fill Material Facts The Project would require some deep.fills with earth material found to be expansive. Even with special foundation for buildings located on fill, some structural damage 23 may still occur. The Project's impacts on geology and soils in general are discussed in Chapter 10 of the DEIR. The Project's impacts on potential structural damage to buildings set on fill are discussed at pages 10-19 to 10-20 of the DEIR and at pages L8-3, II-45, and III-37 of the FEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to potential structural damage to buildings set on fill will be mitigated to a level of insignificance by the imposition of Mitigation Measure 10.7, set forth in Attachment 1 to these Findings. Impact. Increased Soil Erosion During Grading, Construction, and Postconstruction Periods Facts The Project requires construction activities that may create temporarily increased erosion rates until vegetation becomes reestablished. The Project's impacts on geology and soils in general are discussed in Chapter 10 of the DEIR. The Project's impacts on potential temporary increases in soil erosion rates during construction are discussed at pages 10-20 to 10-21 of the DEIR and at pages L3-11 and I1-21 of the FEIR. Findings Based upon the Record, this Board finds that the Project's impacts relating to potential temporary increases in soil erosion rates during Project construction will be mitigated to a level of insignificance by the imposition of Mitigation Measure 10.8, set forth in Attachment 1 to these Findings. Impact. Substantial Disruption,Displacement, Compaction, and Overcovering of the Soil Facts The Project requires substantial grading. If topsoil is mixed with deeper soils during grading, sterile or unmanageable soils would result. The Project's impacts on geology and soils in general are discussed in Chapter 10 of the DEIR. The Project's impacts on mixing of topsoil and deeper soils during grading are discussed at page 10-22 of the DEIR and at pages L8-3, II-45, II-46, and III-37 of the FEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to mixing of topsoil and deeper soils during grading will be mitigated to a level of insignificance by the imposition of Mitigation Measure 10.9, set forth in Attachment 1 to these Findings. 24 Impact: Development of Water Storage and Distribution Infrastructure and Wastewater Infrastructure on Potentially Geologically Unstable Land Within and Adjacent to the Project Site Facts The Project requires installation of major water distribution lines and possible installation of one or two 2,000,000-gallon water tanks and wastewater distribution lines in areas that may be subject to earth movement. The Project's impacts on geology and soils in general are discussed in Chapter 10 of the DEIR. The Project's impacts on construction of water distribution and storage facilities in areas of unstable soils are discussed at pages 10-23 to 10-24 of the DEIR and at pages L10-8, II-62, and III-38 of the FEIR. Findings Based upon the Record, this Board finds that the Project's impacts relating to construction of water distribution and storage facilities in areas of unstable soils will be mitigated to a level of insignificance by the imposition of Mitigation Measures 10.4, 10.5, and 10.10, set. forth in Attachment 1 to these Findings. H. Visual Quality .Impact: Visual Impacts of Fencing, Fire Breaks, and Fire Roads Facts Because of the openness of the Project site, introduction of fencing, fire breaks, and fire roads would be highly visible and contrast with existing visual character. The Project's impacts on visual quality in general are discussed in Chapter 11 of the DEIR. The Project's impacts on visual character due to fences, fire breaks, and fire roads are discussed at page 11-16 of the DEIR. Findings Based upon the Record,this Board finds that the Project's visual impacts relating to fences, fire breaks, and fire roads will be mitigated to a level of insignificance by the imposition of Mitigation Measures 11.17 and 11.18, set forth in Attachment 1 to these Findings. Impact: Introduction of Stormwater Detention Facilities Facts The Project's stormwater detention facilities could contrast with visually sensitive landscape in form, line, color,texture, and scale. The Project's impacts on visual quality in general are discussed in Chapter 11 of the DEIR. The Project's impacts on visually sensitive areas due to stormwater detention facilities are discussed at page 11-17 of the DEIR. 25 Findings Based upon the Record,this Board finds that the Project's impacts relating to visually sensitive areas due to stormwater detention facilities will be mitigated to a level of insignificance by the imposition of Mitigation Measure 11.19, set forth in Attachment 1 to these Findings. Impact. Increased Light and Glare to Onsite and Offsite Residents Facts At night,the Project will produce light from buildings, automobiles, and street lighting and other outdoor lighting that would affect offsite residents as well as the new residents on the Project site. During the day, reflected sunlight from buildings and paved surfaces would increase glare. The Project's impacts on visual quality in general are discussed in Chapter 11 of the DEIR. The Project's impacts on the light and glare generated at the Project site are discussed at pages 11-17 to 11-18 of the DEIR. Findings Based upon the Record, this Board finds that the Project's impacts relating to light and glare generated at the Project site.will be mitigated to a level of insignificance by the imposition of Mitigation Measures 11.20 and 11.2 1, set forth in Attachment 1 to these Findings. Impact. Temporary Construction Effects on Visual Quality Facts Project construction would create visual impacts from construction staging, materials storage, and earth stockpiling. The Project's impacts on visual quality in general are discussed in Chapter 11 of the DEIR. The Project's visual impacts on areas used for materials and earth stockpiling and construction staging are discussed at page 11-18 of the DEIR. Findings Based upon the Record, this Board finds that the Project's visual impacts relating to materials and earth stockpiling and construction staging will be mitigated to a level of insignificance by the imposition of Mitigation Measure 11.22, set forth in Attachment 1 to these Findings. Impact: Modification of a County-Designated Scenic Route Facts The County General Plan designates Dougherty Road as a scenic route. Realignment of portions of the road to improve safety and construction and earthmoving activities near the road would diminish the scenic value of less than one-half mile of the road. 26 The Project's impacts on visual quality in general are discussed in Chapter 11 of the DEIR. The Project's impacts on the scenic quality of a portion of Dougherty Road are discussed at pages 11-19 to 11-20 of the DEIR. Findings Based upon the Record, this Board finds that the Project's impacts relating to the scenic quality of a portion of Dougherty Road will be mitigated to a level of insignificance by the imposition of Mitigation Measure 11.23, set forth in Attachment 1 to these Findings. I. Biological Resources Impact. Elimination of Degradation of Freshwater Marsh, Stock Pond, and Seasonal and Perennial Creek Habitat along Coyote Creek Facts Construction of the Project golf course along Coyote Creek, realignment of three branches of the creek, bridging Coyote Creek with Bollinger Canyon Road, and eliminating a stock pond would adversely affect creek and wetland habitats. The Project's impacts on biological resources in general are discussed in Chapter 12 of the DEIR. The Project's impacts on habitats provided by wetlands, creeks, and the stock pond are discussed at pages 12-24 of the DEIR and at pages L7-2,L7-3,11-41, 11-42, L25-1, L25-2, 11-81, 111-39, and III-40 of the FEIR. Findings Based upon the Record, this Board finds that the Project's impacts relating to habitats provided by wetlands, creeks, and the stock pond will be mitigated to a level of insignificance by the imposition of Mitigation Measures 12.1, 12.2, 12.3, and 12.4, set forth in Attachment 1 to these Findings. Impact. Loss of Wetlands and Willow Riparian Forest along West Branch of Alamo Creek Facts Construction of a crossing over Alamo Creek and realignment of Dougherty Road near Alamo Creek would temporarily eliminate or degrade about 1800 square feet(about 1/400th of an acre)of wetland habitat and would degrade or eliminate a similar area of willow riparian forest. The Project's impacts on biological resources in general are discussed in Chapter 12 of the DEIR. The Project's impacts on wetland habitat and willow riparian forest are discussed at page 12-28 of the DEIR. 27 Findings Based upon the Record,this Board finds that the Project's impacts relating to wetland habitat and willow riparian forest will be mitigated to a level of insignificance by the imposition of Mitigation Measure 12.5 and 12.6, set forth in Attachment I to these Findings. Impact: Loss of American Badger Breeding and Foraging Habitat Facts Two dens of the American badger, a species of special concern, were found and a possible sighting made on the Project site. The Project would eliminate suitable badger habitat on the site. The Project's impacts on biological resources in.general are discussed in Chapter 12 of the DEIR. The Project's impacts on American badger habitat are discussed at page 12-31 of the DEIR and at pages L25-2, L25-3, and II-82 of the FEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to American badger habitat will be mitigated to a level of insignificance by the imposition of Mitigation Measures 12.9 and 12.10, set forth in Attachment 1 to these Findings. Impact: Pollution of Coyote Creek by Fertilizers and Chemicals from the Golf Course Facts Herbicides,pesticides, and fertilizers commonly used on golf courses such as that of the Project can run off and adversely affect water quality and aquatic life. The Project's impacts on biological resources in general are discussed in Chapter 12 of the DEIR. The Project's impacts on water quality and aquatic life due to pollutant runoff are discussed at page 12-32 of the DEIR and at pages L7-3, II-41, L8-3, L8-4, II-46;L9-5, L9-6, II-51, L25-2, II-81, II-82, III-41, and III-42 of the FEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to water quality and aquatic life due to pollutant runoff will be mitigated to a level of insignificance by the imposition of Mitigation Measure 12.8, set forth in Attachment 1 to these Findings. Cumulative Impact: Regional Loss and Fragmentation of Annual Grassland Habitat for Wildlife and Special-Status Wildlife Species Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would result in a regional loss of annual grassland habitat and fragmentation of the 28 remainder. The habitat supports several special status birds and wildlife species. Impacts on biological resources in general are discussed in Chapter 12 of the DEIR. Cumulative impacts of loss and fragmentation of annual grassland habitat are discussed at page 12-33 of the DEIR and at pages of the FEIR. Findings Based upon the Record, this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to loss and fragmentation of annual grassland habitat will be mitigated to a level of insignificance by the imposition of Mitigation Measures 12.9 and 12.10, set forth in Attachment 1 to these Findings. J. Energy Conservation Impact. Operation-Related Residential Energy Consumption Facts The Project's residences will consume electricity and gas and generate energy- consuming motor vehicle trips. The Project's impacts on energy conservation in general are discussed in Chapter 13 of the DEIR. The Project's impacts on residential energy consumption are discussed at pages 13-3 to 13-4 of the DEIR and at pages L3-12 and II-21 of the FEIR. Findings -Based upon the Record,this Board finds that the Project's impacts relating to residential energy consumption will be mitigated to a level of insignificance by the imposition of Mitigation Measures 13.1, 13.2, 13.3, 13.4, 13.5, 13.6, and 13.7, set forth in Attachment 1 to these Findings. K. Hydrology and Water Quality Impact: Increased Runoff from the Project Site Facts The Project would result in the construction of buildings and pavement that would reduce rainfall absorption and increase site runoff The Project's impacts on hydrology and water quality in general are discussed in Chapter 15 of the DEIR. The Project's impacts on increased rainfall runoff are discussed at pages 15-6 to 15-7 of the DEIR and at pages L3-14, II-22, II-23, L5-3,11-31, II-32, and 11I-43 of the FEIR. 29 Findings Based upon the Record, this Board finds that the Project's impacts relating to increased rainfall runoff will be mitigated to a level of insignificance by the imposition of Mitigation Measures 15.1 and 15.2, set forth in Attachment 1 to these Findings. Impact: Risk of Flood Damage from Development in the 100-Year Floodplain Facts A 100-year flood could damage the golf course or bridges over-Coyote and Alamo Creeks. The Project's impacts on hydrology and water quality in general are discussed in Chapter 15 of the DEIR. The Project's impacts on potential damage from a 100-year flood are discussed at page 15-8 of the DEIR and at pages L3-14, I1-22, 1I-23, L5-3, II-31, II-32, and I1I-43 to 111-45 of the FOR. Findings Based upon the Record, this Board finds that the Project's impacts relating to potential damage from a 100-year flood will be mitigated to a level of insignificance by the imposition of Mitigation Measure 15.3, set forth in Attachment 1 to these Findings. Impact. Increased Erosion and Short-Term Water Quality Degradation During Construction Facts The Project grading would result in extensive disturbance of existing drainage . channels, potentially causing temporary increases in erosion and siltation. The Project's impacts on hydrology and water quality in general are discussed in Chapter 15 of the DEIR. The Project's impacts on temporarily increased erosion and siltation are discussed at pages 15-8 to 15-9 of the DEIR. , Findings Based upon the Record,this Board finds that the Project's impacts relating to temporarily increased erosion and siltation will be mitigated to a level of insignificance by the imposition of Mitigation Measure 15.4, set forth in Attachment.l to these Findings. Impact: Increased Channel Erosion Resulting from Construction of Bridge Crossings Facts Construction of bridges or other crossings required by the Project could result in constricted channel flow, higher water velocity, and greater channel erosion. The Project's 30 impacts on hydrology and water quality in general are discussed in Chapter 15 of the DEIR. The. Project's impacts on erosion due to bridge improvements are discussed at page 15-9 of the DEIR. Findings Based upon the Record,this Board finds that the Project's impacts relating to erosion due to construction of crossings will be mitigated to a level of insignificance by the imposition of Mitigation Measure 15.5, set forth in Attachment 1 to these Findings. Impact: Increased Water Quality Degradation Because of Urban Runoff Facts The Project would result in urban runoff, which may contain a variety of accumulated toxic pollutants. The Project's impacts on hydrology and water quality in general are discussed in.Chapter 15 of the DEIR. The Project's impacts on toxic pollutants associated with urban runoff are discussed at pages 15-9 to 15-10 of the DEIR and at pages L3-15,11-23, III-45,and III-45A of the FEIR. Findings Based upon the Record, this Board finds that the Project's impacts relating to toxic pollutants associated with urban runoff will be mitigated to a level of insignificance by the imposition of Mitigation Measure 15.6, set forth in Attachment 1 to these Findings. Impact: Hazardous Materials Spills During Construction Facts Construction of the Project would expose the site to potential spills of fluids associated with construction vehicles and equipment. The Project's impacts on hydrology and water quality in general are discussed in Chapter 15 of the DEIR. The Project's impacts on potential hazardous materials spill from construction machinery are discussed at page 15-10 of the DEIR. Findings Based upon the Record, this Board finds that the Project's impacts relating to potential hazardous materials spill from construction machinery will be mitigated to a level of insignificance by the imposition of Mitigation Measure 15.7, set forth in Attachment 1 to these Findings. 31 L. Cultural Resources Impact. Damage to or Destruction of Potential Buried Archeological Resources Facts The Project site could contain buried archeological resources,which Project construction could damage or destroy. The Project's impacts on cultural resources in general are discussed in Chapter 16 of the DEIR. The Project's impacts on potential buried archeological resources are discussed at page 16-5 of the DEIR. Findings Based upon the Record, this Board finds that the Project's impacts relating to potential buried archeological resources will be mitigated to a level of insignificance by the imposition of Mitigation Measures 16.1 and 16.2, set forth in Attachment I to these Findings. (iii) Findings Regarding Potentially Significant Impacts That Can be Avoided or Reduced to a Less-Than-Significant Level by the Adoption or Imposition of Mitigation Measures by Another Jurisdiction. The facts and Findings (set forth under each potential impact identified below) do not repeat the full discussions of impacts contained in the documents making up the FEIR and administrative record. Instead, the facts provide a brief summary description of the potential impacts, along with a reference to the portion of the DEIR and the FEIR which describes the impact in detail. The Findings that follow do not contain mitigation measures, as none are required for beneficial impacts or impacts that are found to be less-than-significant. A. Public Facilities Cumulative Impact. Need for Water Supply to Serve Buildout of the East Bay Municipal Utility District Service Area Facts Impact: The Project and other reasonably foreseeable projects that are expected by the year 2010 would increase water demand within the EBMUD service area. Water supply impacts in general are,discussed at pages 9-1 to 9-6 of the DEIR. Cumulative impacts of increased water demand are discussed at page 9-31 of the DEIR and at pages L5-4, II-33, L9-1, L9-2, II-48, L10-6 to L10-8, II-57 to II-61, and III-31 of the FEIR. 32 Findings Based upon the Record,this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to increased water demand can be mitigated to a level of insignificance by the imposition of Mitigation Measures 9.3 and 9.4, set forth in Attachment 1 to these Findings. Mitigation Measure 9.4 is within the responsibility and jurisdiction of the East Bay Municipal Utilities District. That Mitigation Measure can and should be adopted and implemented by EBMUD. If EBMUD does not adopt and implement Mitigation Measure 9.4,the impact will be significant and unavoidable. In adopting this finding the Board recognizes that the County has a pending legal challenge to the EIR of the WSMP. Although it is the County's position that EBMUD did not adequately evaluate the most feasible alternatives to secure and improve its water supplies, according to EBMUD's own documentation, even the "preferred alternative" adopted in the WSMP, if implemented, would mitigate cumulative impacts to a less-than-significant level. Overriding Considerations The environmental, economic, social and other benefits of the Project override this potentially significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi)below. Cumulative Impact. Need for Water Supply to Serve Projects Outside the East Bay Municipal Utility District Service Area Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would increase water demand outside the EBMUD service area. Increased water demands are discussed at pages 9-32 to 9-33 of the DEIR and pages 1,10-8,II-61, and II-62 of the FEIR. Findings Based upon the Record, this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to increased water demand can be mitigated to a level of insignificance by the imposition of Mitigation Measures 9.3 and 9.4, set forth in Attachment 1 to these Findings. Mitigation Measure 9.4 is within the responsibility and jurisdiction of the East Bay Municipal Utilities District. That Mitigation Measure can and should be adopted and implemented by EBMUD. If EBMUD does not adopt and implement Mitigation Measure 9.4, the impact will be significant and unavoidable. In adopting this finding the Board recognizes that the County has a pending legal challenge to the EIR of the WSMP. Although it is the County's position that EBMUD did not 33 adequately evaluate the most feasible alternatives to secure and improve its water supplies, according to EBMUD's own documentation, even the "preferred alternative" adopted in the WSMP, if implemented, would mitigate cumulative impacts to a less-than-significant level. Overriding Considerations The environmental, economic, social and other benefits of the Project override this potentially significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi)below. B. Visual Quality Impact: Substantial Alteration of Hilltops and Ridgelines Associated with Water Tanks,Distribution Lines, and Access Roads Facts The Project may require the construction of one or two 2,000;000-gallon water tanks and associated distribution lines and access roads.' All of the proposed sites are necessarily on hilltops or ridges, making them visually prominent. The Project's impacts on visual quality in general are discussed in Chapter 11 of the DEIR. The Project's impacts on the visual quality of ridge or hilltop water tank sites are discussed at page I 1-15 of the DEIR and at pages L10-8 and II-62 of the FEIR. Findings Based upon the Record,this Board finds that the visual impacts-on the ridge or hilltop water tank sites will be substantially lessened by the imposition of Mitigation Measures 11.15 and 11.16, set forth in Attachment 1 to these Findings. Mitigation Measures 11.15 and It.16 are within the responsibility and jurisdiction of the East Bay Municipal Utilities District. Those Mitigation Measures can and should be adopted and implemented by EBMUD. Notwithstanding the foregoing, the above-described impacts will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR, these alternatives have been rejected as discussed in Section 2(d)(v)below. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi)below. 1 34 (iii) Findings Regarding Impacts Found to Be Less Than Significant or Beneficial A. General Statement The facts and Findings (set forth under each potential impact identified below) do not repeat the full discussions of impacts contained in the documents making up the FEIR and administrative record. Instead,the facts provide a brief summary description of the potential impacts, along with a reference to the portion of the DEIR and the FEIR which describes the impact in detail. The Findings that follow do not contain mitigation measures, as none are required for beneficial impacts or impacts that are found to be less-than-significant. B. Land Use Impact: Potential Incompatibility with Adjacent Agricultural Land Uses Facts A portion of the Project would abut grazing land, resulting in potential land use conflicts between residential development and cattle operations, which are discussed at pages 4-10 to 4-11 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. C. Traffic and Circulation Impact: Arterial Links Facts The Project would affect traffic on four arterial links that would still operate acceptably and two that would operate unacceptably, but better than without the Project; they are discussed at pages 6-18 to 6-19 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. 35 Impact: Freeway Ramps Facts The Project would affect traffic.on 15 freeways ramps that would still operate acceptably and two that would operate unacceptably,but better thanwithout the Project; they are discussed at page 6-20 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. Impact: Freeway Segments Facts The Project could affect traffic on 13 freeways segments that would still operate acceptably and one that would operate unacceptably, but the Project does not contribute to the degradation;they are discussed at page 6-21 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. Impact. Vehicle Flow Facts The Project would add traffic to the collector streets in the Project, which are discussed at page 6-23 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. Impact: Service and Delivery Access Facts The Project would create a small volume of service and delivery traffic„ which is discussed at page 6-24 of the DEIR. r 36 Findings These potential impacts are considered less than significant for the reasons stated in the EIR. Impact: Fire/Police Traffic Patterns Facts The Project would create new police and fire traffic patterns, which are discussed at pages 6-24 to 6-25 of the DEIR and pages L15-1 and II-70 of the FEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR Impact: School Access Facts The Project would generate traffic to Golden View Elementary, Pine Valley Intermediate, and California High Schools, which is discussed at page 6-25 of the DEIR and pages U-6, 11-13, L24-1, and II-80 of the FEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. Cumulative Impact: Increased Safety Hazard at the Intersection of Dougherty Road and Dublin Boulevard Facts The Project would contribute traffic to the intersection of Dougherty Road and Dublin Boulevard, which is discussed at pages 6-36-to 6-37 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. 37 Cumulative Impact: Increased Safety Hazard on Alcosta Boulevard between Crow Canyon Road and Norris Canyon Road Facts The Project would contribute traffic to the intersection of Alcosta Boulevard between Crow Canyon Road and Norris Canyon Road,which is discussed at pages 6-37 to 6-38 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. D. Air Quality Impact: Potential Violation of Carbon Monoxide Standards Facts The Project would contribute carbon monoxide emissions on local roadways, which is discussed at page 7-8 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. Cumulative Impact. Potential Violation of Carbon Monoxide Emissions Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would contribute carbon monoxide emissions from motor vehicles, which is discussed at pages 7-10 to 7-11 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. 38 E. Noise Impact: Exposure of Residents and Other Noise-Sensitive Land Uses Off the Project Site to Significant Traffic Noise Increases and Traffic Noise Levels in Excess of Contra Costa County Standards Facts The Project would cause changes in traffic noise on some roads outside the Project site,which are discussed at pages 8-17 to 8-18 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. F. Public Services and Utilities Impact. Temporary Construction Impacts from Installation of Offsite Water Distribution Lines by EBMUD Facts The Project may require offsite improvements to EBMUD facilities, which are discussed at page 9-31 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. Impact. Need for Collection and Treatment of 0.3-1.3 Million Gallons per Day of Wastewater by Central San Facts The Project would require Central Contra Costa Sanitary District to treat additional wastewater, which is discussed at pages 9-33 to 9-34 of the DEIR and pages L13-1, L 13-2, and II-67 of the FEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. 39 Impact: Need for Additional Fire Protection Service from San Ramon Valley Fire Protection District Facts The Project would increase the need for fire protection service, which is discussed at pages 9-38 to 9-39 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. Impact: Need for Electric Service Facts The Project would increase demand for electric service, which is discussed at page 9-44 of the DEIR. Findings These potential impacts are.considered less than significant for the reasons stated in the EIR. Impact: Need for Gas Service Facts The Project would increase demand for gas service, which is discussed at page 9-44 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. Impact: Need for Telephone Service Facts The Project would increase demand for telephone service, which is discussed at " page 9-44 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. 40 Impact: Need for Cable Television Service Facts The Project would increase demand for cable television service, which is discussed at page 9-45 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. G. Biological Resources Impact: Loss of Annual Grassland Habitat on the Project Site and Excess Fill Placement Area Facts Annual grasslands would be affected(negatively) by Project construction and (positively)by removal of grazing cattle, which is discussed at page 12-29 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. H. Energy Conservation Impact. Construction-Related Energy Consumption Facts Project construction would consume energy , which is discussed at page 13-3 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. I. Housing„Population, and Employment 41 Impact: Population Increase of about 3,330 Facts About 3,332 people would live in the homes built as part of the Project,which is discussed at page 14-11 of the DEIR. Findings 1 These potential impacts are considered less than significant for the reasons stated in the EIR. Impact. Addition of 1,216 Units to the Tri-Valley Region Housing Supply Facts The Project would include up to 1216 new housing units, which are discussed at pages 14-11 to 14-12 of the DEIR and pages L3-13 and 11-22 of the FEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. Impact: Improvement in Existing Jobs/Housing Ratio Facts The Project's housing would help address a regional jobs/housing imbalance that has far too few housing units for the jobs available in the region,which is discussed at page 14-12 of the DEIR and pages L5-5 and II-33 of the FEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. Impact: Provision of Affordable Housing and Consistency with ABAG's Fair Share Allocation for the County Fact The Project would provide at least 231 housing units for low--and moderate- income households, which is discussed at page 14-13 of the DEIR and pages L3-13 and II-22 of the FEIR. 42 Findings These potential impacts are considered less than significant for the reasons stated in the EIR. Cumulative Impact. Regional Provision of Housing Facts TheProject's contribution to cumulative housing construction would help address the needs for housing, affordable housing, and a more balanced jobs/housing ratio, which are discussed at page 14-13 of the DEIR. Findings These potential impacts are considered less than significant for the reasons stated in the EIR. (iv) Findings Relating to Impacts That Cannot Be Reduced to a Less Than Significant Level A. General Statement The facts and Findings (set forth under each potential impact identified below)do not repeat the full discussions of impacts and mitigation measures contained in the documents making up the FEIR and administrative record. Instead, the facts provide a brief summary description of the impacts, along with a reference to the portion of the DEIR and the FEIR which describes the impact in detail. The Findings that follow the facts then reference the specific mitigation measures for such project impacts. The Mitigation Measures are set forth in full in Attachment 1 to these Findings, and are incorporated herein by this reference. B. Traffic and Circulation Impact. Degradation of Operations on the I-680 Northbound On-Ramp at Bollinger Canyon Road Facts The Project's impacts on traffic in general are discussed in Chapter 6 of the DEIR. The Project's impacts on conditions on the I-680 Northbound On-Ramp at Bollinger Canyon Road are discussed at page 6-20 of the DEIR and at pages L7-1, L7-2, II-40, II-74, III-10, and III-11 of the FEIR. 43 Findings Based upon the Record, this Board finds that the Project's impacts relating to conditions on the I-680 Northbound On-Ramp at Bollinger Canyon Road will be substantially lessened by the imposition of Mitigation Measure 6.6, set forth in Attachment 1 to these Findings. This Board additionally finds that the impact will.be a temporary one only, and will be mitigated by construction of a larger freeway project scheduled by Caltrans to occur between 2003 and 2013. Further, the necessary improvements are included in the regional transportation plan,and funding has been identified through Measure C funds and state funds. The impact is not expected to occur until buildout of the project, which is anticipated to be a fifteen-to twenty-year horizon, and Measure C allows a 5-year gap between impact and construction of the improvement to mitigate the impact. Notwithstanding the foregoing, the above-described impact will remain significant. Although such impact may be partially reduced under one or more of the Project alternatives studied in the EIR, these alternatives have been rejected as discussed in Section 2(d)(v)below. Overriding Considerations The environmental, economic, social and other benefits of the Project override this significant adverse impact as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi)below. Cumulative Impact: Degradation of Level of Service to Unacceptable Levels Affecting Various Facilities on Routes of Regional Significance Facts The Project and other reasonably foreseeable projects that are expected by the. year 2010 would contribute traffic to numerous roadway segments and intersections. The cumulative impacts of the Project and other reasonably foreseeable projects on traffic in general are discussed at pages 6-29 to 6-32 of the DEIR. The cumulative impacts on traffic on certain roadway segments and intersections is discussed at page 6-40 of the DEIR and at pages L3-6, 11-11, II-14, L4-1, L4-2, II-25, L5-1, L5-2, II-29, II-31, L18-1, L18-2, II-73, L19-2, II-74, L24-1, s L24-2, II-80,and 111-17 to 111-19 of the FEIR. Findings Based upon the Record, this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that.are expected by the year 2010 on certain roadway segments and intersections will be substantially lessened by the imposition of Mitigation Measures 6.30, 6.31, 6.32, 6.33 and 6.34 set forth in Attachment 1 to these Findings. Notwithstanding the foregoing,the above-described cumulative impacts will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR,these alternatives have been rejected as discussed in Section 2(d)(v)below. 44 Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi)below. C. Air Quality Impact. Increased Emission of PMl p Dust Facts Grading associated with the Project would create dust emissions above the Bay Area Air Quality Management District's threshold level. The Project's impacts on air quality in general are discussed in Chapter 7 of the DEIR. The Project's impacts on PM10 dust emissions are discussed at page 7-7 of the DEIR and at pages U-7, 11-15, and III-19 of the FEIR. Findings Based upon the Record,this Board finds that the impacts on PMIp dust emissions will be substantially lessened by the imposition of Mitigation Measures 7.1, 7.2, 7.3, 7.4, 7.5; and 7.6 set forth in Attachment 1 to these Findings. Notwithstanding the foregoing,the above- described impacts will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR,these alternatives have been rejected as discussed in Section 2(d)(v)below. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi)below. Impact. Generation of Construction-Related Ozone Precursor Emissions Facts Operation of construction equipment and asphalt paving associated with the Project would generate ozone precursor emissions. The Project's impacts on air quality in general are discussed in Chapter 7 of the DEIR. The Project's impacts on construction-related ozone precursor emissions are discussed at page 7-8 of the DEIR. 45 indin s Based upon the Record, this Board finds that the impacts of construction-related ozone precursor emissions will be substantially lessened by the imposition of Mitigation Measures 7.7, 7.8, 7.9, 7.10, 7.11, and 7.12 set forth in Attachment 1 to these Findings. Notwithstanding the foregoing, the above-described impacts will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR, these alternatives have been rejected as discussed in Section 2(d)(v)below. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi) below. Impact: Increase of Ozone Precursor Emissions Facts Households and motor vehicles associated with the Project would generate ozone precursor emissions. The Project's impacts on air quality in general are discussed in Chapter 7 of the DEIR. The Project's impacts on ozone precursor emissions from households and motor .vehicles are discussed at page 7-9 of the DEIR and at pages L3-7, II-11, and II-15 of the FEIR. Findings Based upon the Record,this Board finds that the impacts of ozone precursor emissions from households and motor vehicles will be substantially lessened by the imposition of Mitigation Measures 7.13, 7.14, and 7.15 set forth in Attachment 1 to these Findings. With respect to Mitigation Measure 7.14, this Board finds that the measures relating to Vans/carpools and Recreation have been made conditions of approval; the remaining "measures" do not require conditions of approval because they are either design features of the project or are to be implemented by a service provider. Notwithstanding the foregoing, the above-described impacts will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR, these alternatives have been rejected as discussed in Section 2(d)(v)below. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi)below. 46 Cumulative Impact: Increase of Ozone Precursor Emissions Facts Households and motor vehicles associated with the Project would generate ozone precursor emissions. The cumulative impacts of the Project and other reasonably foreseeable projects on air quality in general are discussed in Chapter 7 of the DEIR. The cumulative impacts on ozone precursor emissions from households and motor vehicles are discussed at page 7-11 of the DEIR and at pages L3-7, II-11, and II-15 of the FEIR., Findings Based upon the Record, this Board finds that the cumulative impacts of ozone precursor emissions from households and motor vehicles will be substantially lessened by the imposition of Mitigation Measures 7.13, 7.14, and 7.15 set forth in Attachment 1 to these Findings. Notwithstanding the foregoing, the above-described impacts will remain significant. Although such impacts maybe partially reduced under one or more of the Project alternatives studied in the EIR,these alternatives have been rejected as discussed in Section 2(d)(v) below. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi) below. D. Noise Impact: Exposure of Residents to Noise from Golf Course Maintenance Activities Facts Noise from lawn mowers on the Project's golf course.would expose some residences to noise levels above 60 dBA. The Project's impacts on noise in general are discussed in Chapter 8 of the DEIR. The Project's impacts on noise levels from golf course maintenance are discussed at page 8-15 of the DEIR. Findings Based upon the Record, this Board finds that the impacts of noise from golf course maintenance will be substantially lessened by the imposition of Mitigation Measure 8.2 set forth in Attachment 1 to these Findings. Notwithstanding the foregoing, the above-described impacts will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR,these alternatives have been rejected as discussed in Section 2(d)(v) below. 47 Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi)below. Cumulative Impact. Exposure of Resident and Other Noise-Sensitive Land Uses Off the Project Site to Significant Cumulative Traffic Noise Increases and.Traffic Noise Levels in Excess of Contra Costa County Standards Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 would substantially increase noise levels along several roadway segments near the Project. Impacts on noise in general are discussed in Chapter 8 of the DEIR. The cumulative impacts on noise levels along off-site roadway segments are discussed at page 8-19 of the DEIR and at pages U-8, 11-17, 11-18, III-20, and III-21 of the FEIR. Findings Based upon the Record,this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 on noise levels along several off-site roadway segments will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR,these alternatives have been rejected as discussed in Section 2(d)(v) below. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi) below. E. Public Services and Utilities Impact: Need for Conveyance of Approximately 1,244,000 Gallons per Day of Potable Water to the Project Site Facts The Project would require 588,000 gallons of potable water and 656,000 gallons of irrigation water per day. The Project's impacts on water supply in general are discussed at pages 9-1 to 9-6 of the DEIR. The Project's impacts on the need for increased potable water supply are discussed at pages 9-29 to 9-30 of the DEIR and at pages L5-4, II=33, L8-2, II-44, L 10-4 to L 10-6,II-54 to II-57,and III-31 of the FEIR. 48 Fidi gs Based upon the Record, this Board finds that the impacts of increased need for potable water supply will be substantially lessened by the imposition of Mitigation Measures 9.1 and 9.2 set forth in Attachment 1 to these Findings. This finding refers to the project's impact on water supplies in EBMUD's service area,and not to the availability of an adequate supply of water to serve the project, which finding is made in this Board's concurrent resolution approving the subdivision map. Notwithstanding the foregoing,the above-described impacts will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR, these alternatives have been rejected as discussed in Section 2(d)(v)below. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi)below. F. Geology and Soils Impact: Substantial Alteration of Existing Topography Facts The Project requires excavation or fill over approximately 80%of the site and some offsite grading. The Project's impacts on geology and soils in general are discussed in Chapter 10 of the DEIR. The Project's impacts on the total amount of grading are discussed at pages 10-13 to 10-14 of the DEIR and at pages L3-10, 11-20, U-2,11-40, 11-41,L25-3,11-82, and III-36 of the FEIR. Findings Based upon the Record, this Board finds that the impacts of substantial grading will be substantially lessened by the imposition of Mitigation Measure 10.1 set forth in Attachment 1 to these Findings. Notwithstanding the foregoing,the above-described impacts will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR,these alternatives have been rejected as discussed in Section 2(d)(v)below. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi)below. 49 Impact: Potential Structural Damage and Possible Personal Injury Resulting from Ground Shaking During a Seismic Event Facts The Project would be built in a seismically active region, which could result in property damage and injuries in a major earthquake. The Project's impacts on geology and soils in general are discussed in Chapter 10 of the DEIR. The Project's impacts on the impacts of a seismic event are discussed at page 10-15 of the DEIR and at pages L20-1, II-75, and III-36 of the FEIR. Findings Based upon the Record, this Board finds that the impacts of a major earthquake and associated earth shaking will be substantially lessened by the imposition of Mitigation Measures 10.2 and 10.3 set forth in Attachment 1 to these Findings. Notwithstanding the foregoing,the above-described impacts will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR,these alternatives have been rejected as discussed in Section 2(d)(v)below. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi) below. G. Visual QualitX Impact. Substantial Alteration of Existing Landforms Facts The Project requires extensive grading and terracing of hills, valleys, and slopes to accommodate residences and roadways, significantly affecting views throughout the Project site. The Project's impacts on visual quality in general are discussed in Chapter 11 of the DEIR. The Project's impacts on the visual effects of landform alteration are discussed at pages 11-9 to 11-10 of the DEIR and at pages L3-11, II-21, L7-2, L74, II-40 to II-42, L9-5, II-51, and III-38 of the FEIR. Findings Based upon the Record,this Board finds that the visual impacts of landform alteration will be substantially lessened by the imposition of Mitigation Measures 10.1, 11.1, 11.2, 11.3, and 11.4, set forth in Attachment 1 to these Findings. Notwithstanding the foregoing, the above-described impacts will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR, these alternatives have been rejected as discussed in Section 2(d)(v)below. 50 Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi) below. Impact. Change in Visual Character and Reduction in Visual Quality Facts The Project would permanently change the visual character of the Project site . from rural/pastoral to residential/commercial, causing a substantial reduction in the visual quality of the site. The Project's impacts on visual quality in general are discussed in Chapter 11 of the DEIR. The Project's impacts on the visual character and visual quality of the Project site are discussed at pages 11-11 to 11-13 of the DEIR and at pages L3-11, L3-12, II-21, L8-3, II-46, L9-5, II-51,and III-38 of the FEIR. Findings Based upon the Record,this Board finds that the impacts on the visual character and visual quality of the Project site will be substantially lessened by the imposition of Mitigation Measures 11.5, 11.6, 11.7, 11.8, 11.9, 11.10, 11.11, 11.12, 11.13, and 11.14, set forth in Attachment 1 to these Findings. Notwithstanding the foregoing,the above-described impacts will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR,these alternatives have been rejected as discussed in Section 2(d)(v)below. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi)below. Cumulative Impact: Regional Loss of Rurahpastoral Visual Character, Reduced Views of Open space, and Loss of Scenic Views in the Region Facts J The Project and other reasonably foreseeable projects that are expected by the year 2010 would reduce the rural/pastoral visual character and scenic views in the region. Impacts on visual quality in general are discussed in Chapter 11 of the DEIR. The cumulative impacts on rural/pastoral visual character and scenic views in the region are discussed at page 11-19 of the DEIR. 51 Findings Based upon the Record,this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 on rural/pastoral visual character and scenic views in the region will be substantially lessened by the imposition of Mitigation Measures 11.1 through 11.23, set forth in Attachment 1 to these Findings. Notwithstanding the foregoing, the above-described cumulative impacts will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR, these alternatives have been rejected as discussed in Section 2(d)(v)below. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi) below. H. Biological Resources Impact. Loss of Potential Breeding Burrowing Owl Habitat Facts Three burrowing owls, a state species of special concern, have been observed on the Project site,and the Project could eliminate potential breeding habitat for the bird. The Project's impacts on biological resources in general are discussed in Chapter 12 of the DEIR. The Project's impacts on habitat for potential breeding burrowing owls are discussed at pages 12-29 to 12-30 of the DEIR and at pages L6-8 to L6-10, 1I-37 to II-39, 1,25-1, II-81, III-40, and III-41 of the FEIR. Findings Based upon the Record,this Board finds that the impacts on habitat for potential breeding burrowing owls.will be substantially lessened by the imposition of Mitigation Measure 12.7, set forth in Attachment 1 to these Findings. Notwithstanding the foregoing,the above- described impacts will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR,these alternatives have been rejected as discussed in Section 2(d)(v)below. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi)below. 52 I. Energy Conservation Impact. Operation-Related Transportation Energy Consumption Facts The Project's residences and other activities would create a substantial demand for transportation and associated energy consumption. The Project's impacts on energy conservation in general are discussed in Chapter 13 of the DEIR. The Project's impacts on operation-related energy consumption for transportation are discussed at page 13-5 of the DEIR and at pages L3-7, II-11,and II-15 of the FEIR. Findings Based upon the Record,this Board finds that the impacts on operation-related energy consumption for transportation will be substantially lessened by the imposition of Mitigation Measures 13.8, 13.9, 13.10, and 13.11, set forth in Attachment 1 to these Findings. Notwithstanding the foregoing, the above-described impacts will remain significant. Although such impacts may be partially reduced under one or more of the Project alternatives studied in the EIR,these alternatives have been rejected as discussed in Section 2(d)(v)below. Overriding Considerations The environmental,economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi) below. J. Hydrology and Water Quality Cumulative Impact. Increased Runoff and Flooding Downstream of the Project,Site Facts The Project and other reasonably foreseeable projects that are expected by the year 2010 could result in increased damage from a 100-year flood event downstream from the Project site, due to inadequate flood control systems downstream. Impacts on hydrology and water quality in general are-discussed in Chapter 15 of the DEIR. Cumulative impacts of increased flood flows on downstream flood control systems are discussed at page 15-11 of the DEIR and at pages L8-4, 11-47, Table 2-1 (p.9), and III-45A of the FEIR. Findings Based upon the Record,this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to increased flood flows on downstream flood control systems will be substantially lessened by the imposition of Mitigation Measures 15.1, 15.2, and 15.3,.set forth in Attachment 1 to these 53 Findings. However, although the Project's contribution to this cumulative impact would be reduced to preproject levels and the Project would not contribute increased runoff to downstream flood-prone areas, other existing and cumulative projects would continue to contribute to significant flooding impacts downstream of the Project. For this reason,the impact is considered significant and unavoidable. None of the Project Alternatives studied in the EIR would reduce this impact beyond that of the Project. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi) below. Cumulative Impact: Increased Water Quality Degradation Facts Impact: The Project and other reasonably foreseeable projects that are expected by the year 2010 could result in increased water quality degradation from construction activities and urban runoff. Impacts on hydrology and water quality in general are discussed in Chapter 15 of the DEIR. Cumulative impacts of increased water quality degradation from construction activities and urban runoff are discussed at page 15-11 of the DEIR and at pages Table 2-1 (p.10), 111-45A, and III-46 of the FEIR. Findings Based upon the Record, this Board finds that the cumulative impacts of the Project and other reasonably foreseeable projects that are expected by the year 2010 relating to increased water quality degradation from construction activities and urban runoff will be substantially lessened by the imposition of Mitigation Measures 15.4, 15.6, and 15.7, set forth in Attachment 1 to these Findings. Although these Mitigation Measures would reduce the Project's contribution to water quality degradation in the Coyote Creek watershed to preproject levels, and the Project would not contribute to increased water quality degradation, existing urban development and future urbanization in the watershed may cumulatively affect surface water and shallow groundwater quality. This impact is considered significant and unavoidable. None of the Project Alternatives studied in the EIR would reduce this impact beyond that of the Project. Overriding Considerations The environmental, economic, social and other benefits of the Project override these significant adverse impacts as more fully described in the Statement of Overriding Considerations, set forth in Section 2(d)(vi)below. 54 ° (v) Findings Relating to Alternatives CEQA requires an EIR to describe a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objections of the project. The EIR evaluates and compares several alternatives to the Project and this Board's Findings regarding these alternatives are set forth below. A. The Alternatives Described in the EIR Based on the record,this Board finds that the EIR sets forth a reasonable range of alternatives to the Project so as to foster informed public participation and informed decision making and to permit a reasoned choice. The Board finds that the EIR adequately discusses and evaluates the comparative merits of the alternatives. B. The Mitigation Measures Imposed on the Project Will Reduce the Environmental Impacts to An Acceptable Level. As described in the Findings set forth above,the imposition of the Mitigation Measures set forth in Attachment 1 will reduce most of the environmental impacts of the Project to a less-than-significant level. This Board further finds that, with respect to those impacts that cannot be mitigated to a level of insignificance,the Mitigation Measures imposed will substantially reduce those impacts, and that the remaining or residual impacts are at acceptable levels. Notwithstanding these Findings, this Board makes the following additional Findings with respect to the Alternatives identified and discussed in the EIR C. No-Proiect Alternative The "No-Project Alternative" is described at page 3-9 and is analyzed and discussed at pages 17-2 to 17-4 of the DEIR. This Board finds that the No-Project Alternative is infeasible and less desirable than the Project and rejects the No-Project Alternative for the following reasons: As discussed in the Statement of Overriding Considerations, there is a pressing need for additional housing,particularly in areas located close to employment centers. The Project will provide over 1,200 new homes close to major employment centers, of which at least 232 units will be affordable housing units. None of these units would be provided under the No- Project Alternative. C. Reduced Density Alternative The "Reduced Density Alternative" is described at pages 3-9 to 3-10, and is analyzed and discussed at pages 17-5 to 17-11 of the DEIR. This.alternative would provide a maximum of 829 units; and would affect the same physical area as the Project. Although the 55 Reduced Density Alternative would somewhat reduce the extent of grading and visual impacts, as compared to the Project, those impacts would remain significant and unavoidable. The Board finds that the Reduced Density Alternative is infeasible and less desirable than the Project and rejects the Reduced Density Alternative for the following reasons. As discussed in the Statement of Overriding Considerations,there is a pressing need for additional housing, particularly in areas located close to employment centers. The Reduced Density Alternative would result in a 30%reduction in the total number of homes Accordingly, this Alternative would provide considerably fewer benefits than the Project in meeting the County's housing needs. The reduction in units and density provided under this Alternative would also result in a corresponding reduction.in the number of affordable housing units provided. Therefore,this Alternative would contribute substantially less than would the Project toward enabling the County to meet its state-mandated fair share of affordable housing, and would not fulfill the affordable housing objectives of the Project. The DEIR states that the Reduced Density Alternative would have many of the same physical impacts as the Project, and would have the disadvantage of locating fewer units in proximity to traffic arterials, resulting in a project less serviceable by public transit. The land use impacts associated with conversion of the area from vacant grazing land to urban and recreational uses would be the same as with the Project because the physical area of urbanization would be the same. The DEIR indicates that impacts on public facilities, air quality, visual quality biological resources, and energy would be essentially the same under the Project and the Reduced Density Alternative. Impacts on traffic and on soils and geology would be somewhat reduced under the Reduced Density Alternative, but not to levels of insignificance. In sum, the marginal reduction in impacts resulting from this Alternative are outweighed by the substantial economic and social benefits of the Project which result from the addition of a substantial inventory of new housing, including affordable housing, in areas where housing is in increasing demand. D. Valley Development/Reduced Grading Alternative The "Valley Development/Reduced Grading Alternative" is described at pages 3- 11 to 3-13, and is analyzed and discussed at pages 17-5 to 17-11 of the DEIR. This alternative would provide 1,220 units of which approximately 389 would be affordable. The Valley Development/Reduced Grading Alternative would affect a smaller physical area than the Project by removing the golf course and Country Club. This Alternative would substantially reduce the extent of grading and visual impacts, as compared to the Project, but those impacts would remain significant and unavoidable. The Board finds that the Valley Development/Reduced Grading Alternative is infeasible and less desirable than the Project and rejects this Alternative for the following reasons. The Valley Development/Reduced Grading Alternative has the advantage of providing as much housing, and more affordable housing,than the Project, while substantially reducing the total amount of grading and reducing the amount of development on steeper slopes. 56 However, the DEIR concludes that many steep slopes would still require grading for purposes of stabilization. Further,this Alternative could require a more costly approach to hillside development to accommodate the townhouse development on steeper slopes, such as more extensive use of retaining walls, with related visual impacts. The primary disadvantage to the Valley Development/Reduced Grading Alternative is the elimination of the golf course, which is considered a central organizational, visual,and recreational element of the proposed residential community. The golf course also fulfills General Plan provisions encouraging privately developed recreational facilities that are open to the public, and the General Plan goal of developing a sufficient amount of conveniently located park and recreational facilities to serve the needs of County residents. The DEIR states that the Valley Development/Reduced Density Alternative would have many of the same physical impacts as the Project. The land use and external visual impacts associated with conversion of the area-from vacant grazing land to urban and recreational uses would be reduced because the physical area to be developed would be smaller and development would be concentrated on the valley floor. However, the site would still require extensive landform alterations and this impact would remain significant. Also,the absence of the golf course as an open space buffer for the creek, and the closer proximity of housing to the creek corridor could reduce the resource value of that area. The DEIR indicates that impacts on traffic would be somewhat reduced due to the increase in multi-family units and the location of the housing. Impacts on public facilities, air quality, and noise, would be essentially the same under the Project and the Valley Development/Reduced Grading Alternative. Although this Alternative would result in a substantial reduction in some of the physical impacts as compared to the Project, according to the DEIR the impacts of this Alternative would remain significant. Because this Alternative cannot reduce the impacts to insignificant levels,the limited environmental advantages of this Alternative do not offset its failure to achieve one of the Project's basic objectives, which is the inclusion of a golf course and country club as a central organizing feature of the development. The golf course provides not only a public recreational facility, but also a visual amenity which advances general plan policies, and provides relief from the urban environment. Development of the Project without the golf course and country club would also reduce the Project's economic contributions to the community. These include direct benefits such as generation of tax revenue related to commercial activities, and generation of greater property tax revenue from the higher quality homes that can be developed near a golf course, and indirect benefits of attracting those living outside the area to the Project's vicinity, where they would patronize local retail and restaurant establishments. E. Increased Dwelling Unit Alternative The "Increased Dwelling Unit Alternative" is described at pages 3-13 to 3-15, and is analyzed and discussed at pages 17-19 to 17-25 of the DEIR. This alternative would provide 1,429 units, and would affect essentially the same physical area as the Project. The Increased Dwelling Unit Alternative would have somewhat greater impacts on Traffic, Public Services and 57 Visual Quality. Otherwise, the environmental impacts of this alternative would be about the same. as those of the Project. The Board finds that the Increased Dwelling Unit Alternative is infeasible and less.desirable than the Project and rejects the Increased Dwelling Unit Alternative for the following reasons. Although this Alternative would provide additional housing units, including more units of affordable housing,to meet housing needs in County,the resulting density would exceed the density range for Single Family Medium Density Residential of 3.0-4.9, which is considered ' to be the preferable density for this area,taking into consideration the surrounding communities and the potential impacts of such density on traffic and public services. Additionally, this Alternative provides no environmental advantages over the proposed Project. F. Non-Residential Alternative The "Non-Residential Alternative" is described at pages 3-16 to 3-18, and is analyzed and discussed at pages 17-19 to 17-38 of the DEIR. This alternative would provide primarily commercial and recreational land uses with auxiliary transient housing (350-room hotel, 124 corporate villas) and secondary residential uses (250 units for congregate care retirement community). This Alternative would have most of the same environmental impacts as the project, although there would be less peak hour traffic, and less overall grading. Other impacts, such as glare and noise, would be greater. 'The Board finds that the Non-Residential Alternative is infeasible and less desirable than the Project and rejects the Non-Residential Alternative for the following reasons. This Alternative would affect a somewhat smaller area than the project resulting in less total grading. However, the larger buildings would require more extensive landform alteration, including increased heights of manufactured slopes. This Alternative would also require more costly approaches to hillside development, such as more extensive use of retaining walls. The Non-Residential Alternative would result in the permanent preservation of a greater amount of open space, and would have less impact on peak hour traffic. However, it would have greater visual impacts due to increased light and glare due to night lighting requirements of the hotel and conference center and other recreational facilities, as well as for the retirement community. This Alternative would provide hotel and conference center facilities, as well as a research and development office complex. These would be located in close proximity to the Bishop Ranch and Hacienda Park which provide similar facilities, and which appear adequately to fulfill these needs for the area. Further,this Alternative would exacerbate,rather than improve the existing jobs/housing balance by introducing a substantial new source of jobs to a"job rich" area,while providing essentially no housing(except for the retirement community). Although this Alternative is not in direct conflict with County land use policy, it would be a departure from the pattern of residential land uses that surround the site on the west, southwest,northwest and northeast. The limited environmental benefits provided by this Alternative do not offset these disadvantages and its failure to achieve the primary objective of the Project and a goal of the 58 County's General Plan, to provide a broad range of housing in close proximity to employment centers. G. Shoreline Drive Collector Alternative This Alternative would result in no additional significant environmental impacts than those of the Project, and would improve access and circulation for the Project. This Alternative is not inconsistent with the Project, and, accordingly, is adopted as an optional addition to the Project, subject to the Project proponent's ability to secure the right-of-way. (vi) Statement of Overriding Considerations The significant impacts of the Project, described above, after mitigation, have been reduced to acceptable levels. Additionally, in light of environmental, social, economic and other considerations set forth herein, the benefits of the Project outweigh its significant, adverse impacts. The Project Alternatives set forth in the EIR are infeasible in part because such Alternatives would not achieve the attainment of specific social, economic and other benefits of the Project. Those Alternatives that achieve many of the Project's objectives do not reduce many of the significant adverse impacts to levels of insignificance. .Their limited environmental advantages do not outweigh the social, economic and other benefits of the Project, as is discussed in greater detail in Section(v). Based on the record, this Board finds that the following social, economic and other considerations warrant approval of the Project notwithstanding the significant impacts of the project which are not reduced to a less than significant level by mitigation measures. Each of the overriding considerations set forth below constitutes a separate and independent ground for finding that the benefits of the project outweigh its significant adverse environmental impacts and is an overriding consideration warranting approval of the Project. The Project's housing benefits are addressed in the Draft EIR, particularly in Chapter 14. During the past two decades the Tri-Valley region has experienced rapid urban development, and substantial future population and employment growth is forecast for the area. In particular, growth in the services, retail, high-technology manufacturing, finance, and construction sectors of the local economy is expected. The long-term trend in the region is growth in employment opportunities outpacing growth in housing supply. Consequently, demand for new and affordable homes in the area will continue to increase. The Project will help to satisfy the need for new market-rate housing in the region, and will allow for the development of much needed housing to serve the needs of all income groups. The Project will provide a minimum of 232 units of housing affordable to low and moderate income families, and will thus contribute to the supply of affordable housing in the Tri-Valley area. 59 General Plan housing goals include the goal of making available a wide range of housing types and residential densities to meet the needs of all age groups and household sizes . within Contra Costa County's population.' It also includes the goal of meeting the County's obligations to provide its fair share of safe, decent and affordable housing.. General Plan Policy 3-21 provides that housing opportunities for all income levels shall be created. Fair, affordable housing opportunities should exist for all economic segments of the County. This Project will directly implement those goals and policies,by providing new housing in a wide range of types, sizes and densities, with at least 19% of the units meeting Affordability requirements. In addition, these houses will be provided in close proximity to two major employment centers, Bishop Ranch in San Ramon, and Hacienda Business Park in Pleasanton. Another employment center is currently in the planning stages in east Dublin. In addition,hundreds of other companies offer employment opportunities throughout the Tri-Valley area. While employment opportunities strengthen the County's economic base, residential development in.the Project area will increase opportunities for persons to live near their work. This, in turn,provides more opportunity for leisure time activities and creates additional demand for recreational resources. Policy 9-13 of the General Plan states that providing public facilities for outdoor recreation should remain an important land use objective in the County, as a method of promoting high scenic quality, for air quality maintenance, and to enhance outdoor recreation opportunities for all residents. The Project will implement this policy by providing the golf course and country club, as well as parks, and other recreational opportunities, such as important linkages for bicycle routes and an equestrian trail. The golf course also fulfills the General Plan provisions encouraging the development of private recreational facilities that are open to the public, and the General Plan Goals of developing a sufficient amount of conveniently located park and recreational facilities to serve the needs of County residents,and of promoting active and passive recreational enjoyment of the County's physical amenities for the continued health, safety and welfare of its citizens. 60 ATTACHMENT 1 TO CEQA FINDINGS COUNTRY CLUB AT GALE RANCH Mitigation Measure M 4.1: Provide interface buffer plan. The project proponent should provide a plan that indicates how the development would apply buffer design features to minimize land use incompatibility in the area shown in Figure 4-2. This plan should incorporate specific design features that would be provided to create a visual buffer in these areas including landscaping, fencing, grading, natural topographic features, building orientation, and other approaches to sensitive site planning of the affected land use interface. The plan should provide for a visual screening using greenbelts of trees on slope areas between the developments, as considered feasible and appropriate by the geotechnical engineer. This may require the project proponent to obtain slope easements. The Contra Costa County Community Development Department and the Contra Costa County Public Works Department, in their review of tentative subdivision maps, grading and engineering plans, and building permits, should ensure that the above measure is made a condition of project approval, is incorporated into the project construction plans, and is implemented at each appropriate phase of the Project. The Community Development Department would be responsible for monitoring implementation of this mitigation measure at each more detailed stage of development from final development plans and tentative and final subdivision maps to grading and building permits. a 6.1: Restripe the southbound approach to provide one exclusive right-turn lane, one through-lane, and one exclusive left-turn lane at the intersection of Camino Ramon and Crow Canyon Road. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County -Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. m 6.2: Add one westbound exclusive right-turn lane at the intersection of Camino Ramon and Bollinger Canyon Road. The County should condition the project proponent to contribute toward the implementation of this measure. The.Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. m 6.3: Add a third eastbound and westbound through lane at the intersection of Alcosta Boulevard and Bollinger Canyon Road. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. I� 6.4: Add one northbound through-lane at the intersection of Dougherty Road and Bollinger Canyon Road. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. ® 6.5: [DELETED] ® 6.6: Widen the on-ramp to two lanes and add an auxiliary lane on I-680 between Bollinger Canyon Road and Crow Canyon Road. A northbound auxiliary lane between Bollinger Canyon and Crow Canyon interchanges would allow the two-lane northbound on-ramp traffic to merge with freeway traffic before the Crow Canyon off-ramp. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of Caltrans when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with Caltrans. A 6.7: Install traffic signals. Install a traffic signal at the Alcosta Boulevard/ Montevideo Drive intersection. This existing intersection would not require signalization unless the Project is constructed. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this 2 measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. 6.8: Participate in the installation of traffic signals. The Project,should contribute to the cost of installing traffic signals at the following offsite intersections based on its proportionate share of the additional traffic projected to use these intersections. - Dougherty Road at Old Ranch Road, - Tassajara Road at Fallon Extension, - Dougherty Road at Bollinger Canyon Road, - Dougherty Road at South Bollinger Canyon Road, - Bollinger Canyon Road north of East Branch Road, - Bollinger Canyon Road at East Branch Road, - Bollinger Canyon Road south of East Branch Road, - Bollinger Canyon Road at Windemere Parkway, and - Camino Tassajara at Windemere Parkway. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdictions when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdictions. m 6.9: Install traffic signals. Install traffic signals at the intersection of Bollinger Canyon Road with Chanterella Drive and Bollinger Canyon Road with Gale Ridge Road. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. ® 6.10: Design roadways to provide appropriate design speeds and adequate sight distance. Perform grading and road realignment, if necessary, to provide for street designs with adequate sight distances for the appropriate design speeds, in accordance with Caltrans standards. Design landscaping without sight obstructions through curves, and provide sight distance easements where appropriate to prevent future 3 structures and landscaping from obstructing sight distance. Sight distance shall be analyzed with consideration for vertical as well as horizontal alignment of the roadways. . The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. N 6.11: Provide the minimum number of accessible parking spaces for the golf course required by the Americans with Disabilities Act and State of California standards. The County should condition the project implementation of this measure. The Contra Costa County 'Community Development Department and the Public Works.Department would be responsible for monitoring the success of this mitigation measure. E 6.12: Reconstruct the unimproved portion of Dougherty Road to current design standards. Reconstruct the below standard portion of Dougherty Road to current design standards. Dougherty Road will receive resurfacing and minor realignment and pavement widening improvements acceptable to the County Public Works Department as a condition of approval for the Tentative Map. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. 6.13: Provide curb ramps at all intersections. Provide crosswalks at the proposed intersections of Bollinger Canyon Road with Chanterella Drive and Gale Ridge Road. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. 6.14: Provide an additional connection on the north side of the project site, linking the proposed bike lanes on Lilac Ridge Road to the proposed bike trail located east of the project site. Provide a separate bike path or striped bike lanes, on Shoreline Drive between Lilac Ridge Road and Crow Canyon Road to accommodate bicycle traffic to and from the elementary school north of the project site. . The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure when this facility is 4 functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. ® 6.15: Add an exclusive right-turn lane at the intersection of Dougherty Road and Amador Valley Road. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when thisfacility is functioning at its .threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. 6.16: The cumulative roadway network should be modified to incorporate new collector streets to supplement the operation of arterial streets in the Dougherty Valley area. These new collectors would include a connection of Dougherty Road to new developments north of Bollinger Canyon Road, provide a second access route to this development, and reduce volumes at the Dougherty Road/Bollinger Canyon Road intersection. These new collectors should be developed to meet the County General Plan requirements and should include a connection from Dougherty Road north of Bollinger Canyon Road to Bollinger Canyon Road east of Dougherty Road. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. ® 6.17: Provide a "free" eastbound right-turn lane with sufficient acceleration in the southbound direction and add one northbound left-turn lane at the intersection of Camino Tassajara and Windemere Parkway. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure when this facility is .functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. 5 6.18: Add a third through-lane to the eastbound and westbound approaches at the intersection of Alcosta Boulevard and Bollinger Canyon Road. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. 6.19: Widen Bollinger Canyon Road between Alcosta Boulevard and Canyon Lakes Drive to six lanes. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. 6.20: Designate additional routes of regional• significance. Pursuant to the procedures established by the Contra Costa Transportation Authority, designate as Routes of. Regional Significance: Bollinger . Canyon Road, between Alcosta Boulevard and Dougherty Road, and Dougherty Road, between the county line and Crow Canyon Road, and establish appropriate Traffic Service Objectives in lieu of the Measure C-1988 Level of Service Standards for Basic Routes. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdictions. 00 6.21: Review the timing pattern for the control of the intersection of Bollinger Canyon Road and the I-680 Southbound Off-Ramp, and provide an "all-red" clearance for traffic on Bollinger Canyon Road if one is not already provided. Signal indications at San Ramon Valley Boulevard may be in conflict with the westbound approach. This situation may be mitigated by installing a "programmed visibility" head at San Ramon .Valley Boulevard. An additional traffic signal 6 J indication should be considered for the westbound approach to the southbound off- ramp. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. d 0 6.22: Implement improvements at the intersection of Crow Canyon Road and Crow Canyon Place. Review the timing patterns installed and increase the yellow or "all red" clearance interval for Crow Canyon Road traffic. Install Type 40 guide stripes (see Caltrans Traffic Manual Standards) (California Department of Transportation 1985) through the intersection for the eastbound and northbound dual left turn lanes. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. ® 6.23: Install Type 40 guide stripes for northbound and southbound traffic at the intersection of Alcosta Boulevard and Bollinger Canyon Road. The guide stripes should be installed with the recommended improvements'in Mitigation Measure 6.18. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. ® 6.24: Implement improvements to the intersection of Crow Canyon Road and Alcosta Boulevard. The left turn lane from Crow Canyon Road into Alcosta Boulevard should be lengthened and Type 40 guide stripes installed for the northbound to westbound turn lanes. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of 7 the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. ® 6.25: Implement improvements to the intersection of Crow Canyon Road and Camino Ramon. Type 40 guide stripes should be installed through the intersection for the northbound to westbound left turn lanes. The County should condition the project proponent to contribute toward the implementation.of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdiction when this facility is functioning at its threshold of significance. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdiction. ® 6.30: The County should continue to participate with other local agencies in the multi-jurisdictional transportation planning process for routes of regional significance pursuant to Measure C-1988 and adopt an action plan that addresses the traffic impacts of cumulative growth on regional routes. The action plan should identify a consensus among local jurisdictions on feasible improvements to Camino Tassajara, Crow Canyon Road, Bollinger Canyon Road, and the I-680 interchanges at Bollinger Canyon Road, Crow Canyon Road, and Sycamore Valley Road. The action plan should investigate projects and programs to enhance the capacity of routes of regional significance including intersection restriping and intersection widening, extending or upgrading parallel or bypass roadways. The action plan should investigate enhanced transit service to reduce reliance on the automobile. The action plan should investigate programs that reduce the percentage of commute trips made by driving alone. The action plan should evaluate land use strategies and development review monitoring procedures that limit exceedances of roadway capacity from future growth. The action plan should provide a financial program to collect revenues from new development to pay for regional transportation improvements. 8 The County. should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdictions. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdictions. m 6.31: Participate in the regional transportation mitigation program. The County shall require the project proponent to participate in the regional transportation mitigation program as determined through the Measure C-1988 multi jurisdictional planning process to ensure each project proponent is paying its share of the costs associated with the project. The amount of any regional transportation fee or assessment shall be calculated by using the rate in effect at the time of issuance of a building permit or certificate of occupancy for this project, or as otherwise determined by the agency with legal authority to set such fees. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdictions. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdictions. ® 6.32: Adopt a Tri-Valley Transportation Plan. In conjunction with the Measure C-1988 action plan requirements, the county should continue to participate with other local agencies in the multi jurisdictional planning process sponsored by the Tri-Valley Transportation Council and adopt a Tri-Valley Transportation Plan that addresses the traffic impacts of cumulative growth on regional facilities in the Tri-Valley area, including Dougherty Road and I-580 in Alameda County. The County should condition the project proponent to contribute toward the implementation of this measure. The Project's participation in this mitigation measure should.be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure with the approval of the affected jurisdictions. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure in consultation with the affected jurisdictions. ■ 6.33: The project proponent shall reserve right-of-way along Bollinger Canyon Road through the Project for the exclusive use of transit vehicles. To avoid precluding implementation of alternative transportation corridors that may be 9 recommended from multi jurisdictional transportation planning efforts, the following policy and text should be incorporated into the County General Plan: - Accommodate opportunities in the San Ramon Valley to establish or extend transit corridors, collectors or arterial roadways, such as Hacienda Drive into Contra Costa County, to relieve future travel demand on the existing arterial system. The County should condition the project proponent to contribute toward the implementation, of this measure. The Project's participation in this mitigation measure should be based on its proportionate share of the impact. The Contra Costa County Community Development Department and the Public Works Department would be responsible for implementing this measure. The Contra Costa County Community Development Department and the Public Works Department would be responsible for monitoring the success of this mitigation measure. ® 6.34: The project proponent should construct a park-and-ride lot to promote ridesharing by project residents. See Mitigation Measure 13.11. 7.1: Sprinkle water on exposed soil on the construction site to prevent airborne dust from leaving the site. The project proponent should use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site, and increase watering frequency whenever winds exceed 15 mph. Because of the importance of water conservation, only recycled water should be used for compaction and dust-control purposes if an adequate supply of reclaimed water is available onsite or reasonably close to the project site. 7.2: Spray dirt stockpile areas daily. The project proponent should spray all dirt stockpile areas daily as needed. 0 7.3: Implement permanent dust-control measures. The project proponent should implement permanent dust-control measures identified in the approved project revegetation and landscape plans as soon as possible following completion of any soil-disturbing activities. E 7.4: Plant native grass in areas of exposed soil that will be reworked more than 1 month after initial grading. Exposed ground areas that are planned to be reworked more than 1 month after initial grading should be sown with a fast- germinating native grass,seed and watered until vegetation is established. N 7.5: Stabilize areas of disturbed soil not subject to revegetation. The project proponent should stabilize all disturbed soil areas not subject to revegetation, using approved chemical soil binders, jute netting, or other methods approved in advance by the BAAQMD. 10 E 7.6: Restrict construction vehicle speeds to 25 mph or less on unpaved surfaces. The construction vehicle speeds should not exceed 25 mph on any unpaved surface at the construction site. M 7.7: Use electric-powered equipment. The project proponent should utilize electric- powered equipment where practical. M 7.8: Maintain and operate equipment according to manufacturers' specifications. The project proponent should maintain and operate equipment according to manufacturers' specifications, except as required by mitigation measure 7.9. ® 7.9: Implement engine timing retard. The project proponent should implement engine timing retard(4 degrees) for diesel-powered equipment or as recommended by manufacturers. ® 7.10: Install catalytic converters. The project proponent should install catalytic converters on.gasoline-powered equipment where required by law. ® 7.11: Use gasoline-powered equipment. The project proponent should substitute gasoline-powered for diesel-powered equipment where feasible. ® 7.12: Shut off idling equipment. The project proponents should reduce construction equipment emissions by shutting off equipment that would otherwise idle for more than 15 minutes. ® 7.13: Implement intersection mitigation measures. The project proponent should implement the intersection mitigation measures detailed in Chapter 6, "Traffic and Circulation". ■ 7.14: Implement transportation control measures. The transportation control measures listed below are consistent with the proposed guidance in TCM 16 of the BAAQMD 1991 CAP. These measures shall be implemented by the project proponent or other appropriate provider. Commute Travel 1. Vans/carpools. The Project will provide preferential areas for carpools and vanpool pickup and parking. A community bulletin board will be available for carpool and vanpool notices. 2. Bus service. The Project will provide convenient access to public transportation with bus turnouts, passenger benches, and shelters. Retail outlets will sell transit tickets, including discount transit tickets. 11 3. BART connection. Feeder buses to BART are planned in cooperation with local transit authorities. The nearest planned BART station is 5' miles from the Project. 4. Employment. The Project will provide residences near major employment centers in the area. It is expected that a number of residents will work near the Project. This will allow residents to choose among a variety of methods to commute to work, obviating or minimizing the use of private motorized transport. The Project has been designed to provide affordable housing to workers employed nearby. 5. Bike paths. The Project includes an extensive network of bike paths linking the Project to bicycle commuting routes. Bike trails will encourage biking for recreation and utility travel (commuting and shopping). 6. Pedestrian walkways. The Project includes an extensive network of pedestrian pathways, both on street and off street, to encourage nonautomobile modes of transport. 7. Higher density residential development. The Project includes higher density residential development within walking distance of transit corridors. This will allow a large number of residents to choose to walk to bus stops. Noncommute Travel 1. Recreation. The Project will include recreation facilities, such as open space for hiking and parks, within walking and biking distance of residential units. ■ 7.15: Modify traffic signal timing. The County should modify signal timing to improve arterial traffic movement. 0 8.1: Employ noise-reducing construction practices. The project proponent should employ noise-reducing construction practices to reduce the exposure of onsite and offsite land uses to construction noise by incorporating the following measures into contract specifications before the County's issuance of grading permits: - All equipment should have sound-control devices no less effective than those provided on the original equipment. No equipment should have an unmuffled exhaust. - As specified in the CCCGP noise element, construction activities should be concentrated during hours that are not noise-sensitive for adjacent land uses and should be commissioned to occur during normal work hours to provide relative quiet during the more sensitive evening and early morning hours. The County 12 with input from San Ramon shall set the hours of heavy equipment operation when considering tentative map approval. As directed by the Contra Costa County Community Development Department, the contractor should implement appropriate additional noise mitigation measures, including, but not limited to, changing the location of stationary construction equipment, shutting off idling equipment, rescheduling construction activities, notifying adjacent residents in advance of construction work, or installing acoustic barriers around stationary construction noise sources. m 8.2: Provide disclosure statement to future home buyers. The proponent shall prepare a specific disclosure statement to future buyers of homes located adjacent to the golf course, informing them of the potential for intermittent early morning noise impacts. ® 8.3: Construct soundwalls between.Bollinger Canyon Road and noise-sensitive land uses and include noise-reducing measures in building construction. The project proponent should retain a qualified acoustical engineer to evaluate the site- specific traffic noise conditions at residential land uses and the church site adjacent to Bollinger Canyon Road, taking into account shielding from local topography. Where traffic noise conditions on residential lots and on the church site exceed an Ldp of 60 dB, the engineer should determine the optimum height and location of soundwalls to reduce traffic noise. After approval of the soundwall noise attenuation design by the County in conjunction with San Ramon, the proponent should then construct the soundwalls as specified. e 9.1: Install an onsite water distribution system approved by EBMUD and pay connection fees to finance offsite improvements. The County should condition Project approval on installation of an onsite water distribution system approved by EBMUD. The engineering design of this water system should be approved by EBMUD as a condition of final development plan approval and should be installed before issuance of occupancy permits. The County should also condition Project approval on payment of connection fees to EBMUD to finance construction of needed facilities and provide water service to the site. The Contra Costa Community Development Department would be responsible for monitoring the success of this mitigation measure. f 0 9.2: Require water-efficient landscaping irrigation. The County should require landscaping for which the County has regulatory responsibility to be irrigated with drip systems or water-efficient sprinkler systems, which should be implemented as part of, or immediately following construction by project phase, and should be: calibrated to deliver only the amount of water necessary to sustain the irrigated species, 13 timed to operate in the early morning,and designed and adjusted to avoid sprayover onto adjacent barren surfaces (such as sprinkler sprayover from median strip irrigation onto adjacent asphalt). The project proponent should install a sleeving system capable of allowing distribution of reclaimed water to the golf course, public parks and landscaped areas and (private) common area landscape in accordance with the project improvement plans. Also, onsite irrigation systems for the above-mentioned facilities should be plumbed separately of other water systems. This will allow reclaimed water to be provided to the Project if reclaimed water service to the project site is developed. This measure is consistent with CCCGP Goal 7-H and Policy 7-26. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measure. m 9.3: Require demonstration of adequate water supply. In accordance with General Plan policies, the County shall require the proponents of development projects to demonstrate at the project approval stage that there is adequate water to serve the Project. m 9.4: EBMUD can and should carry out the Water Supply Management Plan alternative adopted by its board. The WSMP alternative was designed to ensure the EBMUD will have water supplies sufficient to meet water demands within its service district projected for 2020. In the event EBMUD does not or cannot implement one or more of the components of its preferred alternative for addressing the projected increase in water demand, EBMUD can and should pursue the other options available to it for meeting future water demand, as described in the EIR to its WSMP. The County and EBMUD should also encourage project proponents outside the EBMUD service area to pursue water supplies from sources other than EBMUD in order.to alleviate the impacts on EBMUD's water sources and to diversify and enlarge the water supply sources for the region. ® 9.6: Implement Mitigation Measures 7.1-7.6, 8.1, 10.8, and 11.22. These mitigation measures are described in the above referenced chapters. m 9.7: Continue to implement CCCGP wastewater management policies and programs. The County should continue to implement CCCGP Policy 7-33 to require new development to demonstrate wastewater treatment capacity and Implementation measure 7-t to conditionally approve all tentative subdivision maps and other preliminary development plans on verification of adequate wastewater treatment capacity for future projects within Central San service area. The Contra Costa Community Development Department would be responsible for monitoring the success of this mitigation measure. 14 0 9.8: .Establish a supplemental law enforcement service funding mechanism to provide the equivalent of 3.3 officers. The County should condition approval of the Project on establishment of a supplemental funding mechanism to augment existing funding and ensure that the Project receives adequate law enforcement services. The project proponent and the County should identify and implement a funding mechanism that could include formation of a project-specific police service district, formation of a CSA, annexation to the countywide P-6 police service district, or other financing mechanism necessary to deploy the equivalent of 3.3 officers (at project buildout) and all associated training and capital equipment costs to provide traffic- and non-traffic-related law enforcement service to the project site. If feasible, a project-specific police service district should be formed which would assume traffic related services from the CHP. The County should provide approximately three to five law enforcement officers trained in traffic-related law enforcement and one vehicle equipped with radar. Three officers would be sufficient to provide a daytime patrol during the workweek, including holidays, and five officers could provide 24-hour patrol, 7 days per week (Snell pers. comm.). The exact number of officers to be employed by the district should be determined by the district officers and future district residents. However, enough deputies should be employed during project phasing to ensure that the response time standard (contained in CCCGP Policy 7-59) and the departmental standard of one patrol officer per 1,000 population are continually met. Officers should be hired and deployed on traffic patrol as soon as sufficient funds exist to acquire and maintain the vehicle and employ one officer. The initial traffic officer's work hours should be set to coincide with peak traffic hours when most traffic violations occur. Hours of patrol should be expanded as soon as funds are available to hire the additional officers needed to cover those hours. If a CSA is formed or if the Project is annexed to the countywide P-6 police district and traffic enforcement continues to be provided by the CHP, the County should provide additional funding mechanisms to ensure that law enforcement staffing levels and response standards are maintained. The Contra Costa County Community Development Department and CCCSD would be responsible for monitoring the success of this mitigation measure. ® 9.9: Integrate defensible space features. The County should require the project proponent to integrate defensible space features recommended by CCCSD into the project design. These features should include: - landscaping parks, open spaces, and trails to allow observation from roadways and adjacent residences; - designing trail fencing to provide maximum visibility from surrounding roadways; 15 designing and spacing light standards in parks and along trails to provide continuous twilight-level intensity night lighting; and designing vandalism-resistant features; such as unbreakable lenses, into light standards. The Contra Costa County Community Development Department, in conjunction with CCCSD, would be responsible for reviewing landscaping plans and monitoring the success of this mitigation measure. m 9.10: Establish a substation funding mechanism. The County should condition approval of the Project and future projects in the Valley Substation service area on a fair-share contribution toward provision of additional substation space. The contribution may be authorized under an assessment district, establishment of a CSA, or other appropriate method. The contribution should be adequate to fully fund development of additional substation space at a ratio of 155 square feet per 1,000 population to implement CCCGP Policy 7-57. The Project's fair-share contribution would be based on the cost to provide approximately 516 square feet of substation space (155 square feet multiplied by 3.332; based on a project population of 3,332). The, funds obtained from the Project should be combined with funds from assessments of other future projects in the substation service area and held on account until sufficient funds are available to feasibly construct the required substation space. ® 9.11: Ensure adequate fire protection service. If fire protection service is to be provided by DRFA (rather than SRVFPD), the County should condition approval of the Project on the provision of adequate fire protection service. To ensure that the 5- minute response time standard of CCCGP Policy 7-63 is met, the County should require the project proponent to locate a temporary fire station on the project site to serve project development. A residence on the project site could be used as a fire station. During the first phase of project construction, the station should be equipped with one structural fire engine and a crew of three full-time firefighters. Additional equipment and"staffing should be provided as needed during future phases of the Project to ensure that the 5-minute response time standard is met. Secondary impacts associated with this mitigation measure include occasional engine and siren noise from departing fire trucks and visual impacts associated with exposed fire trucks and equipment, including any hose drying towers that may be located in the yard. These secondary impacts are not expected to be significant. The temporary fire station and equipment should be financed by a county service area or other appropriate funding mechanism. The Contra Costa County Community Development Department and DRFA would be responsible for ensuring the success of this mitigation measure. ® 9.12: Implement and maintain wiidland fire protection measures. The County should condition approval of all building permits on the implementation and proper maintenance of wildland fire protection measures. These measures should meet with 16 the approval of the fire protection district responsible for the project site (either SRVFPD or DRFA),but may include any or all of the following measures: continue grazing leases on the undeveloped portions of the project site for as long as feasible to reduce fuel volume of annual grasslands; construct and maintain irrigated fire buffers 25-50 feet wide in wildland/urban interface areas to be designated on all final subdivision maps. include in project conditions, covenants, and restrictions (CC&R's) a provision to require homeowners in interface areas.to maintain their private property to eliminate flammable materials and keep yard areas in a debris-free and fire-safe condition; and construct and maintain emergency vehicle access to open space areas. in accordance with fire protection standards. The Contra Costa County Community Development Department and the responsible fire district (i.e., SRVFPD or DRFA) would be responsible for reviewing plans and for monitoring the success of this mitigation measure. ® 9.13: Ensure that fire .protection service meets performance standards. The County should condition approval of new development on the fire protection agency meeting the 5-minute response time standard of CCCGP Policy 7-63 (running and set-up time) for 90% of calls in central business district, urban, and suburban areas. If new equipment must be purchased or a new fire station must be established to meet this standard, new development should be required to supply supplemental funding necessary to purchase the equipment or to construct, an adequately equipped temporary or permanent fire station. Mechanisms available to generate this funding include a county service area or other appropriate funding mechanism. The equipment or station to be funded by the developer should meet with the approval of the responsible fire agency. The Contra Costa County- Community Development Department and county fire agencies are responsible for ensuring the success of this mitigation measure. ■ 9.14: Install sprinkler systems. The County should condition approval of new development on the installation of sprinkler systems where required by the Uniform Fire Code or the State Fire Marshall to ensure that fire response is adequate. The Contra Costa County Community Development Department and county fire agencies are responsible for ensuring the success of this mitigation measure. ■ 9.15: Prepare and implement a fire management program. The County should condition approval of new development in urban/wildland interface areas on preparation and implementation of a fire management program that meets with the approval of the responsible county fire agency. The fire management program should 17 describe measures to be implemented that would reduce the incidence of wildland fires and potential for wildland fire damage. Measures to be described in the plan include controlled burning, fuel removal, establishment of fire roads, fuel breaks, and water supply. The Contra Costa Community Development Department would be responsible for monitoring the success of this mitigation measure. ■1 9.16: Pursue funding for construction of an additional elementary school. SRVUSD has applied for and should receive Priority One status for construction of the planned Tassajara Valley elementary school, which would have a 660-student capacity and is expected to accommodate elementary school students in the eastern part of the district. If funding is not secured from a bond issue, SRVUSD and Shapell Industries should pursue other state, local, or private sector funding for construction of the proposed Tassajara Valley school. N 9.17: Pursue annexation of a school site into the service districts of water and wastewater service providers and identify other potential school sites. The project proponent, the County, and other interested local agencies should propose and support annexation of a school site adjacent to the Project into the service districts of water and wastewater service providers. Additionally, the project proponent and the School District should cooperate in identifying other sites in the area that might serve as suitable locations for an elementary school, in furtherance of the SRVUSD/Shapell Industries agreement for the provision of additional school facilities. a 9.18: Provide funding for temporary facilities if student generation exceeds the actual capacity of the SRVUSD. The Community Development Department should require that the project proponents establish an acceptable funding mechanism and plan for providing temporary modular buildings, until new facilities can be constructed, for any offsite elementary school(s) affected by students generated by the Project if SRVUSD is unable to accommodate additional students anywhere in the district. ® 9.19: Require annual review of student generation and facilities capacity. During project construction, the Community Development Department, the project proponent, and the SRVUSD should meet annually to review and monitor the number of students being generated by the project,the progress of schools under construction, and the number of building permits issued, in order to determine the necessity for the implementation of any or all of Mitigation Measures 9.16, 9.17, and 9.18. N 9.20: Continue to implement CCCGP policies and programs to support schools. The County should continue to implement CCCGP Policy 7-144 to support provision of quality schools by coordinating development review for future development with SRVUSD, including such activities as designating school sites, obtaining dedications 18 , of school sites, and supporting local fees, special taxes, and bond issues intended for school construction within SRVUSD. The Contra Costa County Community Development Department in consultation with SRVUSD is responsible for ensuring the success of this mitigation measure. 00 9-21: Ensure that childcare facilities are provided. The project proponent should ensure that childcare facilities are provided to serve the Project according to the County's childcare ordinance as a condition of project approval. This could include identifying capacity at existing childcare centers or dedicating and ensuring the construction of additional facilities. Childcare facilities should be located:on school sites or transit routes and within 0.25 mile of the schools that the children housed at that facility attend and according-to general plan Policies 7-151, 7-152, and 7-155. The Contra Costa Community Development Department would be responsible for monitoring the success of this mitigation measure. m 9-22: Develop parks and pay in lieu fees for additional parkland. The County should condition approval of the Project on development and dedication of the onsite parks to meet county standards and should require the project proponent to pay park dedication in lieu fees as specified by county ordinance for those dwelling units not mitigated by the provision of 7.4 acres of onsite parkland. The in lieu fees should be held in a separate account to fund future park facilities on land dedicated by the project proponent. Alternatively, the project proponent may purchase or build facilities offsite equal in value to the expected fee contribution. The County should establish a mechanism to collect and apply these fees as appropriate to meet CCCGP Growth Management Element, Public Facilities/Services Element, and Open Space Element policies. A county service area may be an appropriate vehicle to hold and distribute the fees. If the Project is annexed to San Ramon, the same optional mitigation measures would apply. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measure. 10.1: Prepare final grading plan to reduce cuts and fills, and employ landform grading techniques. Project proponent should direct preparation of a final 40-scale grading plan that includes reduced depth and amount of excavation and fill and the employment of landform grading techniques wherever feasible and where such reduction will not result in an increase in geologic and soil-related hazards such as landsliding. The final 40-scale grading plan should be based on geotechnical criteria provided by the geotechnical engineer for the Project(ENGEO 1992). Additionally, the 40-scale grading plan should be used to implement Mitigation Measure 11.1, described in Chapter 11 of this EIR. This mitigation measure employs appropriate landform grading techniques to emulate natural landforms. 19 The final 40-scale grading plan should be reviewed and approved by Contra Costa County Community Development Department, the Contra Costa County Public Works Department, and the county geologist before issuance of a grading permit by county staff. ® 10.2: Provide earthquake insurance information. The.project proponent should provide to all project property owners at the time of their property purchases information that discloses the ground shaking intensity predicted for the project area, and brochures about earthquake preparedness and household hazard reduction and the need for and purpose of earthquake insurance. This information should be accompanied by a statement that recommends that the property owner consider purchasing earthquake insurance and that includes an affidavit acknowledging that the property owner understands the information and is assuming responsibility for the decision to purchase or not to purchase earthquake insurance. Compliance would be verified through the Department of Real Estate in the Final Public Report. a 10.3: Monitor earthquake fault location. The location and nature of the Sherburne Hills Fault should be investigated by an engineering geologist making field observations during the course of project grading and excavation. Based on the results of this investigation,the project proponent should alter the location and design of structures that may be on or near the fault, if such alteration is determined to be prudent in the judgment of the engineering geologist and geotechnical engineer. This measure is especially pertinent to grading associated with the proposed school sites near the Sherburne Hills Fault northeast of the project site boundary. The results of the investigation should be reviewed and approved by the Contra Costa County Community Development Department, the Contra Costa County Public Works Department, and the county geologist prior to issuance of building permits. The above measure should be made a condition of project approval, incorporated into the project construction plans, and implemented at each appropriate phase of the Project. B 10.4: Avoid landslide and colluvium areas. The project proponent should ensure that the final grading plan avoids development on existing and active landslides, areas of thick colluvium, and zones where debris flows end, except where those conditions have been repaired and stabilized consistent with Mitigation Measure 10.5. Debris flows located in designated open space, park, or golf course areas should be repaired if determined to be prudent in the judgment of the engineering geologist and geotechnical engineer, or these areas should be avoided and posted to limit public access to protect public safety. 10.5: Stabilize landslide and colluvium areas. The project proponent should ensure preparation of a final grading plan that would result in stabilizing landslide and colluvium areas. The following recommendations of the geotechnical exploration report should be implemented: 20 r - Excavate unconsolidated and unstable earth material and colluvium subject to a landslide hazard down to bedrock and replace with compacted and engineered fill. Excavate keyways into firm and stable material and then backfill with compacted material. Appropriately engineered buttresses and retaining walls, debris benches, catchment and deflection structures, and surface, subsurface, and keyway drainage facilities should be constructed, where necessary, according to the specifications in the geotechnical report(ENGEO 1992). Set back all permanent structures from the base of uphill slopes a distance equivalent to one-half the vertical slope height or a maximum of 15 feet. m 10.6: Stabilize expansive soils. The project proponent should direct preparation of a final grading plan that would ensure stabilization of expansive and compressible soils. The following recommendations of alternative methods to stabilize these soils (as listed in the geotechnical exploration report) should be implemented. One or more or these methods should be applied at the discretion of a geotechnical engineer: - Install piers below the zone of moisture fluctuation and a grade beam foundation or a rigid mat foundation as appropriate, according to the design criteria contained in the geotechnical report(ENGEO 1992). - Use appropriate guidelines for slab-on-grade construction for secondary slabs, as established in the geotechnical report(ENGEO 1992). Maintain moisture content of exposed soil by sprinkling for several days before foundation construction. Maintain special requirements for the compaction of expansive soils within the upper 5 feet in building areas to reduce the swell potential to acceptable values. Use the specifications contained in the geotechnical report(ENGEO 1992). Chemically stabilize the expansive clay material under roadways or large building areas with lime. (Implementation of this measure is limited by the high lime content in the naturally occurring soil profiles.) Restrict postconstruction moisture content of soil material under or near structures by a combination of grading for proper drainage away from structures, installation of closed stormwater drains, construction of foundation subsurface drains and underfloor drains, allowance for crawl space ventilation, and emplacement of impermeable barriers. Apply techniques as appropriate, according to the specifications in the geotechnical report(ENGEO 1992). 21 Require evaluation of xeriscaping in landscape design and maintenance to minimize increases in soil moisture caused by landscape irrigation. If deter- mined to be effective for these purposes, require or strongly encourage xeri- scaping, where feasible. The Contra Costa County Community Development Department, the Contra Costa County Public Works Department, and the county geologist, in their review of final grading and engineering plans and building permits, should ensure that above measure is made a condition of project approval, is incorporated into the project construction plans, and is implemented at each appropriate phase of the Project. Phasing and slope maintenance will be in accordance with the financing plan. M 10.7: Control fill material and placement. The project proponent should prepare a final grading plan that ensures control of fill material and placement. The following recommendations of the geotechnical exploration report should be implemented where necessary, as alternative methods to reduce this impact: - Fill materials should be placed at a depth recommended by the geologic engineer,based on the expansion potential of the specific material being handled. - Compact fill material to the*minimum standards recommended in the geo- technical report(ENGEO 1992). - Reduce settlement potential by entirely removing alluvial and colluvial soil material from fill areas in excess of 15 feet in depth. - Place a geogrid isolation mat at a shallow depth within fill material, according to specifications in the geotechnical exploration report (ENGEO 1992), where lateral deformation tolerance is low and such placement is judged advisable by the geotechnical engineer. - Subexcavate soil material and replace with engineered fill to achieve a fill thickness under individual buildings that will not exceed 10 feet. The Contra Costa County Community Development Department, the Contra Costa County Public Works Department, and the county geologist, in their review of final grading and engineering plans and building permits, should ensure that the above measure is made a condition of project approval, is incorporated into the project construction plans, and is implemented at each appropriate phase of the Project. ■ 10.8: Prepare an erosion control program. 'The project proponent should direct preparation of an erosidn control program to control short-term and long-term soil erosion and sedimentation in Coyote Creek and West Branch Alamo Creek. 22 The erosion control program should be prepared to meet the requirements of the Contra Costa County Public Works Department and all requirements of the county grading and erosion control ordinance and should be approved by the County before commencement of grading. The erosion control program should generally include the following elements, as required by the County: - goals for grading, stabilization, and revegetation consistent with the final grading concept plan; - species lists, planting density, and irrigation requirements for restored areas; - locations of all areas where vegetation will be removed; - methods to stabilize these areas; - locations of areas to be revegetated and types, quantities, and methods of seeding, mutating,planting, fertilizing, and irrigating planted areas; - methods to reduce runoff across cut-and-fill slopes and other graded areas; - location and function of sediment traps and debris basins, methods of using the proposed detention basins as sediment traps during construction, provisions for removing sediment after construction, disposal locations and provisions for long-term maintenance, location and type of temporary measures such as hay bales, earth berms, sand-bagging, or silt fences; and - a schedule for implementation so that all erosion control measures will be installed and maintained throughout the rainy season of each construction year. The erosion control plan should also incorporate and implement the following recommendations of the geotechnical exploration report: - Conduct grading and other land disturbance during the normal dry season from April 15 to October 15,to the fullest extent possible. - Divert water from slopes at all times during grading and construction when there is a threat of heavy rainfall. - Construct concrete or asphalt drainage facilities to divert surface water runoff from slopes with heights in excess of 30 feet. 23 Control stream channel erosion by a combination of slope protection, removal of channel debris, rerouting and reshaping of the channel, and revegetation of streambanks. Hydroseed and landscape graded slopes as soon as possible following completion of grading or prior to October 15 of the year grading is performed. Slopes should remain vegetated thereafter. Landscape with drought-tolerant vegetation with drip irrigation at a low frequency. m 10.9: Stockpile topsoil. The project proponent should direct that the following procedures for stockpiling topsoil are incorporated into the final grading plan (Mitigation Measure 10.1) and the ECRC (Mitigation Measure 10.8), and are implemented: Remove and stockpile the surface layer of soil (Ap horizon) in all locations where this is feasible before mass grading begins. This soil should be conserved and managed for future replacement on all landscaped and revegetated areas after the completion of grading. The depth of the Ap Horizon is typically 5 inches for both the Diablo and Clear Lake soil series. If the stockpiled surface soil material is stockpiled for longer than six months, it should not be piled to a depth greater than 4 feet. The surface soil material should be stockpiled for the minimum time feasible, but in any case, stockpiling duration should not exceed 2 years. The stockpiled surface soil material should be replaced with a minimum of compaction, which in any case should not exceed the bulk density of the naturally occurring surface soil horizons. The Contra Costa County Community Development Department, the Contra Costa County Public Works Department, and the county geologist, in their review of final grading and engineering plans and building permits, should ensure that the above measure is made a condition of project approval, is incorporated into the project construction plans, and is implemented at each appropriate phase of the project. ■ 10.10: Design water storage tanks, water distribution lines, and the wastewater collection line to resist potential damage. The project proponents under direction of EBMUD and Central San should design all water and wastewater infrastructure based on a grading plan and engineering geotechnical study prepared as part of grading plans under Mitigation Measure 10.1. The grading plan should be reviewed and approved by the county geologist or an engineering geologist acting on behalf of the County prior to the County's approval of the grading plan for the affected property. Design of water and wastewater infrastructure is also subject to review and approval by EBMUD and Central San. 24 ® 11.1: Emulate existing landforms. The project proponents should design final grading to emulate existing landforms in the immediate vicinity of the graded area. All engineered slope edges should be rounded and slope percentages varied to create undulating, natural-appearing cut-and-fill slopes throughout the project development. Slopes should average 3:1 horizontal to vertical, with no cut slope exceeding 2:1 and no fill slope exceeding 2:1 in steepness. The following guidelines should be used in the project grading design: cut: slopes up to 4 feet =2:1 maximum slopes>4 feet = 3.25:1 maximum fill: ' slopes up to 8 feet =2.1•maximum slopes> 8 feet = 3:1 maximum slopes for buttress fills up to 12 feet =2.5:1 maximum v 11.2: Revegetate with native vegetation. The project proponents should revegetate all finished graded slopes using species and patterns designed to emulate existing native vegetation patterns of the region. The revegetation program should consider substantial tree plantings on graded and slope areas, where practicable. The revegetation program should be designed by a qualified revegetation specialist and implemented as part of, or immediately following construction by project phase. Temporary construction slopes and other undeveloped graded areas should be seeded with a native grass and wildflower mix as specified by erosion control measures. D 11.3: Minimize grading in drainage corridors. The project proponents should minimize grading and alteration of existing landforms, creeks, and drainage elements for the golf course and other recreation areas and trails. The project proponents should design the golf course to maintain all drainages as open drainages and use only small bridges and short culverts for pedestrian, cart path, and maintenance-vehicle crossings. ® 11.4: Use native-appearing construction materials and treatments. The project proponents should stabilize creek banks and treat bridges and other improvements in the creek corridor and all recreation areas using native-appearing construction materials and treatments (e.g., wood, rocks, and textured patterned or earth-tone concrete)where feasible. 11.5: Screen development. The project proponents should implement submitted landscape plans to screen residential development and other built facilities with berms and native vegetation where development would be visually intrusive and incongruous with entrances into the project site. This measure should be implemented as part of, or immediately following construction, where feasible and practical. 25 11.6: Use low-glare earth-tone colors and materials. The project proponents should ensure that only low-glare earth-tone colors are used as the primary color for all buildings, fencing, and other structures visible from adjacent residences, gateways, important viewing locations, and recreation areas and features. The project proponents should design any signs, other than required traffic signs, to relate to the scale of surrounding uses and landscape; the signs should be constructed of native-appearing materials and treatments (e.g., colored and textured concrete, patterned or native stone; or wood) and should use only low-glare earth-tone or subdued colors. v 11.7: Set back structures. The project proponents should set back all houses a minimum of 15 feet from the center of the rounded edge of a cut or fill slope or the rear property line (whichever is closer to the structure) where the structures are to be located above the slopes. For any detached housing unit with a rear yard on the golf course, off street trails or open space, part of the rear yard setback can be 6 feet, provided that the average rear yard setback is not less than 15 feet. Storage structures over 40 inches in height will not be allowed within the minimum rear setback area on dwellings abutting the golf course, trails, or open space. e 11.8: Limit structure height. The project proponents should limit the height of all structures to 35 feet or less for all housing. The building height is defined as the distance between the average exterior grade elevation and the average roof height. 11.9: Preserve major ridgeline. The project proponents should ensure that no buildings or structures (including fencing walls or water tanks) are built in that portion of the southerly open space area designated as a major ridgeline in the CCCGP and indicated on Figure 10-4.. Development and management of the open space area should include provisions to protect this continuous unbroken ridgeline that can be viewed from project gateway areas, recreation areas, residences, and other important onsite or offsite locations. 11.10: Design conforming erosion control features. The project proponents should design any permanent erosion control features (as may be required under Mitigation Measure 10-8) to conform with the existing topography, vegetative patterns, and colors of the area and screen these features with berms and native vegetation. Implementation of this measure should be incorporated into design of these facilities and should be approved by the Community Development Department before the final engineering design plans for these facilities are approved by the Public Works Department of Flood Control District. 11.11: Provide path setbacks. The project proponents should provide a setback for all golf course roads/paths in creek corridors and establish and maintain a native vegetation buffer in the setback area between the creek and road.. The setback would vary in width according to creek size and depth. 26 11.12: Retain native vegetation. The project proponents should retain and revegetate with native vegetation existing drainages where feasible. Creek crossings for golf course roads/paths should be perpendicular and use bridges where feasible to avoid filling creek channels. The revegetation program should be designed by a qualified revegetation specialist implemented as part of, or immediately following construction by project phase, and should be approved and monitored by the County as a condition of tentative map approval. IM 11.13: Establish a native vegetation buffer. The project proponents should establish a native vegetation buffer a minimum of 50 feet wide between creek centerlines and recreation features (e.g., golf course facilities, tennis courts, and other active recreation features)for Coyote Creek throughout the project site. ® 11.14: Design creek crossings to reduce visual impacts. The project proponents should design the Bollinger Canyon Road crossings of Coyote Creek and West Branch Alamo Creek as bridge structures that avoid physical intrusion into the channel area. The design should incorporate innovative techniques to retain, contour grade, drain, and revegetate the bridge abutment areas. The surface texture and color used in these bridge designs should implement Mitigation Measure 11.4. The bridges and transition design should be approved by the Contra Costa County Public Works Department and Community Development Department. The Contra Costa County Community Development Department and the Contra Costa County Public Works Department, in their review of final grading and improvement plans, should ensure that the above measures are incorporated into the Project's design and made conditions of Project approval. Phasing and landscaping maintenance considerations will be addressed in accordance with the financing plan. E 11.15: Site water tanks to minimize visibility. If EBMUD requires additional water tanks in the locations indicated on Figure 10-9, the tanks should be positioned to minimize their visibility from several directions by selecting specific sites on the shoulder of hills or ridgelines and by using construction methods such as full or partial burial, construction of berms, planting of native vegetative screens, and use of low-glare earth-tone colors that blend closely with the surroundings. Underground water distribution lines should be extended to and from the tank sites using access roads if feasible, rather than directly up natural slopes. This measure should be implemented by EBMUD, in their review of conceptual and final water tank siting plans. EBMUD would be responsible for the success of this measure. 9 11.16: Site access road to minimize visibility. EBMUD should minimize visibility and visual impacts of the access road(s) and maintenance roads at water tank sites by selecting routes that approach the site(s) from the direction of maximum tank visibility, and by minimizing road width and cut-and-fill requirements, revegetating disturbed areas with native vegetation, siting roads and varying their width to fit closely with the natural topography, designing road portions located high on hillsides 27 to be 4%outsloping, with rolling dips and road portions located low on hillsides to be insloping with ditches and culverts. 11.17: Locate fire roads to minimize visibility. The project proponents should locate fire roads in debris catchment basin areas or on the tops of buttress fill areas, as feasible,to further reduce fire road visibility. 11.18: Design fencing to minimize visibility The project proponents should use low fencing of welded wire mesh or barbed .wire strand no higher than necessary to control stock and domestic animal access. 0 11.19: Design stormwater detention facilities to fit landform patterns. The project proponents should design stormwater detention facilities to fit the area's natural landform patterns and be curvilinear in form and with undulating sideslopes averaging 3:1 or less in steepness, use natural-appearing materials and colors for drainage facility structures, and screen all drainage facility structures from important viewpoints using native vegetation. ® 11.20: Minimize offsite night lighting visibility. :The project proponents should design lighting for areas of concentrated night lighting, such as the club house, driving range, tennis courts, church, and parking lots, to minimize their offsite visibility by using downward-oriented high-pressure sodium lights and physical screening materials subject to approval of the Contra Costa County Community Development Department prior to issuance of site building permits. ® 11.21: Use low-glare earth-tone colors. The project proponents should ensure that only low-glare earth-tone colors are used as the primary color for all buildings, fencing, pavement, and other structures visible from adjacent residences, gateways, important viewing locations, and recreation areas and features, subject to approval of the Contra Costa County Community Development Department prior to issuance of site building permits. ® 11.22: Delineate no-grading zones. The project proponents should, for the duration of the construction operations, stake, flag, or fence off all areas not to be graded and prohibit any construction operations in areas determined to be no-grading zones. Temporary creek crossings for construction access should be minimized and should be located at focused and preapproved crossing locations. All creek crossings should be restored and enhanced to conditions specified in the restoration plan. Additionally, grading and alteration of existing landforms, creeks, and drainage elements for the construction staging areas,borrow sites, and stockpiling areas should be conducted at preapproved areas and should not be located in the Coyote Creek channel preservation corridor, in the West Branch of Alamo Creek (Figure 375), or in open space areas. 28 ® 11.23: Implement design guidelines. The Project should be designed to ensure that urban design, architecture, and landscape design features used in the designated scenic corridor compensate for alterations introduced by the Project. Project design guidelines should be implemented to provide standards for achieving attractive, high-quality urban development that will compensate for alterations and enhance the County-designated scenic route. The Contra Costa County Community Development Department, in its review of design and improvement plans, should ensure that the above measures are incorporated into the project design and made conditions of project approval. m 12.1: Avoid adverse impacts on creek and wetland habitats. The County should condition project development to avoid adversely affecting creek or wetland habitat in open space and parks and recreation use areas to the fullest extent possible during final project planning by rerouting proposed trails and pathways and relocating proposed facilities outside wetland areas. The following guidelines are designed to protect wetlands and riparian areas during and after project construction: - Avoid placing recreational, utility, or support facilities in wetlands. - Inform construction management and site staff of the importance of protecting natural resources during construction. A qualified biologist should perform this task. - Prepare and implement a plan for temporary construction fencing sensitive natural resource areas, in consultation with a qualified biologist. Avoid construction activities near creek and wetland habitats during the breeding season (March 15--July 15) to minimize disturbance of breeding wildlife. In general, construction within riparian habitats, along with a 150-foot buffer zone, should be prohibited during the breeding season(March 15-July 15). Retain a qualified biologist to monitor construction activities throughout the duration of the project to ensure that no construction or staging activities damage sensitive areas. Place signs along trails and other recreational use areas that explain the value of and threats to riparian and wetland habitats provide information on species inhabiting the riparian habitats. Place signs along trails entering the riparian corridor, wetlands, and other open space areas requiring pets to be leashed. In addition to serving as an educational tool, the signs would help discourage human and domestic pet intrusion into riparian habitats and possibly lessen further impacts on the riparian habitats. 29 Minimize the amount of light broadcast in the riparian area by restricting the height of light fixtures along pathways (2-3 feet) and shield and direct lighting downward toward the path. m 12.2: Minimize the creation of mosquito breeding conditions. The mosquito abatement district should be included in wetland and riparian habitat restoration and enhancement planning. Recommendations from the abatement district will be used in wetland and riparian habitat design that will minimize the creation of mosquito breeding conditions and reduce the need for mosquito abatement activities. m 12.3: Minimize the disturbance caused by mosquito abatement activities. The local mosquito -abatement district should minimize the disturbance caused by mosquito abatement activities in wetlands during periods of active wildlife breeding activities (March 15-July 15). If mosquito abatement is required during the breeding season, the mosquito abatement district should conduct a wildlife survey to determine if sensitive wildlife species are present that could be disturbed (e.g., tricolored blackbirds and other colony-nesting species). If sensitive wildlife species are present and mosquito abatement is necessary, the mosquito abatement district should contact DFG to determine the appropriate procedures. A 12.4: Prevent or compensate for fill activities in jurisdictional wetlands. The project proponent should prevent dredge or fill activities in jurisdictional wetland areas or compensate for unavoidable loss of onsite freshwater marsh in consultation with DFG, USFWS, RWQCB, and the Army Corps as a condition of a Section 404 permit. To determine the extent and location of areas under Section 404 jurisdiction, a qualified wetland specialist should complete the Army Corps verification of a wetland delineation of the site. Areas determined to be jurisdictional wetlands or other waters of the United States should be protected from discharges of solid or liquid construction material by erecting barricades of hay bales, dikes, or silt fences upslope from the wetlands prior to construction. Proposed enhancement of riparian areas would provide some compensation for or elimination of impacts on wetlands; however, additional mitigation would likely be required to fully compensate for the loss of wetland habitat as a condition of a Section 404 permit. A qualified restoration ecologist should be retained by the project proponent to develop and implement a wetland restoration plan in consultation with the Corps as a condition of a Section 404 permit. The plan should specify the replacement acreages and values required to fully mitigate wetland impacts, including performance standards, length of monitoring, funding sources, timetable for implementation, locations and treatments prescribed for individual mitigation sites, and an assessment of expected results of treatments in meeting performance standards. The mitigation would be considered successful when acres and values have been replaced, the 30 r, . mitigation plantings no longer require active management, and the mitigation sites are protected in perpetuity. The following elements should be included in the restoration plan: - the location, treatment, type, and form of planting stock appropriate for the region and wetland type mitigated; salvage plans for wetland vegetation that will be affected by development of a source of seed or other propagation stock; revegetation sites within protected nondevelopment buffer zones; and monitoring requirements (typically annual or semiannual monitoring for 3 to 5 years)to ensure that plants have successfully established; and remedial measures, such as replanting, enhancement, and control of exotic species that could be employed to ensure success of the mitigation effort. The following elements should also be included for loss of stock pond habitat: A qualified restoration ecologist should develop a wetland mitigation plan in consultation with the Corps as a condition of a Section 404 permit that specifies the location, size, and habitat values of replacement stock ponds. Stock pond habitats would be considered successfully mitigated when the eliminated acreage has been replaced, similar ecological conditions such as emergent vegetation have successfully established in the replacement ponds, and replacement ponds no longer require active management. The following elements should also be included for the loss of perennial and seasonal creeks: Determine appropriate compensation ratios and approaches in consultation with the Corps as a condition of a Section 404 permit. Assess the effectiveness of proposed creek enhancement in replacing lost functions and values. If additional mitigation is required to fully compensate for loss of perennial and seasonal creeks, identify revegetation sites within protected nondevelopment buffer zones. . Monitor plantings semiannually for a minimum of 5 years to ensure that plants have successfully established. If establishment is unsuccessful, implement remedial measures, such as replanting, removal of escapedexotics, or enhancement of similar offsite occurrence. 31 The Community Development Department should ensure that the project proponents have complied with Section 404 of the Clean Water Act before issuing a grading permit. If the impact cannot be avoided, the project proponent should fund preparation of a comprehensive wetland mitigation plan and begin implementation of the plan prior to construction. 12.5: Expand and implement the creek revegetation plan. Implement Mitigation Measures 12.1, 12.2, 12.3, and 12.4 and expand and implement the creek revegetation plan to include the loss of wetland habitat and riparian habitat along West Branch of Alamo Creek. Expansion and implementation of the creek revegetation plan (LSA Associates 1992) should be conducted to include the loss of these habitats associated with the realignment of Dougherty Road not included in the existing creek revegetation plan. ® 12.6: Compensate for loss of willow riparian forest. If elimination of willow riparian forest is unavoidable, the project proponent should replace lost trees by planting stem cuttings for each tree eliminated. Stem cuttings should be planted prior to construction in.open space areas or other places that will be protected from further impacts, including livestock grazing and subsequent recreational use of open space areas. Plantings should be placed as close as possible to the site of impact, and should be collected from trees onsite or in the immediate vicinity of the Dougherty Valley area. Plantings should 'be monitored and maintained semiannually by a qualified biologist or restoration specialist for a minimum of 5 years to ensure that the trees have successfully established. Remedial measures such as replanting, installation of temporary enclosures, or irrigation should be employed if the plantings do not successfully establish during the monitoring period. Impacts on mature riparian forest would be considered successfully mitigated when plantings are successfully established and no longer require active management(e.g., watering). ■ 12.7: Avoid any nesting burrowing owls. The following measures should be implemented to determine if the owls nest on the project site, and if so, to determine what measures need to be undertaken to protect the owls from construction activities and mitigate for the loss of breeding and foraging habitat. If the owls are found to nest on the project site, nesting habitat may be created in the open space area or off the project site to provide suitably protected burrows (possibly the land adjacent to and east of the Dougherty Valley area.) The owls may move to this area on their own or they may be relocated if necessary. Before any project-related construction begins, the project proponent.should conduct burrowing owl surveys in accordance with DFG's current protocol during winter and breeding season in the specific areas to be developed in the year that construction is planned to begin to determine owl numbers, locations, and breeding activities. If the owls do not remain on the project site during the breeding season, the following tasks need not be implemented. The project proponent would conduct burrowing owl 32 surveys prior to issuance of a grading permit affecting any grassland or alkali habitats. If the owls remain at the project site, the project proponent will submit the survey results and a mitigation plan for DFG review and approval, and, in consultation with DFG, agree to a combination of mitigation techniques to minimize the impacts. They may include: - artificial burrow creation, - owl relocation, or - habitat acquisition or enhancement. If the owls are nesting on the project site and DFG recommends additional measures, the project proponent will follow DFG guidelines. If the owls are threatened by construction activities and other management options are not available, the owls may need to be captured and relocated to protected areas on the project site, such as in an open space area (level or nearly level grasslands) or off the project site. Relocation is considered experimental and is not always successful (Johnson pers. comm.). Nesting burrowing owls are site-tenacious and often return to the original site after being relocated (Johnson pers. comm.). Relocation is also time consuming, expensive, and requires intensive manipulation of the owls. Therefore, relocation should be used only as a last resort. Relocating the owls would require a permit from and coordination with DFG. Throughout construction and the life of the Project, no ground squirrel control programs will be permitted in the open space areas and mitigation areas. Ground squirrel control programs could kill burrowing owls or reduce nest burrow availability. The project proponent will complete the burrowing owl mitigation before the Building Inspection Department issues a grading permit. ® 12.8: Minimize golf course runoff into creek. The project proponent should implement mitigation measures to minimize golf course runoff into the creek. - maintain a 50-foot buffer,(average) on each side of Coyote Creek through the length of the golf course; - grading or irrigation in the buffer should be permitted only with the approval of a revegetation specialist and the County; - include native plants in the plantings; 33 control stormwater and irrigation runoff onsite by planting dense turfgrass or hydroseeding grassy slopes; - develop retention basins in Coyote Creek to retain runoff; grade slopes to direct runoff toward swales and away from the creek; direct runoff with grassy swales into rough areas; and construct subsurface drains to collect excess water and direct it toward grassy swales. Prior to approval of the final map, the Community Development Department should verify that the final grading and improvement plans for the proposed golf course are designed to minimize flow into the creek. a 12.9: Reduce grazing intensity on grasslands. The project proponent should manage existing grasslands in the proposed open space areas and in adjoining property under its control to reduce overall grazing intensity at the site by meeting or exceeding minimum management recommendations for leaving residual dry matter (RDM), as described for annual grasslands in the U.S. Forest Service's Range Environmental Analysis Handbook. The grasslands appear to have been grazed at levels exceeding the recommended RDM standards. A qualified range ecologist and a wildlife biologist should prepare specific management recommendations for the open.space areas. These,recommendations should include permissible animal-unit months and vegetative cover requirements to minimize erosion and groundwater impacts. These recommendations should be submitted to and approved by the County Community Development Department before approval of final subdivision maps adjacent to the areas to be grazed. A net reduction in grazing intensity is expected to have a beneficial impact on botanical and wildlife resources by increasing overall vegetative cover and improving plant species diversity, but this measure does not fully compensate for the cumulative loss of grassland habitat, nor does it compensate for fragmentation and isolation of remaining grassland habitat. ■ 12.10: Minimize loss of grassland habitat. In its implementation of the Land Use Preservation Plan, the County should seek to limit the loss of grassland habitat and to maintain large tracts of foraging and breeding habitat by protecting the properties located outside of the urban limit line in this area from development. In approving development in large undeveloped areas within the urban limit line, the County should preserve important wildlife movement corridors between open space areas. ® 13.1: Protect solar access. Each tentative map for residential development should incorporate design features, wherever feasible, to protect solar access. Heating and cooling needs constitute 30% of residential energy usage (California Energy Commission 1992). For the Project,this amounts to 18,605 therms per month for the 34 3 1,216 residential units proposed. Protecting solar access and using orientation and vegetation to reduce the heating and cooling requirements of the structures would substantially reduce energy usage. Tentative maps should include the following elements: - Multifamily.building envelope location and building height should be varied to avoid excessive winter shading of south-facing facades, where feasible. - Building envelope location or setback of single family homes should be varied to avoid excessive winter shading of south-facing facades, where feasible. - Include provisions to control landscaping, including the locations and types of vegetation existing or to be provided on the lots. For developer-installed landscaping, (1) to allow solar gain in winter months, require that evergreen trees should not be located such that mature trees would significantly shade windows on the south side of a residence; (2) deciduous trees should be planted as needed to provide shading within 5 years of east-, west-, and south-facing glazing. The same provisions would guide architectural review of landscape plans by homeowner associations. ® 13.2: Include passive solar design. The developer should comply with the CEC energy budget limits for the project area by using current CEC prescriptive packages. The developer should indicate which package (or performance standard calculation) is being used during the building department plan checking process. Encourage placement of windows and shading elements to take advantage of passive solar opportunities. m 13.3: Include fluorescent fixtures. In addition to the requirements for fluorescent lighting in kitchens and bathrooms as prescribed, regulated, and enforced by Title 24, all lighting fixtures in non-living spaces (i.e., closets, garages, utility rooms, or storerooms) should accept fluorescent bulbs. This measure would not be included in the Title 24 compliance package for the home; it would be included as an additional conservation measure. Where appropriate, all homes should initially be outfitted with fluorescent bulbs with color rendition similar to that of incandescent bulbs. This should be a condition of tentative map approval and should be verified before issuance of the occupancy permit. m 13.4: Further reduce project energy use. Water-heating energy use should be reduced by employing high-efficiency furnaces for water heating with .5% higher efficiency than required by Title 24. Project energy use would be reduced by 1-2%. Inclusion of-this measure would not be part of Title 24 compliance but rather an additional conservation measures. 35 B 13.5: Heat all swimming pools built in the project area using solar heaters or initially equip pools with solar blankets. a 13.6: Provide all new homeowners with a copy of the Home Energy Manual, as currently required by Title 24. The Home Energy Manual (California Energy Commission 1992) provides useful information to homeowners on a wide variety of energy-conserving features, designs, appliances, and practices. This manual should be provided in the home as is any other home or appliance warranty documentation. Compliance should be verified by the County before issuance of occupancy permits. B 13.7: Provide electric vehicle charging facilities. The developer shall provide within the garage area of all project homes a separate electrical circuit for charging electric vehicles. ® 13.8: Provide accommodation for public transit. Public transit service should be extended as development of the Project occurs. Furthermore, feeder bus service to the planned East Dublin/Pleasanton Bay Area Rapid Transit (BART) station should be provided as soon as the station is built. As soon as feasible, public transit service should be extended to include stops along Bollinger Canyon Road in the project area. The traffic study for the Country Club at Gale Ranch anticipates that buses would run every 20 minutes during the peak commute periods and every 40 minutes nonpeak periods, including weekends. Bus stops along Bollinger Canyon Road should be equipped with bicycle racks so that people riding to the bus stops may leave their bicycles there. Feeder bus service to the proposed East Dublin/Pleasanton BART station should be provided from bus stops in the project area and may be part of the extended bus service described above. ® 13.9: Provide accommodation for school bus service. Neighborhood streets in the project area should accommodate school bus service. School bus stops should be placed along residential streets as specified by the SRVUSD, should the SRVUSD decide to extend to the project bus service to local elementary,junior high, and high schools. ® 13.10: Create bicycle and pedestrian routes. Pedestrian/bicycle path and trail connections between transit stops and residences should be convenient and safe, to allow travelers to complete trips without using their automobiles. Bicycle routes should be provided on all major streets in residential areas of the project development. Safe and convenient pedestrian access should be provided along these same routes. ■ 13.11: Provide and promote park-and-ride opportunities. Provision of park-and- ride facilities along major arterial streets to serve transit stops and to serve as meeting 36 points for ridesharing promotes a situation in which project commuters would be able to share public parking facilities for park-and-ride purposes. Because the project site is located at a major gateway to the Dougherty Valley, a shared park-and-ride lot should be provided as part of the Project. The project proponent should designate a site to be used as a park-and-ride lot during the week. The project proponent should ensure development and provision of the park-and-ride lot at the selected site. The project proponent should also notify future residents of the Project of the availability of the part-and-ride lot as part of home sales disclosure documentation. Compliance should be verified by the County. 15.1: Construct an onsite detention basin. The County should condition approval of the Project on the construction of a 30-af onsite detention basin. Bissell & Karn (1993) has performed a preliminary hydrologic analysis to determine the feasibility of using detention basins to reduce 100-year project flood peaks, as discussed above. Study results indicate that an onsite detention basin is feasible and would be the most appropriate mitigation strategy. The basin could be located immediately upstream of the'proposed Bollinger Canyon Road extension. The County should also condition approval of the Project on establishment of a funding mechanism to provide for the maintenance of project site drainage and.storage facilities. The design of this detention basin should be reviewed and approved by the County Public Works Department and County Flood Control and Water Conservation Districts prior to construction. ® 15.2: Establish a storm drain infrastructure system. The County should approve the Project conditioned on the project applicant constructing a storm drainage system approved by the county flood control district that safely conveys runoff from individual homes, lots, and streets to the major creeks via a system of culverts, gutters, and swales. The system should have sufficient capacity to contain and dissipate 10-year floodflows. The County should also condition approval of the project on establishment of a funding mechanism to maintain the Coyote Creek drainage facilities. The design of this storm drain infrastructure system should be reviewed and approved by the County Public Works Department and County Flood Control and Water Conservation Districts prior to construction. ® 15.3: Design Coyote Creek channels to accommodate a 100-year flood event. The County should require all development within the expected post-restoration floodplains to be designed to withstand flooding. As a result of the degraded condition of the creek in the project area, the Project proposes a creek restoration program, which includes the partial regrading of the creek and channel modifications in the areas indicated in Figure 10-9 to accommodate major flood events. The regraded creeks should be stabilized using a combination of vegetation and environmentally sensitive. stabilization techniques. The design of Coyote Creek channel modifications should be reviewed and approved by the County Public Works Department and other appropriate agencies prior to construction. 37 w' E 15.4: Obtain a Construction Activity Stormwater NPDES Permit. The County should condition approval of the Project on the project applicant obtaining a Construction Activity Stormwater NPDES Permit. The permit conditions would include the implementation of an erosion control plan. The project proponent should prepare the erosion control plan to control short-term and long-term soil erosion and sedimentation in nearby streams and rivers(described in Mitigation Measure 10.8). m 15.5: Design bridges that do not interfere with floodflows. The County should condition approval of the project on a bridge design performed by a registered civil engineer that would not interfere with floodflows. Construction of the bridges should also conform to the NPDES permit requirements in Mitigation Measure 15.4 above. The County should require bridge designs to meet with the approval of Contra Costa County Flood Control and Water Conservation District. N 15.6: Implement measures to prevent water quality degradation. The County should condition approval of the Project on the implementation of one or more of the following measures to prevent water quality degradation (consistent with the NPDES permit for the Project): retention basins, detention basins, or storm drain silt/grease traps. The County should require drain outlets to be constructed with energy dissipation structures to prevent erosion and storm drains should be cleaned regularly. The County should maintain the silt and grease traps and ensure that street sweepers clean streets on a regular schedule, particularly before the first storms of the season. The County should also require the project applicants to construct peak floodflow reduction and infiltration structures, such as grass swales, infiltration trenches, and vegetated buffer strips, to reduce water quality degradation. ® 15.7: Implement a substance control program. The County should condition approval of the Project on the project applicant preparing and implementing a substance control program for construction activities to reduce potentially significant impacts on water quality caused by a chemical spill. The substance control program should be required as part of the Construction Activity Stormwater NPDES Permit in Mitigation Measure 15.4. This program should require safe collection and disposal of hazardous substances generated during construction activities and should include an emergency response program to ensure quick and safe cleanup of accidental spills, meeting the requirements of the RWQCB. The County should require the program to meet the approval of the RWQCB. ® 16.1: Monitor grading activities and inform the County Community Development Department if buried cultural resources are discovered. The County should condition the approval of the Project on the implementation of this mitigation measure by the project applicant during construction. To avoid damage or destruction to any potential buried cultural resources, the project proponents and the County should monitor grading activities and should immediately stop all work and inform the County Community Development Department if buried archeological 38 w resources are discovered. In the event of such a find, the project proponents should retain a qualified archeologist who should investigate the site, evaluate its importance under the State CEQA Guidelines and county policy, and provide a recommendation to- the Community Development Department. The County should determine the importance of the cultural resource before authorizing continued grading in the vicinity of the find. The County should also periodically monitor construction activities on the project site to ensure compliance with this measure. m 16.2: Prepare and implement a detailed mitigation plan for any important archeological resources discovered on the project site. If archeological resources discovered during implementation of Mitigation Measure 16.1 are determined by the County to be important, the project proponent should prepare and implement a detailed mitigation plan that includes procedures for resource recovery, avoidance and preservation, or restoration, based on recommendations by a qualified archeologist. The County Community Development Department should review the detailed studies and recommendations and monitor their implementation prior to resumption of grading. 39 ORDINANCE NO. 94- 79 (Country Club at Gale Ranch Development Agreement) Page 1 of 2 WHEN RECORDED RETURN TO CLERK, BOARD OF SUPERVISORS The Board of Supervisors of the County of Contra Costa ordains as follows: Section I. Findings. The Board hereby finds that the provisions of that certain development agreement by and between the County of Contra Costa and Shapell Industries relating to the development known as County Club at Gale Ranch (the "Development Agreement"), a copy of which is attached to this Ordinance as Exhibit 1, and hereby incorporated into this Ordinance for all purposes by this reference, has been found by the County Zoning Administrator to be adequate for approval, is consistent with the County's General Plan and the Dougherty Valley Specific Plan (as established by the terms of the Development Agreement, the determinations of the County Community Development Department, the County Zoning Administrator, and such other information in the record provided to the Board) and that its terms and conditions are consistent with the "Agreement to Settle Litigation Relating to the Dougherty Valley General Plan Amendment, Specific Plan and Environmental Impact Report" dated May 11, 1994. The Board hereby further finds that the underlying development project to which the Development Agreement relates was subject to full and proper environmental review under CEQA, resulting in the certification of an EIR on December 2q 1994, which review encompassed the Development Agreement. Findings regarding same are contained in Board of Supervisors Resolution 9 4/6 4 o and the adoption of this ordinance`ts based on those findings. Section 11. Approval. Pursuant to the authorization provided in Section 65864 et seq. of the Government Code of the State of California, the Board hereby approves the Development Agreement. The Board hereby authorizes the Director of Community Development to execute the Development Agreement on behalf of the County and to file a notice of determination pursuant to Section 21152 of the California Public Resources Code regarding this approval. Section III. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The Board hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance t Page 2 of 2 1 irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase. Section IV. Statute of Limitations. No action or proceeding ("Action") may be brought by a person, public agency, or public or private corporation, partnership, association, organization or other business or non-business entity other than the parties to the Development Agreement or their successors, to attack, review, interpret, set aside, void, or annul all or any part of the Development Agreement or the decision of the County of Contra Costa to approve and execute the Development Agreement, unless the Action is commenced and service made on the County of Contra Costa within 120 days from the County's adoption of this Ordinance. Section V. Effective Date. This Ordinance shall become effective 30 days after passage and, within 15 days of passage, shall be published once with the names of Supervisors voting for and against it in the Contra Costa Times, a newspaper of general circulation published in this County. PASSES and ADOPTED on December 20 , 1994 by the following vote: AYES: Supervisors Smith, DeSaulnier, Torlakson and Powers NOES: Supervisor Bishop ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administra or By: DePL4y Bo rd Chair Date: December 20 , 1994 2 C Xu i 4 it 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: McCutchen, Doyle, Brown&Enersen Attn: Daniel J. Curtin,Jr. 1331 North California Boulevard Post Office Box V Walnut Creek,CA 94596 (Space Above This Line Reserved For Recorder's Use) DEVELOPMENT AGREEMENT BETWEEN COUNTY OF CONTRA COSTA AND SHAPELL INDUSTRIES,INC. RELATING TO THE DEVELOPMENT COMMONLY KNOWN AS COUNTRY CLUB AT GALE RANCH , TABLE OF CONTENTS PAGE Recitals ..........................................................................................................................................1 Section 1. EFFECTIVE DATE AND TERM...................................................................................6 1.1 Effective Date. .................................................................................................................6 1.2 Term.................................................................................................................................6 Section 2. DEFINITIONS.................................................................................................................6 Section 3. OBLIGATIONS OF DEVELOPER AND COUNTY.....................................................8 3.1 Obligations of Developer...........................:.....................................................................8 (a) Generally....................................................................................................................8 (b) Conditions to Current Approvals...............................................................................8 (c) Capital Facilities Fee. ................................................................................................8 (d) Parks Fee....................................................................................................................9 (e) Affordable Housing. ................................................................................................10 (f) Traffic Impact Mitigation........................................................................................10 (g) County Regional Enhancement Contribution..........................................................10 (h) Compliance Monitoring...........................................................................................1 l (i) County Service Area................................................................................................l l 0) Construction of Improvements. ...............................................................................11 3.2 Obligations of County....................................................................................................12 (a) Generally...........:......................................................................................................12 (b) Establishment of County Service Area....................................................................12 Section 4. STANDARDS, LAWS AND PROCEDURES GOVERNING COUNTRY CLUB AT GALE RANCH............................................................................................12 4.1 Permitted Uses, Etc.; Applicable Law...........................................................................12 (a) Vested Rights...........................................................................................................12 (b) Permitted Uses,Etc., of the Country Club at Gale Ranch Site................................12 (c) Applicable Law.............................................................:..........................................13 (d) No Conflicting Enactments......................................................................................13 (e) Exceptions................................................................................................................15 (f) Restrictions and Limitations on the Rate or Timing of Development.....................16 (g) Further CEQA Review.............................................................................................17 (h) Further Assurances...................................................................................................17 (i) Life of Subdivision Maps,Development Plans,and Permits..................................18 4.2 State and Federal Law....................................................................................................18 i _ J TABLE OF CONTENTS (continued) PAGE 4.3 Timing of Construction and Completion.......................................................................18 4.4 Developer Review of On-site Infrastructure Improvements..........................................19 Section5. AMENDMENT..............................................................................................................19 5.1 Insubstantial Amendments.............................................................................................19 5.2 Amendments of Current Approvals, Subsequent Approvals or the Affordable HousingProgram. ..........................................................................................................20 5.3 Parties Required to Amend............................................................................................20 5.4 Non-Assuming Transferees............................................................................................20 Section 6. COOPERATION-IMPLEMENTATION.......................................................................20 6.1 Processing of Subsequent Approvals.............................................................................20 6.2 Reduction in Permitted Number of Units. .....................................................................21 6.3 Eminent Domain Powers. ..............................................................................................22 6.4 Other Governmental Permits. ........................................................................................22 Section 7. COOPERATION IN THE EVENT OF LEGAL CHALLENGE..................................22 7.1 Cooperation....................................................................................................................22 Section 8. DEFAULT; TERMINATION;ANNUAL REVIEW....................................................23 8.1 General Provisions.........................................................................................................23 (a) Defaults.:*..."***"*****"**"*****"**"*"***********.....................................................23 (b) Termination..............................................................................................................23 8.2 Annual Review...............................................................................................................24 8.3 Default by County..................................:.......................................................................25 8.4 Enforced Delay; Extension of Time of Performance.....................................................25 ii TABLE OF CONTENTS (continued) PAGE Section 9. DEFENSE AND INDEMNITY.....................................................................................25 9.1 Developer's Actions. ......................................................................................................25 9.2 County's Actions............................................................................................................26 9.3 Subdivision Agreement and Defense.............................................................................26 Section 10. NO AGENCY,JOINT VENTURE OR PARTNERSHIP.............................................26 Section 11. MISCELLANEOUS ......................................................................................................27 11.1 Incorporation of Recitals and Introductory Paragraph...................................................27 11.2 Severability. ...................................................................................................................27 11.3 Other Necessary Acts.....................................................................................................27 11.4 Construction............................................................:......................................................27 11.5 Other Miscellaneous Terms...........................................................................................28 11.6 Covenants Running with the Land.................................................................................28 11.7 Dougherty Valley Development Strategy......................................................................28 11.8 Mortgagee Rights...........................................................................................................28 11.9 Approval by Mortgagees................................................................................................29 11.10 Notice of Proposed Amendment to Mortgagee..............................................................30 11.11 Remedies........................................................................................................................30 11.12 California Law. ..............................................................................................................30 11.13 Other Public Agencies. ..................................................................................................30 11.14 Attorneys'Fees...............................................................................................................30 11.15 Annexation to San Ramon. ............................................................................................31 11.16 Covenant of Good Faith and Fair Dealing.....................................................................31 iii TABLE OF CONTENTS (continued) PAGE 11.17 Relationship to Settlement Agreement..........................................................................31 Section12. NOTICES.......................................................................................................................32 Section 13. ASSIGNMENT,TRANSFER AND NOTICE..............................................................33 13.1 Assignment of Interests, Rights and Obligations...........................................................33 13.2 Transfer Agreements......................................................................................................33 13.3 Non-Assuming Transferees............................................................................................35 Section 14. NOTICE OF COMPLIANCE........................................................................................35 Section 15. ENTIRE AGREEMENT, COUNTERPARTS AND EXHIBITS..................................36 Section 16. RECORDATION OF DEVELOPMENT AGREEMENT.............................................36 iv DEVELOPMENT AGREEMENT BY AND BETWEEN COUNTY OF CONTRA COSTA AND SHAPELL INDUSTRIES, INC. RELATING TO THE DEVELOPMENT COMMONLY KNOWN AS COUNTRY CLUB AT GALE RANCH THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of this _ day of , 1994, by and between SHAPELL INDUSTRIES, INC., a Delaware corporation ("Developer" or "Shapell"), and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("County"), pursuant to Government Code section 65864 et seq. Developer and County are,from time to time, hereinafter referred to individually as a "Party" and collectively as the "Parties." This Agreement supersedes and replaces that certain development agreement entered into by and between Developer and County dated October 2, 1990 to the degree that such October 2, 1990 development agreement applies to the Country Club at Gale Ranch Site,described below. RECITALS A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs of development, the Legislature of the State of California enacted Government Code section 65864 et seq. (the "Development Agreement Statute"), which authorizes County to enter into an agreement with any person having a legal or equitable interest in real property,regarding the development of such property. B. Pursuant to Government Code section 65865, County has adopted rules and regulations establishing procedures and requirements for consideration of development agreements (Article 26-2.12 of the Contra Costa County Code and Board Resolution No. 85/412). This Development Agreement has been processed, considered and executed in accordance with those County rules and regulations including, without limitation, Section 26-2.1204 of the Contra Costa County Code. 1 C. Developer has a legal interest in certain real property consisting of approximately 618 acres located in the unincorporated portion of the County, as described in Exhibit A attached hereto(the"Country Club at Gale Ranch Site"). D. Developer intends to develop the Country Club at Gale Ranch Site as a residential planned community of 1,216 units, along with an 18 hole golf course with a clubhouse and a driving range, and other uses, as more particularly described in Section 2 of this Agreement ("Country Club at Gale Ranch"). E. County has determined that this Agreement is appropriate for Country Club at Gale Ranch and, therefore, desires to enter into this Agreement. This Agreement establishes planning principles, standards, and procedures to: eliminate uncertainty in planning and guide the orderly development of Country Club at Gale Ranch consistent with the General Plan; mitigate significant environmental impacts; ensure installation of necessary on-site and off-site public improvements; provide for the preservation of substantial permanent open space; make provision for trail facilities; provide funding for traffic improvements and other public purposes; provide for public services appropriate to the development of Country Club at Gale Ranch; provide affordable housing; ensure attainment of the maximum effective utilization of resources within the County at the least economic cost to its citizens; and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted. Furthermore, development of Country Club at Gale Ranch pursuant to the Agreement would result in increased tax, fee and other revenues resulting in fiscal benefits to the County and an improved balance between jobs and housing within the County and the region. . F. In exchange for the benefits to County described in Recital E of this Agreement,together with the other public benefits that will result from the development of Country Club at Gale Ranch, Developer will receive by this Agreement assurance that it may proceed with Country Club at Gale Ranch in accordance with the "Applicable Law" (defined below), and therefore desires to enter into this Agreement. 2 G. County has taken various environmental review and planning actions relating to the development of Country Club at Gale Ranch. These actions include, without limitation, the following: 1. Country Club at Gale Ranch EIR On December 20, 1994, pursuant to the California Environmental Quality Act,the "CEQA Guidelines" and County's local guidelines promulgated thereunder (hereinafter collectively referred to as "CEQA") and in accordance with the recommendation of the County's Zoning Administrator, the Board, by Resolution 94/640, certified a final environmental impact report regarding Country Club at Gale Ranch(the "Country Club at Gale Ranch EIR"). 2. General Plan Amendment. On December 20, 1994, following review and recommendation by the County Planning Commission and the San Ramon Valley Regional Planning Commission, and after duly noticed public hearing and certification of the Country Club at Gale Ranch EIR, the Board, by Resolution 94/641, approved an amendment to the County General Plan (the "General Plan Amendment"), addressing the Country Club at Gale Ranch Site. 3. P-1 Zoning and Preliminary Development Plan. On December 20, 1994, following review and recommendation by the County Planning Commission and the San Ramon Valley Regional Planning Commission and after duly noticed public hearing and certification of the Country Club at Gale Ranch EIR, the Board adopted County Ordinance No.94-77, rezoning the Country Club at Gale Ranch Site to County's "P-1" zoning district consistent with the General Plan (the "P-1 Zoning") and, pursuant to Chapter 84-66 of the Contra Costa County Code, approved a Preliminary Development Plan for the Country Club at Gale Ranch Site in accordance with its P-1 zoning(the "Preliminary Development Plan"). 4. Final Development Plan. On December 20, 1994, following review and recommendation by the County Planning Commission and the San Ramon Valley Regional Planning Commission, after duly noticed public hearing and certification of the Country 3 Club at Gale Ranch EIR, and pursuant to Chapter 84-66 of the Contra Costa County Code, the Board approved a Final Development Plan for the Country Club at Gale Ranch Site (the "Final Development Plan"). S. Vesting Tentative Map. On October 29, 1994, the County Planning Commission, after certifying the Country Club at Gale Ranch.EIR and after duly noticed public hearing, adopted Resolution No. 44-1994 approving a vesting tentative map for the Country Club at Gale Ranch Site. The County Planning Commission's approval of this vesting tentative map was appealed on December 2, 1994. The appeal was heard by the Board on December 13, 1994, and on December 20, 1994, the Board approved a vesting tentative map for the Country Club at Gale Ranch Site by Board Order (the "Vesting Tentative Map"). The General Plan Amendment, P-1 Zoning, Preliminary Development Plan, Final Development Plan, the Vesting Tentative Map and this Agreement are sometimes collectively referred to herein as the "Current Approvals." H. Developer may apply for other land use approvals, actions, agreements, permits or entitlements(collectively,"Subsequent Approvals")necessary or desirable to the development of the Country Club at Gale Ranch Site. The Subsequent Approvals may include, without limitation, the following: design review approvals; improvement agreements and other agreements relating to Country Club at Gale Ranch; use permits; grading permits; building permits; lot line adjustments; sewer and water connection permits; certificates of occupancy; additional subdivision maps (including tentative, vesting tentative, parcel, vesting Parcel, and final subdivision maps); preliminary and final development plans; rezonings; development agreements; landscaping plans; encroachment permits; resubdivisions; and amendments to,or repealing of,the Current Approvals or the Subsequent Approvals. I. On May 11, 1994, County, Shapell, the City of San Ramon ("San Ramon"), the Town of Danville ("Danville"), and Windemere Ranch Partners ("Windemere") entered into an "Agreement . 4 to Settle Litigation Relating to the Dougherty Valley General Plan Amendment, Specific Plan and Environmental Impact Report," relating to Town of Danville, et al. v. County of Contra Costa. et al., Case No. C93-00231,Contra Costa County Superior Court(the "Settlement Agreement"). J. On December 5, 1994, following a duly noticed public hearing, the County Zoning Administrator, in accordance with Section 26-2.1204 of the Contra Costa County Code, made the appropriate findings required by County Resolution No. 85/412 and recommended that the Board approve this Agreement. K. On December 20, 1994 (the "Approval Date"), after duly noticed public hearing and considering the certified Country Club at Gale Ranch EIR, the Board took the following actions: (1)made findings required by Board Resolution No. 85/412, that the provisions of this Agreement are consistent with the General Plan and the Dougherty Valley Specific Plan; (2)made the finding required by Section 3.2.4 of the Settlement Agreement that the terms and provisions of this Agreement are consistent with the Settlement Agreement; (3)by Board Resolution No. 94/640, made the findings required by CEQA; and (4)adopted Ordinance No. 94-79, approving and authorizing the execution of this Agreement. L. By developing Country Club at Gale Ranch in accordance with this Agreement, such development shall be in compliance with the Growth Management Element of the General Plan and all other growth management ordinances, resolutions, rules, regulations, policies, standards, and directives of County. M. Each Party acknowledges that it is entering into this Agreement voluntarily. NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth herein,the receipt and adequacy of which consideration is hereby acknowledged,the Parties agree as follows: 5 AGREEMENT Section 1. EFFECTIVE DATE AND TERM 1.1 Effective Date. This Agreement shall become effective upon the date the Ordinance approving this Agreement becomes effective, or the date upon which this Agreement is executed by Developer and County,whichever is later(the "Effective Date"). However,the "Applicable Law" to which Country Club at Gale Ranch shall be subject shall be as set forth in Section 4.1 below. The Effective Date shall be inserted in the introductory paragraph preceding the Recitals. 1.2 Term. The term of this Agreement (the "Term") shall commence upon the Effective Date and continue for a period of twenty(20)years. Section 2. DEFINITIONS Unless the context requires a different meaning, any term or phrase used in this Agreement that has its first letter capitalized shall have that meaning given to it by this Agreement. Certain such terms and phrases are referenced below; others are defined where they appear in the text of this Agreement, including its Exhibits. "Affordable Housing Program" shall have that meaning set forth in Section 3.1(d) of this Agreement. "Applicable Law" shall have that meaning set forth in Section 4.1 of this Agreement. "Approval Date" shall have that meaning set forth in Recital K of this Agreement. "Board"shall mean the Board of Supervisors of the County. "Capital Facilities Fee" shall have that meaning set forth in Section 3.1(c)of this Agreement. "Changes in the Law"shall have that meaning set forth in Section 4.2 of this Agreement. "Community Development Director" shall mean the Director of the County's Department of Community Development,or his or her designee. "Country Club at Gale Ranch" shall mean the Country Club at Gale Ranch Site and all improvements to be constructed thereon by Developer as described in the Current Approvals and (as 6 and when they are adopted or issued), the Subsequent Approvals, and all off-site improvements to be constructed in connection therewith. "Country Club at Gale Ranch EIR" shall have that meaning set forth in Recital G of this Agreement. "Country Club at Gale Ranch Site" shall have that meaning set forth in Recital C of this Agreement. "County" shall mean the County of Contra Costa, and shall include, unless otherwise provided,any and all of the County's agencies,departments, officials, employees or consultants. "County General Plan"or"General Plan" shall mean the General Plan of the County. "County Law" shall have that meaning set forth in Section 4.1(d) of this Agreement. "County Regional Enhancement Contribution" shall have that meaning set forth in Section 3.1(g)of this Agreement. "Danville" shall have that meaning set forth in Recital I of this Agreement. "Developer" shall have that meaning set forth in the preamble, and shall further include, unless otherwise provided, Developer's successors, heirs, assigns,and transferees. "Dougherty Valley" shall mean all that real property shown on Exhibit B, attached hereto. "Effective Date" shall have that meaning set forth in Section 1.1 of this Agreement. "Final Development Plan" shall have that meaning set forth in Recital G of this Agreement. "Gale Ranch Site" shall mean all that real property owned by Shapell within the Dougherty Valley,as described in Exhibit C, attached hereto. "General Plan Amendment" shall have that meaning set forth in Recital G of this Agreement. "Notice of Compliance" shall have that meaning set forth in Section 14 of this Agreement. "P-1 Zoning" shall have that meaning set forth in Recital G of this Agreement. "Parks Fee" shall have that meaning set forth in Section 3.1(d)of this Agreement. "Planning Commission" shall mean the County Planning Commission. 7 3.2 Obligations of County. (a) Generally. The Parties acknowledge and agree that Developer's agreement to perform and abide by the covenants and obligations of Developer set forth herein is material consideration for County's agreement to perform and abide by the covenants and obligations of County set forth herein. (b) Establishment of County Service Area. County and Developer shall cooperate in (i)the formation, as required by Section 3.3 of the Settlement Agreement and as soon as reasonably practicable, of a County Service Area or other financing entity to receive certain funds and provide certain services, including the operation and maintenance of facilities and infrastructure, as described in Section 3.3 of the Settlement Agreement and (ii)the establishment, as required by Section 3.3 of the Settlement Agreement and as soon as reasonably practicable, of a mechanism adequate to fund the provision of such services as are described in Section 3.3 of the Settlement Agreement. Section 4. STANDARDS,LAWS AND PROCEDURES GOVERNING COUNTRY CLUB AT GALE RANCH 4.1 Permitted Uses,Etc.; Applicable Law. (a) Vested Rights. Developer shall have the vested right to develop Country Club at Gale Ranch pursuant to the Applicable Law. (b) Permitted Uses, Etc.,of the Country Club at Gale Ranch Site. The permitted uses of the Country Club at Gale Ranch Site; the density and intensity of use of the Country Club at Gale Ranch Site; the maximum height, bulk and size of proposed buildings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the location of public utilities; and other terms and conditions of development applicable to Country Club at Gale Ranch, shall be as set forth in the Current Approvals and, as and when they are adopted or issued, the Subsequent Approvals. 12 (c) Applicable Law. The rules, regulations, official policies, standards and specifications applicable to Country Club at Gale Ranch (the "Applicable Law") shall be those set forth in the Current Approvals, the Settlement Agreement, and (as and when they are adopted or issued) the Subsequent Approvals and, with respect to matters not addressed by the Current Approvals, the Settlement Agreement or the Subsequent Approvals (as and when they are adopted or issued), those rules, regulations, official policies, standards and specifications, including County ordinances and resolutions, in force and effect on the Vesting Date. (d) No Conflicting Enactments. Except as otherwise specifically set forth herein, County, whether by action of the Board or otherwise, or by initiative, referendum, and whether through the exercise of County's police power or its taxing power, shall not apply to Country Club at Gale Ranch any ordinance, resolution, rule, regulation, standard, directive, condition or other measure (each, individually, a "County Law") that is in conflict with Applicable Law (including this Agreement) or that reduces the rights provided by this Agreement unless agreed to in writing by Developer. Without limiting the generality of the foregoing, any County Law shall be deemed to conflict with Applicable Law, including this Agreement, or to reduce the rights provided by this Agreement, if it would accomplish any of the following results, either through any Subsequent Approval or the imposition of any condition of approval thereto,, by specific reference to Country Club at Gale Ranch in any other enactment, or as part of a general enactment that applies to or affects Country Club at Gale Ranch: (1) reduce the number of residential units permitted to be developed on the Country Club at Gale Ranch Site, subject to Section 6.2 of this Agreement, to fewer than 1,216 or revise the distribution of those units by density as provided by the Preliminary Development Plan,the Final Development Plan,and the Vesting Tentative Map; (2) otherwise limit or reduce the density or intensity of Country Club at Gale Ranch, or any part thereof, or otherwise require any reduction in the size, square footage or number 13 of lots, proposed buildings or other improvements (including the golf course, club house and driving range); (3) otherwise change any land use designation or permitted use of the Country Club at Gale Ranch Site; (4) limit or control the location of buildings, structures, grading, or other improvements of Country Club at Gale Ranch in a manner that is inconsistent with or more restrictive than the limitations included in the Applicable Law; (5) limit or control the availability of public utilities, services or facilities or any privileges or rights to public utilities, services, or facilities (for example, water rights, water connections, sewage capacity rights, sewer connections, etc.) for Country Club at Gale Ranch; (6) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of Country Club at Gale Ranch as set forth in Section 4.1(f), below, or in any other manner; (7) apply to Country Club at Gale Ranch any County Law otherwise allowed by this Agreement that is not uniformly applied on a County-wide basis to all substantially similar types of development projects and project sites; (8) require the issuance of additional permits or approvals by the County other than those required by Applicable Law; (9) establish, enact, or increase in any manner applicable to Country Club at Gale Ranch, whether directly by the Board of Supervisors or by Board-called or other County election, or impose against Country Club at Gale Ranch, any fees, taxes (including, without limitation,general, special and excise taxes),assessments, liens or other financial obligations other than (i)those specifically permitted by this Agreement (the Traffic Impact Fees, Capital Facilities Fees, Parks Fees, Processing Fees, Permit Tracking System Fees, other costs associated with the Mitigation Monitoring Program, and financial obligations 14 associated with the financing of the operation and maintenance of the facilities and infrastructure and provision of the services set forth in Section 3.2(b) above) and made necessary by Country Club at Gale Ranch; (ii)any County-wide taxes and assessments; and (iii)any tax or assessment levied by County on an area comprising at least 50% of the residential units in the 3rd Supervisorial District of the County. (10) except as provided in Section 4.1(d)(9) of this Agreement, establish, enact, or increase in any manner applicable to Country Club at Gale Ranch, or impose against Country Club at Gale Ranch, any rules, regulations, policies or standards that were not in effect on July 12, 1993 (the date the application for the Vesting Tentative Map was determined by County to be complete, hereinafter the "Vesting Date") or otherwise impose against Country Club at Gale Ranch any condition, dedication or other exaction not specifically authorized by Applicable Law and, except as authorized by the Settlement Agreement, not made necessary by Country Club at Gale Ranch; or (11) limit the processing of applications for, or the obtaining of, Subsequent Approvals. Notwithstanding the foregoing, the Settlement Agreement shall not be considered a conflicting enactment for the purposes of this Agreement. (e) Exceptions. Notwithstanding the foregoing,the following provisions shall apply: (1) Uniform Codes. County may apply the then-current California Building Standards Code referred to in California Health and Safety Code section 18935 and other uniform construction codes to Country Club at Gale Ranch throughout the Term of this Agreement, provided that any such uniform code shall apply to Country Club at Gale Ranch only to the extent that the code has been adopted by County and is in effect in all of the unincorporated areas of the County. (2) Road and storm drainage d� County may apply throughout the terms of this Agreement its then-current design standards for construction of roads and storm drainage 15 facilities, provided that any such standard shall apply to Country Club gat Gale Ranch only to the extent that such standard has been adopted by County and is in effect in all of the unincorporated areas of the County. (3) Processing fees. Fees charged by County which solely represent the reasonable costs to County for County staff time and resources spent reviewing and processing Subsequent Approvals are referred to in this Agreement as "Processing Fees." Processing Fees do not include the Permit Tracking System Fee described in Section 3.1(h) of this Agreement. County may charge Developer the applicable Processing Fees that are operative and in force and effect in all of the unincorporated areas of the County at the time such fees are customarily required by County to be paid. (f) Restrictions and Limitations on the Rate or Timing of Development. In the event a County Law is enacted, whether by action of the Board, the County Zoning Administrator, any County planning commission, or County staff,or by initiative, referendum, issuance of a Subsequent Approval or any other means, which relates to the growth rate,timing, phasing or sequencing of new development or construction in County or, more particularly, development and construction of all or any part of Country Club at Gale Ranch, such County Law shall not apply to Country Club at Gale Ranch, or any portion thereof. County Laws made inoperative by this provision include, but are not limited to, those not in force and effect on the Vesting Date that establish moratoria on development or that tie development or construction to the availability of public services and/or facilities (for example, the presence of a specified traffic level of service or water or sewer availability). Not in limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co.v. City of Camarillo, 37 Cal. 3d 465 (1984),that the failure of the parties therein to consider and expressly provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the Parties' desire to avoid that result by acknowledging that, subject to Section 4.3 of this Agreement, Developer shall have the 16 right to develop Country Club at Gale Ranch in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. (g) Further CEQA Review. County's environmental review of any Subsequent Approval pursuant to CEQA shall utilize the Country Club at Gale Ranch EIR to the fullest extent permitted by law. (h) Further Assurances. (1) To the maximum extent permitted by law, County shall use its best efforts to prevent any County Law from invalidating or prevailing over all or any part of this Agreement, and County shall cooperate with Developer and use its best efforts to keep this Agreement in full force and effect. (2) County shall not support, adopt or enact any County Law, or take any other action,that would violate the express or implied provisions, conditions, spirit or intent of the Current Approvals or the Subsequent Approvals. (3) Developer reserves the right to challenge in court any County Law that would, in Developer's opinion, conflict with Applicable Law, including this Agreement, or reduce the development rights vested by this Agreement. (4) The Parties recognize that County may presently be required by law to defend the validity of any voter-approved County initiative or referendum. The undertaking and provision of any such defense by County shall not be construed in any manner as a violation or default of this Agreement. Consistent with Section 4.1 of this Agreement, a conflicting initiative or referendum shall not apply to the Country Club at Gale Ranch Site or the f development of Country Club at Gale Ranch. (5) Should any moratorium or other growth limitation or restriction be enacted, whether by action of the County or by voter-approved initiative, referendum, or other means (collectively, a "Moratorium"), and the County declines to apply the restrictions of such Moratorium to the Country Club at Gale Ranch Site, Developer shall fully defend County 17 against any legal challenge to County's decision not to apply such Moratorium to the Country Club at Gale Ranch Site. Developer shall'provide all necessary legal services, bear all costs therefor, and otherwise indemnify and hold County harmless from all costs and expenses of any such challenge and litigation, including any award of attorneys' fees in favor of the petitioner or plaintiff. (i) Life of Subdivision Maps, Development Plans, and Permits. The term of the Preliminary Development Plan, Final Development Plan, the Vesting Tentative Map, and any subdivision map or other permit approved as a Subsequent Approval shall automatically be extended to the term of this Agreement as provided under the appropriate provisions of Government Code section 66452.6(a) or Government Code section 65863.9, unless a longer term would result under otherwise applicable state law or, in the absence of such state law, the term given such approval . under local law. 4.2 State and Federal Law. As provided in Government Code section 65869.5, and notwithstanding any other provision of this Agreement, this Agreement shall not preclude the application to Country Club at Gale Ranch of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations ("Changes in the Law"). In the event the Changes in the Law prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with the Changes in the Law, and County and Developer shall take such action as may be required pursuant to this Agreement, including, without limitation, Section 5 (Amendment), Section 6 (Cooperation- Implementation) and Section 8.4 (Enforced Delay; Extension of Time of Performance) of this Agreement. 4.3 Timing of Construction and Completion. (a) Notwithstanding Sections 84-66.1406(1)and 84-66.1602 of the County Code,there is no requirement that Developer initiate or complete development of Country Club at Gale Ranch or any 18 particular phase of Country Club at Gale Ranch within any particular period of time, and County shall not impose such a requirement on any Subsequent Approval. (b) Notwithstanding the Project Conditions, the Parties agree that Developer shall be able to develop in accordance with DeveIoper's own time schedule as such schedule may exist from time to time,and that Developer shall determine the order in which phases of Country Club at Gale Ranch shall be developed. 4.4 Developer Review of Infrastructure Improvements. Developer and San Ramon shall have the right to review and comment on plans for any infrastructure improvement (including, without limitation, streets, roads, trails, and detention basins) to be constructed on the Gale Ranch Site by any private entity. Section 5. AMENDMENT This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the Parties or their successors in interest, in accordance with this Agreement and the provisions of the Development Agreement Statute as follows: 5.1 Insubstantial Amendments. Paragraph G of the County's "Procedures and Requirements for the Consideration of Development Agreements," adopted by Board Resolution No. 85/412, permits a development agreement to establish an alternative procedure for the processing of"insubstantial amendments" to such an agreement. Notwithstanding the other provisions of this Section 5, and pursuant to said Paragraph G, any amendment to this Agreement which does not relate to (i)the Term of this Agreement; (ii)permitted uses of the Country Club at Gale Ranch Site, (iii)provisions for reservation or dedication of land, (iv)conditions, terms, restrictions, or requirements for subsequent discretionary actions, (v)the density or intensity of use of the Country Club at Gale Ranch Site, (vi)the maximum height or size of proposed buildings, or (vii)monetary contributions by Developer, shall not,except to the extent otherwise required by law, require notice or public hearing before the Parties may execute an amendment hereto; provided, however, that nothing in this 19 Section 5.1(a) shall limit any obligations of County under the Settlement Agreement to submit any amendment to this Agreement to the Dougherty Valley Oversight Committee for its review and comment. 5.2 Amendments of Current Approvals, Subsequent Approvals or the Affordable Housing Program. No amendment of a Current Approval (other than this Agreement), Subsequent Approval or the Affordable Housing Program shall require an amendment to this Agreement. Instead,any such amendment automatically shall be deemed to apply to Country Club at Gale Ranch and made subject to this Agreement. Nothing in this Section 5.2 shall modify the limitations applicable to such amendments established by this Agreement. 5.3 Parties Required to Amend. Where a portion of Developer's rights or obligations have been transferred and a"Transfer Agreement" (as described in Section 14.2 below) has been executed in connection therewith, the signature of the person to whom such rights or obligations have been transferred shall not be required to amend this Agreement unless such amendment would materially alter the rights or obligations of such transferee hereunder; provided, however, that any such transferee shall be provided with thirty (30) days' prior written notice of any amendment to this Agreement. 5.4 Non-Assuming Transferees. In no event shall the signature or consent of any "Non-Assuming Transferee" (described in Section 13.3 below) be required to amend this Agreement. Section 6. COOPERATION-IMPLEMENTATION 6.1 Processing of Subsequent Approvals. (a) Upon submission by Developer of all appropriate applications and processing fees for any Subsequent Approval, County shall promptly and diligently commence and complete all steps necessary to act on the Subsequent Approval application including,without limitation, (i)the notice and holding of all required public hearings,and (ii)granting the Subsequent Approval application as set forth below. 20 (b) County's obligations under Section 6.1(a) of this Agreement are conditioned on Developer's provision to County, in a timely manner, of all documents, applications, plans, and other information necessary for County to meet such obligations. It is the express intent of Developer and County to cooperate and work diligently and in good faith to obtain any and all Subsequent Approvals. (c) County may deny an application for a Subsequent Approval by or expressly requested in writing by Developer only if(i) such application does not comply with Applicable Law, (ii) such application is inconsistent with the Current Approvals (provided, however, that inconsistency with a Current Approval shall not constitute grounds for denial of an application for a Subsequent Approval requested by Developer that is an amendment to that Current Approval), or(iii)County is unable to make all findings related to the Subsequent Approval required by state law. County may approve an application for such a Subsequent Approval subject to any conditions necessary to bring the Subsequent Approval into compliance with Applicable Law or make the Subsequent Approval consistent with the Current Approvals, so long as such conditions comply with Section 4.1(d) of this Agreement. If County denies any application for a Subsequent Approval, County must specify in making such denial the modifications required to obtain approval of such application. Any such specified modifications must be consistent with Applicable Law (including Section 4.1(d) of this Agreement), and County shall approve the application if subsequently resubmitted for County review if it complies with the specified modifications. 6.2 Reduction in Permitted Number of Units. Developer shall, subject to the Project Conditions, be permitted to develop 1,216 residential units on the Country Club at Gale Ranch Site. County shall not reduce the permitted number of residential units below 1,216 in order to meet the Project Conditions unless such conditions can be met in no other manner and County shall then reduce the number of permitted residential units by as small a number as will allow meeting such conditions. 21 6.3 Eminent Domain Powers. County shall cooperate with Developer in implementing the Current Approvals and Subsequent Approvals. To the extent permitted by law, such cooperation shall include,but not be limited to,the use by County of its eminent domain powers where necessary to implement the Current Approvals and any Subsequent Approvals. 6.4 Other Governmental Permits. Developer shall apply for such other permits and approvals as may be required by other governmental or quasi-governmental agencies in connection with the development of, or the provision of services to, Country Club at Gale Ranch. County shall cooperate with Developer in its efforts to obtain such permits and approvals. However, County shall not be required by this Agreement to join or become a party in any manner to litigation or any administrative proceeding involving such agencies. Section 7. COOPERATION IN THE EVENT OF LEGAL CHALLENGE 7.1 Cooperation. (a) In the event of any administrative, legal or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any provision of any Current Approval, including this Agreement, or Subsequent Approval, the Parties shall cooperate in defending such action or proceeding to settlement or final judgment including all appeals. Each Party shall select its own legal counsel and retain such counsel at its own expense, and in no event shall County be required to bear the fees and costs of Developer's attorneys. Additionally, Developer shall save and hold harmless County from and against any and all claims and awards for third party attorneys'fees associated with such action or proceeding. (b) The Parties agree that this Section 7.1 shall constitute a separate agreement entered into concurrently with this Agreement, and that if any other provision of this Agreement, or the Agreement as a whole, is invalidated, rendered null,or set aside by a court of competent jurisdiction, the Parties agree to be bound by the terms of this section, which shall survive such invalidation, nullification,or setting aside. 22 Section 8. DEFAULT; TERMINATION; ANNUAL REVIEW 8.1 General Provisions. (a) Defaults. Any failure by either Party to perform any term or provision of this Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other Party, unless such period is extended by written mutual consent, shall constitute a default under this Agreement. Any notice given pursuant to the preceding sentence shall specify the nature of the alleged failure and, where appropriate, the manner in which said failure satisfactorily may be cured. If the nature of the alleged failure is such that it cannot reasonably be cured within such 30-day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure within such 30-day period. Upon the occurrence of a default under this Agreement, the non-defaulting Party may institute legal proceedings to enforce the terms of this Agreement or, in the event of a material default,terminate this Agreement. If the default is cured, then no default shall exist and the noticing Party shall take no further action. (b) Termination. If County elects to consider terminating this Agreement due to a material default of Developer, then County shall give a notice of intent to terminate this Agreement and the matter shall be scheduled for consideration and review by the Board at a duly noticed and conducted public hearing. Developer shall have the right to offer written and oral evidence prior to or at the time of said public hearings. If the Board determines that a material default has occurred and is continuing and elects to terminate this Agreement, County shall give written notice of termination of this Agreement to Developer by certified mail and this Agreement shall thereby be terminated thirty(30)days thereafter;provided, however,that if Developer files an action to challenge County's termination of this Agreement within such thirty-day period,then this Agreement shall remain in full force and effect until a trial court has affirmed County's termination of this Agreement and all appeals have been exhausted(or the time for requesting any and all appellate review has expired). 23 8.2 Annual Review. (a) On or before October 15 of each year, the Developer shall submit to the County Community Development Department a report demonstrating the good-faith compliance with the terms of this Agreement. (b) The Zoning Administrator shall, at a noticed public hearing, consider a staff report regarding Developer's compliance with the terms of this Agreement. After considering the evidence presented at such public hearing, the Zoning Administrator shall adopt, or adopt with modification, the staff report. (c) Prior to January 30 of each year, and based on the staff report adopted or adopted with modification by the Zoning Administrator pursuant to Section 8.2(b) of this Agreement, the Zoning Administrator shall make a determination regarding compliance with the Agreement. If the Zoning Administrator finds and determines that Developer has not complied with the terms of this Agreement, and non-compliance may amount to a default if not cured, then the Zoning Administrator may deliver a Default Notice pursuant to Section 8.1(a) of this Agreement, in which case the provisions of Section 8.1(a) shall apply. If the Zoning Administrator does not send such a Default Notice, then the County, including the Zoning Administrator, shall take no further action. The County, including the Zoning Administrator, may exercise its right relating to any event of default only after complying with Section 8.1(a)of this Agreement. (d) County shall deliver to Developer a copy of all staff reports and documents to be used or relied upon in conducting the Annual Review and,to the extent practical, related exhibits concerning Developer's performance hereunder, at least ten (14)days prior to any such Annual Review. Developer shall be permitted during the Annual Review to respond orally or by a written statement, or both,to County's evaluation of Developer's performance. The Annual Review shall be limited in scope to compliance with the terms of this Agreement. (e) In the event County fails to either: (i)conduct the Annual Review or (ii)notify Developer in writing (following the time during which the review is to be conducted) of County's 24 determination as to compliance or noncompliance with the terms of this Agreement and such failure remains uncured as of March 31 of each year, such failure shall be deemed a determination by County of Developer's compliance with the terms of this Agreement for that Annual Review period. (f) With respect to any year for which an Annual Review is conducted and compliance is determined, or with respect to any year in which County is deemed to have determined that Developer complied with this Agreement pursuant to the preceding paragraph, County, upon request of Developer, shall provide Developer with a written "Notice of Compliance," pursuant to Section 15 of this Agreement. 83 Default by County. In the event County defaults under the terms of this Agreement, Developer shall have all rights and remedies provided herein. 8.4 Enforced Delay; Extension of Time of Performance. Notwithstanding anything to the contrary contained herein, neither Party shall be deemed to be in default where delays in performance or failures to perform are due to, and a necessary outcome of, war, insurrection, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by other governmental entities, enactment of conflicting state or federal laws or regulations, new or supplemental environmental regulations, or similar basis for excused performance which is not within the reasonable control of the Party to be excused. Upon the request of either Party hereto, an extension of time for such cause will be granted in writing for the period of the enforced delay,or longer as may be mutually agreed upon. Section 9. DEFENSE AND INDEMNITY 9.1 Developer's Actions. Developer shall defend, hold harmless, and indemnify County and its elected and appointed officers,agents,employees,and representatives from claims,costs, and liabilities for any personal injury, death, or physical property damage (including inverse condemnation) which arises directly or indirectly, as a result of the construction of Country Club at Gale Ranch, or of operations performed under this Agreement, by Developer or by Developer's contractors, subcontractors, agents or employees, whether such operations were performed by 25 Developer or any of Developer's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Developer or any of Developer's contractors or subcontractors. 9.2 County's Actions. Nothing in this section shall be construed to mean that Developer shall defend, indemnify, or hold County or its elected and appointed representatives, officers, agents and employees harmless from any claims of personal injury, death or property damage arising from, or alleged to arise from, the maintenance or repairby County of improvements that have been offered for dedication and accepted by County for maintenance. 93 Subdivision Agreement and Defense. County and Developer may from time to time enter into subdivision improvement agreements, as authorized by the Subdivision Map Act, Government Code section 66410 et sea., which agreements may include defense and indemnity provisions different from those contained in Sections 9.1 and 9.2 above. In the event of any conflict between such provisions in any such subdivision improvement agreement or the Subdivision Map Act and Sections 9.1 and 9.2 above, the provisions of such subdivision improvement agreement and/or the Subdivision Map Act shall prevail. Section 10. NO AGENCY,JOINT VENTURE OR PARTNERSHIP It is specifically understood and agreed to by and between the Parties that: (1)the subject development is a private development; (2)County has no interest or responsibilities for, or duty to, third parties concerning any improvements until such time, and only until such time, that County accepts the same pursuant to the provisions of this Agreement or in connection with the various Current Approvals or Subsequent Approvals; (3)Developer shall have full power over and exclusive control of Country. Club at Gale Ranch herein described, subject only to the limitations and obligations of Developer under the Current Approvals and Subsequent Approvals, and (4)County and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between County and Developer and agree that nothing contained herein or in any 26 document executed in connection herewith shall be construed as creating any such relationship between County and Developer. Section 11. MISCELLANEOUS 11.1 Incorporation of Recitals and Introductory Paragraph. The Recitals contained in this Agreement, and the introductory paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 11.2 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, Developer may, in Developer's sole and absolute discretion, terminate this Agreement by providing written notice of such termination to County. 11.3 Other Necessary Acts. Each Party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out the Current Approvals and Subsequent Approvals and to provide and secure to the other Party the full and complete enjoyment of its rights and privileges hereunder. 11.4 Construction. Each reference in this Agreement to any of the Current Approvals, Subsequent Approvals or Affordable Housing Program shall be deemed to refer to the Current Approval, Subsequent Approval or Affordable Housing Program as it may be amended from time to time pursuant to the provisions of this Agreement, whether or not the particular reference refers to such possible amendment. This Agreement has been reviewed and revised by legal counsel for both County and Developer, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. 27 11.5 Other Miscellaneous Terms. The singular shall include the plural; the masculine gender shall include the feminine; "shall" is mandatory; "may" is permissive. 11.6 Covenants Running with the Land. Subject to Section 13 of this Agreement, all of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law including, without limitation, Civil Code section 1468. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Country Club at Gale Ranch Site, as appropriate, runs with the Country Club at Gale Ranch Site and, subject to Section 13 of this Agreement, is binding upon each successive owner of all or a portion of Country Club at Gale Ranch Site during its ownership of such property. 11.7 Dougherty Valley Development Strategy. If County imposes conditions of approval upon Developer that relate to obligations of both Shapeil and Windemere regarding the Dougherty Valley, County shall, to the extent reasonably feasible, allocate to Shapell and Windemere their separate and distinct obligations. Nothing in this Section 11.7 shall in any way modify the provisions to Section 4.3.3 of the Settlement Agreement. 11.8 Mortgagee Rights. Any mortgagee that wishes to receive notices of default from the County pursuant to this Section 11.8 may provide written notice to the County requesting such notice. County shall notify any such mortgagee requesting notice of any event of default by Developer under this Agreement and provide to any such mortgagee the same opportunity to cure such event of default as is provided to Developer under this Agreement. Failure to so notify any such mortgagee shall not give rise to any liability on the part of County, provided that this Agreement shall not be terminated by County as to any mortgagee (1)who has requested notice but the mortgagee is not given notice by the County or(2)to whom notice is given and to which either of the following is true:. ` (1) the mortgagee cures any default involving the payment of money by Developer within sixty(60)days after notice of default; 28 (2) as to defaults requiring title or possession of all or any portion of the Country Club at Gale Ranch Site to effectuate a cure: (i)the mortgagee agrees in writing, within ninety(90) days after the written notice of default, to perform the proportionate share of Developer's obligations under this Agreement allocable to that part of the Country Club at Gale Ranch Site in which the mortgagee has an interest conditioned upon the mortgagee's acquisition of that part by foreclosure (including a trustee sale) or by a deed in lieu of foreclosure; (ii)the mortgagee commences foreclosure proceedings to reacquire title to all or the applicable portion of the County Club at Gale Ranch Site within the ninety (90) days and thereafter diligently pursues the foreclosure to completion; and (iii)the mortgagee (or any purchaser of the Developer's interest at foreclosure, or trustee sale, or by deed in lieu of foreclosure) promptly and diligently cures the default after obtaining title or possession. Subject to the foregoing, in the event any mortgagee records a notice of default as to its mortgage or deed of trust, Developer's rights and obligations under this Agreement may be transferred to the mortgagee or to any purchaser of the Developer's interest at a foreclosure or trustee sale and Developer shall remain liable for such obligations unless released by County or unless County has approved the transfer in accordance with Section 13. 11.9 Approval by Mortgagees. County recognizes that the provisions of this Agreement may be a matter of concern to any mortgagee intending to make a loan secured by a mortgage or deed of trust encumbering the Country Club at Gale Ranch Site, or a portion thereof. If such mortgagee should require, as a condition to such financing, any modification of this Agreement to protect its security interest in the Country Club at Gale Ranch Site or portion thereof, County shall execute the appropriate amendments; provided, however, that County shall not be required (but is permitted) to make any modification that would (i)materially and adversely affect County's rights hereunder, (ii) increase County's obligations hereunder, (iii)reduce Developer's obligations hereunder or(iv)constitute an amendment other than an "Insubstantial Amendment"as described in Section 5.2 of this Agreement. 29 11.10 Notice of Proposed Amendment to Mortgagee. This Agreement may be amended without the approval or execution of any such amendment by any mortgagee. However, if County receives notice from a mortgagee requesting a notice of proposed amendment, County shall provide a copy of any proposed amendment to such mortgagee. 11.11 Remedies. Either Party may, in addition to any other rights or remedies,.institute an equitable action to cure, correct, or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, enforce by specific performance the obligations and rights of the parties hereto, or to obtain any remedies consistent with the foregoing and the purpose of this Agreement. In no event shall either Party be entitled to recover from the other Party, either directly or indirectly,damages,costs or attorneys' fees in any legal or equitable action. 11.12 California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 11.13 Other Public Agencies. County shall not unreasonably withhold its determination to enter into any agreement with another public agency concerning the subject matter and provisions of this Agreement and County shall enter into any agreement with another public agency concerning the subject matter and provisions of this Agreement if necessary or desirable for the development of Country Club at Gale Ranch and if such agreement is consistent with this Agreement,the Settlement Agreement, and the other provisions of Applicable Law. Nothing in this Agreement shall require that the County take any legal action concerning other public agencies and their provision of services or facilities other than with regard to compliance by any such other public agency with any agreement between such public agency and County concerning the subject matter and provisions of this Agreement. 11.14 Attorneys' Fees. In the event of any litigation or arbitration between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. 30 11.15 Annexation to San Ramon. The Settlement Agreement anticipates the potential annexation of the Country Club at Gale Ranch Site to San Ramon. To the extent any portion of the Country Club at Gale Ranch Site is so annexed, this Agreement shall continue to apply to Country Club at Gale Ranch Site until the expiration of the Term (to the maximum extent permitted by law) and, to the extent such construction is reasonable, appropriate and consistent with the terms of the Settlement Agreement, any annexation agreement that may then exist between Developer and San Ramon and any property tax exchange agreement or other agreement that may then exist between San Ramon and County relating to the Country Club at Gale Ranch Site, with respect to any portion of the Country Club at Gale Ranch Site that has been annexed, (i)the term "County" as used herein shall mean"San Ramon" and (ii)except as otherwise expressly stated in this Agreement, San Ramon shall be deemed to be a successor in interest, to County's rights and obligations under this Agreement. 11.16 Covenant of Good Faith and Fair Dealing. Each Party shall use its best efforts and take and employ all necessary actions to ensure that the rights secured by the other Party through this Agreement can be enjoyed and neither Party shall take any action that will deprive the other Party of the enjoyment of the rights secured through this Agreement. 11.17 Relationship to Settlement Agreement. The terms and provisions of this Agreement are intended to be consistent with the terms and provisions of the Settlement Agreement, insofar as the terms and provisions of the Settlement Agreement apply to the Country Club at Gale Ranch Site. In the event of any conflict between the terms and provisions of this Agreement and those of the Settlement Agreement, the terms and provisions of the Settlement Agreement shall prevail, insofar as the terms and provisions of the Settlement Agreement apply to the Country Club at Gale Ranch Site. Nothing in this Agreement is intended to modify the provisions of the Settlement Agreement or the obligations of County or Developer thereunder. 31 Section 12. NOTICES Any notice or communication required hereunder between County or Developer must be in writing, and may be given either personally or by registered or certified mail, return receipt requested. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i)actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or(ii)five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. Any Party may at any time, by giving ten (10) days written notice to the other Party, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below: If to County,to: Director of Community Development Contra Costa County Administration Building 651 Pine Street Martinez,CA 94553 Telephone: (510) 646-2026 Facsimile: (510)646-1309 With Copies to: County Counsel Contra Costa County Administration Building 651 Pine Street,9th Floor Martinez, CA 94553 Telephone: (510)646-2074 Facsimile: (510)646-1078 32 If to Developer,to: Shapell Industries, Inc. 100 North Milpitas Boulevard Milpitas, CA 95035 Attention: Daniel W. Hancock Thomas J. Koch Telephone: (408)946-1550 Facsimile: (408)946-9687 With Copies to: McCutchen, Doyle, Brown& Enersen P.O. Box V Walnut Creek,CA 94596-1270 Attention: Daniel J. Curtin, Jr. Telephone: (510) 937-8000 Facsimile: (510) 975-5390 Section 13. ASSIGNMENT,TRANSFER AND NOTICE 13.1 Assignment of Interests, Rights and.Obligations. Developer shall have the right to assign or transfer all or any portion of its interests, rights or obligations under the Current Approvals (including this Agreement) and the Subsequent Approvals to third parties acquiring an interest or estate in Country Club at Gale Ranch or the Country Club at Gale Ranch Site, or any portion thereof, including, without limitation, purchasers or long-term ground lessees of individual lots, parcels, or any lots,homes or facilities comprising a portion of Country Club at Gale Ranch. 13.2 Transfer Agreements. (a) In connection with the transfer or assignment by Developer of all or any portion of Country Club at Gale Ranch (other than a transfer or assignment by Developer to an affiliated party, a mortgagee or a "Non-Assuming Transferee" (as defined in Section 13.3 of this Agreement)), Developer and the transferee shall enter into a written agreement (a "Transfer Agreement") regarding the respective interests,rights and obligations of Developer and the transferee in and under the Current Approvals and the Subsequent Approvals. Such Transfer Agreement may (i)release 33 Developer from obligations under the Current Approvals (including this Agreement) or the Subsequent Approvals that pertain to that portion of Country Club at Gale Ranch being transferred, as described in the Transfer Agreement, provided that the transferee expressly assumes such obligations, (ii)transfer to the transferee vested rights to improve that portion of Country Club at Gale Ranch being transferred and (iii)address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment. (b) Developer shall seek County's consent to any Transfer Agreement, which consent shall not be unreasonably withheld or delayed. Failure by County to respond within forty-five (45) days to any request made by Developer for such consent shall be deemed to be County's approval of the Transfer Agreement in question. County may refuse to give its consent only if, in light of the proposed transferee's business experience and financial resources, such transferee would not in County's reasonable opinion be able to perform the obligations proposed to be assumed by such transferee. Such determination shall be made by the Community Development Director and is appealable by Developer to the Board. (c) Any Transfer Agreement shall be binding on Developer, County and the transferee. Upon recordation of any Transfer Agreement in the Official Records of Contra Costa County, Developer shall automatically be released from those obligations assumed by the transferee therein. (d) Developer shall be free from any and all liabilities accruing on onafter the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to a Transfer Agreement. No breach or default hereunder by any person succeeding to any portion of Developer's obligations under this Agreement shall be attributed to Developer, nor may Developer's rights hereunder be canceled or diminished in any way by any breach or default by any such person. (e) No breach or default hereunder by Developer shall be attributed to any person succeeding to any portion of Developer's rights or obligations under this Agreement, nor shall such transferee's rights be canceled or diminished in any way by any breach or default by Developer. 34 133 Non-Assuming Transferees. The burdens, obligations, and duties of Developer under this Agreement shall terminate with respect to (and, except as otherwise required by Developer in Developer's sole discretion, neither a Transfer Agreement nor County's consent shall be required in connection with) (i)any single residential parcel conveyed to a purchaser, (ii)any property transferred as fewer than fifty (50) lots to a single retail builder, or (iii)any property that has been established as a separate legal parcel for office, commercial, industrial, open space, park, school or other nonresidential uses. The transferee in such a transaction and its successors ("Non-Assuming Transferees") shall be deemed to have no obligations under this Agreement, but shall continue to benefit from the vested rights provided by this Agreement for the duration of the Term. Nothing in this section shall exempt any property transferred to a Non-Assuming Transferee from payment of applicable fees and assessments or compliance with applicable conditions of approval. Section 14. NOTICE OF COMPLIANCE Within thirty (30)days following any written request which Developer may make from time to time, County shall execute and deliver to Developer a written "Notice of Compliance," in recordable form,duly executed and acknowledged by County, certifying that: (a) This Agreement is unmodified and in full force and effect, or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modification; (b) There are no current uncured defaults under this Agreement or specifying the dates and nature of any such default; and (c) Any other reasonable information requested by Developer. The failure to deliver such a notice within such time shall constitute a conclusive presumption against County that this Agreement is in full force and effect without modification except as may be represented by the Developer.and that there are no uncured defaults in the performance of the Developer, except as may be represented by the Developer. Developer shall have the right at Developer's sole discretion,to record the Notice of Compliance. 35 Section 15. ENTIRE AGREEMENT,COUNTERPARTS AND EXHIBITS This Agreement is executed in two (2)duplicate counterparts, each of which is deemed to be an original. This Agreement consists of thirty-eight (38) pages, three (3) notary acknowledgment pages, and three(3) exhibits which constitute in full, the final and exclusive understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the.provisions of this Agreement shall be in writing and signed by the appropriate authorities of County and the Developer. The following exhibits are attached to this Agreement and incorporated herein for all purposes: Exhibit A Legal Description of the Country Club at Gale Ranch Site Exhibit B Diagram of Dougherty Valley Exhibit C Legal Description of the Gale Ranch Site Section 16. RECORDATION OF DEVELOPMENT AGREEMENT Pursuant to Government Code section 65868.5, no later than ten (10) days after County enters into this Agreement,the County Clerk shall record,at Developer's expense, an executed copy of this Agreement in the Official Records of the County of Contra Costa. IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and County as of the day and year first above written. COUNTY: COUNTY OF CONTRA COSTA Harvey Bragdon Community Development Director 36 APPROVED AS TO FORM: Victor J. Westman County Counsel By: Silvano Marchesi Assistant County Counsel DEVELOPER: By: By: Title: Title: 37 EXHIBIT A [Legal description of Country Club at Gale Ranch Site] 38 EXHIBIT "A" < J H.� DIIIY THE LAM REE TO HEREIN IS SITMTID IN TSE STATE OF CALZECMIA, COUI Y OT' CMIM CCSTA, UNINCORFORAMM AREA , AND IS DESCRIBED AS FUL7 M: Ar XRTICN OF THE AMADOR GRAND OF THE RANCHO SAN RANDN, A PORl.'ICIN OF 5=0" I. MWNSfilP 2 SOUTH, RANGE 1 WEST AND A PCRRTICN OF S=lON 6, TCWN HIP Z SCUM, RAND I EAST, BEING A PCRTICN OF U nS 35, 36 Alm -67 AMD ALL OF LOTS 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, AMID 55, AS MW CN THE MAP E3YTITLID. "MRP OF SUBDIVISION OF PLOT A OF THE ==MU'Y RANCH;, AEXl DA AND CQ+Tm CC6TA COIWM5. CAIMRNIA", FILED ON MNY 2, 1894, IN THE OFFICE OF THE CC[JNiY REMMM OF SAM aZITRA COSTA CIXWN IN BOOK B OF MAPS, AT PALE 45, DESCRIBED AS FOLLOWS: BEGINNING CNN THE FASTE m Eam OF THE 7918.73 ASE PARcm OF LAw SET AFAR? TO cHARLFS M. DOUoLEm BY THAT fOFRTAHN EEcREE IN PARTITION, Famomm FENS.hw 25, 1891, BY THE SUPERIC R 0OU" OF THE STATE OF ate, IN AND FOR TW COtWr CW AL AMEDA, IN THAT CERTMN ACIZCN HAD TSH, 91PITim CMEUM M. DMUiER 'Y, - PLA,INTIFF VS. ADA M.. ==MM, ET AL, DUMM MM, a%SE NO. 6479, A C UUIFM COPY OF WHICH WAS REBID Nei 3, 1891, IN BOCK 59 CF AT PACE 525, AT THE N=90N LIZE OF THE 3636.1222 ACRE FAR= CF EAMID DESS IN 'E FINAL XDQ2W RfIMERED JULY 21, 1947, BY THE DLSHRICT (St= CF THE tK=D STATES, IN APO NRR THE ImRTHERN DISTRICT OF 0VZFae IA, Ski DIVISICN, IN TI= C ERVU N ALTZON HAD - TMRUN, EH!TT°I= 1)K= SPATES OF XCRICA, PLXU?MF VS. 3396 ACAS OF LAPD, ALAMEOA AND CONTRA COSTA CDINPIES, C AUTO Ri M, ADA C EMW, ET AL, DEFEND N15, CASE N0. 22352, A C ERTI= aaPY OF WH= Flaw JLMGME iT WAS A[J3W 2, 1947, HN SOCK 1104 OF OFFICIAL RE=W AT PAGE 377: MMM FROM SAID Pone CF smmtcm N=waw AND WFSTFELY Au= THE ERCP mm = cF SAID 7918.73 A= PARCEL (59 D 525) AS FOLLOWS: NORTH 38' WEST, 331 FEST, MORE CR LESS TO AMNGEE PAINT, NOF= 65'30' WEST 613.80 FEET; NORTH 38• WEST 759 FEET; NORTH 36.30' WEST 2112 FIST; MRTH 4.30' 264 FEST; NORTH 86• EAST 561 FEET; NO!TH 21• FAST 13.14.77. F=; NO[W E3'; 1.15' WEST 396 F=: NORTH 14.15' FAST 429 FNmm 19.45' WEST 462 FEET; Will 30015' EAST 594 FEET; NORTH 27030' WEST 660 FEET; NORTH 12.30' FAST 326.70 FEET; NORTH 32.15' EAST'279.50 FST; NORTS 15'45' MW 564.30 FEU; NCLaH 45'15' E km- 316.80 FEET; NORTH 34.15' EAST 809.82 FNrET; NORTH 37.45' M%ST 798.60 FEET; NOSH 14' FAST 710.16 FEET: NORTH 31' EAST 372.24 FEET; NORTH 21'15' EAST 825 FEET-' NORTH Z7'15' FAST 396 FEET; NORTH 52.30' EAST 330 FEST; NORTH 45'45' FAST 594 FEET; NORTH 20• FAST 481.80 FEET 'Its THE Nit LIMA OF SAID SAN RA M FQ M2i0; ALJO G SAID NORTHERN LITE NORM 89.45' WEST 597.30 FEEM; LEAVING SAID DIXECHM LIM NCR3H 0.15' EAST 2653.20 =; NORTH 89'15' WEST 2105.40 MMT; NORTH 89045' WEST 1907.40 FEET; SOUTH 85.45' WEST 2686.20 FFO:T; NORTH 0.15' EAW 1518 FEET; SOUTH 89'45' WEST 2613.60 Fk3rT: SOUTH 0.30' WEST 3927 FEET; NORTH 89'45' WEST 2630.10 FW; TO MATIM S.R. 8 OF SAID RANCW SAN WON, SAID STATION S.R. 8 BEnG THE SOITPHWW aNUM OF THE PARCEL OF LAND DESCRIBED IN THE DEQ]? FMq MkWAXM LAND CQwANY TO HDW F. WIEDEKAMN, ET UX, RECORDED SEPl'FISM 28, 1922, IN HOCK 428 OF DEEB AT FACE 52: THENCE HEAVING THE E=ERICE2 = OF SAID 7,918.73 ACRE PARCEL (59 D 525) AIANG THE SOUPHERN La OF SAID WIF1720M PARCEL NORTH 89.45' WEST 726 n= AND SOAPS 71'20' WEST 1042.80 FEET To THE WESTEM LINE OF SAID WW= SAN MV4C Y, BEING A PCNTICN CF THE ECTE RICHR LINE OF SAID 7,918.73 ACRE PARCEL (59 D MS); THUM ALLSG SAID MMMOR LUPE SOUTH 27' EAST 11,654.28 FEET ZD STATIGN S.R. 12 OF SAID PANCW SAN FAMJN, AND SCUM 27.15' FAST 2220.90 FEET TO THE N7RriEM rm& OF SAID PARCEL OF LAND DESCRIBED AS PAR= ONE IN THE FROM EILENE Mom MW TO AMERICAN mw (Continued) PAGE 1 of 2 E�IBIT "All LEM r - COGWW, AS MM=, REMFCM JULY 2. 1935, IN 3= 392 OF OFFICIAL I RX AT FXZ ''35; THENCE Lzhvim SAID Exiiiam ijim AL= q,,Tn NoRrmERN T. (392 CR 35) MMM =Nrf FWD RAM AS DCUMB=Y ROAD AS SAM -.•- r IS •>Lr- •_las IN TtM .iaa. FFm CHAEMM A. GALE, Er AL M =NM COM C=RY, INTMEEFE FEMaXUW 6, 1M6. IN B= 408 OF CMC=AL -17••-R•S AT ?AM /. CERM Jae c,a■ I WESMUN L/ 1 OF n / Y3r STWES •i AMERICA 3636.1= ACRE PNRCEL (1104 •- 13 • ALCtG SAM e Y7-/ T ■ 1 BE:MG ALSO ALCM SAM CERM E2Z AS FOLIOWS: •FM. 17'1 AU= TW AIRC OF LESS: •-u 50 17,40" wEsT TANGERr • LAw mERrmomm ArC 423.44ani AWD NMV30W .a • la;. cmmE, Aw Am . mm •F =a." FEEr To mm mv- STERN .•-. 7- •1 THE 1 Fonw OF amnvnG. EZ=MnMZ 7HEREFRCM: BMK 775, OFFICIAL PAGE 378, OFM USE-.AS A FUMM HIGWY." 3. I -.r>, OF LAM .nE•-•c,ar As pAvcm ONE 3w ♦.m mm 7o Ewr SAY mm=ML UP== DLSTRICT, 16, 19W, a= SM, OMCIAL IS= PAGE 2S8. 4. THE -.r} OF LAND D0X=W IN ► I .aa• TO my mumcnm • .,.,-r."31« MEET MY l9r, 1978, BOCK 8845, WFICIAL REM=, FPCE 149. i_ OFFICIAL -1'It•• ._ -•ct 751. 3• PAGE ' • •• •• 1 R•.-r�q THOSE7. ALL • ' 1 OF . NOT DESCRIBED RESOLUTION NO.22477 "DECLARING AMADOR VALLEY UNINCORPORATED TMMITORY ANNEXED TO THE DISTRICT"EAST BAY MUNICIPAL UTILITY "APPROXIMATELY 618ACES" .. EXHIBIT B [Diagram of Dougherty Valley] 39 EXHIBIT "B" land Ownership Dougherty Valley Area Shaped industries L Blackhawk SYCAMORE v� Windemere Properties ROAO camp Parks(U.S.Army) DANVILLE 7ASSAJARA Project Site Dougherty Val EXHIBIT C [Legal description of Gale Ranch Site] 40 EXHIBIT "C" LEGAL t=CN THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, UNINCORPORATED AREA , AND IS DESCRIBED AS FOLLCJWS: A PORTION OF THE AMADOR GRANT OF THE RANCHO SAN RAMON, A PORTIC)NI OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST AND A PORTION OF SECTION 6, TOWNSHIP 2 SOUTH, RANGE 1 EAST, BEING A PORTION OF LOTS 35, 36 AND 67 AND ALL OF LOTS 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, AND 55, AS SHOWN ON THE MAP ENTITLED, "MAP OF SUBDIVISION OF PLOT A OF THE DOUG HERT'Y RAMI, ALMA AND aVIRA COSTA COUNTIES, CALIFORNIA", FILED ON MAY 2, 1894, IN THE OFFICE OF THE COUNTY RECORDER OF SAID CONTRA COSTA COUNTY IN BOOK B OF MAPS, AT PACE 45, DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERN LINE OF' THE 7918.73 ACRE PARCEL OF LAID SET APART TO CIIARLES M. DOLS BY THAT CERTAIN DECREE IN PARTITION, RENDERED FEBtWM 26, 1891, BY THE SUPERIOR COURT OF THE STATE OF CAISFaKEA, IN AND FOR THE COUNTY OF ALAN®A, IN THAT CERTAIN ACTION HAD TIREIN, ENTITLED CHARLES M. DOUGH RTY, PLAINTIFF VS. ADA M. DCOG-i0M Y, ET AL, DEFENDANTS, CASE NO. 6479, A CMM= COPY OF WHICH DECREE WAS RECORDED MAlUi 3, 1891, IN BOOK 59 OF DEEDS AT PAGE 525, AT THE NORTHERN LINE OF THE 3636.1222 ACRE PARCEL OF LAID DESCRIBED IN THE FINAL JUDGMENT RENDERED JULY 21, 1947, BY THE DISTRICT COURT OF THE UNITED STATES, IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA, SWnERN DIVISION, IN THAT CERTAIN ACTION HAD _ THEREIN, ENTITLED UNITED STATES OF AMERICA, PLAINTIFF VS. 3396 ACRES OF LAND, ALAMEDA AND CONTRA COSTA COUNTIES, CALIFORNIA, ADA CLEMENT, ET AL, DEFENDANTS, CASE NO. 22352, A CERTIFIED COPY OF WHICH FINAL JULXETTT WAS RECORDED AUGUST 2, 1947, IN - BOOK 1104 OF OFFICIAL RECORDS AT PACE 377; TRICE FROM SAID POINT OF BEGINNING NORTHERLY AND WESTERLY AIONG THE EXTERIOR LINE OF SAID 7918.73 ACRE PARCEL (59 D 525) AS FOLLOWS: NORTH 38° WEST, 331 FEET, MORE OR LESS TO ANGLE POINT, NORTH 65°30' WEST 613.80 FEET; NORTH 38' WEST 759 FEET; NORTH 36°30' WEST 2112 FEET; NORTH 40301 EAST 264 FEET'; NORTH 86* EAST 561 FEET; NORTH 210 EAST 1314.72 FET; NORTH 1°15' WEST 396 FEET; NORTH 14°15' EAST 429 FEET; NORTH 19045' WEST 462 FEET; NORTH 30°15' EAST 594 FEET; NORTH 27°30' WEST 660 FEET; NORTH 12°30' EAST 326.70 FEET; NORTH 32015' EAST 279.50 FEET; NORTH 15°45' EAST 564.30 FEET; NORTH 45°15' EAST, 316.80 FEET; NORTH 34°15' EAST 809.82 FEET; NORTH 37045' FAST 798.60 FEDI; NORTH 14° EAST 710.16 FEET; NORTH 310 EAST 372.24 FEET; NORTH 21°15' FAST 825 FEET; NORTH 27°15' EAST 396 FEET; NORTH 52°30' EAST 330 FEET; NORTH 45°45' FAST 594 FEET; NORTH 20° EAST 481.80 FEET TO THE NORTHERN LINE OF SAID SAN RAMON RANCHO; ALCW SAID NORTHERN LINE NORTH 89045' WEST 597.30 FEET; LEAVING SAID NSI L.IIVE NORTH 0015' EAST 2653.20 FEET; NORTH 89°15' WEST 2105.40 FEET; NORTH 89045' WEST 1907.40 FET; SOUTH 85045' WEST 2686.20 FEET; NORTH 0015' EAST 1518 FEET; SOUTH 89°45' WEST 2613.60 FEST; SOUTH 0°30' WEST 3927 FEET; NORTH 89°45' WEST 2630.10 FEET; TO STATIONI S.R. 8 OF SAID RANCHO SAN RADON, SAID STATION S.R. 8 BEING THE SOUTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM TASSAJARA LAID CCMPANY TO HENRY F. WIEDIIMAN N, ET UX, RECORDED SOnVIBER 28, 1922, IN BOOK 428 OF DEEDS AT PACE 52; THENCE LEAVING THE EXTERIOR LINE OF SAID 7,91:8.73 ACRE PARCEL (59 D 525) ALONG THE SCUTlM N1 LINE OF SAID WIEDEMAN N PARCEL NORTH 89045' WEST 726 FEET AND SOUTH 71020' WEST 1042.80 FEET TO THE WESTERN LINE OF SAID RANCHO SAN RAMON, BEING A PORTION OF THE EXTERIOR LINE OF SAID 7,918.73 ACRE PARCEL (59 D 525); T)CE ALOW SAID EXTERIOR LINE SOUTH 270 EAST 11,654.28 FEET TO STATION S.R. 12 OF SAID RANCHO SAN RAMON, AND SOUTH 27° 15' EAST 2220.90 FEET TO THE NORTHERN LINE OF SAID PARCEL OF LAND DESCRIBED AS PARCEL ONE IN THE DEQ FROM EIL NE MOHR KAMP TO AMERICAN TRUST (Continued) PAGE 1 of 2 EXHIBIT "C" LEUAL DESCRIPPIDr1 (Cantinued) COMPANY, AS TRUS=, RECORDED JULY 2, 1935, IN BOOK 392 OF OFFICIAL RECORDS, AT PACE 35; TRS LEAVING SAID EXTERIOR LINE ALONG SAID NORTHERN LINE (392 OR 35) NORTH 63°28' EAST 297 FEET, AND SOUTH 78°08' EAST 3024.33 FEET TO THE CENTER LINE OF THE COUNTY ROAD IMM AS DORKHRTY ROAD AS SAID ROAD IS DESCRIBED IN.THE DEED FROM CHARLES A. GALE, ET AL TO CONTRA COSTA COUNTY, RECORDED FEssuARY 6, 1936, IN BOOK 408 OF OFFICIAL RECORDS AT PAGE 128; SAID CENTER LINE BEING THE WESTERN L OF SAID UNITED STATES OF AMERICA 3636.1222 ACRE PARCEL (1104 OR 377); THENCE ALONG SAID WESTERN LINE BEING ALSO ALONG SAID CENTER LINE AS FOLLOWS: NORTHERLY ALONG THE ARC OF A CURVE TO THE LEFT, WITH A RADIUS OF 1000 FEET AN ARC DISTANCE OF 100 FEET, M)RE OR L,ESS; NORTH 5017140" WEST TANGENT TO LAST MENTIS ARC 423.44 FEET, AND NORTHERLY ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1500 FEET, TANGENT TO LAST MENTIONED COURSE, AN ARC DISTANCE OF 218.44 FEET TO THE NMnWESTERN CORNER OF THE SAID UNITED STATES OF AMERICA 3636.1222 ACME PARCEL; THENCE LEAVING SAID WESTERN LJNE ALONG; THE NORTHERNLINE OF SAID 3636.1222 ACRE PARCEL FASP 3000 FEET MORE OR LESS TO THE POINT OF BEGINNING. - EXCEPTING THEREFROM: 1. THE INTEREST CONVEYED TO CONTRA COSTA CCR]NTY BY DEED RECORDED FE WJARY 6, 1936, BOOK 408, OFFICIAL RECORDS, PAGE 128, "FOR-USE AS A PUBLIC HIGHWAY." 2. THE INTEREST CONVEYED TO CONTRA COSTA COUNTY BY DEED QED APRIL 21, 1944, _ BOOK 775, OFFICIAL RECORDS, PAGE 378, "FDR USE AS A PUBLIC HIGHWAY." 3. THE PARCEL OF LAND DESCRIBED AS PARCEL, GIVE IN THE TO EAST BAY MUNICIPAL UTILITY DISTRICT, RECORDED DECKER, 16, 1968, BOOK 5771, OFFICIAL RECORDS, PAGE 288. 4. THE PARCEL OF LAND DESCRIBED IN THE DEED TO EAST BAY MUNICIPAL UTILITY DISTRICT, RECORDED MAY 19, 1978, BOOK 8845, OFFICIAL RECORDS, PAGE 149. 5. THE INTEREST CONVEYED TO CONTRA COSTA COUNTY BY DEED EGOORDED JUNE 27, 1985, BOCK{ 12381, OFFICIAL RECORDS, PAGE 751. 6. ALL OF SUBDIVISION 7010, AS SHOWN ON THE MAP FILED SEPT MER 6, 1989, IN MAP BOOK 336, PACE 46, CONTRA COSTA COUNTY RECORDS. 7. FLRTHER EXCEPTING THEREFRCM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST CORNER OF PARCEL "H" AS SHOWN ON MAP OF SUBDIVISION 7010 FILED SPETEMBER 6, 1989 IN BOOK 336 OF MAPS AT PAGE 46; THENCE NORTH 39°34'20" EAST 383.05 FEET; �THENCE NORTH 88'15'40" WEST 400.00 FEET; THENCE SOUTH 24°41'21" WEST 543.84 FEET; THENCE NORTH 62033'06" EAST TO THE SOUTH CORNER OF PARCEL "E" AS SHOWN ON ABOVE REFERRED TO SUBDIVISION; AND THENCE NORTH 23°54'51" WEST 199.91 FEET TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NO. : MULTIPLE APPROXIMATELY 2708 ACRES PAGE 2 of 2 OPTIONAL SECTION- STATE OF CALIFORNIA CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to COUNTY OF CONTRA COSTA invaluable data below, doing so may prove persons relying on the document. ❑ INDIVIDUAL On before me, Notary Public, ❑ CORPORATE OFFICER(S) personally appeared NAME(S) OF SIGNER(S) TITLE(S) ❑personally known to me - OR - ❑ proved to me on the basis of satisfactory ❑ PARTNER(S) ❑ LIMITED evidence to be the person(s) whose ❑GENERAL name(s) is/are subscribed to the within ❑ATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed the same in 13 TRUSTEE(S) his/her/their authorized capacity(ies), and ❑ GUARDIAN/CONSERVATOR that by his/her/their signature(s) on the ❑ OTHER: instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNER IS REPRESENTING: Name of Person(s)or Entity(ies) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO Title or Type of Document Country Club at Gale Ranch Development Agreement THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law,It Number of Pages Date of Document could prevent fraudulent reattachment of this form. Signer(s)Other Than Named Above 01993 National Notary Association,Canoga Park,CA ---OPTIONAL SECTION STATE OF CALIFORNIA CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove COUNTY OF CONTRA COSTA invaluable to persons relying on the document. ❑ INDIVIDUAL On before me, Notary Public, ❑ CORPORATE OFFICER(S) personally appeared NAME(S) OF SIGNER(S) TITLES) ❑personally known to me - OR - 17 proved to me on the basis of satisfactory ❑ PARTNER(S) ❑ LIMITED evidence to be the person(s) whose ❑GENERAL name(s) istare subscribed to the within ❑ATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed the same in ❑TRUSTEE(S) his/her/their authorized capacity(ies), and ❑ GUARDIAN/CONSERVATOR that by his/her/their signature(s) on the ❑ OTHER: instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNER IS REPRESENTING: Name of Person(s)or Enbty(ies) SIGNATURE OF NOTARY --OPTIONAL SECTION- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Country Club at Gale Ranch Develo m�greement Though the data requested here is not required by law,it Number of Pages Date of Document could prevent fraudulent reattachment of this form. Signer(s)Other Than Named Above 01993 National Notary Association,Canoga Park,CA A OPTIONAL SECTION STATE OF CALIFORNIA CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove COUNTY OF CONTRA COSTA invaluable to persons relying on the document. ❑ INDIVIDUAL On before me, Notary Public, ❑ CORPORATE OFFICER(S) personally appeared NAME(S) OF SIGNER(S) TITLE(S) ❑personally known to me - OR - ❑ proved to me on the basis of satisfactory ❑ PARTNER(S) ❑ LIMITED evidence to be the person(s) whose O GENERAL name(s) is/are subscribed to the within ❑ATTORNEY-IN-FACT instrument and acknowledged to me that he/she/they executed the same in ❑TRUSTEE(S) his/her/their authorized capacity(ies), and ❑ GUARDIAN/CONSERVATOR that by his/her/their signature(s) on the ❑ OTHER: instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. SIGNER IS REPRESENTING: Name of Person(s)or Entity(ies) SIGNATURE OF NOTARY OPTIONAL SECTION- THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document_Countty Club at Gale Ranch Development Agreement Though the data requested here is not required by law,it Number of Pages Date of Document could prevent fraudulent reattachment of this form. Signer(s)Other Than Named Above 01993 National Notary Association,Canoga Park,CA s D. 2 (b) r t THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopts this Order on December 20, 1994, by the following vote: AYES: Supervisors Smith., DeSaulnier, Torlakson and Powers NOES: Supervisor Bishop ABSTAIN: None SUBJECT: In the'Matter of the Country Club at Gale RESOLUTION NO. —9 4/641 Ranch General Plan Amendment The Board of Supervisors of Contra Costa County RESOLVES that: There are filed with the Clerk of this Board a copy of Resolution No. 43-1994, adopted by the San Ramon Valley Planning Commission recommending an amendment to the County General Plan/and Resolution No. 44-1994, adopted by the Contra Costa County Planning Commission, recommending an amendment to the County General Plan and certificatidn of the environmental impact report related to that General Plan Amendment. On December 6, 1994 and December 13, 1994, this Board held hearings on said amendment. Notice of said hearings were duly given in the manner required by law. The Board at the hearings called for testimony of all persons interested in this matter and various persons testified in support and opposition of this matter. After such testimony was completed, this Board closed the public hearing. Said General Plan Amendment, together with other related approvals, was the subject of an environmental impact report ("EIR"). On this date, by Resolution No. 94/640 , which resolution is incorporated herein by reference, this Board certified the EIR and adopted CEQA Findings and Statement of Overriding Considerations Related to Approval of the Country Club at Gale Ranch General Plan Amendment, Rezoning and Preliminary Development Plan, Final Development Plan, Vesting Tentative Map, Development Agreement and related actions. r.. -* Based on the entire record, this Board finds that the General Plan Amendment, together with the other related approvals, is consistent with the "Agreement to Settle Litigation Relating to the Dougherty Valley General Plan Amendment, Specific Plan and Environmental Impact Report." This Board further finds that the General Plan Amendment is in harmony with the policies and goals of the remainder of the County's General Plan. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The Board, having fully considered this matter, hereby APPROVES as drafted an amendment to the County General Plan.including changes to the text and diagrams, designating the Country Club at Gale Ranch site as Single Family Residential-Medium Density, Public/Semi Public, Open Space, and Parks and Recreation, as recommended by the County Planning Commission pursuant to Resolution No. 44-1994. I hereby certify that this Is a hue and correct copy of Orig Dept:. Clerk of the Board an action taken and entered on the minutes of the cc: Director of Community Development Board of Suore on th date shown. Director of Public Works ATTESTED: PHIL BATCHELOR,Clerk of the doaird County Administrator 4upejrvisand CounL- .Deputv or Director of Growth Management and Economic Development Agency By County Counsel Town of Danville City of San Ramon 2 CONTRA COSTA COUNTY Country Club at Gale Ranch General Plan Amendment County File # 5-94-SR Proposed Changes to the Contra Costa County General Plan 1990-2005 Adopted on December 20, 1994 GENERAL PLAN AMENDMENT COUNTRY CLUB AT GALE RANCH Preface The County Club at Gale Ranch General Plan Amendment(the "GPA)amends the Contra Costa County General Plan 1990-2005, which was adopted on January 29, 1991. The purpose of the GPA is to permit development in a portion of the larger Dougherty Valley area. The GPA is intended to support up to 1,216 homes, a golf course, a church site, and supporting parks and open space uses. This GPA contains numerous references to the pages, figures and tables in the County General Plan. The reader might wish to have the County General Plan in hand to determine the exact context of each specific change which is proposed. Copies of the existing County General Plan are available for public viewing at the Pleasant Hill Main Library and at the Contra Costa County, Community Development Department - 651 Pine Street, 4th floor of the north wing - in Martinez, California. Copies of the County General Plan are also available for purchase through the County Community Development Department offices. The proposed general plan amendment changes are referenced to each element of the adopted County General Plan and by page and figure number. The changes which are discussed in this document are presented in chronological sequence as they would appear in the County General Plan. 1 The Country Club at Gale Ranch General Plan Amendmwnt Area ��.. ♦ / XX J I The Dougherty valley w Area Boundary •• 1 ••' '.00000 Map. 1 - The Country Club at Gale Ranch GPA Area I. Land Use Element A. Modification to the Land Use Element Map The Country Club at Gale Ranch GPA area on the existing Land Use Element Map which accompanies the County General Plan as a foldout map will be modified. Specifically, the Agricultural Lands land use category now in place will be changed to the following land use categories: 1) Single Family Residential, Medium Density; 2) Public/Semi-public; 3) Parks and Recreation; and 4) Open Space The physical boundaries of these new land use designations are shown on the attached map entitled, "Proposed County General Plan Land Use Designations for the County Club at Gale Ranch GPA." B. Modify page 3-86 of the County General Plan Delete the paragraph on page 3-86 which discusses the "Joint Planning Process" and add the following text at the end of page 3-86 which shall read: "Policies for the Gale Ranch Area" 3-xxx - The Country Club at Gale Ranch GPA area is planned for development as a residential community including up to 1,216 attached and detached residential units; a golf course; and church site. The Country Club at Gale Ranch should provide open space buffers between adjacent residential development and within the proposed new community. New parks and recreational facilities, protected creek corridors and open space uses will be integrated within the development fabric. The land use designations which are intended to achieve this new residential community are reflected in the Land Use Element map. Land Use - Policy 3-xxx -Within the areas designated for residential development,encourage a mixture of housing types such as attached and detached units provided these developments conform with the corresponding County General Plan land use designations. Policy 3-xxx - Organize the Country Club at Gale Ranch area into a series of neighborhoods which are distinctive in character and shaped by the landscape. Policy 3-xxx - The Country Club at Gale Ranch should be developed predominantly for residential use and should be supported with complementary uses such as public facilities, parks and recreational facilities and open space buffers. 2 l! 1 }ff �r' _�• t �_ .rte 0St S. . ..� �� - •'�� :�� .' •r» f � 's" ..fes 0S SM lei Af \ � f *� E SM Country Club yr SM Aat Gale Ranch PR , % GPA Area SM PR PS SM BP NN y ` At 04 IL ' 1 LEGEND 4 SM Single Family Residential- Medium PS Public/Semi-Public � • � �'�• r P.j4C PR Parks and Recreation OS Open Space Now sm nw kwiw�murty ow . destratbes Iran the Co State, 1" Geral Plats LvEnd Esse EWmw t ez wx Country Club at Gale Ranch Proposed General Plan Amendment Map 2 Policy 3-xxx - Protect and enhance the creek corridor areas, namely the Coyote Creek corridor. Policy 3-xxx - Structure residential neighborhoods around focal uses, such as community facilities and recreational uses to provide identity and cohesion to Country Club at Gale Ranch neighborhoods. Policy 3-xxx - Establish public and homeowners's association-maintained recreational facilities in areas where environmental features can be enjoyed and enhanced by the recreational use. Policy 3-xxx - Provide for a variety of public and private recreational uses that are accessible to Country Club at Gale Ranch residents and visitors. Housing - Policy 3-xxx - The Country Club at Gale Ranch should provide a variety of housing types and sizes to meet the diverse needs of all age groups and household sizes. The majority of homes in Country Club at Gale Ranch should be single family in character, but also be available in both detached and attached forms. Policy 3-xxx - To implement County General Plan Housing goals and policies, the Country Club at Gale Ranch will provide at least 15 percent of all units (up to 182 total units) to be affordable to households with incomes no more than 120 percent of the County median income for their household size. Policy 3-xxx - The use of an in-lieu affordable housing fee to secure relief from the requirement to deliver affordable housing is expressly prohibited. Policy 3-xxx - Encourage and promote owner-occupied housing, especially for affordable units. Affordable units shall be maintained for the maximum period feasible. Target periods shall be a minimum of twenty years for for-sale units and thirty years for rental units. The County is required to provide direction regarding how the required affordable units will be provided and clarity the designated income category to be considered eligible for designated affordable units at each review phase. Policy 3-xxx - Encourage the development of innovative single-family housing which addresses housing affordability needs. Such examples include the development of carriage units which include single family detached units developed in conjunction with second dwelling units (the "carriage" unit) over a detached garage. Circulation and Transportation Policy 3-xxx -Extend public transit service to provide alternative means of access to the Country Club at Gale Ranch. Policy 3-xxx - Provide rights-of-way for future transit needs (i.e., bus pull-outs, park 'n ride lots, express bus lines, and light rail). 3 Policy 3-xxx - Encourage and facilitate the use of travels modes other than the private automobile for trips from and within the Country Club at Gale Ranch. Policy 3-xxx - Provide a park-and-ride location along the arterial street network to serve as a transit stop and meeting point for ridesharing. Policy 3-xxx -Develop systems of safe and convenient bicycle routes, hiking and riding trails as part of the Country Club at Gale Ranch development. Policy 3-xxx - Encourage and provide for the convenient and safe use of the bicycle as an alternative mode of travel. Policy 3-xxx - Develop a collector roadway system for the County Club at Gale Ranch development that can be integrated with adjacent development and supplement the arterial system while meeting the circulation needs of the Dougherty Valley. Policy 3-xxx - Encourage telecommuting, by wiring new homes for accessing telecommunication facilities, as an alternate to the work commute for new residents of the Country Club at Gale Ranch. Policy 3-xxx - Encourage and maximize the use of alternative travels modes by providing a public education system advising residents of commute alternative and transit opportunities available to the Country Club at Gale Ranch area. Policy 3-xxx - Provide a broad-based Travel Demand Management program. Policy 3-xxx - To be consistent with the Growth Management provisions of the County General Plan, the Tri-Valley Transportation Plan/Action Plan for Routes of Regional Significance (Circulation Draft, is to be considered. Policy 3-xxx - The Country Club at Gale Ranch development shall provide a project design that will accommodate efficient and convenient transit routing and maximize transit ridership; to achieve this, approximately 80 percent of the housing should be located within one quarter mile of a designated transit route. Policy 3-xxx - The Country Club at Gale Ranch development shall provide the minimum number of parking spaces per the requirements of the American Disabilities Act and the State of California. Open Space and Conservation Policy 3-xxx - Provide for an open space and trail system with extends open space corridors offering visual and physical links to the regional open space system. Policy 3-xxx - Set aside at least 55 percent of the Country Club at Gale Ranch as parks, recreational, open space, or other non-urban lands uses. 4 Policy 3-xxx - Enhance the habitat value of the ridges and their potential to support a diversity of wildlife. Policy 3-xxx -Keep the perimeter ridges of the Country Club at Gale Ranch area open and unobstructed, with minimum development for recreational use only. Areas along perimeter ridges shall be dedicated to a public agency or other open space management agency for open space and recreational purposes. Policy 3-xxx - Establish viewshed buffer zones of a minimum of one hundred feet between the major ridgetops and the development areas. Policy 3-xxx - Reinforce the visual prominence and wildlife value of significant creek corridors and provide for active and passive recreational uses within the Coyote Creek corridor. Policy 3-xxx - Establish the Coyote Creek corridor system as a multipurpose linear greenway and storm water management system. Policy 3-xxx - Stabilize the creeks within the Country Club at Gale Ranch utilizing a combination of vegetation and environmentally-sensitive stabilization techniques. Public Facilities and Services Policy 3-xxx - To the extent allowed under State law, require that new development which results as part of the Country Club at Gale Ranch GPA to fully mitigate the impact on school facilities. Policy 3-xxx - Sanitary sewer service shall be provided by an appropriate public agency. No septic tanks or leachfields shall be allowed. Policy 3-xxx -Ensure potable water supplies are sufficient in quality and quantity to provide for domestic consumption and fire protection. Policy 3-xxx - Provide for the use of a reclaimed water distribution system to irrigate parks and the golf course. Policy 3-xxx - Adequate storm drainage facilities shall be provided at the Country Club at Gale Ranch. Growth Management Policy 3-xxx - The appropriate and necessary public facilities and traffic levels-of-service to meet County standards for protecting public health, safety, and welfare shall be provided at Country Club at Gale Ranch. Community Design Policy 3-xxx - Ensure that the interface between the Country Club at Gale Ranch and nearby communities allows for logical physical transitions and that the Country Club at Gale Ranch development is integrated and respectful of surrounding open space areas. II. GROWTH MANAGEMENT ELEMENT A. Modify Figure 4-2 dealing with level of Service Designations for Unincorporated Areas Change the designation for the Country Club at Gale Ranch from "Rural" to "Urban" for the area shown on Map 3. M. TRANSPORTATION AND CIRCULATION ELEMENT A. Modify Figure 5-2 on Roadway Network Plan Modify Figure 5-2 on Page 5-15. Show the arterials which are needed to serve the project as shown on Map 4. B. ModiU Figure 5-3 Transit Network Plan Modify Figure 5-3 on Page 5-17 to show the Country Club at Gale Ranch as shown on Map 3 to be within a "local transit service area." IV. HOUSING ELEMENT A. Modify Figure 6-1 Sub-Areas of Contra Costa County Delete the properties in Dougherty Valley and other areas which access off Camino Tassajara from"Other East County" and make it a part of the San Ramon Valley Sub- Area as shown on Map 5. B. Modify Table 6-16 on Page 6-78 Add the following information at the end of Table 6-16: Proiect Traffic Land Trans Gross Density Housing Trans. Identifier Zone ►r Use Tvnecre or FAR rni.0 NQ. CCGR/GPA 380 D.V. SM PP 618 19 1216 7000 6 Country Club at Gale Ranch GENERAL PLAN AMENDMENT o j 10 City of San Ramon r L Danville iX Country Club } Proposed General Plan Map Changes ...,G; R 1�1n..11 .r at Gale .l ':33:4; )'.•i >..� GPA Area 1 1) Figure 4-2 change from Rural to <.:�;,.,:::><�>;;;;:•::•<::;.;:.:::<.r::;:.:;.><>'� s Urban. r; 2 Figure 5-3 include in area desi d "local transit service» n> ate oc area" ' 3) Figure 7-5, show as "Urban Use CD s`•''A Area"' d 0 4) Figure 8-2, delete from area shown >\ as "Important Agricultural Lands". I GD��--� Go�,ovN GON%p;M�O P G MAP 3 Locations are shown schematically. Country Club at Gale Ranch GENERAL PLAN AMENDMENT ROADWAY NETWORK PLAN m f Vf> Country Club b at Gale Ranch ° `< GPA AreaNOW AMlliiijNAMr :�<>sl.:>i> X Locations are shown schematically. RgNGN o� -" P C�N '' NC' .--- .✓ A ID LEGEND -----�EXISTING ROAD MAP 4 ■■ ww• EXISTING ARTERIALS '�"" PRQPQSED ARTERIALS Country Club at Gale Ranch GENERAL PLAN AMENDMENT SUB-AREAS OF CONTRA COSTA COUNTY PITTSBURG - ANTIOCH sarsuN e•r AREA JA�jt'A'vfA'TO RNED Flh •' i i i ••'a:�'i: 5'11 1 i weal rl"W e �`• v � ARTINEZ ' nTTSlURG 1 \, ANTIOCN _�.�� Dotty Pulse h \ ee NORTH CENTRAL COUNTY,, \•\ .K.:o� \ •? PLEASANT NI-L ~' \` CLAYTON L ` eRENIVOOD • j WALNUT CREEK EAST LAFAYM ( \\ ~ " lf seat fflffffrf ` • 1 t{utaalaa ff � r.... ttflt■fftlU tllaf la al! yi Diable gt�Fa �y �• 'O� 1 M 41, ` Alomo ,••' ar MOMGA OTHER EAST COUNT) � SAN RAMON "i"b"' ��• � OANVILLE EXISTING \ `BOUNDARY ' VALLEY ` PROPOSED BOUNDARY ` NOTE: This is a reduced portion of Figure 6-1 from the Contra Costa \ \. County General Plan 1990-2005, January 1991. \ '\ SAIA,MYON -/-/-/ Locations are shown schematically. \\\ AMP A P JG -/ C. Modify Figure 6-2 on Page 6-79 - Vacant and Undeveloyed Residential Sites in Unincorporated Contra Costa County Show the transaction number listed in IV A above in its appropriate location on Figure 6-2 as shown on Map 6. V. PUBLIC FACILITIES/SERVICES ELEMENT A. Modify Figure 7-5 Areas of Drainage Plans Modify Figure 7-5 on Page 7-33 to the Country Club at Gale Ranch as an Urban Use Area using the boundaries shown on Map 3. VII. CONSERVATION ELEMENT A. Modify Figure 8-2 - Important Agricultural Lands Modify Figure 8-2 on Page 8-27 by deleting the Country Club at Gale Ranch from being designated under this category for the area shown on Map 3. VIII OPEN SPACE ELEMENT A. Modify Figure 9-1 - Scenic Ridges and Waterway-s- Modify Figure 9-1 on Page 9-9 by having this figure more correctly designate the exact location of the scenic ridges to be preserved as part of the area development from past development decisions in the area as shown on Map 7. B. Modify Figure 9-4 - Local Parks Modify Figure 9-4 on Page 9-27 to reflect the generalized location of the neighborhood park proposed for Country Club at Gale Ranch, as shown on Map 8. C. Modify Figure 9-5 - Bicycle Trails Modify Figure 9-5; 9-6; and 9-7 to reflect the major trails planned for Country Club at Gale Ranch, as shown on Map 9. D. Modify Figure 9-6 - Hiking Trails Modify Figure 9-6 on Page 9-31 to reflect the major hiking trails planned for Country Club at Gale Ranch as shown on Map 9. 7 Country Club at Gale Ranch GENERAL PLAN AMENDMENT VACANT AND UNDEVELOPED RESIDENTIAL SITES IN UNINCORPORATED CONTRA COSTA COUNTY SUISUN BAY 1897• 1899 ,o'o m a 5050 507 •:a: �� N Sid i ' \ 5051 1617 SEE MARTINEZ5000' tx } £ s 1562 • ` �8 AREA MAP 1901 ��- - ' � �•� 51 602 q SEE 5046• 1604' ,,• .� s OAKLEY « 15489 - AREA MAP 5032• 9594• _ + - .• 1556 May 105 i - x . 7' 1553• 55� • 608 � ' _ ,..� � • • ;,� 769 15619 ' , _ f1676 •.1674 1693 Z68 _ 1675 SEE ('1671• 5057 WALNUT CREEK ALAMO 779• AREA MAP 1775 r+ Diablo 6 5053 5068 2207 05078 >� T �� ' - _• x1776 • >i75R = 1770• i. •/1777•,5070 510; • - _ • 178 " 05072 • =1774 7$2 1729 ` •178 • �a 1886 1744 _ 1788 : 2211 11 1 18 88 5075 76 1887 77 X1875 F7Oo• •1876 LEGEND X5074 !'� x ' INCORPORATED AREAS i 01851 UNINCORPORATED AREAS � 1853• • APPROXIMATE SITE LOCATION • 1767 TRANSACTION NUMBER - MAP P 6 NOTE: This is a reduced portion of i�it Figure 6-2 from the Contra Costa County General Plan 1990-2005, January 1991. Locations are shown schematically. Country Club at Gale Ranch GENERAL PLAN AMENDMENT SCENIC RIDGES AND WATERWAYS I I � "MI ONES-, �:�!j:%ii#9i';;w''':i}}.�biii;:y}:f.+:[.: h;�:v::<•"•+;<ichv4}:;}:::;:•iy<%iiia',':?c�<: Few•:}:r0\T.�t?:r'�i}l%�ruiri::•''%:i4::'<Fh.:;:>�n:��{i.!;::4: i. country Club 1 t at Gale Ranch ¢ . GPA Area ••{is?Ji'?s�ivis?:':'�:ii%i:^ii:i?:ii`>i:viv�:v��:iir I� LEGEND ` -i--�- ® SCENIC RIDGES Locations are shown schematically. �- MAP 7 Country Club at Gale Ranch GENERAL PLAN AMENDMENT LOCAL PARKS -- ......................-__j Country Club .. `.�<• �:�� at Gale Ranch .t v GPA Area �*`i4jl�S.}C i':'• �Jii>;+•+<1'�'�v:�:i�rr�F:J:: � l LEGEND NEIGHBORHOOD PARK Locations are shown schematically. 'I MAP 8 E. Modify Figure 9-7 - Riding�F uestrianl Trails Modify Figure 9-7 on Page 9-35 to reflect the major equestrian trails planned for Country Club at Gale Ranch, as shown on Map 9. IV. NOISE ELEMENT A. Modify Figure 11-5 Section P - Noise Contours Modify Figure 11-5 on pages 11-32 and 11-33 to reflect revised noise contours for the Country Club at Gale Ranch area, as shown on Map 10. B. Modify Table 11-3 - Future Noise Levels Modify Table 11-3 on Page 11-41 to reflect major noise characteristics of the development on the arterials in the Country Club at Gale Ranch as shown below; Distance to 60 Road/Segment DNL Q 100 fee (Pb) DNL Contour (feet) Bollinger Canyon Road Extension 70 620 Realigned Dougherty Road 80 410 CP3/GRGPA2.TXT Jummy 3, 1995 8 Country Club at Gale Ranch GENERAL PLAN AMENDMENT BICYCLE, HIKING & RIDING (EQUESTRIAN) TRAILS r • ~--� •• •, �. '\ Country Club l �\ at Gale Ranch 1 \ GPA Area \' ttttltlitttllt��,i �, \ i \ i LEGEND ititttltt BICYCLE TRAILS ; 00000 RIDING & HIKING TRAILS Locations are shown schematically. Proposed changes will amend MAP 9 General Plan Figure 9-5, Figure 9-6 and Figure 9-7. Country Club at Gale Ranch GENERAL PLAN AMENDMENT SECTION P - NOISE CONTOURS 0 �Zo eoQ o_CW 65 Ldn o ' 60 Ldn l 0 55 Ldn '1 e� 65 Ldn 1 �Q 60 Ldn \ 55 Ldn Q Country Club at Gale Ranch I \ GPA Area l Q Po Locations are shown schematically. RANCH z1OP 0 LEGEND EXISTING ROAD MAP 10 ■EXISTING ARTERIALS PROPOSED ARTERIALS The Country Club at Gale Ranch General Plan Amendment Area ..... =no=.. s r J l • '' � I The Dougherty Valley V4 Area Boundary •• • ''01� 10 Map. 1 - The Country Club at Gale Ranch GPA Area I hereby certify that this amend- I hereby certify that this amend- ment to the Contra Costa County ment to the Contra Costa County General Plan was Approved General Plan was Adopted by the by the Board of Supervisors on Board of Supervisors on Decemb 2 , 1994 . December 20 , 1994. Phil Batchelor, Clerk of the Board of Supervisors and County Admin' tra ey E ragdon Director Community Development By: a Deputy J, 0S sm W SM SM Country Club Country at Gale at Gale Ranch PR os GPA Area PS S M V PR SM 0S �Iklll A ALA IN AK NI L LEGEND SM Single Family Residential- Medium "Y C, Z� PS Public/Semi-Public CIS - PR Parks and Recreation OS Open Space VM NoW Eau MV Wicess mmy lia"4 w" &0armbno Imm ft conft Costa O UAW, I* POW Gamral Pim Land Us*ElwmM mvp. ------------ Country Club at Gale Ranch Proposed General Plan Amendment Map 2 I hereby certify that this amend- I hereby certify that this amend- ment to the Contra Costa County ment to the Contra Costa County General Plan was Approved General Plan was Adopted by the by the oard of Supervisors on Board of Supervisors on Dece b r December 20 , 1994. b the c r by b Phil Batchelor, Clerk of the Board of Supervisors and County Admin' tra eyagdon Director CrCommunity Development By: I i Deputy Country Club at Gale Ranch GENERAL PLAN AMENDMENT ------i o City of San Ramon r- I Danville ti��ww Ufr1'r,:i:J'Y"J:.:::t '}:i*•• n:'J'}J:�,..4 i5'.2':Ji::<44 'rvr. va1"uv:•Ai'vwh•;r.::.i l =<>k' Country Club Proosed General Plan Ma Chan es `• P P g >JF. at Gale Ranch1 :< GPs:.A Area ,:J:{J:w 1 1) Figure 4-2,change from Rural to +tiiti. / T s Urban. i 2 Figureure 5-3 include in area desig- nated esi - nated "local transit service area . v C� o o` `5 �0 3) Figure 7-5, show as Urban Use fi` `''`':> `` m Area 0 o- 4) Figure 8-2, delete from area shown o \ as Important Agricultural Lands". \ I/ GON�PMEpP MAP 3 Locations are shown schematically. I hereby certify that this amend- I hereby certify that this amend- ment to the Contra Costa County ment to the Contra Costa County General Plan was Approved General Plan was Adopted by the by the B and of Supervisors on Board of Supervisors on Decembe , 1994. December 20, 1994 . Phil Batchelor, Clerk of the Board of Supervisors and County Admin' trat ey agdon 0 irecto Community Development By: Deputy Country Club at Gale Ranch GENERAL PLAN AMENDMENT ROADWAY NETWORK PLAN :...i.-.:.r'k:.�:£:1:d.....i:;v''3iiaiSvd.;+�:y.: z.;}}:'<•i`a, �_.�._.�_ '. >.4 Country Club ' F•i � at Gale Ranch . s GPA Area s4: ANSA.... i l I l l � � I 0 Z PO Locations are shown schematically. RANCH o AME LEGEND ---■---EXISTING ROAD MAP 4 .........EXISTING ARTERIALS r-�PROPQSED ARTERIALS I hereby certify that this amend- I hereby certify that this amend- ment to the Contra Costa County ment to the Contra Costa County General Plan was Approved General Plan was Adopted b by the oard of Supervisors on P y the Decemb o , 1994. Board of Supervisors on December ?O ., 1994. Phil Batchelor, Clerk of the Board of Supervisors and County eY ragdon Admi tra r Director f Community Development By:. , Deputy Country Club at Gale Ranch GENERAL PLAN AMENDMENT SUB-AREAS -OF CONTRA COSTA COUNTY PITTSBURG — ANTIOCH $V/SUN ear AREA 0 ji WW,Pitlob"o AARTINEZ PITTSBURG k ANTIOCH Oakley PPeasco NORTH CENTRAL COUNT 1.0 PLEASANT HILL L CLAYTON BRENTWOOD WALNUT CREEK EAST LAFAVEIIE aaaa tall Itizall Mt 01ablo .4 4F 4F 4F Alarno OTHER EAST COUNTI MO G& r ` run SAN RAMON Nbl* DANVILLE' EXISTING BOUNDARY VALLEY ED PROPOSI BOUNDARY WW�N` �� NOTE: This is a reduced portion of Figure 6-1 from the Contra Costa County General Plan 1990-2005, January 1991. l \\. / SA.P\,\RAMON Locations are shown schematically. MAP 5 I hereby certify that this amend- I hereby certify that this amend- ment to the Contra Costa County ment to the Contra Costa County General Plan was Approved General Plan was Adopted by the by the Bqand of Supervisors on Board of Supervisors on . Decembe 19/14 December 20 , 1994. Phil Batchelor, Clerk of the Board of Supervisors and county Admi ' tr or haky-4y ragdon Director o Community Development By: 7AMA r glddj� � - Deputy Country Club at Gale Ranch GENERAL PLAN AMENDMENT VACANT AND UNDEVELOPED RESIDENTIAL SITES IN UNINCORPORATED CONTRA COSTA COUNTY SU/SUN BAY 1543 'T" a R'IMEMO U 1 ^� 189 J Po 9 9 • , 5050 5079 80 N •5051 1617• .,,.<. .. :, . , SE E 04 156 RT NEZ <>�,•<;, >_:;.= , .:: ::......::. r. .. _ ...... _. 901 „...,. AREA AP __.. _.._.......... . .iv::: 12 5118 ................::::::.::. Lam,, .:.:,:::,.,.::;,,:,<:.. 1 SEE OAKLEY 548 -:...:... .. .. ........._..,..... ...........::. ,.. .. .. .5046 .. .. :.r......_...:.:. AREA •-- I.S.94 MAP 50320 1555 1556 .., „,t:.,51 35 E5 54 - o �... C�{� ::::.......: . .,:.::�:,._�;_�;::"::: :::::::.......:.•.::,,c: `ii%iii 1561•;.::::::::::::: :•- ! ":?::::::::: ,,;;;._...,:;:::::;: 1676 1769 _:.............::.-:. ,...... .. ....... ... ..... _....:..................:..::::::: ........::::::::::: 1693 1675 SEE nPr�f 5056 {:.:::.:..... 5057 \• WALNUT CREEK— w ALAMO 9• kvew AREA MAP Mt DIoblo 1775 1694 5068 222207 05078 • �S,.1776 175$ 1770• 07;1777 5070 5107 • • `. 178 •5072 "� ' • 1774 4 1729 ::.•1787 017 • •1886 ;r.;...... :;a.,...,.: •1744 ,1 .:, 788 ;<:i 2211 , f \ \\ X20 1888 • 5075 ♦5076 1887 5077 :.•1875 `7 00• *1876 �.� LEGEND i ::; .i-'::..;... 5074 i i INCORPORATED AREAS l 01851 UNINCORPORATED AREAS �• "' ' ' " 18530'.; • APPROXIMATE SITE LOCATION X1854•"=-_; ..... 1767 TRANSACTION NUMBER �� MAP 6 NOTE: This is a reduced portion of Figure 6-2 from the Contra Costa County General Plan 1990-2005, January 1991. Locations are shown schematically. I hereby certify that this amend- I hereby certify that this amend- ment to the Contra Costa County ment to the Contra Costa County General Plan was Approved General Plan was Adopted by the by the oar of Supervisors on Board of Supervisors on Decem 2 . , 1994. December 20, 1994. Phil Batchelor, Clerk of the Board of Supervisors and County Admin'- tra r ey ragdon Director Community Development By: Wild L1.1 Deputy Country Club at Gale Ranch GENERAL PLAN AMENDMENT SCENIC RIDGES AND WATERWAYS i••.++i•{}..{....;;••:{}. :•i tiff}''}:4{Wi\\:,F.rA,��{h�f:i' .v441<}tii rr:}':::<:: :{r.. �:i:iv/ii$,>v..}'+rr•:+�i'F{<„ %Lv+S.\ OFCiik 4ti�{v• itiv }r �: �.: �{�:�'•v4}ivG�.•v M:C.0.�\.v N...�:v:}.f�}:.;��t::u;2 4y'ti�� ti •tit` •`•'•.'.Y}: s }:{G:{:::'<•:•::./::`'Y'•.,':: } +;;,/•,}F':ii Country ClubRM <s ' at Gale Ranch ) GPA Area �;,:::`::• ...,C;..isii:.L:`F{'Fv...:�.{w+•r:{r.:::.::.�{:`:`.v i<::$::ri ',��r•�::.iu.A%�!$}inti\lv'.\•;'.$�iti�Uii�r�}ifkC'. �f��{��J:v}i}ii:(u::::xir'v::i:JG.'•j}tQ;r' ri ••• rit ti\:��44•• I. �'v�y.•1i \ l 1 LEGEND SCENIC RIDGES Locations are shown schematically. MAP 7 I hereby certify that this amend- I hereby certify that this amend- ment to the Contra Costa County ment to the Contra Costa County General Plan was Approved General Plan was Adopted by the by the Board of Supervisors on Board of Supervisors on Decemb , 19 4. December 2Q, 1994. Phil Batchelor, Clerk of the Board of Supervisors and County Admi ' tra r ey J/ragdon Director Community Development By: a Deputy Country Club at Gale Ranch GENERAL PLAN AMENDMENT LOCAL PARKS Country Club `<< at Gale Ranch , GPA^ Area ''.•' }:<:}..{�{}+.:{:{ fit}•'}..,>> �{y�:• {.iy,;;F��/F"�}•:}�':"!/.;;#}"$$�}�•fry{;:#}::�t'.f.'':::c�::•;,•.•i•.tt O.' ::;:::tiit{:"}Yiti�. J.4:5�{.•;':tit��:•uti fan l:K"�:#,:r::.}..: is ,'+: C\•w}r::::'# }`:`•Dr'rrfi„`i:�Y:$�.�r.�.'#+:#:�#h:;:;�:3rr:';:',: 7 iI\ - ,> LEGEND i NEIGHBORHOOD PARK Locations are shown schematically. l MAP 8 I hereby certify that this amend- I hereby certify that this amend- ment to the Contra Costa County ment to the Contra Costa County General Plan was Approved General Plan was Adopted by the by the Bo r of Supervisors on Board of Supervisors on December 2 199 December 20 , 1994. Phil Batchelor, Clerk of the Board of Supervisors and County Y agdon Admin' trat Director o Community Development By: AAM 4 a De ut P Y Country Club at Gale Ranch GENERAL PLAN AMENDMENT BICYCLE, HIKING & RIDING (EQUESTRIAN) TRAILS i %0 Ois • ___j ------ ---- ---------- - - - Country Club '\ at Gale Ranch 1 GPA Area \ J ,\ • • l 1 LEGEND > 1rnnn1 BICYCLE TRAILS 00000 RIDING & HIKING TRAILS Locations are shown schematically. Proposed changes will amend MAP 9 General Plan Figure 9-5,Figure 9-6 and Figure 9-7. I hereby certify that this amend- I hereby certify that this amend- ment to the Contra Costa County ment to the Contra Costa County General Plan was Approved General Plan was Adopted by the by the Bo rd of Supervisors on Board of Supervisors on Decembe 20 1994 . December 20 , 1994. Phil Batchelor, Clerk of the Board of Supervisors and County Admi 'str r y E Bagdon Director of Community Development By: a Deputy Country Club at Gale Ranch GENERAL PLAN AMENDMENT SECTION P - NOISE CONTOURS 2i oQ c 65 Ldn o j \ 60 Ldn p \ \55 Ldn 1 65 Ldn Q \ 60 Ldn \ 55 Ldn �Q Country Club \ at Gale Ranch \ GPA Area s l � o y� oP �• opo � Cp/N-�i•.�•• Locations are shown schematically. RANCH CO o �pN�`PMEO i P LEGEND MAP 10 -EXISTING ROAD �•••EXISTING ARTERIALS PROPOSED ARTERIALS I hereby certify that this amend- I hereby certify that this amend- ment to the Contra Costa County ment to the Contra Costa County General Plan was Approved General Plan was Adopted by the by the Bo d of Supervisors on Board of Supervisors on December 2 , 1994. December 20 , 1994. Phil Batchelor, Clerk of the Board of Supervisors and County Admi�T* tr or H ey E. gdon Director o Community Development By: De ut P Y D. 2 (c) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adepts this Order on December 2 Q 1994, by the following vote: AYES: Supervisors Smith, DeSaulnier, Torlakson and Powers NOES: Supervisor Bishop ABSTAIN: None SUBJECT: In the Matter of Shapell Industries' RESOLUTION NO. 94/649 Application for Rezoning and Approval of Preliminary Development Plan The Board of Supervisors of the County of Contra Costa County RESOLVES as follows: On this date, this Board has adopted the Country Club at Gale Ranch General Plan Amendment. There is filed with the Clerk of this Board an application pertaining to approximately 618 acres, known as "Country Club at Gale Ranch", seeking to rezone the site from Agricultural District (A-80) to Planned Unit District (P-1) and requesting the adoption of the Preliminary Development Plan. This application, together with the Country Club at Gale Ranch General Plan Amendment and other applications, were the subject of an environmental impact report("EIR"). On this date, by Resolution No. , which resolution is incorporated herein by reference, this Board certified the EIR and adopted CEQA Findings and Statement of Overriding Considerations Related to Approval of the Country Club at Gale Ranch General Plan Amendment, Rezoning, Vesting Tentative Map, Final Development Plan and Development Agreement ("CEQA Findings"). The applications for the rezoning and Preliminary Development Plan, together with the Country Club at Gale Ranch General Plan Amendment, Final Development Plan, Vesting Tentative Map and Development Agreement were the subject of duly noticed public hearings by the County Zoning Administrator, the County Planning Commission, the San Ramon Valley Regional Planning Commission and this Board, as follows: � � V } On October 19, 1994, the County Planning Commission and the San Ramon Valley Regional Planning Commission held public hearings both in the afternoon and the evening, on the Country Club at Gale Ranch General Plan Amendment, Rezoning, Final Development Plan and Vesting Tentative Map. On October 26 and November 9 the Commissions held continued joint public hearings. On December 5, 1994, the Zoning Administrator held a public hearing on the Development Agreement. On November 29, 1994, the County Planning Commission adopted Resolution No. 44-1994 (1) recommending that this Board adopt the requested rezoning, Preliminary Development Plan, and Final Development Plan with recommended conditions of approval, and (2) approving the Vesting Tentative Map with recommended conditions of approval. On December 1, 1994, the San Ramon Valley Planning Commission adopted Resolution No. 43-1994, recommending that this Board adopt the requested rezoning, Preliminary Development Plan and Final Development Plan with recommended and additional conditions of approval. Having considered the EIR, oral and written public testimony, and other evidence before the Board, having considered the recommendations in Resolution No. 43-1994, by the San Ramon Valley Planning Commission and Resolution 44-1994 the County Planning Commission and the CEQA Findings adopted by Resolution No. of this Board, the Board is satisfied that: A. The Project is a large scale, integrated development which provides a cohesive design in harmony with the surrounding area and demonstrates compliance with the Growth Management Element of the General Plan. The mitigation measures adopted will ensure that the Project meets service performance standards established in the General Plan and the County Code. B. The applicant has indicated that it intends to commence construction within two and one-half years of the effective date of the rezoning and plan approval. C. The Project, as conditioned, is consistent with the County General Plan, as amended by the Country Club at Gale Ranch General Plan Amendment. The Project contains the minimum site area for residential development, as required by § 84-66.602 of the Contra Costa County Code ("Code"), and is consistent with the General Plan density designations, as determined pursuant to § 84-66.802 of the Code. The Project is also consistent with the Dougherty Valley Specific Plan. 2 t C I y r D. 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 will provide approximately 113.3 acres of open space, 9.9 acres for parks, 218.6 acres for recreational uses, and 3.6 acres for public/semi public use. E. The Project, including the Vesting Tentative Map, Final Development Plan and the conditions attached thereto, is consistent with the "Agreement to Settle Litigation Relating to the Dougherty Valley General Plan Amendment, Specific Plan and Environmental Impact Report." F. Overall, the Project represents a harmonious, integrated plan whose long- term buildout justifies exceptions from the normal applications of the County Code to allow for flexibility and the ability to respond to changing planning needs over time. Being satisfied of the foregoing matters, this Board on this date has by Ordinance No. 5g -11 amended the Zoning Map to rezone the Project site from Agricultural District (A-80) to Planned Unit District (P-1). NOW, THEREFORE, BE IT RESOLVED that this Board hereby adopts the Preliminary Development Plan for the Country Club at Gale Ranch Project. Orig. Dept.: Director of Community Development cc: County Administrator t Hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Director of Public Works Board of Su ors on t date shown. Director of Growth Management and ATTESTED: Economic Development Agency PHI!_BATCHELOR,Clerk of the boaird County Counsel q0 ' pervis and Coun ministrator Town of Danville City of San Ramon By .Reouty 3 S CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT 3 APPLICANT: Shapell Industries APPLICATION NO. SD927796 100 N. Milpitas Milpitas, CA ASSESSOR'S PARCEL NO. 217-060-004,-005, -025, 206-230- 0011,206-240-004, 06-230- 001,206-240-004, -005, -008, -009, 206-250-003,206- 240-010,206-2407 001, -003, 206- 040-002,206-250- 004 ZONING DISTRICT: P-1 OWNER: Same as applicant VESTING DATE: August 23, 1994 APPROVAL DATE: December 20, 1994 EFFECTIVE DATE: December 20, 1994 This matter not having been appealed within the time prescribed by law, the subdivision is hereby granted, subject to the attached conditions. HARVEY E. BRAGDON. Director Community Development Department By. NAAM T� w' Mary Fleming - Chief ofLand Development PLEASE NOTE THE APPROVAL DATE, as no further notification will be sent by this office. Unless otherwise provided, you have 36 months from the approval date to file the FINAL MAP. CONDITIONS OF APPROVAL FOR SUBDIVISION 7796 and DEVELOPMENT PLAN 3010-92 AS MODIFIED BY THE BOARD OF SUPERVISORS ON DECEMBER 13, 1994 P-1 District Findings A. The applicant has indicated they intend to commence construction within two and one- half years of the effective date of final project approval. B. The 1 ,216 unit project, as conditioned, is consistent with the County General Plan. The project as proposed is consistent with the Country Club at Gale Ranch General Plan Amendment. The project has a density of 4.9 dwelling units per acre which falls ; within the General Plan density range of Single Family Residential-Medium Density (3.0 to 4.9 dwelling units per acre) as proposed by the General Plan Amendment for the project. The average household will be approximately 2.5 per household and the average population densities would normally range from 7.5 to 12.5 persons per acre. Furthermore, the plottages of land uses as shown are consistent in shape and location as those shown on Map 2 of the General Plan Amendment. C. The project will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the nearby community. D. 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. E. Staff has reviewed the project and finds that it is not in conflict with the Dougherty Valley General Plan Amendment ("DVGPA") and the Dougherty Valley Specific Plan ("DVSP"). The project as proposed is substantially the same in density and intensity of use and the plottages as identified within the DVGPA and DVSP are substantially the same as those identified on Map 2 of the Country Club at Gale Ranch General Plan Amendment. General 1 . This approval is based upon the exhibits received by the Community Development Department listed as follows: A. The Country Club at Gale Ranch as authorized under the following Conditions of Approval, is subject to language contained within the Agreement to Settle Litigation Relating to the Dougherty Valley General Plan Amendment Specific Plan and Environmental Impact Report, executed between Contra Costa County, the City of San Ramon, the Town of Danville, and landowners on May 1 1 , 1994. Exhibits B and G of the Settlement Agreement summarizes the performance standards that the project is required to meet. The Conditions of Approval address all of the impacts of the project, as identified in the DEIR and FEIR. The Conditions of Approval are not intended to interpret or be a complete recital of all obligations of the parties under the Settlement Agreement nor do they constitute any modification of that Agreement. However, the project 2 conditions which make specific reference to the Settlement Agreement are understood to satisfy this project's obligation under that Agreement. The project, as proposed, is consistent with the Settlement Agreement. B. Exhibit A - Vesting Tentative Map received April 14, 1993 by the Community Development Department for 1 ,216 lots and (single and multi-family residences) on the 618 acre site. C. Exhibit B - Grading plan for site (shown on same sheet as Vesting Tentative Map. D. Conceptual home design dated received by the Community Development Department on July 24, 1992. The approval is also based upon the following reports: A. Preliminary Geotechnical Investigation prepared by ENGEO and dated received July 24, 1993 by the Community Development Department. B. Landscape Plan prepared by Samson Associates and dated received April 14, 1993 by the Community Development Department. Unless otherwise indicted,the following conditions shall be complied with prior to filing the first Final Map. The maximum number of lots approved for this development subdivision is 1,216 lots. 2. The approval is for a three (3) year period which may be extended for an additional three (3) years. An extension request must be submitted prior to expiration of the initial approval and must be accompanied by the appropriate filing fee. An extension request is subject to review and approval of the appropriate hearing body. 3. The approval of the Rezoning/ Preliminary Development Plan 3010-RZ, and Final Development Plan 3010-93 shall run concurrently with the time limits of SUB #7796. 4. The development shall be done in phases as shown on the approved phasing map dated received April 14, 1993 by the Community Development Department. Phasing may be overlapping and may be revised subject to the approval of the Zoning Administrator. 5. At least 60 days prior to recording the final map, any revisions of the internal circulation plan or lot layout shall be subject to review and comment of the San Ramon Valley Regional Planning Commission and subject to review and approval of the Zoning Administrator. 6. This subdivision is approved contingent upon approval of the rezoning request (3010- RZ) from A-80 to P-1 and General Plan Amendment 5-94-SR. 3 7. Pursuant to Government Code Section 66474.9,the applicant (including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the Contra Cosa County Planning Agency and its agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents, officers; or employees to attack, set aside, void, or annul, the Agency's approval concerning this subdivision map application, which action is brought within the time period 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. 8. Covenants, Conditions and Restrictions shall be submitted for review with the Final Subdivision Map, and shall be subject to review and approval by the Zoning Administrator. This document shall provide for establishment, ownership and maintenance of the common open space and parking, fire protection, fencing, private streets and drainage maintenance, keeping of pets and establishment of signs. The Covenants, Conditions and Restrictions (CC & Rs) developed for this project shall include the following deed restrictions: A. (Example) No recreational vehicle, boat, boat trailer or mobilehome shall be stored on the site overnight. Exterior materials and colors shall not vary from the palette approved for the original homes or subject to review and approval of the Homeowners Association. 9. A homeowners association/county service area/lighting and landscape district/geologic hazard abatement district shall be formed for the maintenance of the private streets and open space areas shown on the Tentative Subdivision Map. Open space offered to but not accepted by the East Bay Regional Park District shall be designated as open space area on the Final Map for the various phases of the project. Regional trails running through said project will be shown on all project maps subject to review and approval of the Zoning Administrator. 10. A copy of the project's Covenants, Conditions and Restrictions shall be submitted to the Community Development Department. 1 1 . At least 30 days prior to filing the Final Map, plans shall be submitted for review by the Community Development Department, Graphics Section, to obtain addresses and for street name approval (public and private). Alternate street names should be submitted in the event of duplication and to avoid similarity with existing street names. The Final Map cannot be certified by the Community Development Department without the approved street names and the assignment of street addresses. 12. All P.G.& E. vaults shall be underground. 13. Prior to the issuance of building permits, the applicant shall submit a detailed 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. 4 Land Use 14.* At least 30 days prior to filing the Final Map for the first phase, provide interface buffer plan. The project proponent shall provide a plan that indicates how the development would apply buffer design features to minimize land use incompatibility in the area shown in Figure 4-2. This plan shall incorporate specific design features that would be provided to create a visual buffer in these areas including landscaping, fencing, grading, natural topographic features, building orientation, and other approaches to sensitive site planning of the affected land use interface. The plan shall provide for a visual screening using greenbelts of trees on slope areas between the developments, as considered feasible and appropriate by the geotechnical engineer. This may require the project proponent to obtain slope easements. The buffer areas shall be installed/planted prior to issuance of building permits for that phase of construction. (MM 4.1) Air Quality 15.* Sprinkler water on exposed soil on the construction site to prevent airborne dust from leaving the site. The project proponent shall use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site, and increase watering frequency whenever winds exceed 15 mph. Because of the importance of water conservation, only recycled water should be used for compaction and dust- control purposes, if an adequate supply of reclaimed water is available on-site or reasonably close to the project site. (MM 7.1) 16.* Spray dirt stockpile areas daily. The project proponent shall spray all dirt stockpile areas daily as needed, including weekends and holidays as needed. 17.* Implement permanent dust-control measures. The project proponent shall implement permanent dust-control measures identified in the approved project revegetation and landscape plans as soon as possible following completion of any soil-disturbing activities. (MM 7.2) 18.* Plant native grass in areas of exposed soil that will be reworked more than one month after initial grading. Exposed ground areas except finished graded pads that are planned to be reworked more than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. (MM 7.4) This condition shall be implemented as part of the erosion control plan. *Mitigation Measures 5 19.* Stabilize areas of disturbed soil not subject to revegetation. The project proponent shall stabilize all disturbed soil areas not subject to revegetation, using approved chemical soil binders, jute netting, or other methods approved in advance by the BAAQMD. (MM 7.5) This condition shall be implemented as part of the erosion control plan. 20.* Restrict construction vehicle speeds to 25 mph or less on unpaved surfaces. The construction vehicle speeds shall not exceed 25 mph on any unpaved surface at the construction site. (MM 7.6) 21 .* Use electric-powered equipment. The project proponent shall utilize electric-powered equipment where practical. (MM 7.7) 22.* Maintain and operate equipment according to manufacturers' specifications. The project proponent shall maintain and operate equipment according to manufacturers' specifications, except as required by mitigation measure 7.9. (MM 7.8) 23.* Implement engine timing retard. The project proponent shall implement engine timing retard (4 degrees)for diesel-powered equipment or as recornmended by manufacturers (MM 7.9) 24* Install catalytic converters. The project proponent shall install catalytic converters on gasoline-powered equipment where required by law. (MM 7.10) 25.* Use gasoline-powered equipment. The project proponent shall substitute gasoline- powered for diesel-powered equipment where feasible. (MM 7.1 1 ) 26.* Shut off idling equipment. The project proponent shall reduce construction equipment emissions by shutting off equipment that would otherwise idle for more than 15 minutes. (MM 7.12) 27.* Implement intersection mitigation measures. The project proponent shall implement the intersection mitigation measures detailed in Chapter 6 "Traffic and Circulation". (MM 7.13) 28.* Implement transportation control measures. The transportation control measures listed below are consistent with the proposed guidance in TCM 16 of the BAAQMD 1991 CAP. These measures shall be implemented by the project proponent or other appropriate provider. Commute Travel A. Vans/carpools. Prior to filing the first Final Map designate areas for carpools and vanpool pickup and parking. A community bulletin board will be available for carpool and vanpool notices. *Mitigation Measures t 6 Non-commute Travel A. Recreation. The project shall include recreation facilities, such as open space for hiking and parks, within walking and biking distance of residential units. (MM 7.14) 29.* Modify traffic signal timing. The County shall modify signal timing to improve arterial traffic movement. (MM 7.15) Noise 30.* Employ noise-reducing construction practices. The project proponent shall employ noise-reducing construction practices to reduce the exposure of on-site and off-site land uses to construction noise by incorporating the following measures into contract specifications before the County's issuance of grading permits: A. All equipment shall have sound-control devices no less effective than those provided on the original equipment. No equipment shall have an unmuffled exhaust. B. As specified in the CCCGP noise element, construction activities shall be concentrated during hours that are not noise-sensitive for adjacent land uses and should be commissioned to occur during normal work hours to provide relative quiet during the more sensitive evening and early morning hours. The County shall set the hours of heavy equipment operation when considering tentative map approval. C. As directed by the Contra Costa County Community Development Department, the contractor shall implement appropriate additional noise mitigation measures, including, but not limited to, changing the location of stationary construction equipment, shutting off idling equipment, rescheduling construction activities, notifying adjacent residents in advance of construction work, or installing acoustic barriers around stationary construction noise sources. (MM 8.1 } D. 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 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. *Mitigation Measures 7 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. E. 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. F. 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 provision for an on-site area in which to park earth moving equipment. Prior to issuance of grading permit, the project proponent shall prepare a construction access road program to be reviewed and approved by the County, City of San Ramon and Town of Danville. 31 .* Provide disclosure statement to future home buyers. The proponent shall prepare a specific disclosure statement to future buyers of homes located adjacent to the golf course, informing them of the potential for intermittent early morning noise impacts. (MM 8.2) 32.* Construct soundwalls between Bollinger Canyon Road and noise-sensitive land uses and include noise-reducing measures in building construction. The project proponent shall retain a qualified acoustical engineer to evaluate the site-specific traffic noise conditions at residential land uses and the church site adjacent to Bollinger Canyon Road, taking into account shielding from local topography. Where traffic noise conditions on residential lots and on the church site exceed an LDN of 60 dB, the engineer shall determine the optimum height and location of soundwalls to reduce traffic noise. After approval of the soundwall noise attenuation design by the County, in conjunction with the City of San Ramon the proponent shall then construction the soundwalls as specified. Where soundwalls will not reduce traffic noise below 60 dB-LDN, such as areas where the soundwall would not block the line of sight between the roadway and two-story dwellings or where walls are impractical or undesirable, acoustical treatments identified by the engineer shall be incorporated into the design and construction of affected dwellings and noise-sensitive buildings so that projected interior noise levels are less than 45 dB-LDN. *Mitigation Measures 8 Where additional noise reduction is required to achieve an interior noise level of 45 dB- LDN or less, the following features shall be incorporated into the project design to reduce interior noise levels: A. Minimize the extent of windows, glass sliding doors, vents, and other openings in building shell walls that face roads or railways. B. Orient garages and activity rooms so they will shield bedrooms and other noise- sensitive areas of dwellings from exterior noise sources. (MM 8.3) z Public Services and Utilities 33.* Install an on-site water distribution system approved by EBMUD and pay connection fees to finance off-site improvements. The engineering design of this water system shall be approved by EBMUD as a condition of final development plan approval and shall be installed before issuance of occupancy permits. The County shall also condition project approval on payment of connection fees to EBMUD to finance construction of needed facilities and provide water service to the site. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measure. (MM 9.1 ) 34.* Require water-efficient landscaping irrigation. The County shall require landscaping for which the County has regulatory responsibility to be irrigated with drip systems or water-efficient sprinkler systems, which shall be: A. Calibrated to deliver only the amount of water necessary to sustain the irrigated species. B. Timed to operate in the early morning. C. Designed and adjusted to avoid spray-over onto adjacent barren surfaces (such as sprinkler spray-over from median strip irrigation onto adjacent asphalt). Additionally, the project proponent shall install a sleeving system capable of allowing distribution of reclaimed water to the golf course, public parks and landscaped areas and (private) common area landscape in accordance with the project improvement plans. This will allow reclaimed water to be provided to the project if reclaimed water service to the project site is developed and the County deems its implementation is feasible. (MM 9.2) 35.* Require demonstration of adequate water supply. In accordance with General Plan policies, the County shall require the proponents of development projects within EBMUD's service area to demonstrate at the project approval stage that EBMUD can provide adequate water to serve the project. (MM 9.3) *Mitigation Measures 9 36.* Continue to implement CCCGP wastewater management policies and programs. The County shall continue to implement CCCGP Policy 7-33 to require new development to demonstrate wastewater treatment capacity and implementation measure 7-t to conditionally approve all tentative subdivision maps and other preliminary development plans on verification of adequate wastewater treatment capacity for future projects within Central San service area. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measures. (MM 9.7) This is the responsibility of Contra Costa County. 37.* Prior to filing the first Final Map, establish a supplement law enforcement service funding mechanism to provide the equivalent of 3.3 officers. The project proponent and the County shall identify and implement a funding mechanism that could include formation of a project-specific police service district, formation of a CSA, annexation to the countywide P-6 police service district, or other financing mechanism necessary to deploy the equivalent of 3.3 officers (at project buildout) and all associated training and capital equipment costs to provide traffic-and non-traffic related law enforcement service to the project site. If feasible, a project-specific police service district should be formed which would assume traffic related services from the CHP. (MM 9.8) 38.* Integrate defensible space features. The project proponent shall integrate defensible space features recommended by the CCCSD into the project design. These features should include: A. Landscaping parks, open spaces, and trails to allow observation from roadways and adjacent residences. B. Designing trail fencing to provide maximum visibility from surrounding roadways. C. Designing and spacing light standards in parks and along trails (as appropriate) to provide continuous twilight-level intensity night lighting. D. Designing vandalism-resistant features, such as unbreakable lenses, into light standards. (MM 9.9) 39.* Establish a substation funding mechanism. The project proponents shall contribute to a fair-share contribution toward provision of additional substation space. The contribution may be authorized under an assessment district, establishment of a CSA, or other appropriate method. The contribution shall be adequate to fully fund development of additional substation space at a ratio of 155 square feet per 1,000 population to implement CCCGP Policy 7-57. The project's fair-share contribution would be based on the cost to provide approximately 516 square feet of substation space (155 square feet multiplied by 3.322; based on a project population of 3,332). The funds obtained from the project should be combined with funds from assessments of other future projects in the substation service area and held on account until sufficient funds are available to feasibly construct the required substation space. (MM 9.10) *Mitigation Measures 10 40.* Ensure adequate fire protection service. If fire protection service is to be provided by DRFA (rather than SRVFPD), ensure that the 5-minute response time standard of CCCGP Policy 7-63 is met, the project proponent to locate a temporary fire station on the project site to serve project development. A residence on the project site could be used as a fire station. During the first phase of project construction, the station should be equipped with one structural fire engine and a crew of three full-time firefighters. Additional equipment and staffing should be provided as needed during future phases of the project to ensure that the 5-minute response time standard is met. (MM 9.11) A. Identify Location: At least 18 months prior to initial occupancy determine in consultation with DRFA the location of the fire station. B. Determine Size: At least 18 months prior to initial occupancy DRFA shall determine the size of the facility. C. Identify Funding: At least 18 months prior to initial occupancy. D. Establish a Design/Construction Schedule: At least 18 months to initial occupancy. E. Assure Funding/Commence Construction: At least 12 months prior to initial occupancy. F. Delivery of Completed and Operational of Facility: Prior to initial occupancy. 41 .* The project proponents shall implement and maintain wildland fire protection measures. These measures shall meet the approval of the fire protection district responsible for the project site (either SRVFPD or DRFA), but may include any or all of the following measures: A. Continue grazing leases on the undeveloped portions of the project site for as long as feasible to reduce fuel volume of annual grasslands. B. Construct and maintain irrigated fire buffers 25 - 50 feet wide in wildland/urban interface areas to be designated on all final subdivision maps. C. Include in project conditions, covenants, and restrictions (CC & Rs) a provision to require homeowners in interface areas to maintain their private property to eliminate flammable materials and keep yard areas in a debris-free and fire-safe condition. D. Construct and maintain emergency vehicle access to open space areas in accordance with fire protection standards. (MM 9.12) *Mitigation Measures 11 42.* Ensure that fire protection service meets performance standards. If new equipment must be purchased or a new fire station must be established to meet this standard, the project proponent shall be required to supply supplemental funding necessary to purchase the equipment or to construct an adequately equipped temporary' or permanent fire station. Mechanisms available to generate this funding include a county service area or other appropriate funding mechanism. The, equipment or station to be funded by the development shall meet with the approval of the responsible fire agency. (MM 9.13) a 43.* Install sprinkler systems where required by local ordinance, the Uniform Fire Code or the State Fire Marshall, to ensure fire response is adequate. (MM 9-14) 44.* Prepare and implement a fire management program, meets with the approval of the responsible county fire agency. The fire management program shall describe measures to be implemented that would reduce the incidence of wildland fires and potential for wildland fire damage. Measures to be described in the plan include controlled burning, fuel removal, establishment of fire roads, fuel breaks, and water supply. (MM 9.14) Prior to start of combustible construction, adequate emergency access and firefighting water shall be available. These measures shall be inspected and approved by the responsible fire agency. (MM 9-14) 45.* Pursue funding for construction of an additional elementary school. SRVUSD has applied for _Priority One status for construction of the planned Tassajara Valley Elementary School, which would have a 660-student capacity and is expected to accommodate elementary school students in the eastern part of the district. If the proposition fails, or if funding is not secured from that bond issue, SRVUSD and Shapell Industries should pursue other state, local, or private sector funding for construction of the proposed Tassajara Valley school. (MM 9.16) 46.* Pursue annexation of a school site into the service districts of water and wastewater service providers and identify other potential school sites. The project proponent, the County, and/or other interested local agencies shall propose and support annexation of a school site adjacent to the project into the service districts of water and wastewater service provider. Additionally, the project proponent and school district should cooperate in identifying other sites in the area that might serve as suitable locations for an elementary school, in furtherance of SRVUSD/Shapell Industries agreement for the provision of additional school facilities. (MM 9.17) 47.* Provide funding for temporary facilities if student generation exceeds the actual capacity of the SRVUSD. The Community Development Department shall require that the project proponents establish an .acceptable funding mechanism and plan for providing temporary modular buildings, until new facilities can be constructed, for any off-site elementary school(s) affected by students generated by the project if SRVUSD is unable to accommodate additional students anywhere in the district. (MM 9.18) *Mitigation Measures 1 12 48.* Require annual review of student generation and facilities capacity. During project construction,the Community Development Department,the project proponent, and the SRVUSD shall meet annually to review and monitor the number of students being generated by the project, the progress of schools under construction, and the number of building permits issued, in order to determine the necessity for the implementation I of any or all of Mitigation Measures 9.16, 9.17 and 9.18. (MM 9.19) A. Identification of school site by Shapell to the San Ramon Valley Unified School District shall occur upon issuance of the 1,350th building permit issued for the Gale Ranch projects (West Branch and Country Club at Gale Ranch). The school site shall be selected in consultation with the San Ramon Valley Unified School District, and with approval of the State Department of Education. B. Construction of the elementary school shall commence upon issuance of the 1,400th building permit (Phase 1). Commencement of construction shall be defined as the preparation of the foundations for the school buildings. Thereafter, construction shall be continuous, and the.school shall be completed within 18 months from the commencement of construction. C. An elementary school to house 300 students shall be completed and delivered fully operational to the San Ramon Valley Unified School District prior to or upon issuance of the 1,570th building permit. The elementary school shall include all core facilities, such as multi-purpose room, ball fields, playing fields, parking, administrative offices, computer and science labs, special education resource rooms, and a library. The core facilities shall be constructed to provide services to 650 children, which is the ultimate student population of this facility, once fully completed (Phase I completed). Provision of the school by Shapell does not include provision of furniture, equipment, school supplies or books at Shapell's expense. f D. Upon issuance of the 1 ,749th building permit, construction shall commence on the additional classrooms to house a total of 650 children (Phase 11). Thereafter,construction shall be continuous and the additional classrooms shall be completed within 18 months. E. Completion of Phase II prior to or in issuance of the 1 ,884th building permit, or upon generation of the 433rd child in the Gale Ranch projects, whichever occurs first. In the event that additional construction in the Dougherty Valley commences during this period, and the thresholds as applicable in the 1992 i agreement are met first (i.e., generation of the 433rd student in the Dougherty ` Valley area, which excludes West Branch), then this 1992 agreement shall apply. *Mitigation Measures 13 F. The design, layout, specifications, site preparation and construction inspection shall be performed by an architect selected by the school district and approved by Shapell, who will be paid by Shapell. Shapell's approval or disapproval of each architect proposed by the district in writing shall be exercised within 30 days of the submittal. The quality of the elementary school will not exceed the State School Building Standards as defined by the Leroy Greene Act and will not exceed the 30% State Required Relocatable Teaching Stations. G. The San Ramon Valley Unified School District will provide to Shapell necessary information regarding student generation rates in the affected area within 90 days of any written request to do so. The School District will cooperate with Shapell conducting environmental review of the site selection and proposed construction projects, and in obtaining all necessary approvals and permits for the construction of the elementary school. H. Bi-annual meetings will occur between the School District and Shapell to evaluate the number of building permits issued and the actual student generation rates so to verify the phasing schedule for possible adjustment to a later phasing schedule. Any adjustment shall be at the sole discretion of the j School District. Annual meetings will occur with the Contra Costa County Community Development Department, Shapell and the School District. I. If commencement of construction and completion of the elementary school do not occur as described above, upon the request of the School District, the County shall not issue further building permits until the scheduled events occur. 49.* Continue to implement CCCGP policies and programs to support schools. The County shall continue to implement CCCGP Policy 7-144 to support provision of quality schools by coordinating development review for future development with SRVUSD, including such activities as designating school sites, obtaining dedications of school sites, and supporting local fees, special taxes, and bond issues intended for school construction within SRVUSD. (MM 9.20) i 50.* Ensure that childcare facilities are provided. The project proponent shall ensure that child care facilities are provided to serve the project according to the County's child care ordinance as a condition of project approval. This could include identifying capacity at existing child care centers or dedicating and ensuring the construction of additional facilities. Child care facilities should be located on school sites or transit I routes and within 0.25 mile of the schools that the children housed at that facility attend and according to general plan Policies 7-151 , 7-152, and 7-155. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measures. (MM 9.21 ) *Mitigation Measures 14 51 .* Develop parks and pay in lieu fees for additional parkland. The County shall condition approval of the project on development and dedication of the on-site parks to meet County standards and should require the project proponent to pay park dedication in lieu fees as specified by County Ordinance for those dwelling units not mitigated by the provision of 7.4 acres of on-site parkland. The in lieu fees should be held in a separate account to fund future park facilities on land dedicated by the project proponent. Alternatively,the project proponent may purchase or build facilities off-site equal in value to the expected fee contribution. The County should establish a mechanism to collect and apply these fees as appropriate to meet CCCGP Growth Management Element, Public Facilities/Services Element, and Open Space Element policies. A county service area may be an appropriate vehicle to hold and distribute the fees. If the project is annexed to San Ramon, the same optional mitigation measures would apply. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measures. (MM 9.22) 52. The 5-acre park north of Bollinger Canyon Road shall be enlarged to 7.5 acres to accommodate a ballfield/soccer field. The two pocket parks south of Bollinger Canyon Road may be eliminated. 53. Prior to filing the final park plans with the Community Development Department, the City of San Ramon shall have the opportunity to review and comment on the plans. The plans shall incorporate at a minimum the following features: A. Ballfield/soccer field. B. Restroom. C. Picnic area. D. Kids play area. E. Telephone. F. Drinking fountain. Soils and Geology 54.* Prepare final grading plan to reduce cuts and fills, and employ landform grading techniques. Project proponent shall direct preparation of a final 40-scale grading plan that includes reduced depth and amount of excavation and fill and the employment of landform grading techniques wherever feasible and where such reduction will not result in an increase in geologic and soil-related hazards such as landsliding. The final 40- scale grading plan shall be based on geotechnical criteria provided by the geotechnical engineer for the project (ENGEO, 1992). *Mitigation Measures l 15 Additionally, the 40-scale grading plan shall be used to implement Mitigation Measure f 1 1 .1, described in Chapter 11 of this EIR. This mitigation measure employs appropriate landform grading techniques to emulate natural landforms. (MM 10.1) 55.* Provide earthquake insurance information. The project proponent shall provide to all project property owners at the time of their property purchases information that discloses the ground shaking intensity predicted for the project area, and brochures about earthquake preparedness and household hazard reduction and the need for and purpose of earthquake insurance. This information shall be accompanied by a statement that recommends that the property owner consider purchasing earthquake insurance and that includes an affidavit acknowledging that the property owner understands the information and is assuming responsibility for the decision to purchase or not to purchase earthquake insurance. Compliance would be verified through the Department of Real Estate in the Final Public Report. (NIM 10.2) 56.* Monitor earthquake fault location. The location and nature of the Sherburne Hills Fault shall be investigated by an engineering geologist making field observations during the course of project grading and excavation. Based on the results of this investigation, the project proponent shall alter the location and design of structures that may be on or near the fault, if such alteration is determined to be prudent in the judgment of the engineering geologist and geotechnical engineer. This measure is especially pertinent to grading associated with the proposed school sites near the Sherburne Hills Fault northeast of the project site boundary. (MM 10.3) 57.* Avoid landslide and colluvium areas. The project proponent shall ensure that the final grading plan avoids development on existing and active landslides, areas of thick �. colluvium, and zones where debris flows end, except. where those conditions have been repaired and stabilized consistent with Mitigation Measure 10.5. Debris flows located in designated open space, park, or golf course areas should be repaired if determined to be prudent in the judgement of the engineering geologist and geotechnical engineer, or these areas should be avoided and posted to limit public access to protect public safety. (MM 10.4) 58.* Stabilize landslide and colluvium areas. The project proponent shall ensure preparation of a final grading plan that would result in stabilizing landslide and colluvium areas. The following recommendations of the geotechnicai exploration report shall be imple- mented: A. Excavate unconsolidated and unstable earth material and colluvium subject to a landslide hazard down to bedrock and replace with compacted and engineered fill. B. Excavate keyways into firm and stable material and then backfill with compacted material. Appropriately engineered buttresses and retaining walls, debris benches, catchment and deflection structures, and surface, subsurface, and keyway drainage facilities should be constructed, where necessary, according to the specifications in the geotechnical report (ENGEO, 1992). *Mitigation Measures 16 C. Set back all permanent structures from the base of uphill slopes a distance equivalent to one-half the vertical slope height or a maximum of 15 feet. (MM 10.5) 59.* Stabilize expansive soils. The project proponent shall direct preparation of a final grading plan that would ensure stabilization of expansive and compressible soils. The following recommendations of the geotechnical exploration report shall be imple- mented. One or more of these shall be applied at the discretion of a geotechnical engineer: A. Install piers below the zone of moisture fluctuation and a grade beam foundation or a rigid mat foundation as appropriate, according to the design criteria contained in the geotechnical report (ENGEO, 1992). B. Use appropriate guidelines for slab-on-grade construction for secondary slabs, as established in the geotechnical report (ENGEO, 1992). C. Maintain moisture content of exposed soil by sprinkling for several days before foundation construction. D. Maintain special requirements for the compaction of expansive soils within the upper 5 feet in building areas to reduce the swell potential to acceptable values. Use the specifications contained in the geotechnical report (ENGEO, 1992). E. Chemically stabilize the expansive clay material under roadways or large building areas with lime. (Implementation of this measure is limited by the high lime content in the naturally occurring soil profiles.) F. Restrict post-construction moisture content of soil material under or near strut- tures by a combination of grading for proper drainage away from structures, installation of closed stormwater drains, construction of foundation subsurface drains and underfloor drains, allowance for crawl space ventilation, and emplacement of impermeable barriers. Apply techniques as appropriate, { according to the specifications in the geotechnical report (ENGEO, 1992). G. Require evaluation of xeriscaping in landscape design and maintenance to minimize increases in soil moisture caused by landscape irrigation. If deter- mined to be effective for these purposes, require or strongly encourage xeriscaping, where feasible. (MM 10.6) 60.* Control fill material and placement. The project proponent shall prepare a final grading plan that ensures control of fill material and placement. The following recommenda- tions of the geotechnical exploration report should be implemented; where necessary, an alternative method to reduce this impact: *Mitigation Measures 17 A. Fill materials shall be placed at a depth recommended by the geologic engineer, based on the expansion potential of the specific material being handled. B. Compact fill material to the minimum standards recommended in the geotechn- ical report (ENGEO, 1992). C. Reduce settlement potential by entirely removing alluvial and colluvial soil material from fill areas in excess of 15 feet in depth. D. Place a geo-grid isolation mat at a shallow depth within fill material, according to specifications in the geotechnical exploration report (ENGEO, 1992), where lateral deformation tolerance is low and such placement is judged advisable by the geotechnical engineer. E. Sub-excavate soil material and replace with engineered fill to achieve a fill thickness under individual buildings that will not exceed 10 feet. (MM 10.7) 61 .* Prepare an erosion control program. The project proponent shall direct preparation of an erosion control program to control short-term and long-term soil erosion and sedimentation in Coyote Creek and West Branch Alamo Creek. The erosion control program shall be prepared to meet the requirements of the Contra Costa County Public Works Department and all requirements of the County grading and erosion control ordinance and shall be approved by the County before commencement of grading. The erosion control program shall generally include the following elements, as required by the County: A. Goals for grading, stabilization, and revegetation consistent with the final grading concept plan. B. Species lists, planting density, and irrigation requirements for restored areas. C. Locations of all areas where vegetation will be removed. D. Methods to stabilize these areas. E. Locations of areas to be revegetated and types, quantities, and methods of seeding, mutating, planting, fertilizing, and irrigating planted areas. F. Methods to reduce run-off across cut-and-fill slopes and other graded areas. G. Location and function of sediment traps and debris basins, methods of using the proposed detention basins as sediment traps during construction, provisions for removing sediment after construction, disposal locations and provisions for long-term maintenance, location and type of temporary measures such as hay bales, earth berms, sand-bagging, or silt fences. *Mitigation Measures 18 H. A schedule for implementation so that all erosion control measures will be installed and maintained throughout the rainy season of each construction year. The erosion control plan shall also incorporate and implement the following recommen- dations of the geotechnical exploration report: A. Conduct grading and other land disturbance during the normal dry season from April 15 to October 15, to the fullest extent possible. B. Divert water from slopes at all times during grading and construction when there is a threat of heavy rainfall. C. Construct concrete or asphalt drainage facilities to divert surface water run-off from slopes with heights in excess of 30 feet. D. Control stream channel erosion by a combination of slope protection, removal of channel debris, rerouting and reshaping of the channel, and revegetation of stream banks. i E. Hydroseed and landscape graded slopes as soon as possible following completion of grading or prior to October 15 of the year grading is performed. Slopes should remain vegetated thereafter. F. Landscape with drought-tolerant vegetation with drip irrigation at a low frequency. (MM 10.8) 62.* Stockpile topsoil. The project proponent shall direct that the following procedures for stockpiling topsoil are incorporated into the final grading Ian (Mitigation Measure p 9 p p 9 9 P 9 I 10.1) and the ECRC (Mitigation Measure 10.8), and are implemented: i i A. Remove and stockpile the surface layer of soil (AP horizon) in all locations where this is feasible before mass grading begins. This soil shall be conserved and managed for future replacement on all landscaped and revegetated areas j after the completion of grading. The depth of the AP horizon is typically 5 inches for both the Diablo and Clear Lake soil series. The stockpiled surface soil material shall not be piled to a depth greater than 4 feet. If stock piled longer than six months, the surface soil material should be stockpiled for the minimum time feasible, but in any case, stockpiling duration shall not exceed 2 years. The stockpiled surface soil material should be replaced with a minimum of compaction, which is any case should not exceed the bulk density of the naturally occurring surface soil horizons. (MM 10.9) *Mitigation Measures 19 63. Design water storage tanks,water distribution lines,and -the wastewater collection line to resist potential damage. The project proponents under direction of EBMUD shall design all water and wastewater infrastructure based on a grading plan and engineering geotechnical study prepared as part of grading plans under Mitigation Measure 10.1 . The grading plan shall be reviewed and approved by the County Geologist or an engineering geologist acting on behalf of the County prior to the County's approval of the grading plan for the affected property. Design of water and wastewater infrastructure is also subject to review and approval by EBMUD and Central San. (MM 10.10) Visual 64.* Emulate existing landforms. The project proponents shall design final grading to emulate existing landforms in the immediate vicinity of the graded area. All engineered slope edges shall be rounded and slope percentages varied to create undulating natural- appearing cut-and-fill slopes throughout the project development. Slopes should average 3:1 horizontal to vertical, with no cut slope exceeding 2:1 and no fill slope exceeding 2:1 in steepness. The following guidelines shall be used in the project grading design: Cut: Slopes up to 4 feet = 2:1 maximum Slopes of 4 feet to 80 feet = 3.1 to 1 maximum Slopes > 80 feet = 3.25:1 maximum Fill. Slopes up to 8 feet = 2.1 maximum Slopes > 8 feet = 3:1 maximum Slopes for buttress fills up to 12 feet = 2.5:1 maximum. (MM 11 .1) 65.* Revegetate with native vegetation. The project proponent shall revegetate all finished graded slopes using species and patterns designed to emulate existing native vegetation patterns of the region. The revegetation program shall consider substantial tree planting on graded and slope areas where practical be designed by a qualified revegetation specialist and implemented as part of, or immediately following construction by project phase. Temporary construction slopes and other undeveloped graded areas should be seeded with a native grass and wildflower mix as specified by erosion control measures. (MM 11 .2) 66.* Minimize grading in drainage corridors. The project proponents shall minimize grading and alteration of existing landforms, creeks, and drainage elements for the golf course and other recreation areas and trails. The project proponents shall design the golf course to maintain all drainages as open drainages and use only small bridges and short culverts for pedestrian, cart path, and maintenance-vehicle crossings. (MM 11.3) *Mitigation Measures 20 67.* Use native-appearing construction materials and treatments. The project proponents shall stabilize creek banks and treat bridges and other improvements in the creek corridor and all recreation areas using native-appearing construction materials and treatments (e.g., wood, rocks, and textured patterned or earth-tone concrete) where feasible. (MM 11 .4) 68.* Screen development. The project proponents shall implement submitted landscape plans to screen residential development and other built facilities with berms and native vegetation- where development would be visually intrusive and incongruous with entrances into the project site. All landscape plans shall meet the requirements of the County Water Conservation Ordinance. This measure shall be implemented as part of, or immediately following construction; where feasible or practical. (MM 11 .5) 69.* Use low-glare earth-tone colors and materials. The project proponents shall ensure that only low-glare earth-tone colors are used as the primary color for all buildings, fencing, and other structures visible from adjacent residences, gateways, important viewing locations, and recreation areas and features. The project proponents shall design any signs, other than required traffic signs, to relate to the scale of surrounding uses and landscape; the signs shouldbe constructed of native-appearing materials and treatments (e.g., colored and textured concrete, patterned or native stone, or wood) and shall use only low-glare earth-tone or subdued colors. color and material boards. (MM 11.6) 70.* The project proponents shall setback all houses a minimum of 15 feet from the center of the rounded edge of a cut or fill slope or the rear property line (whichever is closer to the structure) where the structures are to be located above the slopes. For any detached housing unit with a rear yard on the golf course, off-street trails or open space, part of the rear yard setback can be 6 feet, provided that the average rear yard 1 setback is not less than 15 feet. Storage structures over 40 inches in height will not be allowed within the minimum rear setback area on dwellings abutting the golf course, trails, or open space and shall be submitted for review and approval of the Zoning Administrator prior to issuance of building permits.. (MM 1 1 .7) 71 .* Limit structure height. Structures shall be limited to 35 feet or less for all housing. The building height is defined as the distance between the average exterior grade elevation and the average roof height. (MM 11 .8) 72. The use of side-entry garages shall' be encouraged and frontage setbacks may be reduced to 15-feet at the discretion of the Zoning Administrator. 1 ! 73.* Preserve major ridgeline. No buildings or structures (including fencing walls or water tanks) shall be built in that portion of the southerly open space designated as a major ridgeline in the CCCGP and indicated on Figure 10-4. Development and management of the open space area should include provisions to protect this continuous unbroken ridgeline that can be viewed from project gateway areas, recreation areas, residences, and other important on-site or off-site locations. (MM 11 .9) *Mitigation Measures 21 74.* The project proponents shall design any permanent erosion control features (as may be required under Mitigation Measure 10-8) to conform with the existing topography, vegetative patterns, and colors of the area and screen these features with berms and native vegetation. Implementation of this measure should be incorporated into design of these facilities and shall be approved by the Community Development Department before the final engineering design plans for these facilities are approved by the Public Works Department of Flood Control District. (MM 11.10) 75.* Provide path setbacks. The project proponents shall provide a setback for all golf course roads/paths in creek corridors and establish and maintain a native vegetation buffer in the setback area between the creek and road. The setback would vary in width according to creek size and depth. (MM 1 1 .1 1) 76.* Retain native vegetation. The project proponents shall retain and revegetate with native vegetation existing drainage where feasible. Creek crossings for golf course roads/paths should be perpendicular and use bridges where feasible to avoid filling creek channels. The revegetation program shall be designed.by a qualified revegetation specialist implemented as part of or immediately following construction by the project phase and should be approved and monitored by the County as a condition of tentative map approval. (MM 1 1 .12) 77.* Establish a native vegetation buffer. The project proponents shall establish a native j vegetation buffer a minimum of 50 feet wide (average) between creek centerlines and recreation features (e.g., golf course facilities, tennis courts, and other active recreation features) for Coyote Creek throughout the project site. (MM 11 .13) 78.* Design creek crossings to reduce visual impacts. The project proponents shall design the Bollinger Canyon Road crossings of Coyote Creek and West Branch Alamo Creek as bridge structures or other alternative methods that avoid physical intrusion into the channel area. The design shall incorporate innovative techniques to retain, contour grade, drain, and revegetate the bridge abutment areas. The surface texture and color used in these bridge designs should implement Mitigation Measure 11.4. The bridges and transition design shall be approved by the Contra Costa County Public Works Department and Community Development Department. (MM 11 .14) 79.* Site water tanks to minimize visibility. If EBMUD requires additional water tanks in the locations indicated on Figure 10-9, the tanks shall be positioned to minimize their visibility from several directions by selecting specific site on the shoulder of hills or ridgelines and by using construction methods such as full or partial burial, construction j of berms, planting of native vegetative screens, and use of low-glare earth-tone colors that blend closely with the surroundings. Underground water distribution lines shall be extended to and from the tank sites using access. roads if feasible, rather than directly up natural slopes. This is not the responsibility of the project applicant. It is the responsibility of EBMUD. (MM 11 .15) *Mitigation Measures d ii 22 80.* Access roads shall be designed to minimize visibility and visual impacts of the access road(s) and maintenance roads at water tank sites by selecting routes that approach the site(s) from the direction of maximum tank visibility, and by minimizing road width and cut-and-fill requirements, revegetating disturbed areas with native vegetation, siting roads and varying their width to fit closely with the natural topography, designing road portions located high on hillsides to be 4% outsloping, with rolling dips and road portions located low on hillsides to be insloping with ditches and culverts. This is not the responsibility of the project applicant. It is the responsibility of EBMUD. (MM 1 1.16) 81.* Locate fire roads to minimize visibility. The project proponents shall locate fire roads in coordination with the local service provider in debris catchment basin areas or on the tops of buttress fill areas, as feasible, to further reduce the fire road visibility. (MM 11-17) 82.* Design fencing to minimize visibility. The project proponents shall use low fencing of welded wire mesh or barbed wire strand no higher than necessary to control stock and domestic animal access. (MM 11 .18) 83.* Design stormwater detention facilities to fit landform patterns. The project proponents j shall design stormwater detention facilities to fit the area's natural landform patterns j and be curvilinear in form and with undulating sideslopes averaging 3:1 or less in j steepness, use natural-appearing materials and colors for drainage facility structures, and screen all drainage facility structures from important viewpoints using native vegetation. (MM 11 .19) 84.* Minimize off-site night lighting visibility. The project proponents shall design lighting } for areas of concentrated night lighting, such as the club house, driving range, tennis courts, church, and parking lots,to minimize their off-site visibility by using downward- oriented high-pressure sodium lights and physical screening materials subject to approval of the Contra Costa County Community Development Department prior to issuance of site building permits. (MM 11.20) 85.* Use low-glare earth-tone colors. The project proponents shall ensure that only low- glare earth-tone colors are used as the primary color for all buildings, fencing, pavement, and other structures visible from adjacent residences, gateways, important viewing locations, and recreation areas and features, subject to approval of the Contra Costa County Community Development Department prior to issuance of site building permits. (MM 1 1 .21) 86.* Delineate no-grading zones. The project proponents shall for the duration of the construction operations, stake,flag, or fence off all areas not to be graded and prohibit any construction operations in areas determined to be non-grading zones. Temporary creek crossings for construction access should be minimized and should be located at focused and pre-approved crossing locations. All creek crossings shall be restored and *Mitigation Measures 23 enhanced to conditions specified in the restoration plan. Additionally, grading and alteration of existing landforms, creeks, and drainage Elements for the construction staging areas, borrow sites, and stockpiling areas shall be conducted at pre-approved areas and should not be located in the Coyote Creek channel preservation corridor, in the West Branch of Alamo Creek (Figure 3-5), or in open space areas. (MM 11 .22) 87.* Implement design guidelines. The project shall be designed to ensure that urban design, architecture, and landscape design features used in the designated scenic corridor compensate for alterations introduced by the project. Project design guidelines shall be implemented to provide standards for achieving attractive, high-quality urban development that will compensate for alterations and enhance the County-designated scenic route. The architectural design guidelines and final elevations, color and material boards shall be submitted to the City of San Ramon for review and comment, prior to their submittal to the County Zoning Administrator for review and approval. (MM 11 .23). Biological Resources 88.* Avoid adverse impacts on creek and wetland habitats. The project shall avoid adversely affecting creek or wetland habitat in open space and parks and recreation use areas to the fullest extent possible during final project planning by rerouting proposed trails and pathways and relocating proposed facilities outside wetland areas. The following guidelines are designed to protect wetlands and riparian areas during and after project construction: i A. Avoid placing recreational, utility, or support facilities in wetlands. B. Inform construction management and site staff of the importance of protecting I natural resources during construction. A qualified biologist shall perform this tasks. C. Prepare and implement a plan for temporary construction fencing sensitive natural resource areas, in consultation with a qualified biologist. Avoid construction activities near creek and wetland habitats during the breeding season (March 15 - July 15) to minimize disturbance of breeding wildlife. In general, construction within riparian habitats, along with a 150-foot buffer zone, should be prohibited during the breeding season (March 15 - July 1 5). D. Retain a qualified biologist to monitor construction activities throughout the duration of the project to ensure that no construction or staging activities damage sensitive areas. *Mitigation Measures 24 E. Place signs along trails and other recreational use areas that explain the value of and threats to riparian and wetland habitats provide information on species inhabiting the riparian habitats. Place signs along trails entering the riparian corridor, wetlands, and other open space areas requiring pets to be leashed. In addition to serving as an educational tool, the signs would help discourage human and domestic pet intrusion into riparian habitats and possibly lessen further impacts on the riparian habitats. F. The amount of light broadcast in the riparian area shall be restricting. The height of light fixtures along pathways (2 - 3 feet) and shield and direct lighting downward toward the path. Within the riparian area, the amount of light broadcasted shall be restricted by limiting the height of light fixtures along the pathways to 2 - 3 feet and shield and direct lighting downward toward the path.(MM 12.1) 89.* Minimize the creation of mosquito breeding conditions. The mosquito abatement district shall be included in wetland and riparian habitat restoration and enhancement planning. Recommendations from the abatement district will be used in wetland and riparian habitat design that will minimize the creation of mosquito breeding conditions and reduce the need for mosquito abatement activities. (MM 12.2) i 90.* Minimize the disturbance caused by mosquito abatement activities. The local mosquito abatement district shall minimize the disturbance caused by mosquito abatement activities in wetlands during periods of active wildlife breeding activities (March 15 - j July 15). If mosquito abatement is required during the breeding season, the mosquito abatement district should conduct a wildlife survey to determine if sensitive wildlife Species are present that could be disturbed (e.g., tri-colored blackbirds and other colony-nesting species). If sensitive wildlife species are present and mosquito abatement is necessary, the mosquito abatement district should contact DFG to determine the appropriate procedures. (MM 12.3) This is not the responsibility of the project applicant, but the responsibility of local Mosquito Abatement District. 91 .* Prevent or compensate for fill activities in jurisdictional wetlands. The project proponents shall prevent dredge or fill activities in jurisdictional wetland areas or l compensate for unavoidable loss of on-site freshwater marsh in consultation with DFG, USFWS, RWQCB, and the Army Corps as a condition of Section 404 permit. To determine the extent and location of areas under Section 404 jurisdiction, a qualified wetland specialist shall complete the Army Corps verification of a wetland delineation of the site.1 Areas determined to be jurisdictional wetlands or other waters of the United States should be protected from discharges of solid or liquid construction material by erecting barricades of hay bales, dikes, or silt fences upslope from the wetlands prior to construction. Proposed enhancement of riparian areas would provide some compensation for or elimination of impacts on wetlands; however, additional mitigation would likely be required to fully compensate for the loss of wetland habitat as a condition of a Section 404 permit. *Mitigation Measures 25 A qualified restoration ecologist shall be retained by the project proponent to develop and implement a wetland restoration plan in consultation with the Corps as a condition of a Section 404 permit. The plan shall specify the replacement acreage and values required to fully mitigate wetland impacts, including performance standards, length of monitoring, funding sources, timetable for implementation, locations and treatments prescribed for individual mitigation sites, and an assessment of expected results of treatments in meeting performance standards. The mitigation would be considered successful when acres and values have been replaced, the mitigation plantings no longer require active management, and the mitigation sites are protected in perpetuity. The following elements shall be included in the restoration plan: A. The location, treatment, type, and form of planting stock appropriate for the region and wetland type mitigated. B. Salvage plans for wetland vegetation that will be affected by development of a source of seed or other propagation stock. C. Revegetation sites within protected non-development buffer zones. D. Monitoring requirements (typically annual or semi-annual monitoring for 3 to 5 years) to ensure that plants have successfully established. E. Remedial measures, such as replanting, enhancement, and control of exotic species that could be employed to ensure success of the mitigation effort. The following elements shall also be included for loss of stock pond habitat: A qualified restoration ecologist shall develop a wetland mitigation plan in consultation with the Corps as a condition of a Section 404 permit that specifies the location, size, and habitat values of replacement stock ponds. Stock pond habitats would be considered successfully mitigated when the eliminated acreage has been replaced, similar ecological conditions such as emergent vegetation have successfully established in the replacement ponds, and replacement ponds no longer require active manage- ment. The following elements shall also be included for the loss of perennial and seasonal creeks: A. Determine appropriate compensation ratios and approaches in consultation with the Corps as a condition of a Section 404 permit. B. Assess the effectiveness of proposed creek enhancement in replacing lost functions and values. If additional mitigation is required to fully compensate for loss of perennial and seasonal creeks, identify revegetation sites within protected non-development buffer zones. *Mitigation Measures 26 C. Monitor plantings semi-annually for a minimum of 5 years to ensure that plants have successfully established. If establishment is unsuccessful, implement remedial measures, such as replanting, removal of escaped exotics, or enhancement of similar off-site occurrence. The Community Development Department shall ensure that the project proponents have complied with Section 404 of the Clean Water Act before issuing a grading permit. If the impact cannot be avoided, the project proponent shall fund preparation of a comprehensive wetland mitigation plan and begin implementation of the plan prior to construction. (MM 12.4) 92.* Expand and implement the creek revegetation plan. Implement Mitigation Measures 12.1 , 12.2, 12.3, and 12.4 and expand and implement the creek revegetation plan to include the loss of wetland habitat and riparian habitat along West Branch of Alamo Creek. Expansion and implementation of the creek revegetation plan (LSA Associates, 1992) shall be conducted to include the loss of these habitats associated with the realignment of Dougherty Road not included in the existing creek revegetation plan. (MM 12.5) 93.* Compensate for loss of willow riparian forest. If elimination of willow riparian forest is unavoidable, the project proponent shall replace lost trees by planting stem cuttings for each tree eliminated. Stem cuttings shall be planted prior to construction in open ( space areas or other places that will be protected from further impacts, including livestock grazing and subsequent recreational use of open space areas. Plantings shall be placed. as close as possible to the site of impact, and should be collected from trees on-site or in the immediate vicinity of the Dougherty Valley area. Plantings shall be monitored and maintained semi-annually by a qualified biologist or restoration specialist for a minimum of 5 years to ensure that the trees have successfully established. I Remedial measures such as replanting, installation of temporary enclosures, or irrigation should be employed if the plantings do not successfully establish during the monitoring period. Impacts on mature riparian forest would be considered successfully mitigated when plants are successfully established and no longer required active management (e.g., watering). (MM: 12.6) J 94.* Avoid any nesting burrowing owls. The following measures shall be implemented to determine if the owls nest on the project site, and if so, to determine what measures need to be undertaken to protect the owls from construction activities and mitigate for the loss of breeding and foraging habitat. If the owls are found to nest on the project site, nesting habitat may be created in the open space area or off the project site to 1 provide suitably protected burrows (possibly the land adjacent to and east of the ± Dougherty Valley area). The owls may move to this area on their own or they may be relocated if necessary. *Mitigation Measures 27 Before any project-related construction begins, the project proponent shall conduct surveys in accordance with DFG current protocol during winter and breeding season in the specific areas to be developed in the year that construction is planned to begin to determine owl numbers, locations, and breeding activities. If the owls do not remain on the project site during the breeding season, the following task need not be implemented. The project proponent shall conduct burrowing owl surveys prior to issuance of a grading permit affecting any grassland or alkali habitats. If the owls remain at the project site, the project proponent shall submit the survey results and a mitigation plan for DFG review and approval, and in consultation with DFG, agree to a combination of mitigation techniques to minimize the impacts. They may include: A. Artificial burrow creation. B. Owl relocation. C. Habitat acquisition or enhancement. If the owls are nesting on the project site and DFG recornmends additional measures, the project proponent shall follow DFG guidelines. If the owls are threatened by construction activities and other management options are not available, the owls may need to be captured and relocated to protected areas on the project site, such as in an open space area (level or nearly level grasslands) or off the project site. Relocation should be used only as a last resort. Relocating the owls would require a permit from and coordination with DFG. Throughout construction and the life of the project, no ground squirrel control programs will be permitted in the open space areas and mitigation areas. Ground squirrel control programs could kill burrowing owls or reduce nest burrow availability. (MM 12.7) 95.* Minimize golf course run-off into creek. The project proponent shall implement mitigation measures to limit golf course run-off into the creek. A. Maintain a general 50-foot buffer (average) on each side of Coyote Creek through the length of the golf course. B. Grading or irrigation in the buffer area should be permitted only with the approval of a revegetation specialist and the Community Development Department. C. Include native plants in the planting. *Mitigation Measures f 28 D. Control stormwater and irrigation run-off on-site by planting dense turf grass or hydroseeding grassy slopes. E. Develop retention basins in Coyote Creek to retain run-off. F. Grade slopes to direct run-off toward swales and away from the creek. G. Direct run-off with grassy swales into rough areas. H. Construct subsurface drains to collect excess water and direct it toward grassy swales. Prior to approval of the final map, the Community Development Department shall verify that the final grading and improvement plans for the proposed golf course are designed to minimize flow into the creek. (MM 12.8) 96.* Reduce grazing intensity on grasslands. The project proponent shall manage existing grasslands in the proposed open space areas and in adjoining property under its control to reduce overall grazing intensity at the site by meeting or exceeding minimum management recommendations for leaving residual dry matter (RDM), as described for annual grasslands in the U.S. Forest Service's Range Environmental Analysis Handbook. (MM 12.9) i E n-9Y 97.* Protect solar access. Each tentative map for residential development shall incorporate design features, wherever feasible, to protect solar access. l Tentative maps shall include the following elements: --A. Multi-family building envelope location and building height shall be varied to avoid excessive winter shading of south-facing facades, where feasible. B. Building envelope location or setback of single family homes shall be varied to avoid excessive winter shading of south-facing facades, where feasible. C. Include provisions of control landscaping, including the locations and types of vegetation existing or to be provided on the lots. For developer-installed landscaping (1) to allow solar gain in winter months, evergreen trees shall not i be located such that mature trees would significantly shade windows on the south side of a residence; (2) deciduous trees shall be planted as needed to provide shading within 5 years of east-, west-, and south-facing glazing. The same provisions would guide architectural review of landscape plans by homeowner associations. (MM 13.1) *Mitigation Measures 29 98.* Include passive solar design. The developer shall comply with the CEC energy budget limits for the project area by using current CEC prescriptive packages. The developer shall indicate which package (or performance standard calculation) is being used during the building department plan checking process. Encourage placement of windows and shading elements to take advantage of passive solar opportunities. (MM 13.2) 99.* Include fluorescent fixtures. In addition to the requirements for fluorescent lighting in kitchens and bathrooms as prescribes, regulated, and enforced by Title 24, all lighting fixtures in non-living spaces (i.e., closets, garages, utility rooms, or storerooms) shall accept fluorescent bulbs. This measure would not be included in the Title 24 compliance package for the home; it would be included as an additional conservation measure. Where appropriate, all homes shall initially be outfitted with fluorescent bulbs with color rendition similar to that of incandescent bulbs. This shall be verified before issuance of the occupancy permit. (MM 13.3) 100.* Further reduce project energy use. Water-heating energy use shall be reduced by employing high-efficiency furnaces for water heating with 5% higher efficiency than required by Title 24. Inclusion of this measure would not be part of Title 24 compliance but rather an additional conservation measures. (MM 13.4) 101 .* Heat all swimming pools built in the project area using solar heaters or initially equip pools with solar blankets. (MM 13.5) 102.* Provide all new homeowners with a copy of the Home Energy Manual, as currently required by Title 24. The Home Energy Manual (California Energy Commission, 1992) provides useful information to homeowners on a wide variety of energy-conserving features, designs, appliances, and practices. This manual shall be provided in the - home as is any other home or appliance warranty documentation. Compliance shall be verified by the County before issuance of occupancy permits. (MM 13.6) 103.* Provide electric vehicle charging facilities. The developer shall provide within the garage area of all project homes a separate electrical circuit for charging electric vehicles. 104.*,.Provide accommodations for public transit. Public transit service shall be extended as development of the project occurs. Furthermore, feeder bus service to the planned East Dublin/Pleasanton Bay Area Rapid Transit (BART) :station shall be provided as soon as the station is built. (MM 13.8) 105.* Provide accommodation for school bus service.. Neighborhood streets in the project area shall accommodate school bus service. School bus stops shall be placed along residential streets as specified by the SRVUSD, should the SRVUSD decide to extend to the project bus service to local elementary, junior high, and high schools. (MM 13.9) *Mitigation Measures 30 106.* Create bicycle and pedestrian routes. Pedestrian/bicycle path and trail connections between transit stops and residences shall be convenient and safe, to ow travelers to complete trips without using their automobiles. Bicycle routes shall be provided on all major streets in residential areas of the project development. Safe and convenient pedestrian access should be provided along these same routes. (MM 13.10) 107.* Provide and promulgate park-and-ride opportunities. Provision of park-and-ride facilities along major arterial streets to serve transit stops and to serve as meeting points for ride-sharing promotes a situation in which project commuters would be able to share public parking facilities for park-and-ride purposes. Because the project site is located at a major gateway to the Dougherty Valley, a shared park-and-ride lot shall be provided as part of the project. The project proponent shall designate a site to be used as a park-and-ride lot during the week. The project proponent shall ensure development and provision of the park-and- ride lot at the selected site. The project proponent shall also notify future residents of the project of the availability of the park-and-ride lot as part,of home sales disclosure documentation. Compliance shall be verified by the County. (MM 13.11) Affordable Housing 108. The applicant shall provide affordable housing consistent with the Dougherty Valley Affordable Housing Program, adopted by the Board of Supervisors on March 22, 1994 (or as may be amended). Cultural Resource 10- 9.* Monitor grading activities and inform the County Community Development Department if buried cultural resources are discovered. (MM 16.1) 1 10.*- Prepare and implement a detailed mitigation plan for any important archeological ... __. resources discovered on the project site. If archaeological resources discovered during implementation of Mitigation Measure 16.1 are determined by the County to be :j important, the project proponent shall prepare and implement a detailed mitigation plan that includes procedures for resource recovery, avoidance and preservation, or restoration, based on recommendations by a qualified archaeologist. The County Community Development Department shall review the detailed studies and recommen- dations and monitor their implementation prior to resumption of grading. (MM 16.2) ' Signage i 1 1 1 . Prior to issuance of a grading permit, submit for review and approval of the Community Development Department a sign program adhering to the following parameters: *Mitigation Measures 31 A. One major entry sign and related architectural landscape features at the Bollinger Canyon Road entrance. B. Neighborhood entry signs not to exceed 16 square feet. The signs shall be integrated with nearby wall or fence systems. C. Temporary marketing sign: One Neighborhood directional 6' X 6'6" One Neighborhood marketing 6' X 13' One Development marketing 7'6" X 16' One Model home sign 3' X 3' One Vehicular transportation directional sign 8' X 7" Landscaping 112. Open-fence walls with a solid lower portion no higher than 40-inches with grillwork or lattice work on top shall occur between private residential lots and the golf course. 113. Soundwalls located along Bollinger Canyon Road shall be submitted for review and approval of the zoning Administrator. The soundwalls shall be setback a minimum of 4 feet from back of sidewalk. The soundwalls shall be planted with vines or shrubbery. Submit for review and comment of City of San Ramon. 114. The landscape for the Bollinger Canyon Road entrance shall be modified to eliminate the turf and replace with drought-tolerant groundcover„ 115. Prior to issuance of a building permit, submit final designs and color samples for the clubhouse for review and approval of the Zoning Administrator. 1.16. Prior to issuance of a building permit, submit final designs, site plan, color samples and landscape plans comply with the County's Water Conservation Ordinance for review and approval of the Zoning Administrator. 1 17. Prior to filing the final map for the first phase, provide the placement and design of the golf ball net structures for review and approval of the Zoning Administrator. 1 18. Provide a bicycle/pedestrian trail of equal link to that of current EVA from lots 1013 to 1143 elsewhere in the subdivision, in consultation with Supervisor Bishop and review and approval of the County Zoning Administrator. 119. The final landscape plans shall consider incorporating innovative streetscape treatments, such as tree street wells. 32 120. Consideration shall be given to locating Lots 534-542, 976-981 , 985 and apartment units 848-885 and 840-847 further from Bollinger Canyon road after completion of the required noise study and refining of the grading plan after all modifications as required by the Conditions of Approval have been analyzed. 121 . Prior to issuance of a building permit, pay a per unit fee of $100.00 to fund the compliance monitoring programs. 122. Prior to filing the final map, the project proponent shall work with the County and City of San Ramon to establish a Community Facility fee to fund construction of a Community Center, Senior Center, Library and Police Substation. 123. The applicant shall bond with Contra Costa County off-site parkland (preferably the two school sites east and adjacent to Country Club at Gale Ranch) to provide a minimum of 6.5 acres per 1 ,000 population. The project proponent shall work with Contra Costa County and the City of San Ramon to facilitate annexation of the school sites into an appropriate water district and wastewater district. 124. Prior to filing the final map for the first phase, establish a county service area or other appropriate vehicle for funding the operation and maintenance of the project area. Road and Drainage Considerations 125. A. General Requirements 1) In accordance with Section 92-2.006 of the Ordinance Code, this subdivision shall conform to all applicable provisions of the Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. The drainage, road and utility improvements outlined below shall require the review and approval of the Public Works Department and are based on the Tentative Map dated April 19, 1993. 2) Improvement plans prepared by a registered civil engineer shall be submitted to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the Transportation Engineering Division. 3) An encroachment permit from Caltrans for construction within the State right of way shall be obtained from Caltrans through the Public Works Department, Engineering Services Division. An encroachment permit from San Ramon is required for work in the City. 33 4) Several of the public roadway improvements identified in the conditions of approval are located in the City of San Ramon. For purposes of implementation of those public roadway improvements which are solely within the jurisdiction of the City of San Ramon, the City shall assume the role and responsibilities of responsible agency. The City of San Ramon will be assigned primary responsibility and authority for the design, phasing and implementation of those public roadway improve- ments identified as Conditions of Approval for the Country club at Gale Ranch project, which are solely within the City's jurisdiction. To fund those public roadway improvements in the City of San Ramon, as specified in these Conditions of Approval, the County will collect traffic impact fees in the amounts specified in the City of San Ramon's traffic impact mitigation fee ordinance, as; defined in Resolution No. 93- 23 of the City of San Ramon. These fees amount to $2,178 per single family detached dwelling unit, $1,222. per single family attached townhouse or condominium dwelling unit, and $1 ,466 per apartment dwelling unit. These traffic impact fetes collected by the County pursuant to this Condition of Approval shall be transferred to the City of San Ramon on a quarterly basis. Some of the public roadway improvements identified in the conditions of approval are located in the Town of Danville. For purposes of implementation of those public roadway improvements which are solely within the jurisdiction of the Town of Danville, the Town shall assume the role and responsibilities of responsible agency. The Town of Danville will be assigned primary responsibility and authority for the design, phasing and implementation of those public roadway improve- ments identified as Conditions of Approval for the Country Club at Gale Ranch project, which are solely within the Town's jurisdiction. To fund those public roadway improvements in the Town of Danville, as specified in these Conditions of Approval, the County will collect an $89 per unit traffic impact fee. Traffic impact fees collected by the County pursuant to this Condition of Approval shall be transferred to the Town of Danville on a quarterly basis. The fee amounts described above for the City and Town shall be adjusted annually for inflation in accordance with the construction cost and index for the San Francisco Bay Area as published in the Engineer- ing News Record with 1994 as the base year. The timing of when a project is needed is determined by Measure C and these conditions of approval. If the responsible agency has not collected sufficient developer fees to fund an improvement when it is needed, then the developer would have to fund the difference, or construct the improvement, to ensure the improvement is built on time. 34 The developer would then be fronting part of the construction costs which would be eligible for reimbursement from future fees. The developer and the responsible agency shall enter into a reimbursement agreement to reimburse the developer the eligible construction costs that were advanced to build the project. Prior to filing the first final map for the Country Club at the Gale Ranch project, the County shall enter into an agreement with San Ramon and Danville to authorize the collection and transfer of fees and to ensure that the fees will be held in a separate trust account, that the fees will used only on the mitigation measures required of this development, and that the improvements will be done when needed to satisfy Measure C. The County has an Area of Benefit program to ensure that development projects pay their share of subregional transportation improvements. The EIR and conditions of approval for the Country Club at Gale Ranch project have identifiedand required mitigation for all of the projects subregional impacts. Constructing the improvements and paying the fees identified in these conditions will satisfy this developments obligation under the County's Area of Benefit program. B. Public Roadway Improvements (Frontage) The applicant shall construct Bollinger Canyon Road through the proposed subdivision site per the detail shown on vesting tentative map 7796 except that the right of way shall be 186 feet wide. C. Public Roadway Improvements (On-Site) With the exception of the private roads which service the multiple-family units, construct the on-site road system to County public road standards, and in accordance with standard engineering practices and convey to the County, by Offer of Dedication, the corresponding right of way. Engineering for on-site roadways shall include a requirement for a geotechnical report for the soil condition within road alignments. The roadway improvement plans shall include a statement that the design is in accordance with the recommendations of the geotechnical report and shall be signed by a geotechnical engineer. D. Public Roadway Improvements (Off-Site * NOTE: Conditions of approval marked with an asterisk (*) are proposed to be included in a Joint Exercise of Powers Agreement (JEPA) or a similar agreement which identifies a traffic fee amount and fee allocation to fund those traffic improvements identified in the Settlement Agree- ment. If a JEPA is approved which includes those improvements, the conditions of approval shall be considered satisfied by payment of the associated fee. Payment of a fee to San Ramon and Danville shall satisfy the conditions of approval for any project the fee is funding. 35 Contribute the project's fair share to a road improvement fee trust (Fund No. 819200-0800) designated for improvements to the intersections and road segments listed below. The agency responsible for implementation of the improvement is also shown on each condition. The fair share amount shall be calculated using the following formula depending if the project is on the C-1 or C-2 list of the Settlement Agreement. All projects listed in exhibit C-1 of the Settlement Agreement are to be fully funded by the Dougherty Valley Specific Plan Area projects (approximately 8,500 units). The Country Club at Gale Ranch project shall be responsible for their proportionate share of these projects. This is determined as follows: Fair share (%) = [1,216 (units in G.R.)/8,500 (units in D.V.)]*100% =14.3%total project cost G.R. = Gale Ranch D.V. = Dougherty Valley Projects listed in Exhibit C-2 of the Settlement Agreement are to be funded by development inside and outside of Dougherty Valley. The Dougherty Valley share (the impact of 8,500 units) will be a percentage of the total project cost. The Country Club at Gale Ranch development will be responsible for 14.3% of the Dougherty Valley share of the project costs. The fair share amount of the project cost for Dougherty Valley (8,500 units) was determined based on the Dougherty Valley impact divided by the impact of the cumulative future development on the subject intersection or road segment. This fair share amount is based upon the South County Traffic Study performed for the Settlement Agreement and shall be calculated using the following formula: Project share (%) =[(z-y)/(z-x)]*100% where: x = Intersection or road segment V/C with no growth (baseline condition) y = Intersection or road segment V/C in 2000 without project z = Intersection or road segment V/C .in 2000 with project V/C = Volume to Capacity Ratio for the intersection or road segment The improvements which require the applicant's contributions are as follows: 1) Camino Tassajara/Crow Canyon Road/Blackhawk Road intersection improvements. Within existing curb-to-curb pavement section, reconfigure NB approach (Crow Canyon Road) to provide two left-turn lanes, one exclusive through lane, one shared through/right-turn lane, 36 and one exclusive right-turn lane. On Tassajara Ranch Drive, remove median and add bike lanes. (Settlement Agreement Exhibit C-1 .1 , responsible party is Danville, funding source is Town of Danville Fee.)* 2) Sycamore Valley Road/1-680 NB on-ramp/Camino Ramon intersection improvements. Reconfigure WB approach (Sycamore Valley Road) to provide one exclusive left-turn lane, one exclusive through lane, one shared through/right-turn lane, and one exclusive right-turn lane. (Settlement Agreement Exhibit C-1.2, responsible party is Danville, funding source is Town of Danville fee.)* 3) Crow Canyon Road/Dougherty Road intersection improvements. Reconfigure EB approach (Crow Canyon Road)to provide three exclusive through lanes, and one "free" right-turn lane to SB Dougherty Road. Reconstruct SB Dougherty Road, south of Crow Canyon Road, to provide dedicated curb lane to accept right-turns from EB Crow Canyon Road. (Settlement Agreement Exhibit C-1 .3,developer responsible for construction and funding.)* 4) Bollinger Canyon Road/Camino Ramon intersection improvements. If needed, reconfigure SB approach (Camino Ramon) to provide two exclusive left-turn lanes, one shared through/right turn lane, and one exclusive right-turn lane. (Settlement Agreement Exhibit C-1 .4, responsible party is San Ramon, funding source is City of San Ramon fee.) 5) Bollinger Canyon Road/Alcosta Boulevard intersection improvements. a. Reconfigure EB approach (Bollinger Canyon Road) to provide one exclusive left-turn lane, three exclusive through lanes, and one exclusive right turn lane. Reconfigure SB approach (Alcosta Boulevard) to provide one exclusive left-turn lane, two exclusive through lanes, and one exclusive right-turn lane. These improve- ments include the entire intersection up to the east end of the curb returns on Bollinger Canyon Road east of Alcosta Boulevard. (Responsible party is San Ramon, funding source is City of San Ramon fee.) b. Reconfigure WB approach (Bollinger Canyon Road) to provide one exclusive left turn lane, three exclusive through lanes, and one exclusive right turn lane. Widen Bollinger Canyon Road, east of Alcosta Boulevard, to provide three through lanes, plus turn lanes as needed, in EB and WB directions from Alcosta Boulevard to project limits. Construct traffic signal at Canyon Lakes Drive (developer is responsible for construction and funding). (Settlement Agreement Exhibit C-1 .5)*(EIR mitigation measure 6.18 and 6.19) 37 6) Dougherty Road, re-alignment and construction of a six lane facility between the northerly project limits and Crow Canyon Road. (Settle- ment Agreement C-1.6, developer responsible for construction and funding.)* a 7) Windemere Parkway/Camino Tassajara Road intersection improvements. a. Provide left turn channelization, a four phase traffic signal, and tapers on Camino Tassajara to transition from six to four lanes north of the intersection. (Settlement Agreement Exhibit C-1 .8, EIR Mitigation Measure 6.17, developer responsible for construc- tion and funding.)* b. Provide a "free" eastbound right turn lane with sufficient acceleration in the southbound direction. (EIR Mitigation Measure 6.17, developer responsible for construction and funding.) 8) Crow Canyon Road, widen to six lanes between Dougherty Road and Tassajara Ranch Road. (Settlement Agreement Exhibit C-1 .9, developer responsible for construction and funding.)* 9) Crow Canyon Road a. Widen Crow Canyon Road from 4 to 6 lanes from Alcosta { Boulevard to the western boundary of the West Branch develop- ment, approximately 1,800 feet west of Dougherty Road. (Responsible party is San Ramon, funding source is City of San Ramon fee.) b. Widen Crow Canyon Road from 4 to 6 lanes from Dougherty Road to the western boundary of the West Branch development, a distance of approximately 1 ,800 feet. (Developer is responsi- ble for construction and funding.) (Settlement Agreement Exhibit C-1 .10)* 10) Dougherty Road, widen to 6 lanes from southerly limits of the Gale Ranch property to Old Ranch Road a distance of approximately one half mile. Intersection improvements at the Dougherty Road/Old Ranch Road u. intersection are included and consist of a traffic signal, left turn pockets, and right-turn pockets. (Settlement Agreement Exhibit C-1 .11 , responsible party is San Ramon, funding source is City of San Ramon fee.)* 1 1) Dougherty Road, widen to 6 lanes from Old Ranch Road to the County line. (Settlement Agreement Exhibit C-1 .12, responsible party is San Ramon, funding source is City of San Ramon fee.)* 38 12) Dougherty Road/Old Ranch Road, intersection improvements to accom- modate four lanes on Old Ranch Road and six lanes on Dougherty Road, with left turn and right turn channelization. Install a traffic signal. (Settlement Agreement Exhibit C-1 .13, responsible party is San Ramon, 1 funding source is City of San Ramon fee.)* 13) Alcosta Boulevard/Old Ranch Road intersection improvements(currently, controlled by a three-way stop sign). Install a traffic signal. (Settlement Agreement Exhibit C-1.14, responsible party is San Ramon, funding source is City of San Ramon fee.)* 14) Bollinger Canyon Road, construct eight lanes from 1-680 to Alcosta Boulevard. (Settlement Agreement Exhibit C-2.1 , responsible party is San Ramon, funding source is City of San Ramon fee.)* 15) Camino Tassajara Road, widen from two to six lanes between Winde- mere Parkway and the County line. (Settlement Agreement Exhibit C- 2.2, responsible party is County, funding source is County fee and County.)* 16) Camino Tassajara/Sycamore Valley Road intersection improvements, widen/restripe SB leg of one left-turn/right-turn lane and one left-turn lane. (Settlement Agreement Exhibit C-2.3, responsible party is Danville, funding source is Town of Danville fee.)* 17) Crow Canyon road, widen from 6 to 8 lanes from 1-680 to Alcosta Boulevard. (Settlement Agreement Exhibit C-2.4, responsible party is San Ramon, funding source is City of San Ramon fee.)* l 18) 1-680 northbound off-ramp/Bollinger Canyon Road intersection. On northbound leg, widen right-turn radius, construct raised island to convert curb right-turn lane to a free right-turn lane, restripe second right-turn lane to stay under signal control, and modify signal control. (Settlement Agreement Exhibit C-2.5, responsible party is San Ramon, funding source is City of San Ramon fee.)* 19) Alcosta Boulevard/Crow Canyon Road intersection improvements. Add one exclusive right turn eastbound. (Settlement Agreement Exhibit C- 2.6, responsible party is San Ramon, funding source is City of San I Ramon fee.)* it 20) Alcosta Boulevard/Crow Canyon Road intersection improvements. Add one northbound exclusive right-turn lane. (Settlement Agreement Exhibit C-2.7, responsible party is San Ramon, funding source is City of San Ramon fee.)* 39 21) Camino Ramon/Crow Canyon Road intersection improvements. Widen/restripe the southbound approach to one right-turn, one through, and one left-turn lane; add an eastbound exclusive right-turn lane. (Settlement Agreement Exhibit C-2.8, responsible party is San Ramon, funding source is City of San Ramon fee.)* 22) Crow Canyon Road/1-680 NB off-ramp intersection improvements. Intersection will be congested due to queues from adjacent inter- sections. Add another right-turn lane on the northbound off-ramp. (Settlement Agreement Exhibit c-2.9, responsible party is San Ramon, funding source is City of San Ramon fee.)* 23) 1-680 southbound ramps/Crow Canyon Road. Restripe to revise existing right-turn lane to provide shared right-turn/left-turn lane. (Settlement Agreement Exhibit C-2.10, responsible party is San Ramon, funding source is City of San Ramon fee.)* 24) Bollinger Canyon Road/Sunset Drive intersection improvements. If needed, reconfigure the southbound approach (Sunset Drive) to provide one exclusive left-turn lane, one exclusive through lane, and one "free" right-turn lane to westbound Bollinger Canyon Road. Widen Bollinger Canyon Road west of Sunset Drive to provide a dedicated curb lane to accept right turns from southbound Sunset Drive. (Settlement Agree- ment Exhibit C-2.1 1, responsible party is San Ramon, funding source is City of San Ramon funding fee.) 3 25) Crow Canyon Road, Camino Tassajara and Sycamore Valley Road. Provide for pavement overlays of these roads between the Dougherty Valley project and 1-680. (Settlement Agreement Exhibit C-2.13, responsible party is Danville, funding sources is Town of Danville funding fee.) E. Roadway Improvements (Off-site EIR Mitigation Measures This project shall comply with the mitigation measures set forth in the project environmental impact report. If a JEPA or similar agreement is approved which identifies a traffic fee amount and fee allocations for any of the improvements which require payment of a fair share cost, the conditions of approval shall be considered satisfied by payment of the associated fee. Payment of a fee to San Ramon or Danville shall satisfy the condition of approval for any project the fee is funding, if the condition requires a payment of a fair share amount of the improvement costs. Conditions of approval which are in bold type are to be constructed as a part of this project. The agency responsible for implementation and the funding source for that project is also shown for each condition. ' 1 40 Some of the conditions listed below which are mitigations to cumulative impacts as determined by the EIR require a fair share contribution toward the construction of the mitigating improvements. The fair share amount shall be determined based on the project impact divided by the impact of the cumulative future development on the subject intersection or road segment. The fair share amounts for each of these improvements was based upon the following formula, however, most of the actual share amounts were determined in consultation with the Town, City, and County. Project share (%) =[(z-y)/(z-x)]*100% where: x = Intersection or road segment V/C in 1993 y = Intersection or road segment V/C in 2000 without project z = Intersection or road segment V/C in 2000 with project V/C = Volume to Capacity Ratio for the intersection or road segment Conformance with the EIR includes the following: 1) Contribute the project's fair share to a road improvement fee trust (Fund No. 819200-0800) designated for the restriping of the southbound approach to provide one exclusive right-turn lane, one through-lane, and one exclusive left-turn lane at the Camino Ramon/Crow Canyon Road intersection. (EIR mitigation measure 6.1, responsible party is San Ramon, funding source is City of San Ramon fee.) i 2) Construct an exclusive westbound right turn lane at the Camino Ramon/Bollinger Canyon Road intersection when required by the City of San Ramon. (EIR mitigation measure 6.2, responsible party is San Ramon, funding source is City of San Ramon fee.) 3) Contribute fees equal to the full cost of the construction of a third east bound and west bound through lane at the Alcosta Boulevard/Bollinger Canyon Road intersection. Timing of these improvements will be established by the City of San Ramon. The project proponent may construct the improvements in lieu of a fee contribution for this intersection. (EIR mitigation measure 6.3, responsible parties are San Ramon and the developer, funding source is City of San Ramon fee and developer construction.) 41 4) Prior to the issuance of the 500th building permit for the project, construct an additional north bound through lane at the Dougherty Valley Road/Bollinger Canyon Road intersection. (EIR mitigation measure 6.4, responsible party is developer, funding source is developer.) 5) Contribute the project's fair share to a road improvement fee trust (Fund Nol 819200-0800) designated for the widening of the 1-680 northbound on-ramp at Bollinger Canyon Road to two lanes and to add an auxiliary lane on 1-680 between Bollinger Canyon Road and Crow Canyon Road. Should this project be fully funded with Federal or other funds this condition shall be waived. (EIR mitigation measure 6.6, responsible party is County, funding source is County fee.) 6) Prior to the issuance of the 100th building permit, coordinate with the City of San Ramon to install a traffic signal at the Alcosta Boule- vard/Montevideo Drive. (EIR mitigation measure 6.7, responsible party is San Ramon, funding source is City of San Ramon fee.) 7) " Contribute the project's fair share to a road improvement fee trust (Fund No. 819200-0800) designated for the installation of a traffic signal at the intersection of Dougherty Road and Old Ranch Road. (EIR mitigation measure 6.8, responsible party is San Ramon, funding source is City of San Ramon fee.) 8) Install traffic signals at the intersections of Dougherty Road and Bollinger Canyon Road (North). Traffic signals shall be installed by the property owner/developer at the intersections listed below as the roadways are constructed, with the approval of the affected jurisdictions. The intersections are as follows: Dougherty Road at Bollinger Canyon Road (South), Bollinger Canyon Road north of East Branch Road, Tassajara Road at Fallon Extension, Bollinger Canyon Road at East Branch Road, Bollinger Canyon Road south of East Branch road, Bollinger Canyon Road at Windemere Parkway and Camino Tassajara at Windemere Parkway. (EIR mitigation measure 6.8, developer is responsible for construction and funding.) 42 9) Install traffic signals at the intersection of Bollinger Canyon Road with Chanterella Drive (EIR mitigation measure 6.9, developer is responsible for construction and funding.) 10) Install a traffic signal at the Bollinger Canyon Road intersection with Gale Ridge Road. (EIR mitigation measure 6.9, developer is responsible for construction and funding.) 1 1) Provide for adequate sight distance at the intersection of all internal streets of the subdivision and through all horizontal and vertical curves at appropriate design speeds in accordance with Cal Trans Standards. (EIR mitigation measure 6.10.) 12) Provide at least the minimum number of accessible parking spaces for the golf course required by the Americans with Disabilities Act and State of California Standards. (EIR mitigation measure 6.11.) 13) Contribute $700,000 lump sum plus $203 per unit to the road improve- ment fee trust (Fund No. 819200-0800) as this project's share of the surface improvements and safety improvements to existing Dougherty Road within the unincorporated County. The County shall perform the necessary road surface and safety improvements; however,with mutual consent between the applicant and the County, the applicant may construct the subject improvements. If the applicant performs these improvements, then the cost of work performed on Dougherty Road will be creditable toward the above fee. Improvements to Dougherty Road, within the boundary of the Gale Ranch property, shall include a surface treatment. In addition, the road section at the sharp curve north of the existing bridge and the steep vertical curve south of the future intersec- tion of Dougherty Road and Bollinger Canyon Road (northern intersec- tion) shall be widened and additional signing and striping provided to enhance vehicular safety in those two areas. At least six months prior to the filing of the final map for the first phase of the project, deposit $100,000 with the Public Works Department (Trust Fund No. 819200-0800). The County will use these funds to design the safety improvements on Dougherty Road. Prior to the filing of the final map for the first phase, deposit $600,000, which is the remaining balance of the $700,000, with the Public Works Department (Trust Fund No. 819200-0800). The County will use these funds to construct the safety improvements and install a surface treatment on 43 Dougherty Road within 18 months of the deposit. Prior to the filing of the final map for each phase, the County will perform an analysis of Dougherty Road to determine if additional safety or surface improve- ments are needed. (EIR Mitigation Measure 6.12, responsible party is County, funding source is County fee and County.) 14) Provide curb ramps at all intersections and cross walks at the proposed intersections of Bollinger Canyon Road with Chanterella Drive and Gale Ridge Road. (EIR mitigation measure 6.13) 15) Provide an additional connection through the proposed school site on the north side of the project linking the bike lanes on Lilac Ridge Road to the bike trail which is proposed along the west branch of Alamo Creek. (EIR mitigation measure 6.14) 16) Provide a separate bike path or striped bike lanes on Shoreline Drive between Lilac Ridge Road and Crow Canyon Road to accommodate bicycle traffic to and from the elementary school north of the project site, if the right of way becomes available. (EIR mitigation measure 6.14) 17) Contribute the project's fair share to a road improvement fee trust (Fund No. 819200-0800) designated for the addition of an exclusive right turn lane on Amador Valley Boulevard at the Dougherty Valley Road/Amador Valley Boulevard intersection. (EIR mitigation measure 6.15, responsible party is the Dublin, funding source is City of Dublin fee.) 18) The cumulative roadway network shall be modified to incorporate new collector streets to supplement the operation of arterial streets in Dougherty Valley area. The collectors would include a connection of Dougherty Road to new development north of Bollinger Canyon Road, provide a second access route to this development and reduce volume at the Dougherty Road/Bollinger Canyon Road intersection. These new collectors shall be developed to meet County General Plan requirements and shall include a connection from Dougherty Road north of Bollinger Canyon Road to Bollinger Canyon Road east of Dougherty Road. 44 Satisfaction of this condition would include the following: constructing North Gale Ridge Road as a collector street per the typical section shown on the tentative map. North Gale Ridge Road shall have no homes fronting on it and shall extend to Dougherty Road with a future phase of development. Lilac Ridge Road shall be developed as a collector street from Lantana Way to North Gale Ridge Road. Most of this portion of Lilac Ridge Road will be constructed with a future phase of development. The lot layout on Sweetgale Drive between Chanterella Drive and Lilac Ridge Road South shall be revised to address the high volume of traffic on this section of road. Any modifications to the lot layout of the tentative map as a result of the above changes, shall be subjectto review and comments by the San Ramon Valley Regional Planning Commission and reviewed and approved by the Zoning Administrator. (EIR mitigation measure 6.16) 20) Contribute the project's fair share to a road improvement fee trust (Fund No. 819200-0800) designated for the addition of a third through lane to the east and west bound approaches of the Alcosta Boule- vard/Bollinger Canyon Road intersection. The fair share amount shall be as determined by the settlement agreement. (EIR mitigation measure 6.18, responsible parties are San Ramon and the developer, funding source is City of San Ramon fee and developer contribution.) 21) Contribute the project's fair share to a road improvement fee trust (Fund No. 819-200-0800) designated for the widening of Bollinger Canyon Road to six lanes between Alcosta Boulevard and Canyon Lakes Drive, including consequent improvements to the intersections. The fair share amount shall be as determined by the settlement agreement. (EIR mitigation measure 6.19, developer is responsible for construction and funding.) 22) Review the timing pattern for the control of the Bollinger Canyon Road/1- 680 southbound off-ramp intersection and provide an "all red" clearance for traffic on Bollinger Canyon Road if one is not already provided. Install a "programmed visibility" head on the westbound approach to the San Ramon Valley Boulevard intersection, if necessary. These improve- ments may be modified to an equivalent improvement, or the scope of improvements reduced, by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.21 , responsible party is San Ramon, funding source is City of San Ramon fee.) 45 23) Review the timing patterns at the Crow Canyon Road/Crow Canyon Place intersection and increase the yellow time or "all red" clearance interval for Crow Canyon Road traffic as appropriate. Install Type-40 guide stripes through the intersection for east and north bound dual left turn lanes per Cal Trans Traffic Manual standards. These improvements may be modified to an equivalent improvernent, or the scope of improve- ments reduced, by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.22, responsible party is San Ramon, funding source is San Ramon fee.) 24) Install Type-40 guide stripes for northbound and southbound traffic at the intersection of Alcosta Boulevard and Bollinger Canyon Road. The guide stripes shall be installed with the recommended improvements in Mitigation Measure 6.18. These improvements may be modified to an equivalent improvement, or the scope of improvements reduced, by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.23, responsible party is San Ramon, funding source is San Ramon fee.) 25) Contribute the project's fair share to a road improvement fee trust (Fund No. 819200-0800) designated for the lengthening of left turn lane from Crow Canyon Road to Alcosta Boulevard and the installation of Type-40 guide stripes for the northbound and westbound turn lanes at the intersection of Crow Canyon Road and Alcosta Boulevard. These improvements may be modified to an equivalent improvement, or the scope of improvements reduced, by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.24, responsible; party is San Ramon, funding source is San Ramon fee.) 26) Contribute the project's fair share to a road improvement fee trust (Fund No. 819200-0800) designated for the installation of Type-40 guide stripes through Crow Canyon Road/Camino Ramon intersection for the north bound to west bound left turn lanes. These improvements may be modified to an equivalent improvement, or the scope of improve- ments reduced, by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.25, responsible party is San Ramon, funding source is San Ramon fee.) 46 F. EIR Mitigation Measures Reouiring Jurisdictional Participation 1) The following routes of regional significance shall be established pursuant to procedures established by the Contra Costa Transportation Authority: Bollinger Canyon Road between Alcosta Boulevard and Dougherty Valley Road, and Dougherty Road between the County line and Crow Canyon Road. Appropriate Traffic Service Objectives shall be established in lieu of the Measure C 1988 level of service standards for basic routes. (EIR mitigation measure 6.20) 2) Adopt a Tri-Valley Transportation Plan. The applicant shall participate in the implementation of a Tri-Valley Transportation Plan that addresses traffic impact of cumulative growth on regional facilities in the Tri-Valley area including Dougherty Road and 1-580 in Alameda County. (EIR mitigation measure 6.32) G. Road Alignment (Horizontal and Vertical Sight Distance/Grades 1) In accordance with CALTRANS standards provide for adequate sight distance at all internal public intersections for a design speed of 30 miles per hour. 2) In accordance with CALTRANS standards provide for adequate sight distance at the subdivision access intersections with Bollinger Canyon road for a design speed of 55 miles per hour. H. Private Roads (Multi-family) Applicant shall construct to County private road standards the paved private roadways as shown on the tentative map to a minimum width of 28 feet to serve all multiple family units in the proposed subdivision. I. Road Dedications The applicant shall convey by Offer of Dedication a minimum of 186 feet of right of way on Bollinger Canyon Road through the proposed project. (EIR mitigation measure 6.33) J. Street Lights Street lights shall be installed on all internal public streets and along the project frontage and the property annexed to County Service Area L-100 for mainte- nance of the street lighting. The final number and location of the lights shall be determined by the Public Works Department, Engineering Services Division. 47 Application for annexation to CSA L-100 Lighting District shall be submitted prior to filing of the Final Map. Alternatively, the applicant may establish a county service area (CSA) or other appropriate entity to fund the maintenance of the street lights. K. Landscagina 1) Permanent landscaping and automatic irrigation facilities shall be installed within the parkway and median areas, and interim landscaping features shall be installed within the future road and transit areas. All work shall be done in accordance with the guidelines and standards of the County. Funding of, and maintenance of, the new plantings shall be guaranteed by the developer until the plants have been established and until funds are available through a landscaping district. The plants shall be maintained for 90 days after installation. 2) Prior to filing the final map, two sets of landscape and irrigation plans and cost estimates, prepared by a licensed landscape architect, shall be submitted to the Special District Section of the Public Works Depart- ment for review. Plan submittal shall include plan review and inspection fees. Types and size of plant and irrigation materials within the public right of way shall be designed using standards provided by the Grounds Service Manager of the General Services Department. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their maintenance by the County after final inspection is cleared. 3) Prior to filing the final map, the applicant shall apply to the Public Works Department for annexation to the County Landscaping District AD 1979-3 (LL-2) for the future maintenance of landscaping and irrigation facilities in median islands, parkways and other areas ("open space" is specifically excluded). Alternatively, the applicant may establish a county service area or other appropriate entity to maintain the land- scaping. L. Bicycle - Pedestrian Facilities 1) The design of community facilities, such as a clubhouse or a community park, shall provide for and encourage the use of bicycles. At a minimum this shall include bicycle racks and bicycle lockers. Because the risk of theft at the clubhouse is less of a concern, the need for bicycle lockers can be monitored with the TDM program and the locker installed as they are needed. 2) All trail and golf cart crossings of public roads shall be designed for proper stopping sight distance and signed subject to the review and approval of the Public Works Department, Engineering Services Division. 48 3) All public pedestrian facilities and access ways shall be designed in accordance with Title 24 (Handicap access) and the Americans with i Disabilities Act. This shall include all sidewalks, paths, trails, driveway depressions, as well as handicap ramps. i M. Transit 1) Applicant shall provide for future transit by constructing bus turnouts on Bollinger Canyon Road and on internal streets at appropriate locations. The location of the turnouts shall be subject to the review and approval of the appropriate transit authority. Sufficient monies shall be depos- ited, as determined by the transit authority, for bus stop shelters and bicycle racks to be installed by the authority once regular transit service to the area begins. The deposit of monies for the bus stop facilities shall be made with the filing of each final map that constructs a bus turnout. Alternatively,the applicant may construct the bus stop shelters and bicycle racks after their design and location are approved by the transit agency. 1 2) Applicant shall provide a park-and-ride lot within the parking area for the proposed clubhouse or an acceptable alternative, subject to the review of the Public Works Department, and the review and approval of the Zoning Administrator. The park-and-ride lot shall have a capacity of 36 spaces. Adequate parking shall be provided for the combined use of the park-and-ride lot and the complex. Bicycle racks and lockers shall also be provided. The design of the park-and-ride portion of the parking lot, including bicycle racks and lockers, shall be subject to the review and approval of the Zoning Administrator. (EIR Mitigation Measure 6.34) 3) Where feasible cul-de-sacs that back up to arterial streets or other potential transit routes should have a pedestrian connection between the cul-de-sac and the street. N. Utilities/Under-grounding All utility distribution facilities shall be installed underground, including the existing,overhead distribution facilities along the frontages of Bollinger Canyon Road, if any. 0. Maintenance of Facilities 1) Prior to filing the first final map, the applicant shall provide a list of a facilities proposed to be maintained by either a public or private entity. This list shall be subject to the review of the Public Works Department, Engineering Services Division, the Flood Control District, and the review and approval of the Zoning Administrator. 49 2) Applicant shall establish convents, conditions and restrictions for the development that define all creek improvements and storm drainage facilities within the development are to be maintained by the property owner(s) within the development. P. Soundwalls A soundwall shall be constructed adjacent to, but outside of, the right of way along Bollinger Canyon Road within the project limits. The soundwall shall be designed to attenuate the noise from the road based upon the traffic levels at specific plan buildout and upon the ultimate width and alignment of the road. The construction of the soundwall will be bonded with the project road improvements. The soundwall shall be constructed of solid masonry type material. Q. Drainage Improvements 1 . Division 914 of the Ordinance Code requires that all storm waters entering or originating within the subject property shall be conveyed, 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. 2) Storm drainage facilities required by the Ordinance Code shall be designed and constructed in compliance with design standards of the Public Works Department. 3) Storm drainage originating on the property and conveyed in a concen- trated manner shall be prevented from draining across the sidewalks and driveways. R. Detention Basins 1) The applicant shall provide the Public Works Department with a feasibility study of the proposed drainage system including the proposed detention basin. The study shall address the potential maintenance cost of the system, taking into consideration the proposed joint use with the proposed golf course. This study shall be subject to the review of the Public Works Department, and the review and approval of the Zoning Administrator. 2) Prior to filing the first final map execute a joint-use agreement with the Flood Control District for the use of the proposed basin as a golf course. 50 3) The design of the overall drainage system in the Country Club at Gale Ranch project shall comply with the agreement with Contra Costa County and Alameda County that stipulates a maximum storm water discharge allowed in the Alameda County portion of Coyote Creek. 4) Bridges shall be designed to County standards and shall provide for the ultimate design flow of the drainage channel or creek. (EIR Mitigation Measure 15.5) S. Creek Structure Setbacks Applicant shall relinquish "development rights" over that portion of the site that is within the structure setback area of Coyote 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. "Development rights" shall be conveyed to the County by grant deed. T. Construction Impact Mitigation Prior to the issuance of a grading permit or filing a final map, whichever comes first, the applicant shall submit to the Public Works Department a construction access exhibit delineating the proposed routing of heavy equipment and material hauling. The exhibit will be reviewed and approved by the County in consultation with the City of San Ramon and Town of Danville. Appropriate agreements, fees, or bonds will be determined as necessary to mitigate construction traffic impacts on the public roads. U. Traffic Mitigation in the Town of Danville To mitigate specific project impacts identified in Exhibit C-3 of the Settlement Agreement, contribute $200 per unit to the Town of Danville to fund soundwalls along the north side of Crow Canyon Road, an overlay on Camino Tassajara, Crow Canyon Road and Sycamore Valley Road, and intersection improvements at Camino Tassajara and Sycamore Valley Road. The Town shall enter into an agreement with the County for the collection and transfer of fees and to ensure that the fees will be held in a separate trust account and that the fees will be used for the intended improvements. Traffic mitigation fees collected by the County, pursuant to this condition of approval shall be transferred to the Town on a quarterly basis. V. Prior to issuing the 100th building permit extend Bollinger Canyon Road to Dougherty Road. 51 W. Contribute $600 per dwelling unit to a road improvement fee trust (Fund No. 819200-0800) as this project's contribution to regional improvements to the Alcosta Boulevard/1-680 interchange. If after five years from the date of the approval of the Country Club at Gale Ranch project, a regional fee has not been adopted, or during this time other jurisdictions have not similarly conditioned development to participate in regional improvements, then the fees may be used for improvements to the Alcosta Boulevard/1-680 ramps or for other improvements identified in the mitigation monitoring program as being needed to mitigate the impacts of the Country Club at Gale Ranch project, or credited back to the developer. (EIR Mitigation Measure 6.31 and 6.32, responsible party is County, funding source is County fee.) X. Throughout this Public Works condition of approval are requirements to pay fair share amounts and traffic impact fees to the City of San Ramon, Town of Danville and the County. There are also requirements to pay a fair share of improvements in Dublin and for regional improvements. The following fee table includes all of the traffic impact fees due and required by the Public Works condition of approval 125, and for which jurisdiction the fees are collected for each type of dwelling unit. Each fee is shown in 1994 dollar and shall be adjusted annually for inflation in accordance with the construction cost index for the San Francisco Bay Area as published in -the Engineering News Record with 1994 as the base year. Type of Dwelling Fee Jurisdiction Mitigation Unit Amount Collected For For Single Family Subregional Attached $2,178 San Ramon impacts 89 Danville Subregional impacts 200 Danville Overlays & soundwalls 1 ,085 County Regional & subregional impacts 203 County Old Dougherty Road 245 Dublin Subregional impacts TOTAL $4,000 52 Type of Dwelling Fee Jurisdiction Mitigation Unit Amount Collected For For Multiple Family Subregional Detached $1,222 San Ramon impacts 89 Danville Subregional impacts 200 Danville Overlays & soundwalls 1 ,085 County Regional & subregional impacts 203 County Old Dougherty Road 245 Dublin Subregional impacts TOTAL $3,044 Apartment $1 ,466 San Ramon Subregional impacts 89 Danville Subregional impacts f 200 Danville Overlays & soundwalls 1 1 ,085 County Regional & I subregional impacts 203 County Old Dougherty Road 245 Dublin .Subregional impacts TOTAL $3,288 ADVISORY NOTES i PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. Applicant shall comply with the Park Dedication Fee Ordinance. B. Comply with the requirements of the Central Sanitary District. 53 C. Comply with the requirements of the San Ramon Valley Fire Protection District or appropriate fire district provider. D. Comply with the requirements of the Health Services Department, Environmental Health Division. E. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. F. 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. G. 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. H. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Dougherty Valley Area of Benefit as adopted by the Board of Supervisors. If a JEPA is established which includes all projects which are to be included in the Dougherty Valley Area of Benefit, this requirement will be considered satisfied by payment of the associated fee. I. The project lies within the 100-year flood boundary as designated on the Federal Emergency Management Agency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 87-65) as they pertain to future construction of any structures on this property. J. The applicant will be required to pay an environmental review fee of $850.00 for the Department of Fish and Game at the end of the appeal period. Failure to do so will result in fines. In addition, the approval is not final or vested until the fee is paid. A check for this fee shall be submitted to Contra Costa County for submittal with the final environmental documents. K. The applicant will be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) permit for municipal, construction 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-Regional II or Central Valley-Region V). (EIR Mitigation Measure 1 5.4, 15.6, 15.7) L. Vested Rights and Fees: This project is subject to the development fees and regulations in effect under County Ordinance as of August 23, 1994, 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 the conditions of approval. 54 The fees include but are not limited to the following: Park Dedication $2,000.00 per residence. An estimate of the fee charges for each approved lot may be obtained by contact the Building Inspection Department at 646-4992. M. 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. The applicant is advised that the election process takes from 3 to 4 months and must be completed prior to recording the Final or Parcel Map. N. Expiration of Vested Rights: Pursuant to Section 66452.6(g) of the Subdivision Map act, the rights conferred by the vesting tentative map as provided by Chapter 4.5 of the Subdivision Map act shall last for an initial period of two (2) years following the recording date of the final/parcel map. These rights pertain to development fees and regulations. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period shall begin for each phase when the final map for that phase is recorded. At any time prior to the expiration of the initial time period, the subdivider may apply for a one-year extension. The application shall be accompanied by the applicable filing fee. If the extension is denied by an advisory agency, the subdivider may appeal that denial to the Board of Supervisors by filing a letter of appeal with the appropriate filing fee with the Clerk of the Board within 15 calendar days. The initial time period may also be subject to automatic extension pursuant to other provisions of Section 66452.6(g) relating to processing of related development applications by the County. At the expiration of the vesting time period, remaining development (i.e., new building permits) within the subdivision shall be subject to development fees and regulations in effect at that time. 55 0. The applicant shall be required to comply with the drainage fee requirements for the Drainage Area adopted by the Board of Supervisors. DJC/aa SUBXVI/7796C.DJC 10/13/94 10/25/94 11/3/94 11/16/94 11/30/94 12/13/94-BS (a) - - ORDINANCE NO. 94-77 J' `D) (Re-Zoning Land in the San Ramon Area) The Contra Costa County Board of Supervisors ordains as follows: W-18,X-18, SECTION I: Pages V-17,V-18,W-17 of the County's 1978 Zoning Map(Ord.No.78-93)is amended by re- zoning the land in the above area shown shaded on the map(s)attached hereto and incorporated herein (see also Community Development Department File No. 3010-RZ ) FROM: Land Use District A-80 f Exclusive Agriculture ) TO: Land Use District P-1 LPlanned Unit Development ) and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec.84.2.003. SECTION II. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the CONTRA COSTA TIMES ,a newspaper published in this County. PASSED onDi3 c emb b r i-2 0, 19 9 4by the following vote: Supervisor Aye Uu Absent Abstain 1. T.M.Powers ( x) ( ) ( ) ( ) 2. J.smith O ( ) ( ) ( ) 3. G.Bishop 4. M.DeSaulnier ( ) ( ) ( ) ( ) 5. T.Torlakson ( ) ( ) ( ) ( ) ATTEST: Phil Batchelor,County Adminis for and C rk of Board S pervisors hairman of the Board ByL Dep. (SEAL) ORDINANCE NO. 94-77 3010-RZ Shapell Pagel of 4 b • GP ti�MRppAN^ ` N�9 Page V-17 of the County's 1978 Zoning Map 3010-RZ MNN T + /+ OINNLLE �— sw aA,iov_aY�RD �G M,RAMON 0 i + �9 SAN RAMON CCG -Dl� SIN RAM + + + + . 'T t + .4.tt JC1�'. .'.1.•. .'N.• i.A•80 + +A-80 ....................... ............... /� Page V-18 of the County's 1978 Zoning Map 3010-RZ 3010-RZ Contra Costa County Community Development Dept Page 2 of 4 Aj '� : -,` Ea c •~ S'•'� r• o Page W-17 of the County's 1978 Zoning Map 3010-RZ :Q`8f1 :. :. :.:. : :: A.80 9� :ti: A•80 PI ^.$ A-80 Page W-18 of the County's 1978 Zoning Map 3010-RZ 3010-RZ Contra Costa County Community Development Dept Page 3 of 4 A-80 A-80 I A-80 A-80 S to c� m a 9�0 �'•�'Zpy S - ,\ .., A•80 Page X-18 of the County's 1978 Zoning Map 3010-RZ 3010-RZ Contra Costa County Community Development Dept Page 4 of 4 i/ Contra TO: BOARD OF SUPERVISORS ` Costa o: �;ioohd� s County FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT ��J„`.a 40 ti DATE: December 14 , 1994 coiiH`e't SUBJECT: Decision on the Recommendation of the County Zoning Administrator on a Development Agreement by Shapell Industries of Northern California, Inc. (County File #0122-94) Relative to the Property Known as the Country Club at Gale Ranch, in the San Ramon Area. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. ,2 . Approve the Development Agreement relative to the development known as the Country Club at Gale Ranch as being consistent with County Files GPA 5-94-SR, Rezoning with Preliminary Development Plan 3010-RZ, Final Development Plan 3010-92 and Subdivision 7796 . 3 . Direct the Director of Community Development to sign the agreement after it has been duly signed by Shapell Industries of Northern California, Inc. 4 . Adopt the ordinance. (Ordinance No. 94-79) FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On December 13 , 1994 the Board of Supervisors declared their intent to enter into the Development Agreement with modifications. Staff has included in the Board' s packet a r_evisef? copy of the Development Agreement reflecting the Board' s recommended changes. CONTINUED ON ATTACHMENT: YES S I GNAT URE,0<..Gv RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON—December 20 , 1995 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS 1S A UNANIMOUS (ABS-NT TRUE AND CORRECT COPY OF AN AYES: 2 , 415 , 1 NOES:—3 ACTION TAKEN AND ENTERED ON THE ABSENT: None ABSTAIN: None _ MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Debbie Chamberlain - 646-2031 Orig: Community Development Department ATTESTED December 20 , 1994 cc: PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS D COU T ADMINISTRATOR BY DEPUTY PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: December 14, 1994 TO: nrA �bie Chamberlain,Project Planner FROMtch Avalon, Assistant Public Work Director, Engineering Services SUBJECT: Subdivision 7796 Final Modified Conditions of Approval At their December 13, 1994 hearing on the above project, the Board of Supervisors requested all of the modifications to the conditions of approval in one document. Attached is a final set of Pubic Works conditions of approval with all modifications as approved by the Board of Supervisors on December 13, 1994. I have also faxed a copy of this final set of conditions to Brian Welsh and John Dillon. RMA:cl g:7796finalAl2 cc: J.Dillon,San Ramon B.Welsh,Danville S. Goetz,CDD C. Truebridge,Shapell CONDITIONS OF APPROVAL FOR SUBDIVISION 7796 A. General Requirements: 1. In accordance with Section 92-2.006 of the Ordinance Code, this subdivision shall conform to all applicable provisions of the Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. The drainage, road and utility improvements outlined below shall require the review and approval of the Public Works Department and are based on the Tentative Map dated April 19, 1993. 2. Improvement plans prepared by a registered civil engineer shall be submitted to the Public Works Department, Engineering Services Division, along with review and inspection fees, and-security for all improvements required by the Ordinance Code for the conditions of approval of this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the Transportation Engineering Division. 3. An encroachment permit from Caltrans for construction within the State right of way shall be obtained from Caltrans through the Public Works Department, Engineering Services Division. An encroachment permit from San Ramon is required for work in the City. 4. Several of the public roadway improvements identified in the conditions of approval are located in the City of San Ramon. For purposes of implementation of those public roadway improvements which are solely within the jurisdiction of the City of San Ramon,the City shall assume the role and responsibilities of responsible agency. The City of San Ramon will be assigned primary responsibility and authority for the design, phasing and implementation of those public roadway improvements identified as Conditions of Approval for the Country Club at Gale Ranch project, which are solely within the City's jurisdiction. To fund those public roadway improvements in the City of San Ramon, as specified in these Conditions of Approval, the County will collect traffic impact fees in the amounts specified in the City of San Ramon!s traffic impact mitigation fee ordinance, as defined in Resolution No. 93-23 of the City of San Ramon. These fees amount to $2178 per single family detached dwelling unit, $1222 per single family attached townhouse or condominium dwelling unit, and $1466 per apartment dwelling unit. These traffic impact fees collected by the County pursuant to this Condition of Approval shall be transferred to the City of San Ramon on a quarterly basis. Some of the public roadway improvements identified in the conditions of approval are located in the Town of Danville. For purposes of implementation of those public roadway improvements which are solely within the jurisdiction of the Town of Danville, the Town shall assume the role and responsibilities of responsible agency. The Town of Danville will be assigned primary responsibility and authority for the design, phasing and implementation of those public roadway improvements identified as Conditions of Approval for the Country Club at Gale Ranch project, which are solely within the Town's jurisdiction. 2 To fund those public roadway improvements in the Town of Danville, as specified in these Conditions of Approval, the County will collect an$89 per unit traffic impact fee. Traffic impact fees collected by the County pursuant to this Condition of Approval shall be transferred to the Town of Danville on a quarterly basis. The fee amounts described above for the City and Town shall be adjusted annually for inflation in accordance with the construction cost index for the San Francisco Bay Area as published in the Engineering News Record with 1994 as the base year. The timing of when a project is needed is determined by Measure C and these conditions of approval. If the responsible agency has not collected sufficient developer fees to fund an improvement when it is needed,then the;developer would have to fund the difference, or construct the improvement, to ensure the improvement is built on time. The developer would then be fronting part of the construction costs which would be eligible for reimbursement from future fees. The developer and the responsible agency shall enter into a reimbursement agreement to reimburse the developer the eligible construction costs that were advanced to build the project. Prior to filing the first final map for the County Club at the Gale Ranch project, the County shall enter into an agreement with San Ramon and Danville to authorize the collection and transfer of fees and to ensure that the:fees will be held in a separate trust account,that the fees will used only on the mitigation measures required of this development, and that the improvements will be done when needed to satisfy Measure C. The County has an Area of Benefit program to ensure that development projects pay their share of subregional transportation improvements. The EIR and conditions of approval for the Country Club at Gale Ranch project have identified and required mitigation for all of the projects subregional impacts. Constructing the improvements and paying the fees identified in these conditions will satisfy this developments obligation under the County's Area of Benefit program. B. Public Roadway Improvements (Frontage): The applicant shall construct Bollinger Canyon Road throug];i the proposed subdivision site per the detail shown on vesting tentative map 7796 except that the right of way shall be 186 feet wide. C. Public Roadway Improvements (On-Site): With the exception of the private roads which service the multiple-family units, construct the on-site road system to County public road standards, and in accordance with standard engineering practices and convey to the County, by Offer of Dedication, the corresponding right of way.Engineering for onsite roadways shall include a requirement for a geotechnical report for the soil condition within road alignments. The roadway improvement plans shall include a statement that the design is in accordance with the recommendations of the geotechnical report and shall be signed by a geotechnical engineer. D. Public Roadway Improvements (Ofd Site): 3 * NOTE: Conditions of approval marked with an asterisk (*) are proposed to be included in a Joint Exercise of Powers Agreement (JEPA) or a similar agreement which identifies a traffic fee amount and fee allocation to fund those traffic improvements identified in the Settlement Agreement. If a JEPA is approved which incudes those improvements, the conditions of approval shall be considered satisfied by payment of the associated fee. Payment of a fee to San Ramon and Danville shall satisfy the conditions of approval for any project the fee is funding. Contribute the project's fair share to a road improvement fee trust(Fund No. 819200-0800) designated for improvements to the intersections and road segments listed below. The agency responsible for implementation of the improvement is also shown for each condition. The fair share amount shall be calculated using the following formula depending if the project is on the C-1 or C-2 list of the Settlement Agreement. All projects fisted in exhibit C-1 of the Settlement Agreement are to be fully funded by the Dougherty Valley Specific Plan Area projects(approximately 8500 units). The Country Club at Gale Ranch project shall be responsible for their proportionate share of these projects. This is determined as follows: Fair share (%)_ [1,216(units in G.R.)/8500 (units in D.V.)] * 100%= 14,3% of total project cost G. R=Gale Ranch D. V.=Dougherty Valley Projects fisted in Exhibit C-2 of the Settlement Agreement are to be funded by development inside and outside of Dougherty Valley. The Dougherty Valley share (the impact of 8500 units) will be a percentage of the total project cost. The Country Club at Gale Ranch development will be responsible for 14.3%of the Dougherty Valley share of the project costs. The fair share amount of the project cost for Dougherty Valley(8500 units)was determined based on the Dougherty Valley impact divided by the impact of the cumulative future development on the subject intersection or road segment. This fair share amount is based upon the South County Traffic Study performed for the Settlement Agreement and shall be calculated using the following formula: Project share(%)=[(z-y)/(z-x)] * 100% where: x=Intersection or road segment V/C with no growth(baseline condition) y=Intersection or road segment V/C in 2000 without project z=Intersection or road segment V/C in 2000 with project V/C =Volume to Capacity Ratio for the intersection or road segment. The improvements which require the applicant's contributions are as follows: 1. Camino Tassajara/Crow Canyon RoadBlackhawk Road intersection 4 improvements. Within existing curb-to-curb pavement section, reconfigure NB approach(Crow Canyon Road)to provide two left-turn lanes, one exclusive through lane, one shared through/right-turn lane, and one exclusive right-turn lane. On Tassajara Ranch Drive, remove median and add bike lanes. (Settlement Agreement Exhibit C-1.1, responsible parry is Danville, funding source is Town of Danville fee) * 2. Sycamore Valley Road/I680 NB on-ramp/Camino Ramon intersection improvements.Reconfigure WB approach(Sycamore Valley Road)to provide one exclusive left-turn lane, one exclusive through lane, one shared through/right turn lane, and one exclusive right-turn lane. (Settlement Agreement Exhibit C-1.2, responsible party is Danville, funding source is Town of Danville fee) 3. Crow Canyon Road/Dougherty Road intersection, improvements. Reconfigure EB approach(Crow Canyon Road)to provide three exclusive through lanes, and one "free" right-turn lane to SB Dougherty Road.Reconstruct SB Dougherty Road, south of Crow Canyon Road,to provide dedicated curb lane to accept right-turns from EB Crow Canyon Road. (Settlement Agreement Exhibit C-•1.3, developer responsible for construction and funding) * 4. Bollinger Canyon Road/Camino Ramon intersection improvements. If needed, reconfigure SB approach(Camino Ramon)to provide two exclusive left-turn lanes, one shared through/right turn lane, and one exclusive right-turn lane. (Settlement Agreement Exhibit C-1.4, responsible party is San Ramon, funding source is City of San Ramon fee)* 5. Bollinger Canyon Road/Alcosta Boulevard intersection improvements. a.Reconfigure EB approach(Bollinger Canyon Road) to provide one exclusive left- turn lane, three exclusive through lanes, and one exclusive right turn lane. Reconfigure SB approach(Alcosta Boulevard)to provide one exclusive left-turn lane, two exclusive through lanes, and one exclusive right-turn lane. These improvements include the entire intersection up to the east end of the curb returns on Bollinger Canyon Road east of Alcosta Boulevard. (Responsible party is San Ramon, funding source is City of San Ramon fee). b.Reconfigure WB approach(Bollinger Canyon Road.) to provide one exclusive left turn lane, three exclusive through lanes, and one exclusive right turn lane. Widen Bollinger Canyon Road, east of Alcosta Boulevard, to provide three through lanes, plus turn lanes as needed, in EB and WB directions from Alcosta Boulevard to project limits. Construct traffic signal at Canyon Lakes Drive (Developer is responsible for construction and funding). (Settlement Agreement Exhibit C-1.5) * (EIR mitigation measure 6.18 and 6.19) 6. Dougherty Road, re-alignment and construction of a six lane facility between the northerly project limits and Crow Canyon Road. (Settlement Agreement Exhibit C- 1.6, developer responsible for construction and funding) 5 7. Windemere Parkway/Camino Tassajara Road intersection improvements a.Provide left turn channelization, a four phase traffic signal, and tapers on Camino Tassajara to transition from six to four lanes north of the intersection. (Settlement Agreement Exhibit C-1.8, EIR Mitigation Measure 6.17, developer responsible for construction and funding.)* b. Provide a "free" eastbound right turn lane with sufficient acceleration in the southbound direction (EIR Mitigation Measure 6.17, developer responsible for construction and funding.) 8. Crow Canyon Road, widen to six lanes between Dougherty Road and Tassajara Ranch Road. (Settlement Agreement Exhibit C-1.9, developer responsible for construction and funding) 9. Crow Canyon Road a. Widen Crow Canyon Road from 4 to 6 lanes from Alcosta Boulevard to the western boundary of the West Branch development, approximately 1800 feet west of Dougherty Road. (Responsible parry is San Ramon, funding source is City of San Ramon fee) b.Widen Crow Canyon Road from 4 to 6 lanes from Dougherty Road to the western boundary of the West Branch development, a distance of approximately 1800 feet. (Developer is responsible for construction and funding) (Settlement Agreement Exhibit C-1.10)* 10. Dougherty Road,widen to 6 lanes from southerly limits of the Gale Ranch property to Old Ranch Road a distance of approximately one half mile. Intersection improvements at the Dougherty Road/Old Ranch Road intersection are included and consist of a traffic signal, left turn pockets, and right-turn pockets. (Settlement Agreement Exhibit C-1.11, responsible party is San Ramon, funding source is City of San Ramon fee) * 11. Dougherty Road, widen to 6 lanes from Old Ranch Road to the County line. (Settlement Agreement Exhibit C-1.12, responsible party is San Ramon, funding source is City of San Ramon fee) * 12. Dougherty Road/Old Ranch Road, intersection improvements to accommodate four lanes on Old Ranch Road and six lanes on Dougherty Road, with left turn and right turn channelization. Install a traffic signal. (Settlement Agreement Exhibit C- 1.13, responsible party is San Ramon, funding source is City of San Ramon fee) 13. Alcosta Boulevard/Old Ranch Road intersection improvements (Currently, controlled by a three-way stop sign).Install a traffic signal. (Settlement Agreement Exhibit C-1.14, responsible party is San Ramon,funding source is City of San Ramon fee) 6 14. Bollinger Canyon Road, construct eight lanes from I-680 to Alcosta Boulevard. (Settlement Agreement Exhibit C-2.1, responsible party is San Ramon, funding source is City of San Ramon fee)* 15. Camino Tassajam Road,widen from two to six lanes between Windemere Parkway and the County line. (Settlement Agreement Exhibit C-2.2, responsible party is County, funding source is County fee and County)* 16. Camino Tassajara/Sycamore Valley Road intersection improvements, widen/restripe SB leg for one left-turn/right-turn lane and one left-turn lane. (Settlement Agreement Exhibit C-2.3, responsible party is Danville, funding source is Town of Danville fee)* 17. Crow Canyon Road, widen from 6 to 8 lanes from I-680 to Alcosta Boulevard. (Settlement Agreement Exhibit C-2.4, responsible party is San Ramon, funding source is City of San Ramon fee)* 18. 1-680 northbound off-ramp/Bollinger Canyon Road intersection. On northbound leg,widen right-turn radius, construct raised island to convert curb right-turn lane to a free right-turn lane, restripe second right-turn lane to stay under signal control, and modify signal control. (Settlement Agreement Exhibit C-2.5, responsible party is San Ramon, funding source is City of San Ramon fee)* 19. Alcosta Boulevard/Crow Canyon Road intersection improvements. Add one exclusive right turn eastbound. (Settlement Agreement Exhibit C-2.6, responsible party is San Ramon, funding source is City of San Ramon fee)* 20. Alcosta Boulevard/Crow Canyon Road intersection improvements. Add one northbound exclusive right-turn lane. (Settlement Agreement Exhibit C-2.7, responsible party is San Ramon, funding source is City of San Ramon fee)* 21. Camino Ramon/Crow Canyon Road intersection improvements. Widen/restripe the southbound approach to one right-turn, one through, and one left-turn lane; add an eastbound exclusive right-turn lane. (Settlement Agreement Exhibit C-2.8, responsible parry is San Ramon, funding source is City of San Ramon fee)* 22. Crow Canyon Road/1-680 NB ofd ramp intersection improvements. Intersection will be congested due to queues from adjacent intersections. Add another right-turn lane on the northbound off-ramp. (Settlement Agreement Exhibit C-2.9, responsible party is San Ramon, funding source is City of San Ramon fee)* 23. I-680 southbound ramps/Crow Canyon Road. Restripe to revise existing right- turn lane to provide shared right-turn/left-turn lane. (Settlement Agreement Exhibit C-2.10, responsible party is San Ramon, funding source is City of San Ramon fee)* 24. Bollinger Canyon Road/Sunset Drive intersection improvements. If needed, reconfigure the southbound approach (Sunset Drive) to provide one exclusive left- turn lane, one exclusive through lane, and one "free" right-turn lane to westbound 7 Bollinger Canyon Road. Widen Bollinger Canyon Road west of Sunset Drive to provide a dedicated curb lane to accept right turns from southbound Sunset Drive. (Settlement Agreement Exhibit C-2.11, responsible party is San Ramon, funding source is City of San Ramon funding fee) 25. Crow Canyon Road,Camino Tassajara and Sycamore Valley Road. Provide for pavement overlays of these roads between the Dougherty Valley project and I-680. (Settlement Agreement Exhibit C-2.13,responsible party is Danville, funding sources is Town of Danville funding fee) E. Roadway Improvements (Off-site EIR Mitigation Measures): This project shall comply with the mitigation measures set forth in the project environmental impact report. If a JEPA or similar agreement is approved which identifies a traffic fee amount and fee allocations for any of the improvements which require payment of a fair share cost,the conditions of approval shall be considered satisfied by payment of the associated fee. Payment of a fee to San Ramon or Danville shall satisfy the condition of approval for any project the fee is funding, if the condition requires a payment of a fair share amount of the improvement costs. Conditions of approval which are in bold type are to be constructed as a part of this project. The agency responsible for implementation and the funding source for that project is also shown for each condition. Some of the conditions listed below which are- mitigations to cumulative impacts as determined by the EIR require a fair share contribution toward the construction of the mitigating improvements. The fair share amount shall be determined based on the project impact divided by the impact of the cumulative future development on the subject intersection or road segment. The fair share amounts for each of these improvements was based upon the following formula, however, most of the actual share amounts were determined in consultation with the Town, City, and County. Project share (%)=[(z-y)/(z-x)] * 100% where: x=Intersection or road segment V/C in 1993 y=Intersection or road segment V/C in 2000 without project z=Intersection or road segment V/C in 2000 with project V/C =Volume to Capacity Ratio for the intersection or road segment. Conformance with the EIR includes the following: 1. Contribute the project's fair share to a road improvement fee trust (Fund No. 819200- 0800) designated for the restriping of the southbound approach to provide one exclusive right-turn lane, one through-lane, and one exclusive left-turn lane at the Camino Ramon/Crow Canyon Road intersection. (EIR mitigation measure 6.1, responsible party is San Ramon, funding source is City 8 of San Ramon fee) 2. Construct an exclusive westbound right turn lane at the Camino Ramon/Bollinger Canyon Road intersection when required by the City of San Ramon. (EIR mitigation measure 6.2, responsible parry is San Ramon, funding source is City of San Ramon fee) 3. Contribute fees equal to the full cost of the construction of a third east bound and west bound through lane at the Alcosta Boulevard/Bollinger Canyon Road intersection. Timing of these improvements will be established by the City of San Ramon. The project proponent may construct the improvements in lieu of a fee contribution for this intersection. (EIR mitigation measure 6.3, responsible parties are San Ramon and the developer, funding source is City of San Ramon fee and developer construction) 4. Prior to the issuance of the 500th building permit:for the project, construct an additional north bound through lane at the Dougherty Valley Road/Bollinger Canyon Road intersection. (EIR mitigation measure 6.4, responsible party is developer, funding source is developer) 5. Contribute the project's fair share to a road improvement fee trust (Fund No. 819200- 0800) designated for the widening of the I-680 northbound on-ramp at Bollinger Canyon Road to two lanes and to add an auxiliary lane on I-680 between Bollinger Canyon Road and Crow Canyon Road. Should this project be fully funded with Federal or other funds this condition shall be waived. (EIR mitigation measure 6.6, responsible party is County, funding source is County fee) 6. Prior to the issuance of the 100th building permit, coordinate with the City of San Ramon to install a traffic signal at the Alcosta Boulevard/Montevideo Drive. (EIR mitigation measure 6.7, responsible party is San Ramon, funding source is City of San Ramon fee) 8. Contribute the project's fair share to a road improvement fee trust(Fund No. 819200- 0800)designated for the installation of a traffic signal at the intersection of Dougherty Road and Old Ranch Road. (EIR mitigation measure 6.8, responsible parry is Sari Ramon, funding source is City of San Ramon fee) 9. Install traffic signals at the intersections of Dougherty Road and Bollinger Canyon Road (North). 9 Traffic signals shall be installed by the property owner/developer at the intersections listed below as the roadways are constructed, with the approval of the affected jurisdictions. The intersections are as follows: Dougherty Road at Bollinger Canyon Road (South), Bollinger Canyon Road north of East Branch Road, Tassajara Road at Fallon Extension,Bollinger Canyon Road at East Branch Road, Bollinger Canyon Road south of East Branch Road, Bollinger Canyon Road at Wmdemere Parkway and Camino Tassajara at Windemere Parkway. (EIR mitigation measure 6.8, developer is responsible for construction and funding) 10. Install traffic signals at the intersection of Bollinger Canyon Road with Chanterella Drive. (EIR mitigation measure 6.9, developer is responsible for construction and funding) 11. Install a traffic signal at the Bollinger Canyon Road intersection with Gale Ridge Road. (EIR mitigation measure 6.9, developer is responsible for construction and funding) 12. Provide for adequate sight distance at the intersection of all internal streets of the subdivision and through all horizontal and vertical curves at appropriate design speeds in accordance with Cal Trans Standards. (EIR mitigation measure 6.10) 13. Provide at least the minimum number of accessible parking spaces for the golf course required by the Americans with Disabilities Act and State of California Standards. (EIR mitigation measure 6.11) 14. Contribute$700,000 lump sum plus $203 per unit to the road improvement fee trust (Fund No. 819200-0800) as this project's share of the surface improvements and safety improvements to existing Dougherty Road within the unincorporated County. The County shall perform the necessary road surface and safety improvements; however,with mutual consent between the applicant and the County, the applicant may construct the subject improvements. If the applicant performs these improvements, then the cost of work performed on Dougherty Road will be creditable toward the above fee. Improvements to Dougherty Road,within the boundary of the Gale Ranch property, shall include a surface treatment. In addition, the road section at the sharp curve north of the existing bridge and the steep vertical curve south of the future intersection of Dougherty Road and Bollinger Canyon Road (northern intersection) shall be 10 widened and additional signing and striping provided to enhance vehicular safety in those two areas. At least sig months prior to the filing of the final naap for the first phase of the project, deposit $100,000 with the Public Works Department (Trust Fund 819200-0800). The County will use these funds to design the safety improvements on Dougherty Road. Prior to the filing of the final map for the first phase, deposit $600,000, which is the remaining balance of the $700,000, with the Public Works Department(Trust Fund 819200-0800). The County will use these funds to construct the safety improvements and install a surface treatment on Dougherty Road within eighteen months of the deposit.Prior to the filing of the final map for each phase, the County will perform an analysis of Dougherty Road to determine if additional safety or surface improvements are needed. (EIR Mitigation Measure 6.12, responsible party is County, funding source is County fee and County) 15. Provide curb ramps at all intersections and dross walks at the proposed intersections of Bollinger Canyon Road with Chanterella Drive and Gale Ridge Road. (EIR mitigation measure 6.13) 16. Provide an additional connection through the proposed school site on the north side of the project linking the bike lanes on Lilac Ridge Road to the bike trail which is proposed along the west branch of Alamo Creek. (EIR mitigation measure 6.14) 17. Provide a separate bike path or striped bike lanes on Shoreline Drive between Lilac Ridge Road and Crow Canyon Road to accommodate bicycle traffic to and from the elementary school north of the project site, if the right of way becomes available. (EIR mitigation measure 6.14) 18. Contribute the project's fair share to a road improvement fee trust (Fund No. 819200- 0800) designated for the addition of an exclusive right turn lane on Amador Valley Boulevard at the Dougherty Valley Road/Amador Valley Boulevard intersection. (EIR mitigation measure 6.15, responsible party is the:Dublin, funding source is City of Dublin fee) 19. The cumulative roadway network shall be modified to incorporate new collector streets to supplement the operation of arterial streets in Dougherty Valley area. The collectors would include a connection of Dougherty Road to new development north of Bollinger Canyon Road, provide a second access route to this development and reduce volume at the Dougherty Road/Bollinger Canyon 11 Road intersection. These new, collectors shall be developed to meet County General Plan requirements and shall include a connection from Dougherty Road north of Bollinger Canyon Road to Bollinger Canyon Road east of Dougherty Road. Satisfaction of this condition would include the following: constructing North Gale Ridge road as a collector street per the typical section shown on the tentative map. North Gale Ridge Road shall have no homes fronting on it and shall extend to Dougherty Road with a future phase of development.Lilac Ridge Road shall be developed as a collector street from Lantana Way to North Gale Ridge Road.Most of this portion of Lilac Ridge Road will be constructed with a future phase of development. The lot layout on Sweetgale Drive between Chanterella Drive and Lilac Ridge Road South shall be revised to address the high volume of traffic on this section of road.Any modifications to the lot layout of the tentative map as a result of the above changes, shall be reviewed and approved by the Zoning Administrator. (EIR mitigation measure 6.16) 21. Contribute the project's fair share to a road improvement fee trust(Fund No. 819200- 0800) designated for the addition of a third through lane to the east and west bound approaches of the Alcosta Boulevard/Bollinger Canyon Road intersection. The fair share amount shall be as determined by the settlement agreement. (EIR mitigation measure 6.18, responsible parties are San Ramon and the developer, funding source is City of San Ramon fee and developer contribution) 22. Contribute the project's fair share to a road improvement fee trust(Fund No. 819200- 0800) designated for the widening of Bollinger Canyon Road to six lanes between Alcosta Boulevard and Canyon Lakes Drive, including consequent improvements to the intersections. The fair share amount shall be as determined by the settlement agreement. (EIR mitigation measure 6.19, developer is responsible for construction and funding) 23. Review the timing pattern for the control of the Bollinger Canyon Road I-680 southbound off-ramp intersection and provide an "all red" clearance for traffic on Bollinger Canyon Road if one is not already provided. Install a "programmed visibility" head on the westbound approach to the San Ramon Valley Boulevard intersection, if necessary. These improvements may be modified to an equivalent improvement, or the scope of improvements reduced, by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.21,responsible parry is San Ramon, funding source is City of San Ramon fee) 24. Review the timing patterns at the Crow Canyon Road/Crow Canyon Place intersection and increase the yellow time or "all red" clearance interval for Crow Canyon Road traffic as appropriate. Install Type-40 guide stripes through the 12 intersection for east and north bound dual left turn lanes per Cal Trans Traffic Manual standards. These improvements may be modified to an equivalent improvement, or the scope of improvements reduced,by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.22, responsible party is San Ramon, funding source is San Ramon fee) 25. Install Type-40 guide stripes for northbound and southbound traffic at the intersection of Alcosta Boulevard and Bollinger Canyon Road. The.guide stripes shall be installed with the recommended improvements in Mitigation Measure 6.18. These improvements may be modified to an equivalent improvement, or the scope of improvements reduced,by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.23, responsible party is San Ramon, funding source is San Ramon fee) 26. Contribute the project's fair share to a road improvement fee trust(Fund No. 819200- 0800) designated for the lengthening of left turn lane from Crow Canyon Road to Alcosta Boulevard and the installation of Type-40 guide stripes for the northbound and westbound turn lanes at the intersection of Crow Canyon Road and Alcosta Boulevard. These improvements may be modified to an equivalent improvement, or the scope of improvements reduced,by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.24, responsible party is San Ramon, funding source is San Ramon fee) 27. Contribute the project's fair share to a road improvement fee trust(Fund No. 819200- 0800) designated for the installation of Type-40 guide: stripes through Crow Canyon Road/Camino Ramon intersection for the north bound to west bound left turn lanes. These improvements may be modified to an equivalent improvement, or the scope of improvements reduced,by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.25, responsible party is San.Ramon, funding source is San Ramon fee) F. EIR Mitigation Measures Requiring Jurisdictional Participation: 1. The following routes of regional significance shall be established pursuant to procedures established by the Contra Costa Transportation Authority: Bollinger Canyon Road between Alcosta Boulevard and ]Dougherty Valley Road, and Dougherty Road between the County line and Crow Canyon Road. Appropriate Traffic Service Objectives shall be established in lieu of the Measure C 1988 level of service standards for basic routes. (EIR mitigation measure 6.20) 13 2. The applicant shall participate in the Regional Transportation Mitigation Program as determined through the Measure C 1988 multi jurisdictional planning process to ensure that the project proponent is paying a fair share of the cost associated with the project. The amount of any regional transportation fee or assessment shall be calculated using the rate in effect at the time of the issuance of building permits for each respective phase of project. (EIR mitigation measure 6.31) 3. Adopt a Tri-Valley Transportation Plan. The applicant shall participate in the implementation of a Tri-Valley Transportation Plan that addresses traffic impact of cumulative growth on regional facilities in the Tri-Valley area including Dougherty Road and I-580 in Alameda County. (EIR mitigation measure 6.32) G. Road Alignment (Horizontal and Vertical Sight Distance/Grades): 1. In accordance with CALTRANS standards provide for adequate sight distance at all internal public intersections for a design speed of 30 miles per hour. 2. In accordance with CALTRANS standards provide for adequate sight distance at the subdivision access intersections with Bollinger Canyon Road for a design speed of 55 miles per hour. H. Private Roads (Multi-family): Applicant shall construct to county private road standards the paved private roadways as shown on the tentative map to a minimum width of 28 feet to serve all multiple family units in the proposed subdivision. I. Road Dedications: The applicant shall convey by Offer of Dedication a minimum of 186 feet of right of way on Bollinger Canyon Road through the proposed project. (EIR mitigation measure 6.33) I Street Lights: Street lights shall be installed on all internal public streets and along the project frontage and the property annexed to County Service Area L-100 for maintenance of the street lighting. The final number and location of the lights shall be determined by the Public Works Department, Engineering Services Division. Application for annexation to CSA L-100 Lighting District shall be submitted prior to filing of the Final Map. Alternatively, the applicant may establish a county service area(CSA) or other appropriate entity to fund the maintenance of the streetlights. 14 i + K. Landscaping: 1. Permanent landscaping and automatic irrigation facilities shall be installed within the parkway and median areas, and interim landscaping features shall be installed within the future road and transit areas. All work shall be done in accordance with the guidelines and standards of the County. Funding of and maintenance of, the new plantings shall be guaranteed by the developer until-the plants have been established and until funds are available through a landscaping district. The plants shall be maintained for 90 days after installation. 2. Prior to filing the final map, two sets of landscape and irrigation plans and cost esti- mates, prepared by a licensed landscape architect, shall be submitted to the Special District Section of the Public Works Department for review. Plan submittal shall include plan review and inspection fees. Types and sire of plant and irrigation materi- als within the public right of way shall be designed using standards provided by the Grounds Service Manager of the General Services Department. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their maintenance by the County after final inspection is cleared. 3. Prior to filing the final map,the applicant shall apply to the Public Works Department for annexation to the County Landscaping District AD 1979-3 (LL-2) for the future maintenance of landscaping and irrigation facilities ih median islands, parkways and other areas ("open space" is specifically excluded). Alternatively, the applicant may establish a county service area or other appropriate entity to maintain the landscaping. L. Bicycle-Pedestrian Facilities: 1. The design of community facilities, such as a clubhouse or a community park, shall provide for and encourage the use of bicycles. At a minimum this shall include bicycle racks and bicycle lockers. Because the risk of theft at the clubhouse is less of a concern, the need for bicycle lockers can be monitored with the TDM program and the locker installed as they are needed. 2. All trail and golf cart crossings of public roads shall be designed for proper stopping sight distance and signed subject to the review and approval of the Public Works Department, Engineering Services Division. 3. All public pedestrian facilities and access ways shall be designed in accordance with Title 24(Handicap access)and the Americans with Disabilities Act. This shall include all sidewalks, paths, trails, driveway depressions, as well as handicap ramps. M. Transit: 1. Applicant shall provide for future transit by constructing bus turnouts on Bollinger Canyon Road and on internal streets at appropriate locations. The location of the turnouts shall be subject to the review and approval of the appropriate transit authority. Sufficient monies shall be deposited, as determined by the transit authority, for bus stop shelters and bicycle racks to be installed by the authority once regular transit service to the area begins. The deposit of monies for the bus stop facilities 15 shall be made with the filing of each final map that constructs a bus turnout. Alternatively,the applicant may construct the bus stop shelters and bicycle racks after their design and location are approved by the transit agency. 2. Applicant shall provide a park-and-ride lot within the parking area for the proposed clubhouse or an acceptable alternative, subject to the review of the Public Works Department, and the review and approval of the Zoning Administrator. The park- and-ride lot shall have a capacity of 36 spaces. Adequate parking shall be provided for the combined use of the park-and-ride lot and the complex. Bicycle racks and lockers shall also be provided. The design of the park-and-ride portion of the parking lot, including bicycle racks and lockers, shall be subject to the review and approval of the Zoning Administrator. (EIR Mitigation Measure 6.34) 3. Where feasible cul de sacs that back up to arterial streets or other potential transit routes should have a pedestrian connection between the cul de sac and the street. N. Utilities/Undergrounding: All utility distribution facilities shall be installed underground, including the existing overhead distribution facilities along the frontage of Bollinger Canyon Road, if any. O. Maintenance of Facilities: 1. Prior to filing the first final map the applicant shall provide a list of facilities proposed to be maintained by either a public or private entity. This list shall be subject to the review of the Public Works Department, Engineering Services Division, the Flood Control District and the review and approval of the Zoning Administrator. I 2. Applicant shall establish convents, conditions and restrictions for the development that define all creek improvements and storm drainage facilities within the development are to be maintained by the property owner(s)within the development. P. Soundwalls: 1. A soundwall shall be constructed adjacent to, but outside of, the right of way along Bollinger Canyon Road within the project limits. The soundwall shall be designed to attenuate the noise from the road based upon the traffic levels at specific plan buildout and upon the ultimate width and alignment of the road. The construction of the soundwall will be bonded with the project road improvements. The soundwall shall be constructed of solid masonry type material. Q. Drainage Improvements: 1. Division 914 of the Ordinance Code requires that all storm waters entering or originating within the subject property shall be conveyed,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. 16 i 2. Storm drainage facilities required by the Ordinance Code shall be designed and constructed in compliance with design standards of the Public Works Department. 3. Storm drainage originating on the property and conveyed in a concentrated manner shall be prevented from draining across the sidewalks and driveways. R. Detention Basins: 1. The applicant shall provide the Public Works Department with a feasibility study of the proposed drainage system including the proposed detention basin. The study shall address the potential maintenance cost of the system, taking into consideration the proposed joint use with the proposed golf course. This study shall be subject to the review of the Public Works Department, the and the review and approval of the Zoning Administrator. 2. Prior to filing the first final map execute a joint-use agreement with the Flood Control District for the use of the proposed basin as a golf course. 3. The design of the overall drainage system in the Country Club at Gale Ranch project shall comply with the agreement with Contra Costa County and Alameda County that stipulates a maximum storm water discharge allowed in the Alameda County portion of Coyote Creek:. 4. Bridges shall be designed to County standards and shall provide for the ultimate design flow of the drainage channel or creek. (EIR Mitigation Measure 15.5) S. Creek Structure Setbacks: Applicant shall relinquish "development rights" over that portion of the site that is within the structure setback area of Coyote 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. "Development rights" shall be conveyed to the County by grant deed. T. Construction Impact Mitigation: Prior to the issuance of a grading permit or filing a final map, whichever comes first, the applicant shall submit to the Public Works Department a construction access exhibit delineating the proposed routing of heavy equipment and material hauling. The exhibit will be reviewed and approved by the County in consultation with the City of San Ramon and Town of Danville. Appropriate agreements, fees, or bonds will be determined as necessary to mitigate construction traffic impacts on the public roads. U. Traffic mitigation in the Town of Danville- To mitigate specific project impacts identified in Exhibit C-3 of the Settlement Agreement, contribute $200 per unit to the Town of Danville to fund soundwalls along the north side of Crow Canyon Road, an overlay on Camino Tassajara, Crow Canyon Road and Sycamore Valley Road;, and intersection improvements at Camino Tassajara and Sycamore Valley Road. The Town shall enter into an agreement with the County for the collection and transfer of fees and to ensure that the fees will be held in a separate trust account and that the fees will be used :for the intended improvements. 17 Traffic mitigation fees collected by the County, pursuant to this condition of approval shall be transferred to the Town on a quarterly basis. V. Prior to issuing the 100th building permit extend Bollinger Canyon Road to Dougherty Road. W. Contribute$600 per dwelling unit to a road improvement fee trust (Fund No. 819200-0800) as this project's contribution to regional improvements to the Alcosta Boulevard/1-680 interchange. If after five years from the date of the approval of the Country Club at Gale Ranch project, a regional fee has not been adopted, or during this time other jurisdictions have not similarly conditioned development to participate in regional improvements, then the fees may be used for improvements to the Alcosta Boulevard/1-680 ramps or for other improvements identified in the mitigation motoring program as being needed to mitigate the impacts of the Country Club at Gale Ranch project, or credited back to the developer. (EIR Mitigation Measure 6.31 and 6.32, responsible party is County, funding source is County fee). X. Throughout this Public Works condition of approval are requirements to pay fair share amounts and traffic impact fees to the City of San Ramon, Town of Danville and the County. There are also requirements to pay a fair share of improvements in Dublin and for regional improvements. The following fee table includes all of the traffic impact fees due and required by the Public Works condition of approval 125, and for which jurisdiction the fees are collected for each type of dwelling unit. Each fee is shown in 1994 dollars and shall be adjusted annually for inflation in accordance with the construction cost index for the San Francisco Bay Area as published in the Engineering News Record with 1994 as the base year. ........... ........................... ..........._.....................................:.....::...............�:....�.......:�::... .:::.:::::.�:.::..::�:::Ott{t. .....:...; a�:::::::::::::.�::::::.� Single family attached 2178 San Ramon subregional impacts 89 Danville subregional impacts 200 Danville overlays and soundwalls 1085 County regional and subregional impacts 203 County Old Dougherty Road 245 Dublin subregional impacts Total 4000 Multiple Family Detached 1222 San Ramon subregion al impacts 89 Danville subregional impacts 200 Danville overlays and soundwalls 1085 County regional and subregional impacts 203 County Old Dougherty Road 245 Dublin subregional impacts 18 Total 3044 Apartment 1466 San Ramon subregional impacts 89 Danville subregional impacts 200 Danville overlays and soundwalls 1085 County regional and subregional impacts 203 County Old Dougherty Road 245 Dublin subregional impacts Total 3288 Advisory Notes: 1. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Dougherty Valley Area of Benefit as adopted by the Board of Supervisors. If a JEPA is established which includes all projects which are to be included in the Dougherty Valley Area of Benefit, this requirement will be considered satisfied by payment of the associated fee. 2. The applicant shall be required to comply with the drainage fee requirements for the Drainage Area adopted by the Board of Supervisors. 3. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination Systems (NPDES) for municipal, construction 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). (EIR Mitigation Measure 15.4, 15.6, 15.7) 4. This project may be subject to the requirements of the Department of Fish and Game. It is the applicant's responsibility to notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish and Game Code. 5. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained. g:engsvc:work:SUB7796fin2.t12 19 E SE L • _ = ' Contra TO: BOARD OF SUPERVISORS Costa n o: FROM: HARVEY E. BRAGDON _ f{ � htiV � <,'s County DIRECTOR OF COMMUNITY DEVELOPMENT ' h"~* ;o = 4 DATE: December 14 , 1994 SUBJECT: Decision on the appeal by Shapell Industries of Northern California (Applicant & Owner) , County File SUB 7796, on the Decision of the County Planning Commission Relative to the Country Club Gale Ranch Project, in the San Ramon Area. SPECIFIC REQUEST (S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as adequate. 2 . Adopt the Mitigation Monitoring Program prepared for this project. 3 . Grant the appeal of Shapell Industries of Northern California, Inc. and approve the project. 4 . Adopt the findings contained in the attached resolution as " approved by the County Planning Commission and modified by the Board of Supervisors. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On December 13 , 1994 the Board of Supervisors declared their intent to grant the appeal of the applicant and approve the subdivision with modified Conditions of Approval . The Board deleted Condition of Approval #125 .M. 3�,. and modified Condition of Approval #118 to read as follows: CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON December 20 , 1995 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: 2 , 4 , 5 , 1 NOES:—3 ACTION TAKEN AND ENTERED ON THE ABSENT: None ABSTAIN: None MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Debbie Chamberlain - 646-2031 Orig: Community Development Department ATTESTED December 20 , 1994 cc: PHIL BATCHELOR, CLERK OF TH BOARD OF SUPERVISORS AN COUNT DMINISTRATOR BY J , DEPUTY 2 . Provide a bicycle/pedestrian trail of equal link to that of current EVA from lots 1013 to 1143 elsewhere in the subdivision, in consultation with Supervisor Bishop and review and approval of the County Zoning Administrator. DJC/aa BOIX/3010-92A. DJC 12/14/94 CONDITIONS OF APPROVAL FOR SUBDIVISION 7796 and DEVELOPMENT PLAN 3010-92 AS MODIFIED BY THE BOARD OF SUPERVISORS ON DECEMBER 13, 1994 P-1 District Findings A. The applicant has indicated they intend to commence construction within two and one- half years of the effective date of final project approval. B. The 1 ,216 unit project, as conditioned, is consistent with the County General Plan. The project as proposed is consistent with the Country Club at Gale Ranch General Plan Amendment. The project has a density of 4.9 dwelling units per acre which falls within the General Plan density range of Single Family Residential-Medium Density(3.0 to 4.9 dwelling units per acre) as proposed by the General Plan Amendment for the project. The average household will be approximately 2.5 per household and the average population densities would normally range from 7.5 to 12.5 persons per acre. Furthermore, the plottages of land uses as shown are consistent in shape and location as those shown on Map 2 of the General Plan Amendment. C. The project will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the nearby community. D. 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. E. Staff has reviewed the project and finds that it is not in conflict with the Dougherty Valley General Plan Amendment ("DVGPA") and the Dougherty Valley Specific Plan ("DVSP"). The project as proposed is substantially the same in density and intensity of use and the plottages as identified within the DVGPA and DVSP are substantially the same as those identified on Map 2 of the Country Club at Gale Ranch General Plan Amendment. General 1 . This approval is based upon the exhibits received by the Community Development Department listed as follows: A. The Country Club at Gale Ranch as authorized under the following Conditions of Approval, is subject to language contained within the Agreement to Settle Litigation Relating to the Dougherty Valley General Plan Amendment Specific Plan and Environmental Impact Report, executed between Contra Costa County, the City of San Ramon, the Town of Danville, and landowners on May 11 , 1994. Exhibits B and G of the Settlement Agreement summarizes the performance standards that the project is required to meet. The Conditions of Approval address all of the impacts of the project, as identified in the DEIR and FEIR. The Conditions of Approval are not intended to interpret or be a complete recital of all obligations of the parties under the Settlement Agreement nor do 2 they constitute any modification of that Agreement. However, the project conditions which make specific reference to the Settlement Agreement are understood to satisfy this project's obligation under that Agreement. The project, as proposed, is consistent with the Settlement Agreement. B. Exhibit A - Vesting Tentative Map received April 14, 1993 by the Community Development Department for 1 ,216 lots and (single and multi-family residences) on the 618 acre site. C. Exhibit B - Grading plan for site (shown on same sheet as Vesting Tentative Map. D. Conceptual home design dated received by the Community Development Department on July 24, 1992. The approval is also based upon the following reports: A. Preliminary Geotechnical Investigation prepared by ENGEO and dated received July 24, 1993 by the Community Development Department. B. Landscape Plan prepared by Samson Associates and dated received April 14, 1993 by the Community Development Department. Unless otherwise indicted,the following conditions shall be complied with prior to filing the first Final Map. The maximum number of lots approved for this development/subdivision is 1,216 lots. 2. The approval is for a three (3) year period which may be extended for an additional three (3) years. An extension request must be submitted prior to expiration of the initial approval and must be accompanied by the appropriate filing fee. An extension request is subject to review and approval of the appropriate hearing body. 3. The approval of the Rezoning/ Preliminary Development Plan 3010-RZ, and Final Development Plan 3010-93 shall run concurrently with the time limits of SUB #7796. 4. The development shall be done in phases as shown on the approved phasing map dated received April 14, 1993 by the Community Development Department. Phasing may be overlapping and may be revised subject to the approval of the Zoning Administrator. 5. 3 ............ .. ....._ ......... .._. ..... . .... ..e...........-...-.-.................. ... : <reeor.:.► ».:;:;..; :;naEa ; <ar::.>::r :.:sl:ons »a..< ::.;. >fn::Erna p.. Y..::... i............... r. a ` >< ;:<>': '. �I�e`'i `' �aliF[a'tin[� ctmrn port and sub eet o rev. .. .an .oval f.the..Zor�m . ......................................... irr nrr' 6. This subdivision is approved contingent upon approval of the rezoning request (3010- RZ) from A-80 to P-1 and General Plan Amendment 5-94-SR. 7. Pursuant to Government Code Section 66474.9,the applicant(including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the Contra Cosa County Planning Agency and its agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents, officers, or employees to attack, set aside, void, or annul, the Agency's approval concerning this subdivision map application, which action is brought within the time period 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. 8. Covenants, Conditions and Restrictions shall be submitted for review with the Final Subdivision Map, and shall be subject to review and approval by the Zoning Administrator. This document shall provide for establishment, ownership and maintenance of the common open space and parking, fire protection, fencing, private streets and drainage maintenance, keeping of pets and establishment of signs. The Covenants, Conditions and Restrictions (CC & Rs) developed for this project shall include the following deed restrictions: A. (Example) No recreational vehicle, boat, boat trailer or mobilehome shall be stored on the site overnight. Exterior materials and colors shall not vary from the palette approved for the original homes or subject to review and approval of the Homeowners Association. 9. k€ an 'twr3rs. ssaG:atEnicujty: rvicearea �g)}t�ng asdtardscaediszrEct�geolog►e . : z 'rc. batemeri t#f frac . h It J3 Qrrr ed fir them �ri e ar�ce of;the pi v to streets . .:.....:. ...:::....... ... ... .: pe .:s :sic :)ares; ::shouvn:>on<>tl e:>T ntaby.. S bdir�rs on [ 1a t en ace..of€erect :::::::::::P..:::::::::::.:::.::..:..:..::::........:::::::..............::::::::::::::::.:::..::::::.:::....:.::: :: ...... . P.::.:: .13.:._::.._.E : .:::....... .::......: .:::: ce:pt :b >: l :i l=as ;Br R"" irriatrk DiStrGt sfja)] bees�gteds aped FinaJ:?l la .far :t i!ii-y dus bases of the raeot R �v.na( trails p ...::::::..,::0*.W.::P.: P .:#.: 9.:: riKlrl[ tt€ h> id:::>pry' e ::>vuilfedv�rr� or�a�;{'.Aro eft rr►aps ��................9. ..........::...... J............ 3....... 10. A copy of the project's Covenants, Conditions and Restrictions shall be submitted to the Community Development Department. 11 . At least 30 days prior to filing the Final Map, plans shall be submitted for review by the Community Development Department, Graphics Section, to obtain addresses and for street name approval (public and private). Alternate street names should be submitted in the event of duplication and to avoid similarity with existing street names. 4 The Final Map cannot be certified by the Community Development Department without the approved street names and the assignment of street addresses. 12. All P.G.& E. vaults shall be underground. 13. Prior to the issuance of building permits, the applicant shall submit a detailed 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. Land Use 14.* At least 30 days prior to filing the Final Map for the first phase, provide interface buffer plan. The project proponent shall provide a plan that indicates how the development would apply buffer design features to minimize land use incompatibility in the area shown in Figure 4-2. This plan shall incorporate specific design features that would be provided to create a visual buffer in these areas including landscaping, fencing, grading, natural topographic features, building orientation, and other approaches to sensitive site planning of the affected land use interface. The plan shall provide for a visual screening using greenbelts of trees on slope areas between the developments, as considered feasible and appropriate by the geotechnical engineer. This may require the project proponent to obtain slope easements. The buffer areas shall be installed/planted prior to issuance of building permits for that phase of construction. (MM 4.1) Air Quality 15.* Sprinkler water on exposed soil on the construction site to prevent airborne dust from leaving the site. The project proponent shall use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site, and increase watering frequency whenever winds exceed 15 mph. Because of the importance of water conservation, only recycled water should be used for compaction and dust- control purposes, if an adequate supply of reclaimed Nater is available on-site or reasonably close to the project site. (MM 7.1 ) 16.* Spray dirt stockpile areas daily. The project proponent shall spray all dirt stockpile areas daily as needed, including weekends and holidays as needed. 17.* Implement permanent dust-control measures. The project proponent shall implement permanent dust-control measures identified in the approved project revegetation and landscape plans as soon as possible following completion of any soil-disturbing activities. (MM 7.2) *Mitigation Measures 5 18.* Plant native grass in areas of exposed soil that will be reworked more than one month after initial grading. Exposed ground areas except finished graded pads that are planned to be reworked more than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. (MM 7.4) This condition shall be implemented as part of the erosion control plan. 19.* Stabilize areas of disturbed soil not subject to revegetation. The project proponent shall stabilize all disturbed soil areas not subject to revegetation, using approved chemical soil binders, jute netting, or other methods approved in advance by the BAAQMD. (MM 7.5) This condition shall be implemented as part of the erosion control plan. 20.* Restrict construction vehicle speeds to 25 mph or less on unpaved surfaces. The construction vehicle speeds shall not exceed 25 mph on any unpaved surface at the construction site. (MM 7.6) 21 .* Use electric-powered equipment. The project proponent shall utilize electric-powered equipment where practical. (MM 7.7) 22.* Maintain and operate equipment according to manufacturers' specifications. The project proponent shall maintain and operate equipment according to manufacturers' specifications, except as required by mitigation measure 7.9. (MM 7.8) 23.* Implement engine timing retard. The project proponent shall implement engine timing retard (4 degrees) for diesel-powered equipment or as recommended by manufacturers (MM 7.9) 24* Install catalytic converters. The project proponent shall install catalytic converters on gasoline-powered equipment where required by law. (MM 7.10) 25.* Use gasoline-powered equipment. The project proponent shall substitute gasoline- powered for diesel-powered equipment where feasible. (MM 7.11) 26.* Shut off idling equipment. The project proponent shall reduce construction equipment emissions by shutting off equipment that would otherwise idle for more than 15 minutes. (MM 7.12) 27.* Implement intersection mitigation measures. The project proponent shall implement the intersection mitigation measures detailed in Chapter 6 "Traffic and Circulation". (MM 7.13) 28.* Implement transportation,control measures. The transportation control measures listed below are consistent with the proposed guidance in TCM 16 of the BAAQMD 1991 CAP. These measures shall be implemented by the project proponent or other appropriate provider. *Mitigation Measures 6 Commute Travel A. Vans/carpools. Prior to filing the first Final Map designate areas for carpools and vanpool pickup and parking. A community bulletin board will be available for carpool and vanpool notices. Non-commute Travel A. Recreation. The project shall include recreation facilities, such as open space for hiking and parks, within walking and biking distance of residential units. (MM 7.14) 29.* Modify traffic signal timing. The County shall modify signal timing to improve arterial traffic movement. (MM 7.15) Noise 30.* Employ noise-reducing construction practices. The project proponent shall employ noise-reducing construction practices to reduce the exposure of on-site and off-site land uses to construction noise by incorporating the following measures into contract specifications before the County's issuance of grading permits: A. All equipment shall have sound-control devices no less effective than those provided on the original equipment. No equipment shall have an unmuffled exhaust. B. As specified in the CCCGP noise element, construction activities shall be concentrated during hours that are not noise-sensitive for adjacent land uses and should be commissioned to occur during normal work hours to provide relative quiet during the more sensitive evening and early morning hours. The County shall set the hours of heavy equipment operation when considering tentative map approval. C. As directed by the Contra Costa County Community Development Department, the contractor shall implement appropriate additional noise mitigation measures, including, but not limited to, changing the location of stationary construction equipment, shutting off idling equipment, rescheduling construction activities, notifying adjacent residents in advance of construction work, or installing acoustic barriers around stationary construction noise sources. (MM 8.1 ) D. 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 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 *Mitigation Measures 7 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. E. 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. F. 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 provision for an on-site area in which to park earth moving equipment. Prior to issuance of grading permit, the project proponent shall prepare a construction access road program to be reviewed and approved by the County, City of San Ramon and Town of Danville. 31 .* Provide disclosure statement to future home buyers. The proponent shall prepare a specific disclosure statement to future buyers of homes located adjacent to the golf course, informing them of the potential for intermittent early morning noise impacts. (MM 8.2) 32.* Construct soundwalls between Bollinger Canyon Road and noise-sensitive land uses and include noise-reducing measures in building construction. The project proponent shall retain a qualified acoustical engineer to evaluate the site-specific traffic noise conditions at residential land uses and the church site adjacent to Bollinger Canyon Road, taking into account shielding from local topography. Where traffic noise conditions on residential lots and on the church site exceed an LDN of 60 dB, the engineer shall determine the optimum height and location of soundwalls to reduce traffic noise. After approval of the soundwall noise attenuation design by the County, in conjunction with the City of San Ramon the proponent shall then construction the soundwalls as specified. *Mitigation Measures 8 Where soundwalls will not reduce traffic noise below 60 dB-LDN, such as areas where the soundwall would not block the line of sight between the roadway and two-story dwellings or where walls are impractical or undesirable, acoustical treatments identified by the engineer should be incorporated-into the design and construction of affected dwellings and noise-sensitive buildings so that projected interior noise levels are less than 45 dB-LDN. Where additional noise reduction is required to achieve an interior noise level of 45 dB- LDN or less, the following features should be incorporated into the project design to reduce interior noise levels: A. Minimize the extent of windows, glass sliding doors, vents, and other openings in building shell walls that face roads or railways. B. Orient garages and activity rooms so they will shield bedrooms and other noise- sensitive areas of dwellings from exterior noise sources. (MM 8.3) Public Services and Utilities 33.* Install an on-site water distribution system approved by EBMUD and pay connection fees to finance off-site improvements. The engineering design of this water system shall be approved by EBMUD as a condition of final development plan approval and shall be installed before issuance of occupancy permits. The County shall also condition project approval on payment of connection fees to EBMUD to finance construction of needed facilities and provide water service to the site. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measure. (MM 9.1 ) 34.* Require water-efficient landscaping irrigation. The County shall require landscaping for which the County has regulatory responsibility to be irrigated with drip systems or water-efficient sprinkler systems, which shall be: A. Calibrated to deliver only the amount of water necessary to sustain the irrigated species. B. Timed to operate in the early morning. C. Designed and adjusted to avoid spray-over onto adjacent barren surfaces (such as sprinkler spray-over from median strip irrigation onto adjacent asphalt). Additionally, the project proponent shall install a sleeving system capable of allowing distribution of reclaimed water to the golf course, public: parks and landscaped areas and (private) common area landscape in accordance with the project improvement plans. This will allow reclaimed water to be provided to the project if reclaimed water service to the project site is developed and the County deems its implementation is feasible. (MM 9.2) *Mitigation Measures 9 35.* Require demonstration of adequate water supply. In accordance with General Plan policies, the County shall require the proponents of development projects within EBMUD's service area to demonstrate at the project approval stage that EBMUD can provide adequate water to serve the project. (MM 9.3) 36.* Continue to implement CCCGP wastewater management policies and programs. The County shall continue to implement CCCGP Policy 7-33 to require new development to demonstrate wastewater treatment capacity and implementation measure 7-t to conditionally approve all tentative subdivision maps and other preliminary development plans on verification of adequate wastewater treatment capacity for future projects within Central San service area. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measures. (MM 9.7) This is the responsibility of Contra Costa County. 37.* Prior to filing the first Final Map, establish a supplement law enforcement service funding mechanism to provide the equivalent of 3.3 officers. The project proponent and the County shall identify and implement a funding mechanism that could include formation of a project-specific police service district, formation of a CSA, annexation to the countywide P-6 police service district, or other financing mechanism necessary to deploy the equivalent of 3.3 officers (at project buildout) and all associated training and capital equipment costs to provide traffic- and non-traffic related law enforcement service to the project site. If feasible, a project-specific police service district should be formed which would assume traffic related services from the CHP. (MM 9.8) 38.* Integrate defensible space features. The project proponent shall integrate defensible space features recommended by the CCCSD into the project design. These features should include: A. Landscaping parks, open spaces, and trails to allow observation from roadways and adjacent residences. B. Designing trail fencing to provide maximum visibility from surrounding roadways. C. Designing and spacing light standards in parks and along trails (as appropriate) to provide continuous twilight-level intensity night lighting. D. Designing vandalism-resistant features, such as unbreakable lenses, into light standards. (MM 9.9) 39.* Establish a substation funding mechanism. The project proponents shall contribute to a fair-share contribution toward provision of additional substation space. The contribution may be authorized under an assessment district, establishment of a CSA, or other appropriate method. The contribution shall be adequate to fully fund development of additional substation space at a ratio of 155 square feet per 1 ,000 *Mitigation Measures 10 population to implement CCCGP Policy 7-57. The project's fair-share contribution would be based on the cost to provide approximately 516 square feet of substation space 0 55 square feet multiplied by 3.322; based on a project population of 3,332). The funds obtained from the project should be combined with funds from assessments of other future projects in the substation service area and held on account until sufficient funds are available to feasibly construct the required substation space. (MM 9.10) 40.* Ensure adequate fire protection service. If fire protection service is to be provided by DRFA (rather than SRVFPD), ensure that the 5-minute response time standard of CCCGP Policy 7-63 is met, the project proponent to locate a temporary fire station on the project site to serve project development. A residence on the project site could be used as a fire station. During the first phase of project construction, the station should be equipped with one structural fire engine and a crew of three full-time firefighters. Additional equipment and staffing should be provided as needed during future phases of the project to ensure that the 5-minute response time standard is met. (MM 9.11) A. Identify Location: At least 18 months prior to initial occupancy determine in consultation with DRFA the location of the fire station. B. Determine Size: At least 18 months prior to initial occupancy DRFA shall determine the size of the facility. C. Identify Funding: At least 18 months prior to initial occupancy. D. Establish a Design/Construction Schedule: At least 18 months to initial occupancy. E. Assure Funding/Commence Construction: At least 12 months prior to initial occupancy. F. Delivery of Completed and Operational of Facility_: Prior to initial occupancy. 41.* The project proponents shall implement and maintain wildland fire protection measures. These measures shall meet the approval of the fire protection district responsible for the project site (either SRVFPD or DRFA), but may include any or all of the following measures: A. Continue grazing leases on the undeveloped portions of the project site for as long as feasible to reduce fuel volume of annual grasslands. B. Construct and maintain irrigated fire buffers 25 - 50 feet wide in wildland/urban interface areas to be designated on all final subdivision maps. *Mitigation Measures 11 eliminate flammable materials and keep yard areas in a debris-free and fire-safe condition. D. Construct and maintain emergency vehicle access to open space areas in accordance with fire protection standards. (MM 9.12) 42.* Ensure that fire protection service meets performance standards. If new equipment must be purchased or a new fire station must be established to meet this standard, the project proponent shall be required to supply supplemental funding necessary to purchase the equipment or to construct an adequately equipped temporary or -permanent fire station. Mechanisms available to generate this funding include a county _ service area or other appropriate funding mechanism. The equipment or station to be funded by the development shall meet with the approval of the responsible fire agency. (MM 9.13) 43.* install sp":nInrrR!e systems, w TeFe-r-egUifed-by theUnifeFm Firezede eF-the Statz-iFe B aFshall that fiFe (MAPA 9.14) �„�„-rte-��es�ee eq�a�^. 1stflpkler ssterr� ere:.reujredTocalyd�nance, tl�e Uniform Eire bode �r ..... S . Irlall, r�sur4 fire reSlJcSo rs edequafe_. tMNf 9 14j 44.* Prepare and implement a fire management program, meets with the approval of the responsible county fire agency. The fire management program shall describe measures to be implemented that would reduce the incidence of wildland fires and potential for wildland fire damage. Measures to be described in the plan include controlled burning, fuel removal, establishment of fire roads, fuel breaks, and water supply. (MM 9.14) m:t n' n fEr Jis "r Qr p S e e.::e.y cce5s:a.:::d.....: J. ht�r� 9 9 ins ec�ed n` a v)raC .. sha 1 be a ra�lab e, ><These measures. a #� P a d pp oved by the r S3 .......,fir . rtcy:.:4l tNl'9 1 ) 45.* Pursue funding for construction of an additional elementary school. SRVUSD has applied for Priority One status for construction of the planned Tassajara Valley Elementary School, which would have a 660-student capacity and is expected to accommodate elementary school students in the eastern part of the district. If the proposition fails, or if funding is not secured from that bond issue, SRVUSD and Shapell Industries should pursue other state, local, or private sector funding for construction of the proposed Tassajara Valley school. (MM 9.16) *Mitigation Measures 12 46.* Pursue annexation of a school site into the service districts of water and wastewater service providers and identify other potential school sites. The project proponent, the County, and/or other interested local agencies shall propose and support annexation of a school site adjacent to the project into the service districts of water and wastewater service provider. Additionally, the project proponent and school district should cooperate in identifying other sites in the area that might serve as suitable locations for an elementary school, in furtherance of SRVUSD/Shapell Industries agreement for the provision of additional school facilities. (MM 9.17) 47.* Provide funding for temporary facilities if student generation exceeds the actual - capacity-of the SRVUSD. The Community Development Department shall require that the project proponents establish an acceptable funding mechanism and plan for providing temporary modular buildings, until new facilities can be constructed, for any off-site elementary school(s) affected by students generated by the project if SRVUSD is unable to accommodate additional students anywhere in the district. (MM 9.18) 48.* Require annual review of student generation and facilities capacity. During project construction, the Community Development Department,the project proponent, and the SRVUSD shall meet annually to review and monitor the number of students being generated by the project, the progress of schools under construction, and the number of building permits issued, in order to determine the necessity for the implementation of any or all of Mitigation Measures 9.16, 9.17 and 9.113. (MM 9.19) A. Identification of school site by Shapell to the San Ramon Valley Unified School District shall occur upon issuance of the 1 350t building permit issued for the Gale Ranch projects (West Branch and Country Club at Gale Ranch). The school site shall be selected in consultation with the San Ramon Valley Unified School District, and with approval of the State Department of Education. B. Construction of the elementary school shall commence upon issuance of the 1 ,400th building permit (Phase I). Commencement of construction shall be defined as the preparation of the foundations for the school buildings. Thereafter, construction shall be continuous, and the school shall be completed within 18 months from the commencement of construction. C. An elementary school to house 300 students shall be completed and delivered fully operational to the San Ramon Valley Unified School District prior to or upon issuance of the 1,570th building permit. The elementary school shall include all core facilities, such as multi-purpose room, ball fields, playing fields, parking, administrative offices, computer and science labs, special education resource rooms, and a library. The core facilities shall be constructed to provide services to 650 children, which is the ultimate student population of this facility, once fully completed (Phase I completed). Provision of the school by Shapell does not include provision of furniture, equipment, school supplies or books at Shapell's expense. *Mitigation Measures 13 D. Upon issuance of the 1 ,749th building permit, construction shall commence on the additional classrooms to house a total of 650 children (Phase II). Thereafter,construction shall be continuous and the additional classrooms shall be completed within 18 months. E. Completion of Phase II prior to or in issuance of the 1 ,884th building permit, or upon generation of the 433rd child in the Gale Ranch projects, whichever occurs first. In the event that additional construction in the Dougherty Valley commences during this period, and the thresholds as applicable in the 1992 agreement are met first (i.e., generation of the 433rd student in the Dougherty Valley area, which excludes West Branch), then this 1992 agreement shall apply. F. The design, layout, specifications, site preparation and construction inspection shall be performed by an architect selected by the school district and approved by Shapell, who will be paid by Shapell. Shapell's approval or disapproval of each architect proposed by the district in writing shall be exercised within 30 days of the submittal. The quality of the elementary school will not exceed the State School Building Standards as defined by the Leroy Greene Act and will not exceed the 30% State Required Relocatable Teaching Stations. G. The San Ramon Valley Unified School District will provide to Shapell necessary information regarding student generation rates in the affected area within 90 days of any written request to do so. The School District will cooperate with Shapell conducting environmental review of the site selection and proposed construction projects, and in obtaining all necessary approvals and permits for the construction of the elementary school. H. Bi-annual meetings will occur between the School District and Shapell to evaluate the number of building permits issued and the actual student generation rates so to verify the phasing schedule for possible adjustment to a later phasing schedule. Any adjustment shall be at the sole discretion of the School District. Annual meetings will occur with the Contra Costa County Community Development Department, Shapell and the School District. I. If commencement of construction and completion of the elementary school do not occur as described above, upon the request of the, School District, the County shall not issue further building permits until the scheduled events occur. 49.* Continue to implement CCCGP policies and programs to support schools. The County shall continue to implement CCCGP Policy 7-144 to support provision of quality schools by coordinating development review for future development with SRVUSD, including such activities as designating school sites, obtaining dedications of school sites, and supporting local fees, special taxes, and bond issues intended for school construction within SRVUSD. (MM 9.20) *Mitigation Measures 14 50.* Ensure that childcare facilities are provided. The project proponent shall ensure that child care facilities are provided to serve the project according to the County's child care ordinance as a condition of project approval. This could include identifying capacity at existing child care centers or dedicating and ensuring the construction of additional facilities. Child care facilities should be located on school sites or transit routes and within 0.25 mile of the schools that the children housed at that facility attend and according to general plan Policies 7-151 , 7-152, and 7-155. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measures. (NIM 9.21 ) 51 .* Develop parks and pay-in lieu fees for additional parkland. The County shall condition approval of the project on development and dedication of the on-site parks to meet County standards and should require the project proponent to pay park dedication in lieu fees as specified by County Ordinance for those dwelling units not mitigated by the provision of 7.4 acres of on-site parkland. The in lieu fees should be held in a separate account to fund future park facilities on land dedicated by the project proponent. Alternatively,the project proponent may purchase or build facilities off-site equal in value to the expected fee contribution. The County should establish a mechanism to collect and apply these fees as appropriate to meet CCCGP Growth Management Element, Public Facilities/Services Element, and Open Space Element policies. A county service area may be an appropriate vehicle to hold and distribute the fees. If the project is annexed to San Ramon, the same optional mitigation measures would apply. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measures. (MM 9.22) 52. The 5-acre park north of Bollinger Canyon Road shall be enlarged to 7.5 acres to accommodate a balIfield/soccer field. The two pocket parks south of Bollinger Canyon Road may be eliminated. 53. Prior to filing the final park plans with the Community Development Department, the City of San Ramon shall have the opportunity to review and comment on the plans. The plans shall incorporate at a minimum the following features: A. Ballfield/soccer field. B. Restroom. C. Picnic area. D. Kids play area. E. Telephone. F. Drinking fountain. *Mitigation Measures 15 Soils and Geology 54.* Prepare final grading plan to reduce cuts and fills, and employ landform grading techniques. Project proponent shall direct preparation of a final 40-scale grading plan that includes reduced depth and amount of excavation and fill and the employment of landform grading techniques wherever feasible and where such reduction will not result in an increase in geologic and soil-related hazards such as landsliding. The final 40- scale grading plan shall be based on geotechnical criteria provided by the geotechnical engineer for the project (ENGEO, 1992). Additionally, the 40-scale grading plan shall be used to implement Mitigation Measure 11 .1, described in Chapter 11 of this EIR. This mitigation measure employs appropriate landform grading techniques to emulate natural landforms. (MM 10.1) 55.* Provide earthquake insurance information. The project proponent shall provide to all project property owners at the time of their property purchases information that discloses the ground shaking intensity predicted for the project area, and brochures about earthquake preparedness and household hazard reduction and the need for and purpose of earthquake insurance. This information shall be accompanied by a statement that recommends that the property owner consider purchasing earthquake insurance and that includes an affidavit acknowledging that the property owner understands the information and is assuming responsibility for the decision to purchase or not to purchase earthquake insurance. Compliance would be verified through the Department of Real Estate in the Final Public Report. (MM 10.2) 56.* Monitor earthquake fault location. The location and nature of the Sherburne Hills Fault shall be investigated by an engineering geologist making field observations during the course of project grading and excavation. Based on the results of this investigation, the project proponent shall alter the location and design of structures that may be on or near the fault, if such alteration is determined to be prudent in the judgment of the engineering geologist and geotechnical engineer. This measure is especially pertinent to grading associated with the proposed school sites near the Sherburne Hills Fault northeast of the project site boundary. (MM 10.3) 57.* Avoid landslide and colluvium areas. The project proponent shall ensure that the final grading plan avoids development on existing and active landslides, areas of thick colluvium, and zones where debris flows end, except where those conditions have been repaired and stabilized consistent with Mitigation Measure 10.5. Debris flows located in designated open space, park, or golf course areas should be repaired if determined to be prudent in the judgement of the engineering geologist and geotechnical engineer, or these areas should be avoided and posted to limit public access to protect public safety. (MM 10.4) *Mitigaiton Measures 16 58.* Stabilize landslide and colluvium areas. The project proponent shall ensure preparation of a final grading plan that would result in stabilizing landslide and colluvium areas. The following recommendations of the geotechnical exploration report shall be imple- mented: A. Excavate unconsolidated and unstable earth material and colluvium subject to a landslide hazard down to bedrock and replace with compacted and engineered fill. B. Excavate keyways into firm and stable material and then backfill with compacted material. Appropriately engineered buttresses and retaining walls, debris benches, catchment and deflection structures, and surface, subsurface, and keyway drainage facilities should be constructed, where necessary, according to the specifications in the geotechnical report (ENGEO, 1992). C. Set back all permanent structures from the base of uphill slopes a distance equivalent to one-half the vertical slope height or a maximum of 15 feet. (MM 10.5) 59.* Stabilize expansive soils. The project proponent shall direct preparation of a final grading plan that would ensure stabilization of expansive and compressible soils. The following recommendations of the geotechnical exploration report shall be imple- mented. One or more of these shall be applied at the discretion of a geotechnical engineer: A. Install piers below the zone of moisture fluctuation and a grade beam foundation or a rigid mat foundation as appropriate, according to the design criteria contained in the geotechnical report (ENGEO, 1992). B. Use appropriate guidelines for slab-on-grade construction for secondary slabs, as established in the geotechnical report (ENGEO, 1992). C. Maintain moisture content of exposed soil by sprinkling for several days before foundation construction. D. Maintain special requirements for the compaction of expansive soils within the upper 5 feet in building areas to reduce the swell potential to acceptable values. Use the specifications contained in the geotechnical report (ENGEO, 1992). E. Chemically stabilize the expansive clay material under roadways or large building areas with lime. (Implementation of this measure is limited by the high lime content in the naturally occurring soil profiles.) *Mitigation Measures 17 F. Restrict post-construction moisture content of soil material under or near struc- tures by a combination of grading for proper drainage away from structures, installation of closed stormwater drains, construction of foundation subsurface drains and underfloor drains, allowance for crawl space ventilation, and emplacement of impermeable barriers. Apply techniques as appropriate, according to the specifications in the geotechnical report (ENGEO, 1992). G. Require evaluation of xeriscaping in landscape design and maintenance to minimize increases in soil moisture caused by landscape irrigation. If deter- mined to be effective for these purposes, require or strongly encourage xeriscaping, where feasible. (MM 10.6) 60.* Control fill material and placement. The project proponent shall prepare a final grading plan that ensures control of fill material and placement. The following recommenda- tions of the geotechnical exploration report should be implemented; where necessary, an alternative method to reduce this impact: A. Fill materials shall be placed at a depth recommended by the geologic engineer, based on the expansion potential of the specific material being handled. B. Compact fill material to the minimum standards recommended in the geotechn- ical report (ENGEO, 1992). C. Reduce settlement potential by entirely removing alluvial and colluvial soil material from fill areas in excess of 15 feet in depth. D. Place a geogrid isolation mat at a shallow depth within fill material, according to specifications in the geotechnical exploration report (ENGEO, 1992), where lateral deformation tolerance is low and such placement is judged advisable by the geotechnical engineer. E. Sub-excavate soil material and replace with engineered fill to achieve a fill thickness under individual buildings that will not exceed 10 feet. (MM 10.7) 61 .* Prepare an erosion control program. The project proponent shall direct preparation of an erosion control program to control short-term and long-term soil erosion and sedimentation in Coyote Creek and West Branch Alamo Creek. The erosion control program shall be prepared to meet the requirements of the Contra Costa County Public Works Department and all requirements of the County grading and erosion control ordinance and shall be approved by the County before commencement of grading. The erosion control program shall generally include the following elements, as required by the County: *Mitigation Measures 18 A. Goals for grading, stabilization, and revegetation consistent with the final grading concept plan. B. Species lists, planting density, and irrigation requirements for restored areas. C. Locations of all areas where vegetation will be removed. D. Methods to stabilize these areas. E. Locations of areas to be revegetated and types,, quantities, and methods of seeding, mutating, planting, fertilizing, and irrigating planted areas. F. Methods to reduce run-off across cut-and-fill slopes and other graded areas. G. Location and function of sediment traps and debris basins, methods of using the proposed detention basins as sediment traps during construction, provisions for removing sediment after construction, disposal locations and provisions for long-term maintenance, location and type of temporary measures such as hay bales, earth berms, sand-bagging, or silt fences. H. A schedule for implementation so that all erosion control measures will be installed and maintained throughout the rainy season of each construction year. The erosion control plan shall also incorporate and implement the following recommen- dations of the geotechnical exploration report: A. Conduct grading and other land disturbance during the normal dry season from April 15 to October 15, to the fullest extent possible. B. Divert water from slopes at all times during grading and construction when there is a threat of heavy rainfall. C. Construct concrete or asphalt drainage facilities to divert surface water run-off from slopes with heights in excess of 30 feet. D. Control stream channel erosion by a combination of slope protection, removal of channel debris, rerouting and reshaping of the channel, and revegetation of stream banks. E. Hydroseed and landscape graded slopes as soon as possible following completion of grading or prior to October 15 of the year grading is performed. Slopes should remain vegetated thereafter. F. Landscape with drought-tolerant vegetation with drip irrigation at a low frequency. (MM 10.8) *Mitigation Measures 19 62.* Stockpile topsoil The project proponent shall direct that the following procedures for stockpiling, topsoil are incorporated into the final grading plan (Mitigation Measure 10.1) and the ECRC (Mitigation Measure 10.8), and are implemented: A. Remove and stockpile the surface layer of soil (AP horizon) in all locations where this is feasible before mass grading begins. This soil shall be conserved and managed for future replacement on all landscaped and revegetated areas after the completion of grading. The depth of the AP horizon is typically 5 inches for both the Diablo and Clear Lake soil series. The stockpiled surface soil material shall not be piled to a depth greater than 4 feet. If stock piled longer than six months, the surface soil material should be stockpiled for the minimum time feasible, but in any case, stockpiling duration shall not exceed 2 years. The stockpiled surface soil material should be replaced with a minimum of compaction, which is any case should not exceed the bulk density of the naturally occurring surface soil horizons. (MM 10.9) 63. Design water storage tanks,water distribution lines,and the wastewater collection line to resist potential damage. The project proponents under direction of EBMUD shall design all water and wastewater infrastructure based on a grading plan and engineering geotechnical study prepared as part of grading plans under Mitigation Measure 10.1 . The grading plan shall be reviewed and approved by the County Geologist or an engineering geologist acting on behalf of the County prior to the County's approval of the grading plan for the affected property. Design of water and wastewater infrastructure is also subject to review and approval by EBMUD and Central San. (MM 10.10) Visual 64.* Emulate existing landforms. The project proponents shall design final grading to emulate existing landforms in the immediate vicinity of the graded area. All engineered slope edges shall be rounded and slope percentages varied to create undulating natural- - appearing cut-and-fill slopes throughout the project development. Slopes should average 3:1 horizontal to vertical, with no cut slope exceeding 2:1 and no fill slope exceeding 2:1 in steepness. The following guidelines shall be used in the project grading design: Cut: Slopes up to 4 feet = 2:1 maximum Slopes of 4 feet to 80 feet = 3.1 to 1 maximum Slopes > 80 feet = 3.25:1 maximum Fill: Slopes up to 8 feet = 2.1 maximum Slopes > 8 feet = 3:1 maximum Slopes for buttress fills up to 12 feet = 2.5:1 maximum. (MM 11 .1 ) *Mitigation Measures 20 65.* Revegetate with native vegetation. The project proponent shall revegetate all finished graded slopes using species and patterns designed to emulate existing native vegetation patterns of the region. The revegetation program shall consider substantial tree planting on graded and slope areas where practical be designed by a qualified revegetation specialist and implemented as part of, or immediately following construction by project phase. Temporary construction slopes and other undeveloped graded areas should be seeded with a native grass and wildflower mix as specified by erosion control measures. (MM 11 .2) 66.* Minimize grading in drainage corridors. The project proponents shall minimize grading and alteration of existing landforms, creeks, and drainage elements for the golf course and other recreation areas and trails. The project proponents shall design the golf course to maintain all drainages as open drainages and use only small bridges and short culverts for pedestrian, cart path, and maintenance-vehicle crossings. (MM 11 .3) 67.* Use native-appearing construction materials and treatments. The project proponents shall stabilize creek banks and treat bridges and other improvements in the creek corridor and all recreation areas using native-appearing construction materials and treatments (e.g., wood, rocks, and textured patterned or earth-tone concrete) where feasible. (MM 11 .4) 68.* Screen development. The project proponents shall implement submitted landscape plans to screen residential development and other built facilities with berms and native vegetation where development would be visually intrusive and incongruous with entrances into the project site. All landscape plans shall meet the requirements of the County Water Conservation Ordinance. This measure shall be implemented as part of, or immediately following construction, where feasible or practical. (MM 1 1 .5) 69.* Use low-glare earth-tone colors and materials. The project proponents shall ensure that only low-glare earth-tone colors are used as the primary color for all buildings, fencing, and other structures visible from adjacent residences, gateways, important viewing locations, and recreation areas and features. The project proponents shall design any signs, other than required traffic signs, to relate to the scale of surrounding uses and landscape; the signs should be constructed of native-appearing materials and treatments (e.g,, colored and textured concrete, patterned or native stone, or wood) and shall use only low-glare earth-tone or subdued colors. color and material boards. (MM 11 .6) 70.* The project proponents shall setback all houses a minimum of 15 feet from the center of the rounded edge of a cut or fill slope or the rear property line (whichever is closer to the structure) where the structures are to be located above the slopes. For any detached housing unit with a rear yard on the golf course, off-street trails or open space, part of the rear yard setback can be 6 feet, provided that the average rear yard setback is not less than 15 feet. Storage structures over 40 inches in height will not be allowed within the minimum rear setback area on dwellings abutting the golf course, trails, or open space and shall be submitted for review and approval of the Zoning Administrator prior to issuance of building permits.. (MM 1 1 .7) *Mitigation Measures 21 71 .* Limit structure height. Structures shall be limited to 35 feet or less for all housing. The building height is defined as the distance between the average exterior grade- elevation radeelevation and the average roof height. (MM 11 .8) 72. The use of side-entry garages shall be encouraged and frontage setbacks may be reduced to 15-feet at the discretion of the Zoning Administrator. 73.* Preserve major ridgeline. No buildings or structures (including fencing walls or water tanks) shall be built in that portion of the southerly open space designated as a major ridgeline in the CCCGP and indicated on Figure 10-4. Development and management of the open space area should include provisions to protect this continuous .unbroken ridgeline that can be viewed from project gateway areas, recreation areas, residences, and other important on-site or off-site locations. (MM 11 .9) 74.* The project proponents shall design any permanent erosion control features (as may be required under Mitigation Measure 10-8) to conform with the existing topography, vegetative patterns, and colors of the area and screen these features with berms and native vegetation. Implementation of this measure should be incorporated into design of these facilities and shall be approved by the Community Development Department before the final engineering design plans for these facilities are approved by the Public Works Department of Flood Control District. (MM 1 1 .10) 75.* Provide path setbacks. The project proponents shall provide a setback for all golf course roads/paths in creek corridors and establish and maintain a native vegetation buffer in the setback area between the creek and road. The setback would vary in width according to creek size and depth. (MM 1 1 .1 1 ) 76.* Retain native vegetation. The project proponents shall retain and revegetate with native vegetation existing drainage where feasible. Creek crossings for golf course roads/paths should be perpendicular and use bridges where feasible to avoid filling creek channels. The revegetation program shall be designed by a qualified revegetation specialist implemented as part of or immediately following construction by the project phase and should be approved and monitored by the County as a condition of tentative map approval. (MM 1 1 .12) 77.* Establish a native vegetation buffer. The project proponents shall establish a native vegetation buffer a minimum of 50 feet wide (average) between creek centerlines and recreation features (e.g., golf course facilities, tennis courts, and other active recreation features) for Coyote Creek throughout the project site. (MM 1 1 .13) 78.* Design creek crossings to reduce visual impacts. The project proponents shall design the Bollinger Canyon Road crossings of Coyote Creek and West Branch Alamo Creek as bridge structures or other alternative methods that avoid physical intrusion into the channel area. The design shall incorporate innovative techniques to retain, contour grade, drain, and revegetate the bridge abutment areas. The surface texture and color *Mitigation Measures 22 used in these bridge designs should implement Mitigation Measure 11 .4. The bridges and transition design shall be approved by the Contra Costa County Public Works Department and Community Development Department. (MM 1 1 .14) 79.* Site water tanks to minimize visibility. If EBMUD requires additional water tanks in the locations indicated on Figure 10-9, the tanks shall be positioned to minimize their visibility from several directions by selecting specific site on the shoulder of hills or ridgelines and by using construction methods such as full or partial burial, construction of berms, planting of native vegetative screens, and use of low-glare earth-tone colors that blend closely with the surroundings. Underground water distribution lines shall be extended to and from the tank sites .using access roads if.feasible, rather than directly up natural slopes. (MM 1 1 .15) This is not the responsibility of the project applicant. It is the responsibility of EBMUD. 80.* Access roads shall be designed to minimize visibility and visual impacts of the access road(s) and maintenance roads at water tank sites by selecting routes that approach the site(s) from the direction of maximum tank visibility, and by minimizing road width and cut-and-fill requirements, revegetating disturbed areas with native vegetation, siting roads and varying their width to fit closely with the natural topography, designing road portions located high on hillsides to be 4% outsloping, with rolling dips and road portions located low on hillsides to be insloping with ditches and culverts. (MM 1 1 .16) This is not the responsibility of the project applicant. It is the responsi- bility of EBMUD. 81 .* in deb _eateh m ent h.,s,inJares OF en the tops f but-tFesss-fell aFetas,asfea••ih�v f W th a 15 r'ed "Erse +�7"e-read 0 sa b i l k • (MM A 11 .1 7) .......:..:....:.:.....:.:.....:............:...::::.::...... ... '.i. .......... .... .:. .,. 'i3c te<f re:;r.:.aa s to ri nirn:ze iris) [ y The praleGt pro'ponerits shall locate fsre.:road f# uu► f #h ,l4 al Serv�C provider �... abrrs atchment.basEr3 areas, �t pr r r` , } C : ttr.. s3. tll areas;as.feasE.ble to:: urther educe the fEre. aad visit lit ......(....... . ................... .................. ................... 82.* Design fencing to minimize visibility. The project proponents shall use low fencing of welded wire mesh or barbed wire strand no higher than necessary to control stock and domestic animal access. (MM 1 1 .18) 83.* Design stormwater detention facilities to fit landform patterns. The project proponents shall design stormwater detention facilities to fit the area's natural landform patterns and be curvilinear in form and with undulating sideslopes averaging 3:1 or less in steepness, use natural-appearing materials and colors for drainage facility structures, and screen all drainage facility structures from important viewpoints using native vegetation. (MM 11 .19) *Mitigation Measures 23 84.* Minimize off-site night lighting visibility. The project proponents shall design lighting for areas of concentrated night lighting, such as the club house, driving range, tennis courts,church,and parking lots,to minimize their off-site visibility by using downward- oriented high-pressure sodium lights and physical screening materials subject to approval of the Contra Costa County Community Development Department prior to issuance of site building permits. (MM 11 .20) 85.* Use low-glare earth-tone colors. The project proponents shall ensure that only low- glare earth-tone colors are used as the primary color for all buildings, fencing, pavement, and other structures visible from adjacent residences, gateways, important viewing locations, and recreation areas and features, subject to approval of the Contra Costa County Community Development Department prior to issuance of site building permits. (MM 11 .21) 86.* Delineate no-grading zones. The project proponents shall for the duration of the construction operations, stake, flag, or fence off all areas not to be graded and prohibit any construction operations in areas determined to be non-grading zones. Temporary creek crossings for construction access should be minimized and should be located at focused and pre-approved crossing locations. All creek crossings shall be restored and enhanced to conditions specified in the restoration plan. Additionally, grading and alteration of existing landforms, creeks, and drainage Elements for the construction staging areas, borrow sites, and stockpiling areas shall be conducted at pre-approved areas and should not be located in the Coyote Creek channel preservation corridor, in the West Branch of Alamo Creek (Figure 3-5), or in open space areas. (MM 1 1 .22) 87.* Implement design guidelines. The project shall be designed to ensure that urban design, architecture, and landscape design features used in the designated scenic corridor compensate for alterations introduced by the project. Project design guidelines shall be implemented to provide standards for achieving attractive, high-quality urban development that will compensate for alterations and enhance the County-designated scenic route. The archEtctra] desrgn gurderines and ficial elevations co;[or and rari'i <fCrdS.Si [t':'be:$ ljttad...P...O.. arty of;San Rarnpn fior revrew end cc�mmnt pr�csr to the►:r::;s€f)jminal to the County forting Administrator;for review and approval (MINI 11 .23) Biological Resources 88.* Avoid adverse impacts on creek and wetland habitats. The project shall avoid adversely affecting creek or wetland habitat in open space and parks and recreation use areas to the fullest extent possible during final project planning by rerouting proposed trails and pathways and relocating proposed facilities outside wetland areas. The following guidelines are designed to protect wetlands and riparian areas during and after project construction: *Mitigation Measures 24 A. Avoid placing recreational, utility, or support facilities in wetlands. B. Inform construction management and site staff of the importance of protecting natural resources during construction. A qualified biologist shall perform this tasks. C. Prepare and implement a plan for temporary construction fencing sensitive natural resource areas, in consultation with a qualified biologist. Avoid construction activities near creek and wetland habitats during the breeding season (March 15 - July 15) to minimize disturbance of breeding wildlife. In general, construction within riparian habitats, along with a 150-foot buffer zone, should be prohibited during the breeding season (March 15 - July 15). D. Retain a qualified biologist to monitor construction activities throughout the duration of the project to ensure that no construction or staging activities damage sensitive areas. E. Place signs along trails and other recreational use areas that explain the value of and threats to riparian and wetland habitats provide information on species inhabiting the riparian habitats. Place signs along trails entering the riparian corridor, wetlands, and other open space areas requiring pets to be leashed. In addition to serving as an educational tool, the signs would help discourage human and domestic pet intrusion into riparian habitats and possibly lessen further impacts on the riparian habitats. F. The amount of light broadcast in the riparian area shail be restricting. The height of light fixtures along pathways (2 - 3 feet) and shield and direct lighting downward toward the path. Within the riparian area, the amount of light broadcasted shall be restricted by limiting the height of light fixtures along the pathways to 2 - 3 feet and shield and direct lighting downward toward the path.(MM 12.1) 89.* Minimize the creation of mosquito breeding conditions. The mosquito abatement district shall be included in wetland and riparian habitat restoration and enhancement planning. Recommendations from the abatement district will be used in wetland and riparian habitat design that will minimize the creation of mosquito breeding conditions and reduce the need for mosquito abatement activities. (MM 12.2) 90.* Minimize the disturbance caused by mosquito abatement activities. The local mosquito abatement district shall minimize the disturbance caused by mosquito abatement activities in wetlands during periods of active wildlife breeding activities (March 15 - July 15). If mosquito abatement is required during the breeding season, the mosquito abatement district should conduct a wildlife survey to determine if sensitive wildlife species are present that could be disturbed (e.g., tri-colored blackbirds and other *Mitigation Measures 25 colony-nesting species). If sensitive wildlife species are present and mosquito abatement is necessary, the mosquito abatement district should contact DFG to determine the appropriate procedures. (MM 12.3) This is not the responsibility of the project applicant, but the responsibility of local Mosquito Abatement District. 91 .* Prevent or compensate for fill activities in jurisdictional wetlands. The project proponents shall prevent dredge or fill activities in jurisdictional wetland areas or compensate for unavoidable loss of on-site freshwater marsh in consultation with DFG, USFWS, RWQCB, and the Army Corps as a condition of Section 404 permit. To determine the extent and location of areas under Section 404 jurisdiction, a qualified wetland specialist shall complete the Army Corps verification of a wetland delineation of the site. Areas determined to be jurisdictional wetlands or other waters of the United States should be protected from discharges of solid or liquid construction material by erecting barricades of hay bales, dikes, or silt fences upslope from the wetlands prior to construction. Proposed enhancement of riparian areas would provide some compensation for or elimination of impacts on wetlands; however, additional mitigation would likely be required to fully compensate for the loss of wetland habitat as a condition of a Section 404 permit. A qualified restoration ecologist shall be retained by the project proponent to develop and implement a wetland restoration plan in consultation with the Corps as a condition of a Section 404 permit. The plan shall specify the replacement acreage and values required to fully mitigate wetland impacts, including performance standards, length of monitoring, funding sources, timetable for implementation, locations and treatments prescribed for individual mitigation sites, and an assessment of expected results of treatments in meeting performance standards. The mitigation would be considered successful when acres and values have been replaced, the mitigation plantings no longer require active management, and the mitigation sites are protected in perpetuity. The following elements shall be included in the restoration plan: A. The location, treatment, type, and form of planting stock appropriate for the region and wetland type mitigated. B. Salvage plans for wetland vegetation that will be affected by development of a source of seed or other propagation stock. C. Revegetation sites within protected non-development buffer zones. D. Monitoring requirements (typically annual or semi-annua! monitoring for 3 to 5 years) to ensure that plants have successfully established. E. Remedial measures, such as replanting, enhancement, and control of exotic species that could be employed to ensure success of the mitigation effort. *Mitigation Measures 26 The following elements shall also be included for loss of stock pond habitat: A qualified restoration ecologist shall develop a wetland mitigation plan in consultation with the Corps as a condition of a Section 404 permit that specifies the location, size, and habitat values of replacement stock ponds. Stock pond habitats would be considered successfully mitigated when the eliminated acreage has been replaced, similar ecological conditions such as emergent vegetation have successfully established in the replacement ponds, and replacement ponds no longer require active manage- ment. The following elements shall also be included for the loss of perennial and seasonal creeks: A. Determine appropriate compensation ratios and approaches in consultation with the Corps as a condition of a Section 404 permit. B. Assess the effectiveness of proposed creek enhancement in replacing lost functions and values. If additional mitigation is required to fully compensate for loss of perennial and seasonal creeks, identify revegetation sites within protected non-development buffer zones. C. Monitor plantings semi-annually for a minimum of 5 years to ensure that plants have successfully established. If establishment is unsuccessful, implement remedial measures, such as replanting, removal of escaped exotics, or enhancement of similar off-site occurrence. The Community Development Department shall ensure that the project proponents have complied with Section 404 of the Clean Water Act before issuing a grading permit. If the impact cannot be avoided, the project proponent shall fund preparation of a comprehensive wetland mitigation plan and begin implementation of the plan prior to construction. (MM 12.4) 92.* Expand and implement the creek revegetation plan. Implement Mitigation Measures 12.1 , 12.2, 12.3, and 12.4 and expand and implement the creek revegetation plan to include the loss of wetland habitat and riparian habitat along West Branch of Alamo Creek. Expansion and implementation of the creek revegetation plan (LSA Associates, 1992) shall be conducted to include the loss of these habitats associated with the realignment of Dougherty Road not included in the existing creek revegetation plan. (MM 12.5) 93.* Compensate for loss of willow riparian forest. If elimination of willow riparian forest is unavoidable, the project proponent shall replace lost trees by planting stem cuttings for each tree eliminated. Stem cuttings shall be planted prior to construction in open space areas or other places that will be protected from further impacts, including livestock grazing and subsequent recreational use of open space areas. Plantings shall be placed as close as possible to the site of impact, and should be collected from trees *Mitigation Measures 27 on-site or in the immediate vicinity of the Dougherty Valley area. Plantings shall be monitored and maintained semi-annually by a qualified biologist or restoration specialist for a minimum of 5 years to ensure that the trees have successfully established. Remedial measures such as replanting, installation of temporary enclosures, or irrigation should be employed if the plantings do not successfully establish during the monitoring period. Impacts on mature riparian forest would be considered successfully mitigated when plants are successfully established and no longer required active management (e.g., watering). (MM 12.6) 94.* Avoid any nesting burrowing owls. The following measures shall be implemented to determine if the owls nest on the project site, and if so, to determine what measures need to be undertaken to protect the owls from construction activities and mitigate for the loss of breeding and foraging habitat. If the owls are found to nest on the project site, nesting habitat may be created in the open space area or off the project site to provide suitably protected burrows (possibly the land adjacent to and east of the Dougherty Valley area). The owls may move to this area on their own or they may be relocated if necessary. Before any project-related construction begins, the project proponent shall conduct surveys in accordance with DFG current protocol during winter and breeding season in the specific areas to be developed in the year that construction is planned to begin to determine owl numbers, locations, and breeding activities. If the owls do not remain on the project site during the breeding season, the following task need not be implemented. The project proponent shall conduct burrowing owl surveys prior to issuance of a grading permit affecting any grassland or alkali habitats. If the owls remain at the project site, the project proponent shall submit the survey results and a mitigation plan for DFG review and approval, and in consultation with DFG, agree to a combination of mitigation techniques to minimize the impacts. They may include: A. Artificial burrow creation. B. Owl relocation. C. Habitat acquisition or enhancement. If the owls are nesting on the project site and DFG recommends additional measures, the project proponent shall follow DFG guidelines. If the owls are threatened by construction activities and other management options are not available, the owls may need to be captured and relocated to protected areas on the project site, such as in an open space area (level or nearly level grasslands) or off the project site. Relocation should be used only as a last resort. Relocating the owls would require a permit from and coordination with DFG. *Mitigation Measures 28 Throughout construction and the life of the project, no ground squirrel control programs will be permitted in the open space areas and mitigation areas. Ground squirrel control programs could kill burrowing owls or reduce nest burrow availability. (MM 12.7) 95.* Minimize golf course run-off into creek. The project proponent shall implement mitigation measures to limit golf course run-off into the creek. A. Maintain a general 50-foot buffer (average) on each side of Coyote Creek through the length of the golf course. B. Grading or irrigation in the buffer area should be permitted only with the approval of a revegetation specialist and the Community Development Department. C. Include native plants in the planting. D. Control stormwater and irrigation run-off on-site by planting dense turf grass or hydroseeding grassy slopes. E. Develop retention basins in Coyote Creek to retain run-off. F. Grade slopes to direct run-off toward swales and away from the creek. G. Direct run-off with grassy swales into rough areas. H. Construct subsurface drains to collect excess water and direct it toward grassy swales. Prior to approval of the final map, the Community Development Department shall verify that the final grading and improvement plans for the proposed golf course are designed to minimize flow into the creek. (MM 12.8) 96.* Reduce grazing intensity on grasslands. The project proponent shall manage existing grasslands in the proposed open space areas and in adjoining property under its control to reduce overall grazing intensity at the site by meeting or exceeding minimum management recommendations for leaving residual dry matter (RDW, as described for annual grasslands in the U.S. Forest Service's Range Environmental Analysis Handbook. (MM 12.9) Energy 97.* Protect solar access. Each tentative map for residential development shall incorporate design features, wherever feasible, to protect solar access. Tentative maps shall include the following elements: *Mitigation Measures 29 A. Multi-family building envelope location and building height shall be varied to avoid excessive winter shading of south-facing facades, where feasible. B. Building envelope location or setback of single family homes shall be varied to avoid excessive winter shading of south-facing facades, where feasible. C. Include provisions of control landscaping, including the locations and types of vegetation existing or to be provided on the lots. For developer-installed landscaping (1) to allow solar gain in winter months, evergreen trees shall not be located such that mature trees would significantly shade windows on the south side of a residence; (2) deciduous trees shall be planted as needed to provide shading within 5 years of east-, west-, and south-facing glazing. The same provisions would guide architectural review of landscape plans by homeowner associations. (MM 13.1) 98.* Include passive solar design. The developer shall comply with the CEC energy budget limits for the project area by using current CEC prescriptive packages. The developer shall indicate which package (or performance standard calculation) is being used during the building department plan checking process. Encourage placement of windows and shading elements to take advantage of passive solar opportunities. (MM 13.2) 99.* Include fluorescent fixtures. In addition to the requirements for fluorescent lighting in kitchens and bathrooms as prescribes, regulated, and enforced by Title 24, all lighting fixtures in non-living spaces (i.e., closets, garages, utility room., , or storerooms) shall accept fluorescent bulbs. This measure would not be included in the Title 24 compliance package for the home; it would be included as an additional conservation measure. Where appropriate, all homes shall initially be outfitted with fluorescent bulbs with color rendition similar to that of incandescent bulbs. This shall be verified before issuance of the occupancy permit. (MM 13.3) 100.* Further reduce project energy use. Water-heating energy use shall be reduced by employing high-efficiency furnaces for water heating with 5% higher efficiency than required by Title 24. Inclusion of this measure would noL be part of Title 24 compliance but rather an additional conservation measures. (MM 13.4) 101-.* Heat all swimming pools built in the project area using solar heaters or initially equip pools with solar blankets. (MM 13.5) 102.* Provide all new homeowners with a copy of the Home! Energy Manual, as currently required by Title 24. The Home Energy Manual (California Energy Commission, 1992) r provides useful information to homeowners on a wide variety of energy-conserving features, designs, appliances, and practices. This manual shall be provided in the home as is any other home or appliance warranty documentation. Compliance shall be verified by the County before issuance of occupancy permits. (MM 13.6) *Mitigation Measures 30 103.* Provide electric vehicle charging facilities. The developer shall provide within the garage area of all project homes a separate electrical circuit for charging electric vehicles. 104.* Provide accommodations for public transit. Public transit service shall be extended as development of the project occurs. Furthermore, feeder bus service to the planned East Dublin/Pleasanton Bay Area Rapid Transit (BART) station shall be provided as soon as the station is built. (MM 13.8) 105.* Provide accommodation for school bus service. Neighborhood streets in the project area shall accommodate school bus service. School bus stops shall be placed along residential streets as specified by the SRVUSD, should the SRVUSD decide to extend to the project bus service to local elementary, junior high, and high schools. (MM 13.9) 106.* Create bicycle and pedestrian routes. Pedestrian/bicycle path and trail connections between transit stops and residences shall be convenient and safe, to allow travelers to complete trips without using their automobiles. Bicycle routes shall be provided on all major streets in residential areas of the project development. Safe and convenient pedestrian access should be provided along these same routes. (MM 13.10) 107.* Provide and promulgate park-and-ride opportunities. Provision of park-and-ride facilities along major arterial streets to serve transit stops and to serve as meeting points for ride-sharing promotes a situation in which project commuters would be able to share public parking facilities for park-and-ride purposes. Because the project site is located at a major gateway to the. Dougherty Valley, a shared park-and-ride lot shall be provided as part of the project. The project proponent shall designate a site to be used as a park-and-ride lot during the week. The project proponent shall ensure development and provision of the park-and- ride lot at the selected site. The project proponent shall also notify future residents of the project of the availability of the park-and-ride lot as part of home sales disclosure documentation. Compliance shall be verified by the County. (MM 13.1 1) Affordable Housing 108. The applicant shall provide affordable housing consistent with the Dougherty Valley Affordable Housing Program, adopted by the Board of Supervisors on March 22, 1994 (or as may be amended). Cultural Resource 109.* Monitor grading activities and inform the County Community Development Department if buried cultural resources are discovered. (MM 16.1 ) *Mitigation Measures 31 110.* Prepare and implement a detailed mitigation plan for any important archeological resources discovered on the project site. If archaeological resources discovered during implementation of Mitigation Measure 16.1 are determined by the County to be important, the project proponent shall prepare and implement a detailed mitigation plan that includes procedures for resource recovery, avoidance and preservation, or restoration, based on recommendations by a qualified archaeologist. The County Community Development Department shall review the detailed studies and recommen- dations and monitor their implementation prior to resumption of grading. (MM 16.2) Signage 1 1 1 . Prior to issuance of a grading permit, submit for review and approval of the Community Development Department a sign program adhering to the following parameters: A. One major entry sign and related architectural landscape features at the Bollinger Canyon Road entrance. B. Neighborhood entry signs not to exceed 16 square feet. The signs shall be integrated with nearby wall or fence systems. C. Temporary marketing sign: One Neighborhood directional 6' X 6`6" One Neighborhood marketing 6' X 13' One Development marketing 7'6" X 16' One Model home sign 3' X 3' One Vehicular transportation directional sign 8' X 7' Landscaping 112, Open-fence walls with a solid lower portion no higher than 40-inches with grillwork or lattice work on top shall occur between private residential lots and the golf course. 113. Soundwalls located along Bollinger Canyon Road shall be submitted for review and . ................................ approval of the zoning Administrator. The soundwalls shall be setback a minirrium of 4 feet from back of sidewalk. The soundwalls shall be planted with vines or shrubbery. Submit for review and comment of City of San Ramon. 114. The landscape for the Bollinger Canyon Road entrance shall be modified to eliminate the turf and replace with drought-tolerant groundcover. 115. Prior to issuance of a building permit, submit final designs and color samples for the clubhouse for review and approval of the Zoning Administrator. *Mitigation Measures 32 1 16. Prior to issuance of a building permit, submit final designs, site plan, color samples and landscape plans comply with the County's Water Conservation Ordinance for review and approval of the Zoning Administrator. 1 17. Prior to filing the final map for the first phase, provide the placement and design of the golf ball net structures for review and approval of the Zoning Administrator. 118. ReadRe rL + +he .. ..+ EVA frem__I Lots 1013 to 1 1 43 afteF the of liability d 4e vV.i V�.� �v,♦ .�V... �VIJ IV �V LV � STV UILVI LI�V IJJUI..J ffiraintenanee have been Feselved. ?rcr . :> ::E?iC:: destrir:>tCi[: #..8: ktik .tftt:s:Afi.:: rrent.EVA frrn :::..... ::::.:: ::::::: :: .::::::::::::.:. :::.:::. .: sixr , ri:cnsu[tai�or wrth. upervrso Btshap and r z + r `rt :'' ppraval of tf � c t n y nrn drr in str .Or. 119. The final landscape plans shall consider incorporating innovative streetscape treatments, such as tree street wells. 120. Consideration shall be given to locating Lots 534-542, 976-981 , 985 and apartment units 848-885 and 840-847 further from Bollinger Canyon road after completion of the required noise study and refining of the grading plan after all modifications as required by the Conditions of Approval have been analyzed. 121 . Prior to issuance of a building permit, pay a per unit fee of $100.00 to fund the compliance monitoring programs. 122. Prior to filing the final map, the project proponent shall work with the County and City of San Ramon to establish a Community Facility fee to fund construction of a Community Center, Senior Center, Library and Police Substation. 123. The applicant shall bond with Contra Costa County off-site parkland (preferably the two school sites east and adjacent to Country Club at Gale Ranch) to provide a minimum of 6.5 acres per 1 ,000 population. The project proponent shall work with Contra Costa County and the City of San Ramon to facilitate annexation of the school sites into an appropriate water district and wastewater district. 124. Prior to filing the final map for the first phase, establish a county service area or other appropriate vehicle for funding the operation and maintenance of the project area. Road and Drainage Considerations 125. See attached. 33 ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. Applicant shall comply with the Park Dedication Fee Ordinance. B. Comply with the requirements of the Central Sanitary District. C. Comply with the requirements of the San Ramon Valley Fire Protection District or appropriate fire district provider. D. Comply with the requirements of the Health Services Department, Environmental Health Division. E. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. F. 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. G. 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. H. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Dougherty Valley Area of Benefit as adopted by the Board of Supervisors. If a JEPA is established which includes all projects which are to be included in the Dougherty Valley Area of Benefit, this requirement will be considered satisfied by payment of the associated fee. I. The project lies within the 100-year flood boundary as designated on the Federal Emergency Management Agency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 87-65) as they pertain to future construction of any structures on this property. J. The applicant will be required to pay an environmental review fee of $850.00 for the Department of Fish and Game at the end of the appeal period. Failure to do so will result in fines. In addition, the approval is not final or vested until the fee is paid. A check for this fee shall be submitted to Contra Costa County for submittal with the final environmental documents. 34 K. The applicant will be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) permit for municipal, construction 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-Regional II or Central Valley-Region V). (EIR Mitigation Measure 15.4, 15.6, 15.7) L. Vested Rights and Fees: This project is subject to the development fees and regulations in effect under County Ordinance as of August 23, 1994, 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 the conditions of approval. The fees include but are not limited to the following: Park Dedication $2,000.00 per residence. An estimate of the fee charges for each approved lot may be obtained by contact the Building Inspection Department at 646-4992. M. 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. The applicant is advised that the election process takes from 3 to 4 months and must be completed prior to recording the Final or Parcel Map. N. Expiration of Vested Rights: Pursuant to Section 66452.6(g) of the Subdivision Map act, the rights conferred by the vesting tentative map as provided by Chapter 4.5 of the Subdivision Map act shall last for an initial period of two (2) years following the recording date of the final/parcel map. These rights pertain to development fees and regulations. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period shall begin for each phase when the final map for that phase is recorded. At any time prior to the expiration of the initial time period, the subdivider may apply for a one-year extension. The application shall be accompanied by the applicable filing fee. If the extension is denied by an advisory agency, the subdivider may appeal that denial to the Board of Supervisors by filing a letter of appeal with the appropriate filing fee with the Clerk of the Board within 15 calendar days. The initial time period may also be subject to automatic extension pursuant to other provisions of Section 66452.6(g) relating to processing of related development applications by the County. i 35 At the expiration of the vesting time period, remaining development (i.e., new building permits) within the subdivision shall be subject to development fees and regulations in effect at that time. 0. The applicant shall be required to comply with the drainage fee requirements for the Drainage Area adopted by the Board of Supervisors. DJC/aa SUBXVI/7796C.DJC 10/13/94 10/25/94 11/3/94 11/16/94 11/30/94 12/13/94-BS (a) PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: December 14, 1994 TO: bie Chamberlain,Project Planner FROM Mitch Avalon, Assistant Public Work Director, Engineering Services SUBJECT: Subdivision 7796 Final Modified Conditions of Approval At their December 13, 1994 hearing on the above project, the Board of Supervisors requested all of the modifications to the conditions of approval in one document. Attached is a final set of Pubic Works conditions of approval with all modifications as approved by the Board of Supervisors on December.13, 1994. I have also faxed a copy of this final set of conditions to Brian Welsh and John Dillon. RMA:d g:7796fmal.t12 cc: J.Dillon,San Ramon B.Welsh,Danville S. Goetz,CDD C.Tmebridge,Shapell CONDITIONS OF APPROVAL FOR SUBDIVISION 7796 A. General Requirements: 1. In accordance with Section 92-2.006 of the Ordinance Code, this subdivision shall conform to all applicable provisions of the Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically fisted in this conditional approval statement. The drainage, road and utility improvements outlined below shall require the review and approval of the Public Works Department and are based on the Tentative Map dated April 19, 1993. 2. Improvement plans prepared by a registered civil engineer shall be submitted to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the Transportation Engineering Division. 3. An encroachment permit from Caltrans for construction within the State right of way shall be obtained from Caltrans through the Public Works Department, Engineering Services Division. An encroachment permit from San Ramon is required for work in the City. 4. Several of the public roadway improvements identified in the conditions of approval are located in the City of San Ramon. For purposes of implementation of those public roadway improvements which are solely within the jurisdiction of the City of San Ramon,the City shall assume the role and responsibilities of responsible agency. The City of San Ramon will be assigned primary responsibility and authority for the design, phasing and implementation of those public roadway improvements identified as Conditions of Approval for the Country Club at Gale Ranch project, which are solely within the City's jurisdiction. To fund those public roadway improvements in the City of San Ramon, as specified in these Conditions of Approval, the County will collect traffic impact fees in the amounts specified in the City of San Ramon's traffic impact mitigation fee ordinance, as defined in Resolution No. 93-23 of the City of San Ramon. These fees amount to $2178 per single family detached dwelling unit, $1222 per single family attached townhouse or condominium dwelling unit, and $1466 per apartment dwelling unit. These traffic impact fees collected by the County pursuant to this Condition of Approval shall be transferred to the City of San Ramon on a quarterly basis. Some of the public roadway improvements identified in the conditions of approval are located in the Town of Danville. For purposes of implementation of those public roadway improvements which are solely within the jurisdiction of the Town of Danville, the Town shall assume the role and responsibilities of responsible agency. The Town of Danville will be assigned primary responsibility and authority for the design, phasing and implementation of those public roadway improvements identified as Conditions of Approval for the Country Club at Gale Ranch project, which are solely within the Town's jurisdiction. 2 To fund those public roadway improvements in the Town of Danville, as specified in these Conditions of Approval, the County will collect an $89 per unit traffic impact fee. Traffic impact fees collected by the County ;pursuant to this Condition of Approval shall be transferred to the Town of Danville on a quarterly basis. The fee amounts described above for the City and Town shall be adjusted annually for inflation in accordance with the construction cost index for the San Francisco Bay Area as published in the Engineering News Record with 1994 as the base year. The timing of when a project is needed is determined by Measure C and these conditions of approval. If the responsible agency has not collected sufficient developer fees to fund an improvement when it is needed,then the developer would have to fund the difference, or construct the improvement, to ensure the improvement is built on time. The developer would then be fronting part of the construction costs which would be eligible for reimbursement from future fees. The developer and the responsible agency shall enter into a reimbursement agreement to reimburse the developer the eligible construction costs that were advanced to build the project. Prior to filing the first final map for the County Club, at the Gale Ranch project, the County shall enter into an agreement with San Ramon and Danville to authorize the collection and transfer of fees and to ensure that the fees will be held in a separate trust account,that the fees will used only on the mitigation measures required of this development, and that the improvements will be done when needed to satisfy Measure C. The County has an Area of Benefit program to ensure that development projects pay their share of subregional transportation improvements. The EIR and conditions of approval for the Country Club at Gale Ranch project have identified and required mitigation for all of the projects subregional impacts. Constructing the improvements and paying the fees identified in these conditions will satisfy this developments obligation under the County's Area of Benefit program. B. Public Roadway Improvements (Frontage): The applicant shall construct Bollinger Canyon Road through the proposed subdivision site per the detail shown on vesting tentative map 7796 except that the right of way shall be 186 feet wide. C. Public Roadway Improvements (On-Site): With the exception of the private roads which service the multiple-family units, construct the on-site road system to County public road standards, and in accordance with standard engineering practices and convey to the County, by Offer of'Dedication, the corresponding right of way.Engineering for onsite roadways shall include a requirement for a geotechnical report for the soil condition within road alignments. The roadway improvement plans shall include a statement that the design is in accordance with the recommendations of the geotechnical report and shall be signed by a geotechnical engineer. D. Public Roadway Improvements (Off-Site): 3 * NOTE: Conditions of approval marked with an asterisk (*) are proposed to be included in a Joint Exercise of Powers Agreement (JEPA) or a similar agreement which identifies a traffic fee amount and fee allocation to fund those traffic improvements identified in the Settlement Agreement. If a JEPA is approved which incudes those improvements, the conditions of approval shall be considered satisfied by payment of the associated fee. Payment of a fee to San Ramon and Danville shall satisfy the conditions of approval for any project the fee is funding. Contribute the project's fair share to a road improvement fee trust (Fund No. 819200-0800) designated for improvements to the intersections and road segments listed below. The agency responsible for implementation of the improvement is also shown for each condition. The fair share amount shall be calculated using the following formula depending if the project is on the C-1 or C-2 list of the Settlement Agreement. All projects listed in exhibit C-1 of the Settlement Agreement are to be fully funded by the Dougherty Valley Specific Plan Area projects(approximately 8500 units). The Country Club at Gale Ranch project shall be responsible for their proportionate share of these projects. This is determined as follows: Fair share(%)_ [1,216(units in GR)/8500(units in D.V.)] * 100%= 14.3% of total project cost G. R.=Gale Ranch D. V.=Dougherty Valley Projects listed in Exhibit C-2 of the Settlement Agreement are to be funded by development inside and outside of Dougherty Valley. The Dougherty Valley share (the impact of 8500 units) will be a percentage of the total project cost. The Country Club at Gale Ranch development will be responsible for 14.3%of the Dougherty Valley share of the project costs. The fair share amount of the project cost for Dougherty Valley(8500 units)was determined based on the Dougherty Valley impact divided by the impact of the cumulative future development on the subject intersection or road segment. This fair share amount is based upon the South County Traffic Study performed for the Settlement Agreement and shall be calculated using the following formula: Project share (%)=[(z-y)/(z-x)] * 100% where: x=Intersection or road segment V/C with no growth(baseline condition) y=Intersection or road segment V/C in 2000 without project z=Intersection or road segment V/C in 2000 with project V/C =Volume to Capacity Ratio for the intersection or road segment. The improvements which require the applicant's contributions are as follows: 1. Camino Tassajara/Crow Canyon Road/Blackhawk Road intersection 4 improvements. Within existing curb-to-curb pavement section, reconfigure NB approach(Crow Canyon Road)to provide two left-turn lanes, one exclusive through lane, one shared through/right-turn lane, and one exclusive right-turn lane. On Tassajara Ranch Drive, remove median and add bike lanes. (Settlement Agreement Exhibit C-1.1, responsible parry is Danville, funding source is Town of Danville fee) * 2. Sycamore Valley Road/I680 NB on-ramp/Camino Ramon intersection improvements.Reconfigure WB approach(Sycamore Valley Road)to provide one exclusive left-turn lane, one exclusive through lane, one shared through/right turn lane, and one exclusive right-turn lane. (Settlement Agreement Exhibit C-1.2, responsible party is Danville, funding source is Town of Danville fee) 3. Crow Canyon Road/Dougherty Road intersection improvements. Reconfigure EB approach(Crow Canyon Road)to provide three exclusive through lanes, and one "free"right-turn lane to SB Dougherty Road.Reconstruct SB Dougherty Road, south of Crow Canyon Road,to provide dedicated curb lane to accept right-turns from EB Crow Canyon Road. (Settlement Agreement Exhibit C•-1.3, developer responsible for construction and funding) 4. Bollinger Canyon Road/Camino Ramon intersection improvements. If needed, reconfigure SB approach(Camino Ramon)to provide two exclusive left-turn lanes, one shared through/right turn lane, and one exclusive right-turn lane. (Settlement Agreement Exhibit C-1.4, responsible party is San Ramon, funding source is City of San Ramon fee)* 5. Bollinger Canyon Road/Alcosta Boulevard intersection improvements. a.Reconfigure EB approach(Bollinger Canyon Road)to provide one exclusive left- turn lane, three exclusive through lanes, and one exclusive right turn lane. Reconfigure SB approach(Alcosta Boulevard)to provide one exclusive left-turn lane, two exclusive through lanes, and one exclusive right-turn lane. These improvements include the entire intersection up to the east end of the curb returns on Bollinger Canyon Road east of Alcosta Boulevard. (Responsible party is San Ramon, funding source is City of San Ramon fee). b.Reconfigure WB approach(Bollinger Canyon Road)to provide one exclusive left turn lane, three exclusive through lanes, and one exclusive right turn lane. Widen Bollinger Canyon Road, east of Alcosta Boulevard, to provide three through lanes, plus turn lanes as needed, in EB and WB directions from Alcosta Boulevard to project limits. Construct traffic signal at Canyon Lakes Drive (Developer is responsible for construction and funding). (Settlement Agreement Exhibit C-1.5) * (EIR mitigation measure 6.18 and 6.19) 6. Dougherty Road, re-alignment and construction of a six lane facility between the northerly project limits and Crow Canyon Road. (Settlement Agreement Exhibit C- 1.6, developer responsible for construction and funding) 5 7. Windemere Parkway/Camino Tassajara Road intersection improvements a.Provide left turn channelization, a four phase traffic signal, and tapers on Camino Tassajara to transition from six to four lanes north of the intersection. (Settlement Agreement Exhibit C-1.8, EIR Mitigation Measure 6.17, developer responsible for construction and funding.)* b. Provide a "free" eastbound right turn lane with sufficient acceleration in the southbound direction (EIR Mitigation Measure 6.17, developer responsible for construction and funding.) 8. Crow Canyon Road, widen to six lanes between Dougherty Road and Tassajara Ranch Road. (Settlement Agreement Exhibit C-1.9, developer responsible for construction and funding) 9. Crow Canyon Road a. Widen Crow Canyon Road from 4 to 6 lanes from Alcosta Boulevard to the western boundary of the West Branch development, approximately 1800 feet west of Dougherty Road. (Responsible party is San Ramon, funding source is City of San Ramon fee) b.Widen Crow Canyon Road from 4 to 6 lanes from Dougherty Road to the western boundary of the West Branch development, a distance of approximately 1800 feet. (Developer is responsible for construction and funding) (Settlement Agreement Exhibit C-1.10)* 10. Dougherty Road,widen to 6 lanes from southerly limits of the Gale Ranch property to Old Ranch Road a distance of approximately one half mile. Intersection improvements at the Dougherty Road/Old Ranch Road intersection are included and consist of a traffic signal, left turn pockets, and right-turn pockets. (Settlement Agreement Exhibit C-1.11, responsible parry is San Ramon, funding source is City of San Ramon fee) 11. Dougherty Road, widen to 6 lanes from Old Ranch Road to the County line. (Settlement Agreement Exhibit C-1.12, responsible parry is San Ramon, funding source is City of San Ramon fee) * 12. Dougherty Road/Old Ranch Road, intersection improvements to accommodate four lanes on Old Ranch Road and six lanes on Dougherty Road, with left turn and right turn channelization. Install a traffic signal. (Settlement Agreement Exhibit C- 1.13, responsible party is San Ramon, funding source is City of San Ramon fee) * 13. Alcosta Boulevard/Old Ranch Road intersection improvements (Currently, controlled by a three-way stop sign). Install a traffic signal. (Settlement Agreement Exhibit C-1.14, responsible parry is San Ramon, funding source is City of San Ramon fee) 6 14. Bollinger Canyon Road, construct eight lanes from I-680 to Alcosta Boulevard. (Settlement Agreement Exhibit C-2.1, responsible party is San Ramon, funding source is City of San Ramon fee)* 15. Camino Tassajara Road,widen from two to six lanes between Windemere Parkway and the County line. (Settlement Agreement Exhibit C-2.2, responsible party is County, funding source is County fee and County)* 16. Camino Tassajara/Sycamore Valley Road intersection improvements, widen/restripe SB leg for one left-turn/right-turns lane and one left-turn lane. (Settlement Agreement Exhibit C-2.3, responsible party is Danville, funding source is Town of Danville fee)* 17. Crow Canyon Road, widen from 6 to 8 lanes from I-680 to Alcosta Boulevard. (Settlement Agreement Exhibit C-2.4, responsible party is San Ramon, funding source is City of San Ramon fee)* 18. 1-680 northbound off-ramp/Bollinger Canyon Road intersection. On northbound leg,widen right-turn radius, construct raised island to convert curb right-turn lane to a free right-turn lane,restripe second right-turn lane to stay under signal control, and modify signal control. (Settlement Agreement Exhibit C-2.5, responsible party is San Ramon, funding source is City of San Ramon fee)* 19. Alcosta Boulevard/Crow Canyon Road intersection improvements. Add one exclusive right turn eastbound. (Settlement Agreement Exhibit C-2.6, responsible party is San Ramon, funding source is City of San Ramon fee)* 20. Alcosta Boulevard/Crow Canyon Road intersection improvements. Add one northbound exclusive right-turn lane. (Settlement Agreement Exhibit C-2.7, responsible party is San Ramon, funding source is City of San Ramon fee)* 21. Camino Ramon/Crow Canyon Road intersection improvements. Widen/restripe the southbound approach to one right-turn, one through, and one left-turn lane; add an eastbound exclusive right-turn lane. (Settlement Agreement Exhibit C-2.8, responsible party is San Ramon, funding source is City of San Ramon fee)* 22. Crow Canyon Road/1-680 NB off-ramp intersection improvements. Intersection will be congested due to queues from adjacent intersections. Add another right-turn lane on the northbound off-ramp. (Settlement Agreement Exhibit C-2.9, responsible party is San Ramon, funding source is City of San Ramon fee)* 23. I-680 southbound ramps/Crow Canyon Road. Restripe to revise existing right- turn lane to provide shared right-turn/left-turn lane. (Settlement Agreement Exhibit C-2.10, responsible party is San Ramon, funding source is City of San Ramon fee)* 24. Bollinger Canyon Road/Sunset Drive intersection improvements. If needed, reconfigure the southbound approach (Sunset Drive) to provide one exclusive left- turn lane, one exclusive through lane, and one "free" right-turn lane to westbound 7 Bollinger Canyon Road. Widen Bollinger Canyon Road west of Sunset Drive to provide a dedicated curb lane to accept right turns from southbound Sunset Drive. (Settlement Agreement Exhibit C-2.11, responsible parry is San Ramon, funding source is City of San Ramon funding fee) 25. Crow Canyon Road,Camino Tassajara and Sycamore Valley Road. Provide for pavement overlays of these roads between the Dougherty Valley project and I-680. (Settlement Agreement Exhibit C-2.13,responsible party is Danville, funding sources is Town of Danville funding fee) E. Roadway Improvements (Off-site EIR Mitigation Measures): This project shall comply with the mitigation measures set forth in the project environmental impact report. If a TEPA or similar agreement is approved which identifies a traffic fee amount and fee allocations for any of the improvements which require payment of a fair share cost,the conditions of approval shall be considered satisfied by payment of the associated fee. Payment of a fee to San Ramon or Danville shall satisfy the condition of approval for any project the fee is funding, if the condition requires a payment of a fair share amount of the improvement costs. Conditions of approval which are in bold type are to be constructed as a part of this project. The agency responsible for implementation and the funding source for that project is also shown for each condition. Some of the conditions listed below which are mitigations to cumulative impacts as determined by the EIR require a fair share contribution toward the construction of the mitigating improvements. The fair share amount shall be determined based on the project impact divided by the impact of the cumulative future development on the subject intersection or road segment. The fair share amounts for each of these improvements was based upon the following formula, however, most of the actual share amounts were determined in consultation with the Town, City, and County. Project share (%)=[(z-y)/(z-x)] * 100% where: x=Intersection or road segment V/C in 1993 y=Intersection or road segment V/C in 2000 without project z=Intersection or road segment V/C in 2000 with project V/C =Volume to Capacity Ratio for the intersection or road segment. Conformance with the EIR includes the following: 1. Contribute the project's fair share to a road improvement fee trust(Fund No. 819200- 0800) designated for the restriping of the southbound approach to provide one exclusive right-turn lane, one through-lane, and one exclusive left-turn lane at the Camino Ramon/Crow Canyon Road intersection. (EIR mitigation measure 6.1, responsible parry is San Ramon, funding source is City 8 of San Ramon fee) 2. Construct an exclusive westbound right turn lane at the Camino Ramon/Bollinger Canyon Road intersection when required by the City of San Ramon. (EIR mitigation measure 6.2, responsible parry is San Ramon, funding source is City of San Ramon fee) 3. Contribute fees equal to the full cost of the construction of a third east bound and west bound through lane at the Alcosta Boulevard/Bollinger Canyon Road intersection. Timing of these improvements will be: established by the City of San Ramon. The project proponent may construct the improvements in lieu of a fee contribution for this intersection. (EIR mitigation measure 6.3, responsible parties are San Ramon and the developer, funding source is City of San Ramon fee and developer construction) 4. Prior to the issuance of the 500th building permit for the project, construct an additional north bound through lane at the Dougherty Valley Road/Bollinger Canyon Road intersection. (EIR mitigation measure 6.4, responsible party is developer,funding source is developer) 5. Contribute the project's fair share to a road improvement fee trust(Fund No. 819200- 0800) designated for the widening of the I-680 northbound on-ramp at Bollinger Canyon Road to two lanes and to add an auxiliary lane on I-680 between Bollinger Canyon Road and Crow Canyon Road. Should this project be fully funded with Federal or other funds this condition shall be waived. (EIR mitigation measure 6.6, responsible parry is County, funding source is County fee) 6. Prior to the issuance of the 100th building permit, coordinate with the City of San Ramon to install a traffic signal at the Allcosta Boulevard/Montevideo Drive. (EIR mitigation measure 6.7, responsible party is San Ramon, funding source is City of San Ramon fee) 8. Contribute the project's fair share to a road improvement fee trust(Fund No. 819200- 0800)designated for the installation of a traffic signal at the intersection of Dougherty Road and Old Ranch Road. (EIR mitigation measure 6.8, responsible party is Sari Ramon, funding source is City of San Ramon fee) 9. Install traffic signals at the intersections of Dougherty Road and Bollinger Canyon Road (North). 9 Traffic signals shall be installed by the property owner/developer at the intersections listed below as the roadways are constructed, with the approval of the affected jurisdictions. The intersections are as follows: Dougherty Road at Bollinger Canyon Road (South), Bollinger Canyon Road north of East Branch Road, Tassajara Road at Fallon Extension, Bollinger Canyon Road at East Branch Road, Bollinger Canyon Road south of East Branch Road, Bollinger Canyon Road at Windemere Parkway and Camino Tassajara at Windemere Parkway. (EIR mitigation measure 6.8, developer is responsible for construction and funding) 10. Install traffic signals at the intersection of Bollinger Canyon Road with Chanterella Drive. (EIR mitigation measure 6.9, developer is responsible for construction and funding) 11. Install a traffic signal at the Bollinger Canyon Road intersection with Gale Ridge Road. (EIR mitigation measure 6.9, developer is responsible for construction and funding) 12. Provide for adequate sight distance at the intersection of all internal streets of the subdivision and through all horizontal and vertical curves at appropriate i design speeds in accordance with Cal Trans Standards. (EIR mitigation measure 6.10) 13. Provide at least the minimum number of accessible parking spaces for the golf course required by the Americans with Disabilities Act and State of California Standards. (EIR mitigation measure 6.11) 14. Contribute$700,000 lump sum plus $203 per unit to the road improvement fee trust (Fund No. 819200-0800) as this project's share of the surface improvements and safety improvements to existing Dougherty Road within the unincorporated County. The County shall perform the necessary road surface and safety improvements; however,with mutual consent between the applicant and the County,the applicant may construct the subject improvements. If the applicant performs these improvements, then the cost of work performed on Dougherty Road will be creditable toward the above fee. Improvements to Dougherty Road,within the boundary of the Gale Ranch property, shall include a surface treatment. In addition, the road section at the sharp curve north of the existing bridge and the steep vertical curve south of the future intersection of Dougherty Road and Bollinger Canyon Road (northern intersection) shall be 10 widened and additional signing and striping provided to enhance vehicular safety in those two areas. At least sig months prior to the filing of the final map for the first phase of the project, deposit $100,000 with the Public Works Department (Trust Fund 819200-0800). The County will use these finds to design the safety improvements on Dougherty Road. Prior to the filing of the final map for the first phase, deposit $600,000, which is the remaining balance of the $700,000, with the Public Works Department(Trust Fund 819200-0800). The County will use these funds to construct the safety improvements and install a surface treatment on Dougherty Road within eighteen months of the deposit.Prior to the filing of the final map for each phase, the County will perform an analysis of Dougherty Road to determine if additional safety or surface improvements are needed. (EIR Mitigation Measure 6.12, responsible party is County,funding source is County fee and County) 15. Provide curb ramps at all intersections and cross walks at the proposed intersections of Bollinger Canyon Road with Chanterella Drive and Gale Ridge Road. (EIR mitigation measure 6.13) 16. Provide an additional connection through the proposed school site on the north side of the project linking the bike lanes on Lilac:Ridge Road to the bike trail which is proposed along the west branch of Alaino Creek. (EIR mitigation measure 6.14) 17. Provide a separate bike path or striped bike lanes on Shoreline Drive between Lilac Ridge Road and Crow Canyon Road to accommodate bicycle traffic to and from the elementary school north of the project site, if the right of way becomes available. (EIR mitigation measure 6.14) 18. Contribute the project's fair share to a road improvement fee trust(Fund No. 819200- 0800) designated for the addition of an exclusive right turn lane on Amador Valley Boulevard at the Dougherty Valley Road/Amador Valley Boulevard intersection. (EIR mitigation measure 6.15, responsible party is the Dublin, funding source is City of Dublin fee) 19. The cumulative roadway network shall be modified to incorporate new collector streets to supplement the operation of arterial streets in Dougherty Valley area. The collectors would include a connection of Dougherty Road to new development north of Bollinger Canyon Road, provide a second access route to this development and reduce volume at the Dougherty Road/Bollinger Canyon 11 Road intersection. These new collectors shall be developed to meet County General Plan requirements and shall include a connection from Dougherty Road north of Bollinger Canyon Road to Bollinger Canyon Road east of Dougherty Road. Satisfaction of this condition would include the following: constructing North Gale Ridge road as a collector street per the typical section shown on the tentative map. North Gale Ridge Road shall have no homes fronting on it and shall extend to Dougherty Road with a future phase of development. Lilac Ridge Road shall be developed as a collector street from Lantana Way to North Gale Ridge Road.Most of this portion of Lilac Ridge Road will be constructed with a future phase of development. The lot layout on Sweetgale Drive between Chanterella Drive and Lilac Ridge Road South shall be revised to address the high volume of traffic on this section of road.Any modifications to the lot layout of the tentative map as a result of the above changes, shall be reviewed and approved by the Zoning Administrator. (EIR mitigation measure 6.16) 21. Contribute the project's fair share to a road improvement fee trust(Fund No. 819200- 0800) designated for the addition of a third through lane to the east and west bound approaches of the Alcosta Boulevard/Bollinger Canyon Road intersection. The fair share amount shall be as determined by the settlement agreement. (EIR mitigation measure 6.18, responsible parties are San Ramon and the developer, funding source is City of San Ramon fee and developer contribution) 22. Contribute the project's fair share to a road improvement fee trust(Fund No. 819200- 0800) designated for the widening of Bollinger Canyon Road to six lanes between Alcosta Boulevard and Canyon Lakes Drive, including consequent improvements to the intersections. The fair share amount shall be as determined by the settlement agreement. (EIR mitigation measure 6.19, developer is responsible for construction and funding) 23. Review the timing pattern for the control of the Bollinger Canyon Road I-680 southbound off-ramp intersection and provide an "all red" clearance for traffic on Bollinger Canyon Road if one is not already provided. Install a "programmed visibility" head on the westbound approach to the San Ramon Valley Boulevard intersection, if necessary. These improvements may be modified to an equivalent improvement, or the scope of improvements reduced, by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.21, responsible party is San Ramon, funding source is City of San Ramon fee) 24. Review the timing patterns at the Crow Canyon Road/Crow Canyon Place intersection and increase the yellow time or "all red" clearance interval for Crow Canyon Road traffic as appropriate. Install Type-40 guide stripes through the 12 intersection for east and north bound dual left turn lanes per Cal Trans Traffic Manual standards. These improvements may be modified to an equivalent improvement, or the scope of improvements reduced,by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.22, responsible party is San Ramon, funding source is San Ramon fee) 25. Install Type-40 guide stripes for northbound and southbound traffic at the intersection of Alcosta Boulevard and Bollinger Canyon Road. The guide stripes shall be installed with the recommended improvements in Mitigation Measure 6.18. These improvements may be modified to an equivalent ;improvement, or the scope of improvements reduced,by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.23, responsible party is San Ramon, funding source is San Ramon fee) 26. Contribute the project's fair share to a road improvement fee trust(Fund No. 819200- 0800) designated for the lengthening of left turn lane from Crow Canyon Road to Alcosta Boulevard and the installation of Type40 guide stripes for the northbound and westbound turn lanes at the intersection of Crow Canyon Road and Alcosta Boulevard. These improvements may be modified to an equivalent improvement, or the scope of improvements reduced,by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.24, responsible party is San Ramon, funding source is San Ramon fee) 27. Contribute the project's fair share to a road improvement fee trust(Fund No. 819200- 0800) designated for the installation of Type-40 guide stripes through Crow Canyon Road/Camino Ramon intersection for the north bound to west bound left turn lanes. These improvements may be modified to an equivalent improvement, or the scope of improvements reduced,by the City of San Ramon as necessary to satisfy their traffic operations. (EIR mitigation measure 6.25,responsible party is San Ramon, funding source is San Ramon fee) F. EIR Mitigation Measures Requiring Jurisdictional Participation: 1. The following routes of regional significance shall be established pursuant to procedures established by the Contra Costa Transportation Authority: Bollinger Canyon Road between Alcosta Boulevard and Dougherty Valley Road, and Dougherty Road between the County line and Crow Canyon Road. Appropriate Traffic Service Objectives shall be established in lieu of the Measure C 1988 level of service standards for basic routes. (EIR mitigation measure 6.20) 13 2. The applicant shall participate in the Regional Transportation Mitigation Program as determined through the Measure C 1988 multi jurisdictional planning process to ensure that the project proponent is paying a fair share of the cost associated with the project. The amount of any regional transportation fee or assessment shall be calculated using the rate in effect at the time of the issuance of building permits for each respective phase of project. (EIR mitigation measure 6.31) 3. Adopt a Tri-Valley Transportation Plan. The applicant shall participate in the implementation of a Tri-Valley Transportation Plan that addresses traffic impact of cumulative growth on regional facilities in the Tri-Valley area including Dougherty Road and I-580 in Alameda County. (EIR mitigation measure 6.32) G. Road Alignment (Horizontal and Vertical Sight Distance/Grades): 1. In accordance with CALTRANS standards provide for adequate sight distance at all internal public intersections for a design speed of 30 miles per hour. 2. In accordance with CALTRANS standards provide for adequate sight distance at the subdivision access intersections with Bollinger Canyon Road for a design speed of 55 miles per hour. H. Private Roads (Multi-family): Applicant shall construct to county private road standards the paved private roadways as shown on the tentative map to a minimum width of 28 feet to serve all multiple family units in the proposed subdivision. I. Road Dedications: The applicant shall convey by Offer of Dedication a minimum of 186 feet of right of way on Bollinger Canyon Road through the proposed project. (EIR mitigation measure 6.33) I Street Lights: Street lights shall be installed on all internal public streets and along the project frontage and the property annexed to County Service Area L-100 for maintenance of the street lighting. The final number and location of the lights shall be determined by the Public Works Department, Engineering Services Division. Application for annexation to CSA L-100 Lighting District shall be submitted prior to filing of the Final Map. Alternatively, the applicant may establish a county service area(CSA) or other appropriate entity to fund the maintenance of the streetlights. 14 K. Landscaping: 1. Permanent landscaping and automatic irrigation facilities shall be installed within the parkway and median areas, and interim landscaping:features shall be installed within the future road and transit areas. All work shall be done in accordance with the guidelines and standards of the County. Funding of, and maintenance of, the new plantings shall be guaranteed by the developer until the plants have been established and until funds are available through a landscaping district. The plants shall be maintained for 90 days after installation. 2. Prior to filing the final map, two sets of landscape and irrigation plans and cost esti- mates, prepared by a licensed landscape architect, shall be submitted to the Special District Section of the Public Works Department for review. Plan submittal shall include plan review and inspection fees. Types and sire of plant and irrigation materi- als within the public right of way shall be designed using standards provided by the Grounds Service Manager of the General Services Department. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their maintenance by the County after final inspection is cleared. 3. Prior to filing the final map,the applicant shall apply to the Public Works Department for annexation to the County Landscaping District AD 1979-3 (LL-2) for the future maintenance of landscaping and irrigation facilities in median islands, parkways and other areas ("open space" is specifically excluded). Alternatively, the applicant may establish a county service area or other appropriate entity to maintain the landscaping. L. Bicycle-Pedestrian Facilities: 1. The design of community facilities, such as a clubhouse or a community park, shall provide for and encourage the use of bicycles. At a minimum this shall include bicycle racks and bicycle lockers. Because the risk of theft at the clubhouse is less of a concern, the need for bicycle lockers can be monitored with the TDM program and the locker installed as they are needed. 2. All trail and golf cart crossings of public roads shall be designed for proper stopping sight distance and signed subject to the review and approval of the Public Works Department, Engineering Services Division. 3. All public pedestrian facilities and access ways shall be designed in accordance with Title 24(Handicap access)and the Americans with Disabilities Act. This shall include all sidewalks, paths, trails, driveway depressions, as well as handicap ramps. M. Transit: 1. Applicant shall provide for future transit by constructing bus turnouts on Bollinger Canyon Road and on internal streets at appropriate locations. The location of the turnouts shall be subject to the review and approval of the appropriate transit authority. Sufficient monies shall be deposited, as determined by the transit authority, for bus stop shelters and bicycle racks to be installed by the authority once regular transit service to the area begins. The deposit of monies for the bus stop facilities 15 shall be made with the filing of each final map that constructs a bus turnout. Alternatively,the applicant may construct the bus stop shelters and bicycle racks after their design and location are approved by the transit agency. 2. Applicant shall provide a park-and-ride lot within the parking area for the proposed clubhouse or an acceptable alternative, subject to the review of the Public Works Department, and the review and approval of the Zoning Administrator. The park- and-ride lot shall have a capacity of 36 spaces. Adequate parking shall be provided for the combined use of the park-and-ride lot and the complex. Bicycle racks and lockers shall also be provided. The design of the park-and-ride portion of the parking lot, including bicycle racks and lockers, shall be subject to the review and approval of the Zoning Administrator. (EIR Mitigation Measure 6.34) 3. Where feasible cul de sacs that back up to arterial streets or other potential transit routes should have a pedestrian connection between the cul de sac and the street. N. Utilities/Undergrounding: All utility distribution facilities shall be installed underground, including the existing overhead distribution facilities along the frontage of Bollinger Canyon Road, if any. O. Maintenance of Facilities: 1. Prior to filing the first final map the applicant shall provide a list of facilities proposed to be maintained by either a public or private entity. This list shall be subject to the review of the Public Works Department, Engineering Services Division, the Flood Control District and the review and approval of the Zoning Administrator. 2. Applicant shall establish convents, conditions and restrictions for the development that define all creek improvements and storm drainage facilities within the development are to be maintained by the property owner(s)within the development. P. Soundwalls: 1. A soundwall shall be constructed adjacent to, but outside of, the right of way along Bollinger Canyon Road within the project limits. The soundwall shall be designed to attenuate the noise from the road based upon the traffic levels at specific plan buildout and upon the ultimate width and alignment of the road. The construction of the soundwall will be bonded with the project road improvements. The soundwall shall be constructed of solid masonry type material. Q. Drainage Improvements: 1. Division 914 of the Ordinance Code requires that all storm waters entering or originating within the subject property shall be conveyed,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. 16 2. Storm drainage facilities required by the Ordinance Code shall be designed and. constructed in compliance with design standards of the Public Works Department. 3. Storm drainage originating on the property and conveyed in a concentrated manner shall be prevented from draining across the sidewalks and driveways. R. Detention Basins: 1. The applicant shall provide the Public Works Department with a feasibility study of the proposed drainage system including the proposed detention basin. The study shall address the potential maintenance cost of the system, taking into consideration the proposed joint use with the proposed golf course. This study shall be subject to the review of the Public Works Department, the and the review and approval of the Zoning Administrator. 2. Prior to filing the first final map execute a joint-use agreement with the Flood Control District for the use of the proposed basin as a golf course. 3. The design of the overall drainage system in the Country Club at Gale Ranch project shall comply with the agreement with Contra Costa County and Alameda County that stipulates a maximum storm water discharge allowed.in the Alameda County portion of Coyote Creek. 4. Bridges shall be designed to County standards and shall provide for the ultimate design flow of the drainage channel or creek. (EIR Mitigation Measure 15.5) i S. Creek Structure Setbacks: Applicant shall relinquish"development rights" over that portion of the site that is within the structure setback area of Coyote 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. 'Development rights" shall be conveyed to the County by grant deed. T. Construction Impact Mitigation: Prior to the issuance of a grading permit or filing a final snap, whichever comes first, the applicant shall submit to the Public Works Department a construction access exhibit delineating the proposed routing of heavy equipment and material hauling. The exhibit will be reviewed and approved by the County in consultation with the City of San Ramon and Town of Danville. Appropriate agreements, fees, or bonds will be determined as necessary to mitigate construction traffic impacts on the public roads. U. Traffic mitigation in the Town of Danville- To mitigate specific project impacts identified in Exhibit C-3 of the Settlement Agreement, contribute $200 per unit to the Town of Danville to fund soundwalls along the north side of Crow Canyon Road, an overlay on Camino Tassajara, Crow Canyon Road and Sycamore Valley Road, and intersection improvements at Camino Tassajara and Sycamore Valley Road. The Town shall enter into an agreement with the County for the collection and transfer of fees and to ensure that the fees will be held in a separate trust account and that the fees will be used for the intended improvements. 17 Traffic mitigation fees collected by the County, pursuant to this condition of approval shall be transferred to the Town on a quarterly basis. V. Prior to issuing the 100th building permit extend Bollinger Canyon Road to Dougherty Road. W. Contribute$600 per dwelling unit to a road improvement fee trust(Fund No. 819200-0800) as this project's contribution to regional improvements to the Alcosta Boulevard/1-680 interchange. If after five years from the date of the approval of the Country Club at Gale Ranch project, a regional fee has not been adopted, or during this time other jurisdictions have not similarly conditioned development to participate in regional improvements,then the fees may be used for improvements to the Alcosta Boulevard/1-680 ramps or for other improvements identified in the mitigation motoring program as being needed to mitigate the impacts of the Country Club at Gale Ranch project, or credited back to the developer. (EIR Mitigation Measure 6.31 and 6.32, responsible party is County, funding source is County fee) X. Throughout this Public Works condition of approval are requirements to pay fair share amounts and traffic impact fees to the City of San Ramon, Town of Danville and the County. There are also requirements to pay a fair share of improvements in Dublin and for regional improvements. The following fee table includes all of the traffic impact fees due and required by the Public Works condition of approval 125, and for which jurisdiction the fees are collected for each type of dwelling unit. Each fee is shown in 1994 dollars and shall be adjusted annually for inflation in accordance with the construction cost index for the San Francisco Bay Area as published in the Engineering News Record with 1994 as the base year. :�.'•:�`:. 1I3:: Y .n�::::<:E::::::�':`f�e:::.�. ia' :: u7'&(#3re�I1n.. Q� :::.V. : >r ? i•<<><� Single family attached 2178 San Ramon subregional impacts 89 Danville subregional impacts 200 Danville overlays and soundwalls 1085 County regional and subregional impacts 203 County Old Dougherty Road 245 Dublin subregional impacts Total 4000 Multiple Family Detached 1222 San Ramon subregion al impacts 89 Danville subregional impacts 200 Danville overlays and soundwalls 1085 County regional and subregional impacts 203 County Old Dougherty Road 245 Dublin subregional impacts 18 Total 3044 l Apartment 1466 San Ramon subregional impacts 89 Danville subregional impacts 200 Danville overlays and soundwalls 1085 County regional and subregional impacts 203 County Old Dougherty Road 245 Dublin subregional impacts Total 3288 Advisory Notes: 1. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Dougherty Valley Area of Benefit as adopted by the Board of Supervisors. If a TEPA is established which includes all projects which are to be included in the Dougherty Valley Area of Benefit, this requirement will be considered satisfied by payment of the associated fee. 2. The applicant shall be required to comply with the drainage fee requirements for the Drainage Area adopted by the Board of Supervisors. 3. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination Systems(NPDES)for municipal, construction 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). (EIR Mitigation Measure 15.4, 15.6, 15.7) 4. This project may be subject to the requirements of the Department of Fish and Game. It is the applicant's responsibility to notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish and Game Code. 5. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained. g:engsvc:work:SUB 7796fin2.t 12 19 RESOLUTION N0. 44-1994 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, REGARDING CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT; REQUEST TO AMEND THE GENERAL PLAN (COUNTY FILE #5-94-SR); REQUEST TO AMEND TO REZONE TO PLANNED UNIT DEVELOPMENT WITH PRELIMINARY DEVELOPMENT PLAN (COUNTY FILE #3010- RZ); FINAL DEVELOPMENT PLAN (COUNTY. FILE #3010-92) AND VESTING TENTATIVE MAP SUBDIVISION #7796, IN THE SAN RAMON AREA. WHEREAS, Shapell Industries of Northern California owns property consisting of 618 acres in the southern portion of Contra Costa County, bounded on the north and west by the City of San Ramon City Limits and the Contra Costa County line and on the east by the boundary of the East Bay Municipal Utility District; and WHEREAS, on July 20, 1993 applications were filed to (1) rezone the subject property from General Agriculture (A-2) to Planned Unit Development (P-1) with preliminary development plan (County File #3010-RZ) and (2) on July 24, 1992 for approval of Final Development plan (County File #3010-92) and (3) approval of Vesting Tentative Map #7796 and deemed complete on July 12, 1993; and WHEREAS, on June 8, 1994 a request was filed to amend the County General Plan from Agricultural Land (AL) to Single Family Residential Medium Density (SM), Public/Semi-Public (P/SP), Open Space (OS), and Park and Recreation (PR) (County File #5-94-SR); and WHEREAS, on June 22, 1994, staff prepared an Initial Study and issued a Notice of Preparation indicating an intent to prepare an Environmental Impact Report (EIR) on the Project; and WHEREAS, on July 21, 1994, staff held a public scoping session to allow the opportunity for comments to be provided; and. WHEREAS, on August 5, 1994 staff prepared and issued a Notice of Completion of the Draft EIR; confirmed that copies of the Draft EIR were available for review; requested written comments from the public .and responsible agencies. by September 19, 1994; and WHEREAS, on September 12, 1994 the Zoning Administrator duly noticed and conducted a public hearing on the Draft EIR, and; Page Two Resolution No. 44-1994 WHEREAS, staff made available copies of the Final EIR for public review; and WHEREAS, on November 7, 1994 the Zoning Administrator duly noticed and conducted a public meeting on the Final EIR as complete and accurate under the California Environmental Quality Act, and recommended certification of the EIR to the Board of Supervisors; and WHEREAS, on October 19, 1994 the County Planning Commission and the San Ramon Valley Regional Planning Commission duly noticed and held public hearings on the General Plan Amendment, Rezoning with preliminary development plan, Final Development Plan and Subdivision Map; and WHEREAS, on October 26, 1994 the County Planning Commission and the San Ramon Valley Regional Planning Commission duly noticed and held public hearings on the General Plan Amendment, Rezoning with preliminary development plan, Final Development Plan and Subdivision Map; and WHEREAS, on November 29, 1994 the County Planning Commission having fully reviewed, considered and evaluated all of the testimony, documents, and other evidence submitted of. this matter finds the .following: NOW THEREFORE BE IT RESOLVED that the County Planning Commission • certifies the EIR with respect to Subdivision Map #7796 as being adequate under the California Environmental Quality Act; • adopts the Statement of Findings and Overriding Considerations dated November 29, 1994; • adopts the Mitigation Monitoring Program dated November, 1994; • approves Subdivision Map #7796 adopting the following findings: (1) This approved Resolution concerns Vesting Tentative Subdivision Map #7796 ("Map"). The Map related to the 618 acre "Country Club at Gale Ranch" project. Page Three Resolution No. 44-1994 (2) An Environmental Impact Report (EIR) was prepared by the County in compliance with CEQA, State, and County Guidelines and the Commission has reviewed and considered the information contained therein. Based on this review, and considering the recommendation of the Zoning Administrator, this Commission has made the findings required by the California Environmental Quality Act in a document entitled "CEQA Findings/Country Club at Gale Ranch"; those findings are hereby adopted by this Resolution. (3) All governmental and utility agencies affected by the Map have been notified and given the opportunity to respond to the Map. (4) The proposed Subdivision,together with the provisions for its design and improvement, is consistent with the General Plan as amended by the proposed Country Club at Gale Ranch General Plan Amendment, and .County zoning, as amended by proposed Rezoning #3010-RZ which regulate development on this site, as well as the Dougherty Valley Specific Plan. (b) The proposed Subdivision, together with the provisions for its design and improvement, is consistent with the Agreement to Settle Litigation Relating to the Dougherty Valley General Plan Amendment, Specific Plan and Environmental Impact Report. (6) The site is physically suitable for the type and density of development proposed. (7) The design of the Subdivision or proposed improvements are not likely to substantially and avoidably injure fish or wildlife habitat. (8) The design of the Subdivision or proposed improvements are not likely to cause serious health problems. (9) The design of the Subdivision and the proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed Subdivision. (10) The approval of the Map helps to achieve a balance between the housing needs of the region, the public service needs of County residents, and the available fiscal and environmental resources. Page Four Resolution No. 44-1994 (1 1) The design of the Subdivision or proposed improvements provide, the extent feasible, for future passive or natural heating or- cooling opportunities. (12) The land subject to the map is not subject to the California Land Conservation Act of 1965. (13) Waste discharge from the proposed Subdivision would not result in violation of existing requirements prescribed by a California regional water quality control board. (All of these documents are on file with the Community Development Department.) BE IT FURTHER RESOLVED that the Planning Commissions's approval of the Subdivision Map is contingent on the Boardof Supervisors approving the General Plan Amendment, Rezoning with preliminary development plan, Final Development Plan and accompanying documents. BE IT FURTHER RESOLVED that the County Planning Commission's finds that the project is consistent with the County General Plan and incorporates by reference the discussion of the project's consistency with the General Plan contained in the staff reports, EIR, and Statement of Findings and Overriding Considerations; and BE IT FURTHER RESOLVED that the Planning Commission recommends that the Board of Supervisors • certify the EIR for purposes of the General. Plan Amendment, Rezoning with preliminary development and Final Development Plan; • approve the request to amend the General Plan for AL to SM, OS, PR, P/SP (County File #5-94-SR); • approve the request to rezone the site from A-80 to P-1 with preliminary development plan approval (County File #3010-RZ); • approve the Final Development Plan (County File #3010-92); • approve the recommended findings for the rezoning. (All of these documents are on file with the Community Development Department.) BE IT FURTHER RESOLVED that the Planning Commission recommends to the Board of Supervisors that they adopt findings and related documents as may be required for the project; and Page Five Resolution No. 44-1994 BE IT FURTHER RESOLVED, that the Secretary of the County Planning Commission shall sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors, all in accordance with the provisions of State Planning Law. The instruction by the County Planning Commission to prepare this resolution was given by motion of the Commission on Tuesday, November 29, 1994, by the following vote: AYES: Commissioners - Gaddis, Woo, Straus, Wong, Terrell NOES: Commissioners - None ABSENT: Commissioners - Accornero ABSTAIN: Commissioners Clark MARVIN TER ELL Chair of the County Planning Commission; County of Contra Costa, State of California ATTEST: H ey E. a on - .Secretary of the Planning C ission, Contra Costa County, State f California. f)Ctdf 3010-CPC.res Findings Map 1 G GP s,n w,w� 7� g�7 Rezone From To -1 SAN I MOt� Area Chair of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of ?flC-,� 1'1 5 F '1-(t-I=— LCUtiT•t/S t I 9 20Mw(o AMP indicating thereon the decision of the Contra Costa County Planning Commission in the matter of s.1}�pt.( L �NDLtST 1ES 3bto-"i�z Chair of the Contra Costa County Planning Commission,State of California ATTE S cr tary of t ntra Costa County P anning C mis ion, State of Calif. f Findings .Map sw wnL6v. _ay�RO � - ® prnuc 6 s.n Rn✓aw 4 p �9 Iccc r, : :EL•$f}r }a: :v: •A•80 .A•80 X. ....................... .............. Rezone Frorn -$O To�—,1 �JAI��AtVlb(1� Area I• Chair of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of AGEy -rl+S ,('ounrN s (4'1 g Z4�W�.z�L1Ap indicating thereon the decision of the Contra Costa County Planning Commission in the matter of SNAPEII. N�tASTQtES 2>m o - 91 Chair of the Contra Costa County Planning Commission,State of California ATT '� S c etary f Contra Costa County nning om ssion, State of Calif. �P�C�E 2 0F S Findn s Map •-r Yom- 1 ` .. t`� :�r� '• '�.f ("'�.'`.V.:::'.•.{`: ......... Rezone From,`--�C�J',QToy_—L ��N MAS, Area PlanninChair of the Contra Costa County g Commission, State of California, da hereby certify that this is a true and correct cagy o{ indicating thereon the decision of the Contra Costa County Planning Commission in the matter of S}.) 36 t o -- 07- Chair of the Contra Costa County ATTES - Planning Commission,State of California Se r ary o th ontra Costa County nning C mi ion, State of Calif. AGF 3 0� S Findings. Map 1 • �r 90 A•80 A-80 Rezone From - To '�-lt� N\t)tJ Area b Chair of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of Vpt e w-kq pF indicating thereon the decision of the Contra Costa County Planning Commission in the matter ofSHA?et� AlIff Chair of the Contra Costa County Planning Commission,State of California Ani e Contra Costa County fission, State of Calif. Findin. s Map. A•80 -A•80 t A•80 A•80 0 M a r � - - A•80 Rezone FromA-0 To 'P-1 5;>80ZAM00 Area 1, Chair of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of 2lu e )(—Ig DT: TSF— unl-tL/i ��"]R ZONtN� NWP indicating thereon the decision of the Contra Costa County Planning Commission in the matter of SAAAPS(L. 7ad IN�1.1�T12tES 1 Chair of the Contra Costa County Planning Commission,State of California ATT S etaryf t e Contra Costa County anning om ission, State of Calif. 'Pf �S of S CONDITIONS OF APPROVAL FOR SUBDIVISION 7796 and DEVELOPMENT PLAN, 3010-92 AS MODIFIED BY THE BOARD OF SUPERVISORS ON DECEMBER 13 1994 P-1 District Findings A. The applicanthas indicated they intend to commence construction within two and one- half years of the effective date of final project approval. B. The"! 216 unit project, as conditioned, is consistent with the County General Plan. The project as proposed is consistent with the Country Club at Gale Ranch General Plan Amendment. The project has a density of 4.9 dwelling units per acre which falls within the General Plan density range of Single Family Residential-Medium Density (3.0 to 4.9 dwelling units per acre) as proposed by the General Plan Amendment for the project. The average household will be approximately 2.5 per household and the average population densities would normally range from 7.5 to 12.5 persons per acre. Furthermore, the plottages of land uses as shown are consistent in shape and location as those shown on Map 2 of the General Pian Amendment. C. The project will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the nearby community. D. 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. E. Staff has reviewed the project and finds that it is not in conflict with the Dougherty Valley General Plan Amendment ("DVGPA") and the Dougherty Valley Specific Plan ("DVSP"). The project as proposed is substantially the same in density and intensity of use and the plottages as identified within the DVGPA and DVSP are substantially the same as those identified on Map 2 of the Country Club at Gale Ranch General Plan Amendment. General 1 . This approval is based upon the exhibits received by the Community Development Department listed as follows: A. The Country Club at Gale Ranch as authorized under the following Conditions of Approval, is subject to language contained within the Agreement to Settle Litigation Relating to the Dougherty Valley General Plan Amendment Specific Plan and Environmental Impact Report, executed between Contra Costa County, the City of San Ramon, the Town of Danville, and landowners on May 11 , 1994. Exhibits B and G of the Settlement Agreement summarizes the performance standards that the project is required to meet. The Conditions of Approval address all of the impacts of the project, as identified in the DEIR and FEIR. The Conditions of Approval are not intended to interpret or be a complete recital of all obligations of the parties under the Settlement Agreement nor do 2 they constitute any modification of that Agreement. However, the project conditions which make specific reference to the Settlement Agreement are understood to satisfy this project's obligation under that Agreement. The project, as proposed, is consistent with the Settlement Agreement. B. Exhibit A - Vesting Tentative Map received April 14, 1993 by the Community Development Department for 1,216 lots and (single and multi-family residences) on the 618 acre site. C. Exhibit B - Grading plan for site (shown on same sheet as Vesting Tentative Map. D. Conceptual home design dated received by the Community Development Department on July 24, 1992. The approval is also based upon the following reports: A. Preliminary Geotechnical Investigation prepared by ENGEO and dated received July 24, 1993 by the Community Development Department. B. Landscape Plan prepared by Samson Associates and dated received April 14, 1993 by the Community Development Department. Unless otherwise indicted,the following conditions shall be complied with prior to filing the first Final Map. The maximum number of lots approved for this development/subdivision is 1 ,216 lots. 2. The approval is for a three (3) year period which may be extended for an additional three (3) years. An extension request must be submitted prior to expiration of the initial approval and must be accompanied by the appropriate filing fee. An extension request is subject to review and approval of the appropriate hearing body. 3. The approval of the Rezoning/ Preliminary Development Plan 3010-RZ, and Final Development Plan 3010-93 shall run concurrently with the time limits of SUB #7796. 4. The development shall be done in phases as shown on the approved phasing map dated received April 14, 1993 by the Community Development Department. Phasing may be overlapping and may be revised subject to the approval of the Zoning Administrator. 5. At least 60 days prier te reeerding the final map, any Fevisien of the internal eireula t e 3 A ' last fi0 Mays prior tc recording. the final rr►ap, any retsions o tf #rt >real. OYAO....11P[Tari Ar::1c k .4 :: h :It:>t e:: u.jodf::#b Ovid. �r�tl ec�m��rtt.t��tt e::S�n�i��rt p : :::::Y.:::.::: ......:::::::.:::::::::::::: :::::..: ::.:::::: . .:::.::::.:: ::.: : ::: :. :::: X jlo::. ria >pf r n rx :<Gc minis an i sub a t.to rev�ev►r and a royal f the..Zonth . :::::P g:::.:::::::::::::::::.::::::::::9:::::::::::::::..::::..:::::::.::::::::::.::::::.::.1:::::::::::::::::::::::::::::::::::::::.:.::::.p.l�.:::::::::::::::::::: ::::::::::::::.::::::.9. .::.............................._........_...._.................................................................._...................._....._......................_.............._........._.. -................ ...................................... 6. This subdivision is approved contingent upon approval of the rezoning request (3010- RZ) from A-80 to P-1 and General Plan Amendment 5-94-SR. 7. Pursuant to Government Code Section 66474.9,the applicant(including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the Contra Cosa County Planning Agency and its -agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents, officers, or employees to attack, set aside, void, or annul, the Agency's approval concerning this subdivision map application, which action is brought within the time period 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. .8. Covenants, Conditions and Restrictions shall be submitted for review with the Final Subdivision Map, and shall be subject to review and approval by the Zoning Administrator. This document shall provide for establishment, ownership and maintenance of the common open space and parking, fire protection, fencing, private streets and drainage maintenance, keeping of pets and establishment of signs. The Covenants, Conditions and Restrictions (CC & Rs) developed for this project shall include the following deed restrictions: A. (Example) No recreational vehicle, boat, boat trailer or mobilehome shall be stored on the site overnight. Exterior materials and colors shallnot vary from the palette approved for the original homes or subject to review and approval of the Homeowners Association. 9. :.. `ha e;o ittin r:: as ac arE n caurti y: ervi a areaf€�g) ting r d landscape � trictlg>✓c to is zart:. E t r ri rbc sh 4 0'....W fc�r the �ars� ....................eof tf e pr��rate street: .......nd open space areas shown Asn t13e Tentative St(idivisiAn:flap, open s t ce of Bred: fit:: .:t3ct:aece .t1 :': t5 ::...a..:: e Tcr►al.:perk:.D..istrit:.s.Ftijl..be.; es�: nte.cf:as:c :e :::::.::;::: .:::::::::.::: ::::;:::::: :Y.::::::::� :.:::::::::::::::.:..::::.:::::::::;:.:::::::::::::::::. : ::::::::::9:::::::: p:: ..:..: .::....... ...... ..... .. ... pa >:. :<;Fna€ Nfap'>forari€ u .: _eses.of tlte::pro eet,.::..:Re iona ;.traiis P # .. rJ.nn►rc thrc�uhetd pr ) ct wil€ be ShrJwn pn atl pro)ect maps 10. A copy of the project's Covenants, Conditions and Restrictions shall be submitted to the Community Development Department. 11. At least 30 days prior to filing the,Final Map, plans shall be submitted for review by the Community Development Department, Graphics Section, to obtain addresses and for street name approval (public and private). Alternate street names should be submitted in the event of duplication and to avoid similarity with existing street names. 4 The Final Map cannot be certified by the Community Development Department without the approved street names and the assignment of street addresses. 12. All P.G.& E. vaults shall be underground. 13. Prior to the issuance of building permits,the applicant shall submit a detailed TDM Pian 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. Land Use 14.* At least 30 days prior to filing the Final Map for the first phase, provide interface buffer plan. The project proponent shall provide a plan that indicates how the development would apply buffer design features to minimize land use incompatibility in the area shown in Figure 4-2. This plan shall incorporate specific design features that would be provided to create a visual buffer in these areas including landscaping, fencing, grading, natural topographic features, building orientation, and other approaches to sensitive site planning of the affected land use interface. The plan shall provide for a visual screening using greenbelts of trees on slope areas between the developments, as considered feasible and appropriate by the geotechnical engineer. This may require the project proponent to obtain slope easements. The buffer areas shall be installed/planted prior to issuance of building permits for that phase of construction. (MM 4.1) Air Quality 15.* Sprinkler water on exposed soil on the construction site to prevent airborne dust from leaving the site. The project proponent shall use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site, and increase watering frequency whenever winds exceed 15 mph. Because of the importance of water conservation, only recycled water should be used for compaction and dust- control purposes, if an adequate supply of reclaimed water is available on-site or reasonably close to the project site. (MM 7.1 ) 16.* Spray dirt stockpile areas daily. The project proponent shall spray all dirt stockpile areas daily as needed, including weekends and holidays as needed. 17.* Implement permanent dust-control measures. The project proponent shall implement permanent dust-control measures identified in the approved project revegetation and landscape plans as soon as possible following completion of any soil-disturbing activities. (MM 7.2) *Mitigation Measures t 5 18.* Plant native grass in areas of exposed soil that will be reworked more than one month after initial grading. Exposed ground areas except finished graded pads that are planned to be reworked more than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. (MM 7.4) This condition shall be implemented as part of the erosion control plan. 19.* Stabilize areas of disturbed soil not subject to revegetation. The project proponent shall stabilize all disturbed soil areas not subject to revegetation, using approved chemical soil binders, jute netting, or other methods approved in advance by the BAAQMD. (MM 7.5) This condition shall be implemented as part of the erosion control plan. 20.* Restrict construction vehicle speeds to 25 mph or less on unpaved surfaces. The construction vehicle speeds shall not exceed 25 mph on any unpaved surface at the construction site. (MM 7.6) 21 .* Use electric-powered equipment. The project proponent shall utilize electric-powered equipment where practical. (MM 7.7) 22.* Maintain and operate equipment according to manufacturers' specifications. The project proponent shall maintain and operate equipment according to manufacturers' specifications, except as required by mitigation measure 7.9. (MM 7.8) 23.* Implement engine timing retard. The project proponent shall implement engine timing retard (4 degrees) for diesel-powered equipment or as recommended by manufacturers (MM 7.9) 24* Install catalytic converters. The project proponent shall install catalytic converters on gasoline-powered equipment where required by law. (MM 7.10) 25.* Use gasoline-powered equipment. The project proponent shall substitute gasoline- powered for diesel-powered equipment where feasible. (MM 7.11 ) 26.* Shut off idling equipment. The project proponent shall reduce construction equipment emissions by shutting off equipment that would otherwise idle for more than 15 minutes. (MM 7.12) 27.* Implement intersection mitigation measures. The project proponent shall implement the intersection mitigation measures detailed in Chapter 6 "Traffic and Circulation". (MM 7.13) 28.* Implement transportation control measures. The transportation control measures listed below are consistent with the proposed guidance in TCM 16 of the BAAQMD 1991 CAP. These measures shall be implemented by the project proponent or other appropriate provider. *Mitigation Measures 6 Commute Travel A. Vans/carpools. Prior to filing the first Final Map designate areas for carpools and vanpool pickup and parking. A community bulletin board will be available for carpool and vanpool notices. Non-commute Travel A. Recreation. The project shall include recreation facilities, such as open space for hiking and parks, within walking and biking distance of residential units. (MM 7.14) 29.* Modify traffic signal timing. The County shall modify signal timing to improve arterial traffic movement. (MM 7.15) Noise 30.* Employ noise-reducing construction practices. The project proponent shall employ noise-reducing construction practices to reduce the exposure of on-site and off-site land uses to construction noise by incorporating the following measures into contract specifications before the County's issuance of grading permits: A. All equipment shall have sound-control devices no less effective than those provided on the original equipment. No equipment shall have an unmuffled exhaust. B. As specified in the CCCGP noise element, construction activities shall be concentrated during hours that are not noise-sensitive for adjacent land uses and should be commissioned to occur during normal work hours to provide relative quiet during the more sensitive evening and early morning hours. The County shall set the hours of heavy equipment operation when considering tentative map approval. C. As directed by the Contra Costa County Community Development Department, the contractor shall implement appropriate additional noise mitigation measures, including, but not limited to, changing the location of stationary construction equipment, shutting off idling equipment, rescheduling construction activities, notifying adjacent residents in advance of construction work, or installing acoustic barriers around stationary construction noise sources. (MM 8.1 ) D. 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 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 *Mitigation Measures �.. .N. 6 Commute Travel A. Vans/carpools. Prior to filing the first Final Map designate areas for carpools and vanpool pickup and parking. A community bulletin board will be available for carpool and vanpool notices. Non-commute Travel A. Recreation. The project shall include recreation facilities, such as open space for hiking and parks, within walking and biking distance of residential units. (MM 7.14) 29.* Modify traffic signal timing. The County shall modify signal timing to improve arterial traffic movement. (MM 7.15) Noise 30.* Employ noise-reducing construction practices. The project proponent shall employ noise-reducing construction practices to reduce the exposure of on-site and off-site land uses to construction noise by incorporating the following measures into contract specifications before the County's issuance of grading permits: A. All equipment shall have sound-control devices no less effective than those provided on the original equipment. No equipment shall have an unmuffled exhaust. B. As specified in the CCCGP noise element, construction activities shall be concentrated during hours that are not noise-sensitive for adjacent land uses and should be commissioned to occur during normal work hours to provide relative quiet during the more sensitive evening and early morning hours. The County shall set the hours of heavy equipment operation when considering tentative map approval. C. As directed by the Contra Costa County Community Development Department, the contractor shall implement appropriate additional noise mitigation measures, including, but not limited to, changing the location of stationary construction equipment, shutting off idling equipment, rescheduling construction activities, notifying adjacent residents in advance of construction work, or installing acoustic barriers around stationary construction noise sources. (MM 8.1 ) D. 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 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 *Mitigation Measures 7 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. E. 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. F. 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 provision for an on-site area in which to park earth moving equipment. Prior to issuance of grading permit, the project proponent shall prepare a construction access road program to be reviewed and approved by the County, City of San Ramon and Town of Danville. 31 .* Provide disclosure statement to future home buyers. The proponent shall prepare a specific disclosure statement to future buyers of homes located adjacent to the golf course, informing them of the potential for intermittent early morning noise impacts. (MM 8.2) 32.* Construct soundwalls between Bollinger Canyon Road and noise-sensitive land uses and include noise-reducing measures in building construction. The project proponent shall retain a qualified acoustical engineer to evaluate the site-specific traffic noise conditions at residential land uses and the church site adjacent to Bollinger Canyon Road, taking into account shielding from local topography. Where traffic noise conditions on residential lots and on the church site exceed an LDN of 60 dB, the engineer shall determine the optimum height and location of soundwalls to reduce traffic noise. After approval of the soundwall noise attenuation design by the County, in conjunction with the City of San Ramon the proponent shall then construction the soundwalls as specified. *Mitigation Measures 8 Where soundwalls will not reduce traffic noise below 60 dB-LDN, such as areas where the soundwall would not block the line of sight between the roadway and two-story dwellings or where walls are impractical or undesirable, acoustical treatments identified by the engineer should be incorporated into the design and construction of affected dwellings and noise-sensitive buildings so that projected interior noise levels are less than 45 dB-LDN. Where additional noise reduction is required to achieve an interior noise level of 45 dB- LDN or less, the following features should be incorporated into the project design to reduce interior noise levels: A. Minimize the extent of windows, glass sliding doors, vents, and other openings in building shell walls that face roads or railways. B. Orient garages and activity rooms so they will shield bedrooms and other noise- sensitive areas of dwellings from exterior noise sources. (MM 8.3) Public Services and Utilities 33.* Install an on-site water distribution system approved by EBMUD and pay connection fees to finance off-site improvements. The engineering design of this water system shall be approved by EBMUD as a condition of final development plan approval and shall be installed before issuance of occupancy permits. The County shall also condition project approval on payment of connection fees to EBMUD to finance construction of needed facilities and provide water service to the site. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measure. (MIVI 9.1 ) 34.* Require water-efficient landscaping irrigation. The County shall require landscaping for which the County has regulatory responsibility to be irrigated with drip systems or water-efficient sprinkler systems, which shall be: A. Calibrated to deliver only the amount of water necessary to sustain the irrigated species. B. Timed to operate in the early morning. C. Designed and adjusted to avoid spray-over onto adjacent barren surfaces (such as sprinkler spray-over from median strip irrigation onto adjacent asphalt). Additionally, the project proponent shall install a sleeving system capable of allowing distribution of reclaimed water to the golf course, public parks and landscaped areas and (private) common area landscape in accordance with the project improvement plans. This will allow reclaimed water to be provided to the project if reclaimed water service to the project site is developed and the County deems its implementation is feasible. (MM 9.2) *Mitigation Measures I 9 35.* Require demonstration of adequate water supply. In accordance with General Plan policies, the County shall require the proponents of development projects within EBMUD's service area to demonstrate at the project approval stage that EBMUD can provide adequate water to serve the project. (MM 9.3) 36.* Continue to implement CCCGP wastewater management policies and programs. The County shall continue to implement CCCGP Policy 7-33 to require new development to demonstrate wastewater treatment capacity and implementation measure 7-t to conditionally approve all tentative subdivision maps and other preliminary development plans on verification of adequate wastewater treatment capacity for future projects within Central San service area. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measures. (MM 9.7) This is the responsibility of Contra Costa County. 37.* Prior to filing the first Final Map, establish a supplement law enforcement service funding mechanism to provide the equivalent of 3.3 officers. The project proponent and the County shall identify and implement a funding mechanism that could include formation of a project-specific police service district, formation of a CSA, annexation to the countywide P-6 police service district, or other financing mechanism necessary to deploy the equivalent of 3.3 officers (at project buildout) and all associated training and capital equipment costs to provide traffic- and non-traffic related law enforcement service to the project site. If feasible, a project-specific police service district should be formed which would assume traffic related services from the CHP. (MM 9.8) 38.* Integrate defensible space features. The project proponent shall integrate defensible space features recommended by the CCCSD into the project design. These features should include: A. Landscaping parks, open spaces, and trails to allow observation from roadways and adjacent residences. B. Designing trail fencing to provide maximum visibility from surrounding roadways. C. Designing and spacing light standards in parks and along trails (as appropriate) to provide continuous twilight-level intensity night lighting. D. Designing vandalism-resistant features, such as unbreakable lenses, into light standards. (MM 9.9) 39.* Establish a substation funding mechanism. The project proponents shall contribute to a fair-share contribution toward provision of additional substation space. The contribution may be authorized under an assessment district, establishment of a CSA, or other appropriate method. The contribution shall be adequate to fully fund development of additional substation space at a ratio of 155 square feet per 1 ,000 *Mitigation Measures 10 population to implement CCCGP Policy 7-57. The project's fair-share contribution would be based on the cost to provide approximately 516 square feet of substation space 0 55 square feet multiplied by 3.322; based on a project population of 3,332). The funds obtained from the project should be combined with funds from assessments of other future projects in the substation service area, and held on account until sufficient funds are available to feasibly construct the required substation space. (MM 9.10) 40.* Ensure adequate fire protection service. If fire protection service is to be provided by DRFA (rather than SRVFPD), ensure that the 5-minute response time standard of CCCGP Policy 7-63 is met, the project proponent to locale a temporary fire station on the project site to serve project development. A residence on the project site could be used as a fire station. During the first phase of project construction, the station should be equipped with one structural fire engine and a crew of three full-time firefighters. Additional equipment and staffing should be provided as needed during future phases of the project to ensure that the 5-minute response time standard is met. (MM 9.1 1 ) A. Identify Location: At least 18 months prior to initial occupancy determine in consultation with DRFA the location of the fire station. B. Determine Size: At least 18 months prior to initial occupancy DRFA shall determine the size of the facility. C. Identify Funding: At least 18 months prior to initial occupancy. D. Establish a Design/Construction Schedule: At least 18 months to initial occupancy. E. Assure Funding/Commence Construction: At least 12 months prior to initial occupancy. F. Delivery of Completed and Operational of Facility_: Prior to initial occupancy. 41 .* The project proponents shall implement and maintain wildland fire protection measures. These measures shall meet the approval of the fire protection district responsible for the project site (either SRVFPD or DRFA), but may include any or all of the following measures: A. Continue grazing leases on the undeveloped portions of the project site for as long as feasible to reduce fuel volume of annual grasslands. B. Construct and maintain irrigated fire buffers 25 - 50 feet wide in wildland/urban interface areas to be designated on all final subdivision maps. *Mitigation Measures f 11 eliminate flammable materials and keep yard areas in a debris-free and fire-safe condition. D. Construct and maintain emergency vehicle access to open space areas in accordance with fire protection standards. (MM 9.12) 42.* Ensure that fire protection service meets performance standards. If new equipment must be purchased or a new fire station must be established to meet this standard, the project proponent shall be required to supply supplemental funding necessary to purchase the equipment or to construct an adequately equipped temporary or permanent fire station. Mechanisms available to generate this funding include a county service area or other appropriate funding mechanism. The equipment or station to be funded by the development shall meet with the approval of the responsible fire agency. (MM 9.13) 43.* inSt$llap eF Tmi(It , , h„ ed b y. I the Aife _FiFe Ged the State Fine rsystems,r�.r vrtaFsharll, te�rsvr2-thu vrr:2radequate. (MM 9.14) zst 1:I:sp nkl r system :w er:. >requ�red by:lot;al:.rsrdrnance" the Ur iforM.n F:re. Ctsde ter # t „ fir f l r l�,t ns re f r r'SpQn$0 i adequate :: (MINI 9 14> 44.31 Prepare and implement a fire management program, meets with the approval of the responsible county fire agency. The fire management program shall describe measures to be implemented that would reduce the incidence of wildland fires and potential for wildland fire damage. Measures to be described in the plan include controlled burning, fuel removal, establishment of fire roads, fuel breaks, and water supply. (MM 9.14) # ;` ii : ... :.::.: :::;.: ::. ...: » rri r n : e art fEr fi hurt . eco st a adegat�e ee cy acc, ss d <g . . :.9 atr shad b a�ra�labe;: :T) s measures shall>be'inspected and approvedy t res4nble..f�regerte fMfV1. - ; � 45.* Pursue funding for construction of an additional elementary school. SRVUSD has applied for Priority One status for construction of the planned Tassajara Valley Elementary School, which would have a 660-student capacity and is expected to accommodate elementary school students in the eastern part of the district. If the proposition fails, or if funding is not secured from that bond issue, SRVUSD and Shapell Industries should pursue other state, local, or private sector funding for construction of the proposed Tassajara Valley school. (MM 9.16) *Mitigation Measures , 12 46.* Pursue annexation of a school site into the service districts of water and wastewater service providers and identify other potential school sites. The project proponent, the County, and/or other interested local agencies shall propose and support annexation of a school site adjacent to the project into the service districts of water and wastewater service provider. Additionally, the project proponent and school district should cooperate in identifying other sites in the area that might serve as suitable locations for an elementary school, in furtherance of SRVUSD/Shapell Industries agreement for the provision of additional school facilities. (MM 9.17) 47.* Provide funding for temporary facilities if student generation exceeds the actual capacity of the SRVUSD. The Community Development Department shall require that the project proponents establish an acceptable funding mechanism and plan for providing temporary modular buildings, until new facilities can be constructed, for any off-site elementary school(s) affected by students generated by the project if SRVUSD is unable to accommodate additional students anywhere in the district. (MM 9.18) 48.* Require annual review of student generation and facilities capacity. During project construction,the Community Development Department,the project proponent, and the SRVUSD shall meet annually to review and monitor the number of students being generated by the project, the progress of schools under construction, and the number of building permits issued, in order to determine the necessity for the implementation of any or all of Mitigation Measures 9.16, 9.17 and 9.18. (MM 9.19) A. Identification of school site by Shapell to the San Ramon Valley Unified School District shall occur upon issuance of the 1 350t building permit issued for the Gale Ranch projects (West Branch and Country Club at Gale Ranch). The school site shall be selected in consultation with the San Ramon Valley Unified School District, and with approval of the State Department of Education. B. Construction of the elementary school shall commence upon issuance of the 1,400th building permit (Phase 1). Commencement of construction shall be defined as the preparation of the foundations for the school buildings. Thereafter, construction shall be continuous, and the school shall be completed within 18 months from the commencement of construction. C. An elementary school to house 300 students shall be completed and delivered fully operational to the San Ramon Valley Unified School District prior to or upon issuance of the 1 ,570th building permit. The elementary school shall include all core facilities, such as multi-purpose room, ball fields, playing fields, parking, administrative offices, computer and science labs, special education resource rooms, and a library. The core facilities shall be constructed to provide services to 650 children, which is the ultimate student population of this facility, once fully completed (Phase I completed). Provision of the school by Shapell does not include provision of furniture, equipment, school supplies or books at Shapell's expense. *Mitigation Measures 13 D. Upon issuance of the 1 ,749th building permit, construction shall commence on the additional classrooms to house a total of 650 children (Phase II). Thereafter,construction shall be continuous and the additional classrooms shall be completed within 18 months. E. Completion of Phase II prior to or in issuance of the 1 ,884th building permit, or upon generation of the 433rd child in the Gale Ranch projects, whichever occurs first. In the event that additional construction in the Dougherty Valley commences during this period, and the thresholds as applicable in the 1992 agreement are met first (i.e., generation of the 433rd student in the Dougherty Valley area, which excludes West Branch), then this 1992 agreement shall apply• F. The design, layout, specifications, site preparation and construction inspection shall be performed by an architect selected by the school district and approved by Shapell, who will be paid by Shapell. Shapell's approval or disapproval of each architect proposed by the district in writing shall be exercised within 30 days of the submittal. The quality of the elementary school will not exceed the State School Building Standards as defined by the Leroy Greene Act and will not exceed the 30% State Required Relocatable Teaching Stations. G. The San Ramon Valley Unified School District will provide to Shapell necessary information regarding student,generation rates in the affected area within 90 days of any written request to do so. The School District will cooperate with Shapell conducting environmental review of the site selection and proposed construction projects, and in obtaining all necessary approvals and permits for the construction of the elementary school. H. Bi-annual meetings will occur between the School District and Shapell to evaluate the number of building permits issued and the actual student generation rates so to verify the phasing schedule for possible adjustment to a later phasing schedule. Any adjustment shall be at the sole discretion of the School District. Annual meetings will occur with the Contra Costa County Community Development Department, Shapell and the School District. I. If commencement of construction and completion of the elementary school do not occur as described above, upon the request of the School District, the County shall not issue further building permits until the scheduled events occur. 49.* Continue to implement CCCGP policies and programs to support schools. The County shall continue to implement CCCGP Policy 7-144 to support provision of quality schools by coordinating development review for future development with SRVUSD, including such activities as designating school sites, obtaining dedications of school sites, and supporting local fees, special taxes, and bond issues intended for school construction within SRVUSD. (MM 9.20) *Mitigation Measures 14 50.* Ensure that childcare facilities are provided. The project proponent shall ensure that child care facilities are provided to serve the project according to the County's child care ordinance as a condition of project approval. This could include identifying capacity at existing child care centers or dedicating and ensuring the construction of additional facilities. Child care facilities should be located on school sites or transit routes and within 0.25 mile of the schools that the children housed at that facility attend and according to general plan Policies 7-151 , 7-152, and 7-155. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measures. (MM 9.21) 51 .* Develop parks and pay in lieu fees for additional parkland. The County shall condition approval of the project on development and dedication of the on-site parks to meet County standards and should require the project proponent to pay park dedication in lieu fees as specified by County Ordinance for those dwelling units not mitigated by the provision of 7.4 acres of on-site parkland. The in lieu fees should be held in a separate account to fund future park facilities on land dedicated by the project proponent. Alternatively,the project proponent may purchase or build facilities off-site equal in value to the expected fee contribution. The County should establish a mechanism to collect and apply these fees as appropriate to meet CCCGP Growth Management Element, Public Facilities/Services Element, and Open Space Element policies. A county service area may be an appropriate vehicle to hold and distribute the fees. If the project is annexed to San Ramon, the same optional mitigation measures would apply. The Contra Costa County Community Development Department would be responsible for monitoring the success of this mitigation measures. (MM 9.22) 52. The 5-acre park north of Bollinger Canyon Road shall be enlarged to 7.5 acres to accommodate a ballfield/soccer field. The two pocket parks south of Bollinger Canyon Road may be eliminated. 53. Prior to filing the final park plans with the Community Development Department, the City of San Ramon shall have the opportunity to review and comment on the plans. The plans shall incorporate at a minimum the following features: A. Ballfield/soccer field. B. Restroom. C. Picnic area. D. Kids play area. E. Telephone. F. Drinking fountain. *Mitigation Measures 15 Soils and Geology 54.* Prepare final grading plan to reduce cuts and fills, and employ landform grading techniques. Project proponent shall direct preparation of a final 40-scale grading plan that includes reduced depth and amount of excavation and fill and the employment of landform grading techniques wherever feasible and where such reduction will not result in an increase in geologic and soil-related hazards such as landslidirig. The final 40- scale grading plan shall be based on geotechnical criteria provided by the geotechnical engineer for the project (ENGEO, 1992). Additionally, the 40-scale grading plan shall be used to implement Mitigation Measure 1 1 .1 , described in Chapter 11 of this EIR. This mitigation measure employs appropriate landform grading techniques to emulate natural landforms. (MM 10.1) 55.* Provide earthquake insurance information. The project proponent shall provide to all project property owners at the time of their property purchases information that discloses the ground shaking intensity predicted for the project area, and brochures about earthquake preparedness and household hazard reduction and the need for and purpose of earthquake insurance. This information shall be accompanied by a statement that recommends that the property owner consider purchasing earthquake insurance and that includes an affidavit acknowledging that the property owner understands the information and is assuming responsibility for the decision to purchase or not to purchase earthquake insurance. Compliance would be verified through the Department of Real Estate in the Final Public Report. (MM 10.2) 56.* Monitor earthquake fault location. The location and nature of the Sherburne Hills Fault shall be investigated by an engineering geologist making field observations during the course of project grading and excavation. Based on the results of this investigation, the project proponent shall alter the location and design of structures that may be on or near the fault, if such alteration is determined to be prudent in the judgment of the engineering geologist and geotechnical engineer. This measure is especially pertinent to grading associated with the proposed school sites near the Sherburne Hills Fault northeast of the project site boundary. (MM 10.3) 57.* Avoid landslide and colluvium areas. The project proponent shall ensure that the final grading plan avoids development on existing and active landslides, areas of thick colluvium, and zones where debris flows end, except where those conditions have been repaired and stabilized consistent with Mitigation Measure 10.5. Debris flows located in designated open space, park, or golf course areas should be repaired if determined to be prudent in the judgement of the engineering geologist and geotechnical engineer, or these areas should be avoided and posted to limit public access to protect public safety. (MM 10.4) *Mitigaiton Measures 16 58.* Stabilize landslide and colluvium areas. The project proponent shall ensure preparation of a final grading plan that would result in stabilizing landslide and colluvium areas. The following recommendations of the geotechnical exploration report shall be imple- mented: A. Excavate unconsolidated and unstable earth material and colluvium subject to a landslide hazard down to bedrock and replace with compacted and engineered fill. B. Excavate keyways into firm and stable material and then backfill with compacted material. Appropriately engineered buttresses and retaining walls, debris benches, catchment and deflection structures, and surface, subsurface, and keyway drainage facilities should be constructed, where necessary, according to the specifications in the geotechnical report (ENGEO, 1992). C. Set back all permanent structures from the base of uphill slopes a distance equivalent to one-half the vertical slope height or a maximum of 15 feet. (MM 10.5) 59.* Stabilize expansive soils. The project proponent shall direct preparation of a final grading plan that would ensure stabilization of expansive and compressible soils. The following recommendations of the geotechnical exploration report shall be imple- mented. One or more of these shall be applied at the discretion of a geotechnical engineer: A. Install piers below the zone of moisture fluctuation and a grade beam foundation or a rigid mat foundation as appropriate, according to the design criteria contained in the geotechnical report (ENGEO, 1992). B. Use appropriate guidelines for slab-on-grade construction for secondary slabs, as established in the geotechnical report (ENGEO, 1992). C. Maintain moisture content of exposed soil by sprinkling for several days before foundation construction. D. Maintain special requirements for the compaction of expansive soils within the upper 5 feet in building areas to reduce the swell potential to acceptable values. Use the specifications contained in the geotechnical report (ENGEO, 1992). E. Chemically stabilize the expansive clay material under roadways or large building areas with lime. (Implementation of this measure is limited by the high lime content in the naturally occurring soil profiles.) *Mitigation Measures 17 F. Restrict post-construction moisture content of soil material under or near struc- tures by a combination of grading for proper drainage away from structures, installation of closed stormwater drains, construction of foundation subsurface drains and underfloor drains," allowance for crawl space ventilation, and emplacement of impermeable barriers. Apply techniques as appropriate, according to the specifications in the geotechnical report (ENGEO, 1992). G. Require evaluation of xeriscaping in landscape design and maintenance to minimize increases in soil moisture caused by landscape irrigation. If deter- mined to be effective for these purposes, require or strongly encourage xeriscaping, where feasible. (MM 10.6) 60.* Control fill material and placement. The project proponent shall prepare a final grading plan that ensures control of fill material and placement. The following recommenda- tions of the geotechnical exploration report should be implemented; where necessary, an alternative method to reduce this impact: A. Fill materials shall be placed at a depth recommended by the geologic engineer, based on the expansion potential of the specific material being handled. B. Compact fill material to the minimum standards recommended in the geotechn- ical report (ENGEO, 1992). C. Reduce settlement potential by entirely removing alluvial and colluvial soil material from fill areas in excess of 15 feet in depth. D. Place a geogrid isolation mat at a shallow depth within fill material, according to specifications in the geotechnical exploration report (ENGEO, 1992), where lateral deformation tolerance is:low and such placement is judged advisable by the geotechnical engineer. E. Sub-excavate soil material and replace with engineered fill to achieve a fill thickness under individual buildings that will not exceed 10 feet. (MM 10.7) 61 .* Prepare an erosion control program. The project proponent shall direct preparation of an erosion control program to control short-term and long-term soil erosion and sedimentation in Coyote Creek and West Branch Alamo Creek. The erosion control program shall be prepared to meet the requirements of the Contra Costa County Public Works Department and all requirements of the County grading and erosion control ordinance and shall be approved by the County before commencement of grading. The erosion control program shall generally include the following elements, as required by the County: *Mitigation Measures 18 A. Goals for grading, stabilization, and revegetation consistent with the final grading concept plan. B. Species lists, planting density, and irrigation requirements for restored areas. C. Locations of all areas where vegetation will be removed. D. Methods to stabilize these areas. E. Locations of areas to be revegetated and types, quantities, and methods of seeding, mutating, planting, fertilizing, and irrigating planted areas. F. Methods to reduce run-off across cut-and-fill slopes and other graded areas. G. Location and function of sediment traps and debris basins, methods of using the proposed detention basins as sediment traps during construction, provisions for removing sediment after construction, disposal locations and provisions for long-term maintenance, location and type of temporary measures such as hay bales, earth berms, sand-bagging, or silt fences. H. A schedule for implementation so that all erosion control measures will be installed and maintained throughout the rainy season of each construction year. The erosion control plan shall also incorporate and implement the following recommen- dations of the geotechnical exploration report: A. Conduct grading and other land disturbance during the normal dry season from April 15 to October 15, to the fullest extent possible. B. Divert water from slopes at all times during grading and construction when there is a threat of heavy rainfall. C. Construct concrete or asphalt drainage facilities to divert surface water run-off from slopes with heights in excess of 30 feet. D. Control stream channel erosion by a combination of slope protection, removal of channel debris, rerouting and reshaping of the channel, and revegetation of stream banks. E. Hydroseed and landscape graded slopes as soon as possible following completion of grading or prior to October 15 of the year grading is performed. Slopes should remain vegetated thereafter. F. Landscape with drought-tolerant vegetation with drip irrigation at a low frequency. (MM 10.8) *Mitigation Measures 19 62.* Stockpile topsoil. The project proponent shall direct that the following procedures for stockpiling topsoil are incorporated into the final grading plan (Mitigation Measure 10.1) and the ECRC (Mitigation Measure 10.8), and are implemented: A. Remove and stockpile the surface layer of soil (AP horizon) in all locations where this is feasible before mass grading begins. This soil shall be conserved and managed for future replacement on all landscaped and revegetated areas after the completion of grading. The depth of the AP horizon is typically 5 inches for both the Diablo and Clear Lake soil series. The stockpiled surface soil material shall not be piled to a depth greater than 4 feet. If stock piled longer than six months, the surface soil material should be stockpiled for the minimum time feasible, but in any case, stockpiling duration shall not exceed 2 years. The stockpiled surface soil material should be replaced with, a minimum of compaction, which is any case should not exceed the bulk density of the naturally occurring surface soil horizons. (MM 10.9) 63. Design water storage tanks,water distribution lines, and the wastewater collection line to resist potential damage. The project proponents under direction of EBMUD shall design all water and wastewater infrastructure based on a grading plan and engineering geotechnical study prepared as part of grading plans under Mitigation Measure 10.1 . The grading plan shall be reviewed and approved by the County Geologist or an engineering geologist acting on behalf of the County prior to the County's approval of the grading plan for the affected property. Design of water and wastewater infrastructure is also subject to review and approval by EBMUD and Central San. (MM 10.10) Visual 64.* Emulate existing landforms. The project proponents shall design final grading to emulate existing landforms in the immediate vicinity of the graded area. All engineered slope edges shall be rounded and slope percentages varied to create undulating natural- appearing cut-and-fill slopes throughout the project development. Slopes should average 3:1 horizontal to vertical, with no cut slope exceeding 2:1 and no fill slope exceeding 2:1 in steepness. The following guidelines shall be used in the project grading design: Cut: Slopes up to 4 feet = 2:1 maximum Slopes of 4 feet to 80 feet = 3.1 to 1 maximum Slopes > 80 feet = 3.25:1 maximum Fill: Slopes up to 8 feet = 2.1 maximum Slopes > 8 feet = 3:1 maximum Slopes for buttress fills up to 12 feet = 2.5:1 maximum. (MM 11 .1 ) *Mitigation Measures 20 65.* Revegetate with native vegetation. The project proponent shall revegetate all finished graded slopes using species and patterns designed to emulate existing native vegetation patterns of the region. Therevegetation program shall consider substantial tree planting on graded and slope areas where practical be designed by a qualified revegetation specialist and implemented as part of, or immediately following construction by project phase. Temporary construction slopes and other undeveloped graded areas should be seeded with a native grass and wildflower mix as specified by erosion control measures. (MM 11 .2) 66.* Minimize grading in drainage corridors. The project proponents shall minimize grading and alteration of existing landforms, creeks, and drainage elements for the golf course and other recreation areas and trails., The project proponents shall design the golf course to maintain all drainages as open drainages and use only small bridges and short culverts for pedestrian, cart path, and maintenance-vehicle crossings. (MM 11 .3) 67.* Use native-appearing construction materials and treatments. The project proponents shall stabilize creek banks and treat bridges and other improvements in the creek corridor and all recreation areas using native-appearing construction materials and treatments (e.g., wood, rocks, and textured patterned or earth-tone concrete) where feasible. (MM 11 .4) 68.* Screen development. The project proponents shall implement submitted landscape plans to screen residential development and other built facilities with berms and native vegetation where development would be visually intrusive and incongruous with entrances into the project site. All landscape plans shall meet the requirements of the County Water Conservation Ordinance. This measure shall be implemented as part of, or immediately following construction, where feasible or practical. (MM 1 1 .5) 69.* Use low-glare earth-tone colors and materials. The project proponents shall ensure that only low-glare earth-tone colors are used as the primary color for all buildings, fencing, and other structures visible from adjacent residences, gateways, important viewing locations, and recreation areas and features. The project proponents shall design any signs, other than required traffic signs, to relate to the scale of surrounding uses and landscape; the signs should be constructed of native-appearing materials and treatments (e.g., colored and textured concrete, patterned or native stone, or wood) and shall use only low-glare earth-tone or subdued colors. color and material boards. (MM 1 1 .6) 70.* The project proponents shall setback all houses a minimum of 15 feet from the center of the rounded edge of a cut or fill slope or the rear property line (whichever is closer to the structure) where the structures are to be located above the slopes. For any detached housing unit with a rear yard on the golf course, off-street trails or open space, part of the rear yard setback can be 6 feet, provided that the average rear yard setback is not less than 15 feet. Storage structures over 40 inches in height will not be allowed within the minimum rear setback area on dwellings abutting the golf course, trails, or open space and shall be submitted for review and approval of the Zoning Administrator prior to issuance of building permits.. (MM 11 .7) *Mitigation Measures 21 71 .* Limit structure height. Structures shall be limited to 35 feet or less for all housing. The building height is defined as the distance between the average exterior grade elevation and the average roof height. (MM 11 .8) 72. The use of side-entry garages shall be encouraged and frontage setbacks may be reduced to 15-feet at the discretion of the Zoning Administrator. 73.* Preserve major ridgeline. No buildings or structures (including fencing walls or water tanks) shall be built in that portion of the southerly open space designated as a major ridgeline in the CCCGP and indicated on Figure 10-4. Development and management of the open space area should include provisions to protect this continuous unbroken ridgeline that can be viewed from project gateway areas, recreation areas, residences, and other important on-site or off-site locations. (MM 11 .9) 74.* The project proponents shall design any permanent erosion control features (as may be required under Mitigation Measure 10-8) to conform with the existing topography, vegetative patterns, and colors of the area and screen these features with berms and native vegetation. Implementation of this measure should be incorporated into design of these facilities and shall be approved by the Community Development Department before the final engineering design plans for these facilities are approved by the Public Works Department of Flood Control District. (MM 1 1 .10) 75.* Provide path setbacks. The project proponents shall provide a setback for all golf course roads/paths in creek corridors and establish and maintain a native vegetation buffer in the setback area between the creek and road. The setback would vary in width according to creek size and depth. (MM 1 1 .1 1 ) 76.* Retain native vegetation. The project proponents shall retain and revegetate with native vegetation existing drainage where feasible. Creek crossings for golf course roads/paths should be perpendicular and use bridges where feasible to avoid filling creek channels. The revegetation program shall be designed by a qualified revegetation specialist implemented as part of or immediately following construction by the project phase and should be approved and monitored by the County as a condition of tentative map approval. (MM 1 1 .1 2) 77.* Establish a native vegetation buffer. The project proponents shall establish a native vegetation buffer a minimum of 50 feet wide (average) between creek centerlines and recreation features (e.g., golf course facilities, tennis courts, and other active recreation features) for Coyote Creek throughout the project site. (MM 1 1 .13) 78.* Design creek crossings to reduce visual impacts. The project proponents shall design the Bollinger Canyon Road crossings of Coyote Creek and West Branch Alamo Creek as bridge structures or other alternative methods that avoid physical intrusion into the channel area. The design shall incorporate innovative techniques to retain, contour grade, drain, and revegetate the bridge abutment areas. 'The surface texture and color *Mitigation Measures 22 used in these bridge designs should implement Mitigation Measure 1 1 .4. The bridges and transition design shall be approved by the Contra Costa County Public Works Department and Community Development Department. (MM 1 1 .14) 79.* Site water tanks to minimize visibility., If EBMUD requires additional water tanks in the locations indicated on Figure 10-9, the tanks shall be positioned to minimize their visibility from several directions by selecting specific site on the shoulder of hills or ridgelines and by using construction methods such as full or partial burial, construction of berms, planting of native vegetative screens, and use of low-glare earth-tone colors that blend closely with the surroundings. Underground water distribution lines shall be extended to and from the tank sites using access roads if feasible, .rather than directly up natural slopes. (MM 1 1 .15) This is not the responsibility of the project applicant. It is the responsibility of EBMUD. 80.* Access roads shall be designed to minimize visibility and visual impacts of the access road(s) and maintenance roads at water tank sites by selecting routes that approach the site(s) from the direction of maximum tank visibility, and by minimizing road width and cut-and-fill requirements, revegetating disturbed areas with native vegetation, siting roads and varying their width to fit closely with the natural topography, designing road portions located high on hillsides to be 4% outsloping, with rolling dips and road portions located low on hillsides to be insloping with ditches and culverts. (MM 1 1 .16) This is not the responsibility of the project applicant. It is the responsi- bility of EBMUD. 81 .* Leeate-faFe-Fetads to-minimize visibility. The"rejeet PFO shall leea a ffire Fea ., I cat f.:)r :raa€.s: o; nErrt:z.e:vis�b[IRV The prflleGt prc�ponei�ts shat) )ocate f�re.roac� In Ccrdryt4 ':vuf k :'ICCaf Service provldet �n;debris Catchment:bassi ereas yr ori t# '1� ps.pf buttress fit re s:as fe s blo to further sec ce the fEre road vEs�b�li }+ tMIV# ............... . 82.* Design fencing to minimize visibility. The project proponents shall use low fencing of welded wire mesh or barbed wire strand no higher than necessary to control stock and domestic animal access. (MM 11 .18) 83.* Design stormwater detention facilities to fit landform patterns. The project proponents shall design stormwater detention facilities to fit the area's natural landform patterns and be curvilinear in form and with undulating sideslopes averaging 3:1 or less in steepness, use natural-appearing materials and colors for drainage facility structures, and screen all drainage facility structures from important viewpoints using native vegetation. (MM 11 .19) *Mitigation Measures 23 84.* Minimize off-site night lighting visibility. The project proponents shall design lighting for areas of concentrated night lighting, such as the club house, driving range, tennis courts,church,and parking lots,to minimize their off-site visibility by using downward- oriented high-pressure sodium lights and physical screening materials subject to approval of the Contra Costa County Community Development Department prior to issuance of site building permits. (MM 11 .20) 85.* Use low-glare earth-tone colors. The project proponents shall ensure that only low- glare earth-tone colors are used as the primary color for all buildings, fencing, pavement, and other structures visible from adjacent residences, gateways, important viewing locations, and recreation areas and features, subject to approval.of the Contra Costa County Community Development Department prior to issuance of site building permits. (MM 11 .21) 86.* Delineate no-grading zones. The project proponents shall for the duration of the construction operations, stake,flag, or fence off all areas not to be graded and prohibit any construction operations in areas determined to be non-grading zones. Temporary creek crossings for construction access should be minimized and should be located at focused and pre-approved crossing locations. All creek crossings shall be restored and enhanced to conditions specified in the restoration plan. Additionally, grading and alteration of existing landforms, creeks, and drainage elements for the construction staging areas, borrow sites, and stockpiling areas shall be conducted at pre-approved areas and should not be located in the Coyote Creek channel preservation corridor, in the West Branch of Alamo Creek (Figure 3-5), or in open space areas. (MM 1 1 .22) 87.* Implement design guidelines. The project shall be designed to ensure that urban design, architecture, and landscape design features used in the designated scenic corridor compensate for alterations introduced by the project. Project design guidelines shall be implemented to provide standards for achieving attractive, high-quality urban development that will compensate for alterations and enhance the County-designated scenic route. Tke arehEteetral design gudel�nes and final elevators, calor aret in `t :rrtil>`EtrdS. half Iie.$ubmtted tQ the C�t �f San Rampnfpr review and Corrirner�t prier to their subMittai to the Caunty forting A rnfn�strator;for renew and a# prov (MM 11 .23). Biological Resources 88.* Avoid adverse impacts on creek and wetland habitats. The project shall avoid adversely affecting creek or wetland habitat in open space and parks and recreation use areas to the fullest extent possible during final project planning by rerouting proposed trails and pathways and relocating proposed facilities outside wetland areas. The following guidelines are designed to protect wetlands and riparian areas during and after project construction: *Mitigation Measures 24 A. Avoid placing recreational, utility, or support facilities in wetlands. B. Inform construction management and site staff of the importance of protecting natural resources during construction. A qualified biologist shall perform this tasks. C. Prepare and implement a plan for temporary construction fencing sensitive natural resource areas, in consultation with a qualified biologist. Avoid construction activities near creek and wetland habitats during the breeding season (March 15 - July 15) to minimize disturbance of breeding wildlife. in general, construction within riparian habitats, along with a 150-foot buffer zone, should be prohibited during the breeding season (March 15 - July 15). D. Retain a qualified biologist to monitor construction activities throughout the duration of the project to ensure that no construction or staging activities damage sensitive areas. E. Place signs along trails and other recreational use areas that explain the value of and threats to riparian and wetland habitats provide information on species inhabiting the riparian habitats. Place signs along trails entering the riparian corridor, wetlands, and other open space areas requiring pets to be leashed. In addition to serving as an educational tool, the signs would help discourage human and domestic pet intrusion into riparian habitats and possibly lessen further impacts on the riparian habitats. F. The amount of light broadcast in the riparian area shail be restricting. The height of light fixtures along pathways (2 - 3 feet) and shield and direct lighting downward toward the path. Within the riparian area, the amount of light broadcasted shall be restricted by limiting the height of light fixtures along the pathways to 2 - 3 feet and shield and direct lighting downward toward the path.(MM 12.1 ) 89.* Minimize the creation of mosquito breeding conditions. The mosquito abatement district shall be included in wetland and riparian habitat restoration and enhancement planning. Recommendations from the abatement district will be used in wetland and riparian habitat design that will minimize the creation of mosquito breeding conditions and reduce the need for mosquito abatement activities. (MM 12.2) 90.* Minimize the disturbance caused by mosquito abatement activities. The local mosquito abatement district shall minimize the disturbance caused by mosquito abatement activities in wetlands during periods of active wildlife breeding activities (March 15 - July 1 5). If mosquito abatement is required during the breeding season, the mosquito abatement district should conduct a wildlife survey to determine if sensitive wildlife species are present that could be disturbed (e.g., tri-colored blackbirds and other *Mitigation Measures 25 colony-nesting species). If sensitive wildlife species are present and mosquito abatement is necessary, the mosquito abatement district should contact DFG to determine the appropriate procedures. (MM 12.3) This is not the responsibility of the project applicant, but the responsibility of local Mosquito Abatement District.. 91.* Prevent. or compensate for fill activities in jurisdictional wetlands. The project proponents shall prevent dredge or fill activities in jurisdictional wetland areas or compensate for unavoidable loss of on-site freshwater marsh in consultation with DFG, USFWS, RWQCB, and the Army Corps as a condition of Section 404 permit. To determine the extent and location of areas under Section 404 jurisdiction, a qualified wetland specialist shall complete the Army Corps verification of a wetland delineation of the site. Areas determined to be jurisdictional wetlands or other waters of the United States should be protected from discharges of solid or liquid construction material by erecting barricades of hay bales, dikes, or silt fences upslope from the wetlands prior to construction. Proposed enhancement of riparian areas would provide some compensation for or elimination of impacts on wetlands; however, additional mitigation would likely be required to fully compensate for the loss of wetland habitat as a condition of a Section 404 permit. A qualified restoration ecologist shall be retained by the project proponent to develop and implement a wetland restoration plan in consultation with the Corps as a condition of a Section 404 permit. The plan shall specify the replacement acreage and values required to fully mitigate wetland impacts, including performance standards, length of monitoring, funding sources, timetable for implementation, locations and treatments prescribed for individual mitigation sites, and an assessment of expected results of treatments in meeting performance standards. The mitigation would be considered successful when acres and values have been replaced, the mitigation plantings no longer require active management, and the mitigation sites are protected in perpetuity. The following elements shall be included in the restoration plan: A. The location, treatment, type, and form of planting stock appropriate for the region and wetland type mitigated. B. Salvage plans for wetland vegetation that will be affected by development of a source of seed or other propagation stock. C. Revegetation sites within protected non-development buffer zones. D. Monitoring requirements (typically annual or semi-annua! monitoring for 3 to 5 years) to ensure that plants have successfully established. E. Remedial measures, such as replanting, enhancement, and control of exotic species that could be employed to ensure success of the mitigation effort. *Mitigation Measures 26 The following elements shall also be included for loss of stock pond habitat: A qualified restoration ecologist shall develop a wetland mitigation plan in consultation with the Corps as a condition of a Section 404 permit that specifies the location, size, and habitat values of replacement stock ponds. Stock pond habitats would be considered successfully mitigated when the eliminated acreage has been replaced, similar ecological conditions such as emergent vegetation have successfully established in the replacement ponds, and replacement ponds no longer require active manage- ment. The following elements shall also be included for the loss of perennial and seasonal creeks: A. Determine appropriate compensation ratios and approaches in consultation with the Corps as a condition of a Section 404 permit. B. Assess the effectiveness of proposed creek enhancement in replacing lost functions and values. If additional mitigation is required to fully compensate for loss of perennial and seasonal creeks, identify revegetation sites within protected non-development buffer zones. C. Monitor plantings semi-annually for a minimum of 5 years to ensure that plants have successfully established. If establishment is unsuccessful, implement remedial measures, such as replanting, removal of escaped exotics, or enhancement of similar off-site occurrence. The Community Development Department shall ensure that the project proponents have complied with Section 404 of the Clean Water Act before issuing a grading permit. If the impact cannot be avoided, the project proponent shall fund preparation of a comprehensive wetland mitigation plan and begin implementation of the plan prior to construction. (MM 12.4) 92.* Expand and implement the creek revegetation plan. Implement Mitigation Measures 12.1 , 12.2, 12.3, and 12.4 and expand and implement the creek revegetation plan to include the loss of wetland habitat and riparian habitat along West Branch of Alamo Creek. Expansion and implementation of the creek revegetation plan (LSA Associates, 1992) shall be conducted to include the loss of these habitats associated with the realignment of Dougherty Road not included in the existing creek revegetation plan. (MM 12.5) 93.* Compensate for loss of willow riparian forest. If elimination of willow riparian forest is unavoidable, the project proponent shall replace lost trees by planting stem cuttings for each tree eliminated. Stem cuttings shall be planted prior to construction in open space areas or other places that will be protected from further impacts, including livestock grazing and subsequent recreational use of open space areas. Plantings shall be placed as close as possible to the site of impact, and should be collected from trees *Mitigation Measures a 27 on-site or in the immediate vicinity of the Dougherty Valley area. Plantings shall be monitored and maintained semi-annually by a qualified biologist or restoration specialist for a minimum of 5 years to ensure that the trees have successfully established. Remedial measures such as replanting, installation of temporary enclosures, or irrigation should be employed if the plantings do not successfully establish during the monitoring period. Impacts on mature riparian forest would be considered successfully mitigated when plants are successfully established and no longer required active management (e.g., watering). (MM 12.6) 94.* Avoid any nesting burrowing owls. The following measures shall be implemented to determine if the owls nest on the project site, and if so, to determine what measures need to be undertaken to protect the owls from construction activities and mitigate for the loss of breeding and foraging habitat. If the owls are found to nest on the project site, nesting habitat may be created in the open space area or off the project site to provide suitably protected burrows (possibly the land adjacent to and east of the Dougherty Valley area). The owls may move to this area on their own or they may be relocated if necessary. Before any project-related construction begins, the project proponent shall conduct surveys in accordance with DFG current protocol during winter and breeding season in the specific areas to be developed in the year that construction is planned to begin to determine owl numbers, locations, and breeding activities. If the owls do not remain on the project site during the breeding season, the following task need not be implemented. The project proponent shall conduct burrowing owl surveys prior to issuance of a grading permit affecting any grassland or alkali habitats. If the owls remain at the project site, the project proponent shall submit the survey results and a mitigation plan for DFG review and approval, and in consultation with DFG, agree to a combination of mitigation techniques to minimize the impacts. They may include: A. Artificial burrow creation. B. Owl relocation. C. Habitat acquisition or enhancement. If the owls are nesting on the project site and DFG recommends additional measures, the project proponent shall follow DFG guidelines. If the owls are threatened by construction activities and other management options are not available, the owls may need to be captured and relocated to protected areas on the project site, such as in an open space area (level or nearly level grasslands) or off the project site. Relocation should be used only as a last resort. Relocating the owls would require a permit from and coordination with DFG. *Mitigation Measures 28 Throughout construction and the life of the project, no ground squirrel control programs will be permitted in the open space areas and mitigation areas. Ground squirrel control programs could kill burrowing owls or reduce nest burrow availability. (MM 12.7) 95.* Minimize golf course run-off into creek. The project proponent shall implement mitigation measures to limit golf course run-off into the creek. A. Maintain a general 50-foot buffer (average) on each side of Coyote Creek through the length of the golf course. B. Grading or irrigation in the buffer area should be permitted only with the approval of a revegetation specialist and the Community Development Department. C. Include native plants in the planting. D. Control stormwater and irrigation run-off on-site by planting dense turf grass or hydroseeding grassy slopes. E. Develop retention basins in Coyote Creek to retain run-off. F. Grade slopes to direct run-off toward swales and away from the creek. G. Direct run-off with grassy swales into rough areas. H. Construct subsurface drains to collect excess water and direct it toward grassy swales. Prior to approval of the final map, the Community Development Department shall verify that the final grading and improvement plans for the proposed golf course are designed to minimize flow into the creek. (MM 12.8) 96.* Reduce grazing intensity on grasslands. The project proponent shall manage existing grasslands in the proposed open space areas and in adjoining property under its control to reduce overall grazing intensity at the site. by meeting or exceeding minimum management recommendations for leaving residual dry matter (RDM), as described for annual grasslands in the U.S. Forest Service's Range Environmental Analysis Handbook. (MM 12.9) Energy 97.* Protect solar access. Each tentative map for residential development shall incorporate design features, wherever feasible, to protect solar access. Tentative maps shall include the following elements: *Mitigation Measures 29 A. Multi-family building envelope location and building height shall be varied to avoid excessive winter shading of south-facing facades, where feasible. B. Building envelope location or setback of single family homes shall be varied to avoid excessive winter shading of south-facing facades, where feasible. C. Include provisions of control landscaping, including the locations and types of vegetation existing or to be provided on the lots. For developer-installed landscaping (1) to allow solar gain in winter months, evergreen trees shall not be located such that mature trees would significantly shade windows on the south side of a residence; (2) deciduous trees shall be planted as needed to provide shading within 5 years of east-, west-, and south-facing glazing. The same provisions would guide architectural review of landscape plans by homeowner associations. (MM 13.1) 98.* Include passive solar design. The developer shall comply with the CEC energy budget limits for the project area by using current CEC prescriptive packages. The developer shall indicate which package(or performance standard calculation) is being used during the building department plan checking process. Encourage placernent of windows and shading elements to take advantage of passive solar opportunities. (MM 13.2) 99.* Include fluorescent fixtures. In addition to the requirements for fluorescent lighting in kitchens and bathrooms as prescribes, regulated, and enforced by Title 24, all lighting fixtures in non-living spaces (i.e., closets, garages, utility room,, , or storerooms) shall accept fluorescent bulbs. This measure would not be included in the Title 24 compliance package for the home; it would be included as an additional conservation measure. Where appropriate, all homes shall initially be outfitted with fluorescent bulbs with color rendition similar to that of incandescent bulbs. This shall be verified before issuance of the occupancy permit. (MM 13.3) 100.* Further reduce project energy use. Water-heating energy use shall be reduced by employing high-efficiency furnaces for water heating with 5% higher efficiency than required by Title 24. Inclusion of this measure would noL be part of Title 24 compliance but rather an additional conservation measures. (MM 13.4) 101 .* Heat all swimming pools built in the project area using solar heaters or initially equip pools with solar blankets. (MM 13.5) 102.* Provide all new homeowners with a copy of the Home! Energy Manual, as currently required by Title 24. The Home Energy Manual (California Energy Commission, 1992) provides useful information to homeowners on a wide variety of energy-conserving features, designs, appliances, and practices. This manual shall be provided in the home as is any other home or appliance warranty documentation. Compliance shall be verified by the County before issuance of occupancy permits. (MM 13.6) *Mitigation Measures 30 103.* Provide electric vehicle charging facilities. The developer shall provide within the garage area of all project homes a separate electrical circuit for charging electric vehicles. 104.* Provide accommodations for public transit. Public transit service shall be extended as development of the project occurs. Furthermore, feeder bus service to the planned East Dublin/Pleasanton Bay Area Rapid Transit (BART) station shall be provided as soon as the station is built. (MM 13.8) 105.* Provide accommodation for school bus service. Neighborhood streets in the project area shall accommodate school bus service. School bus stops shall be placed along residential streets as specified by the SRVUSD, should the SRVUSD decide to extend to the project bus service to local elementary, junior high, and high schools. (MM 13.9) 106.* Create bicycle and pedestrian routes. Pedestrian/bicycle path and trail connections between transit stops and residences shall be convenient and safe, to allow travelers to complete trips without using their automobiles. Bicycle routes shall be provided on all major streets in residential areas of the project development. Safe and convenient pedestrian access should be provided along these same routes. (MM 13.10) 107.* Provide and promulgate park-and-ride opportunities. Provision of park-and-ride facilities along major arterial streets to serve transit stops and to serve as meeting points for ride-sharing promotes a situation in which project commuters would be able to share public parking facilities for park-and-ride purposes. Because the project site is located at a major gateway to the Dougherty Valley, a shared park-and-ride lot shall be provided as part of the project. The project proponent shall designate a site to be used as a park-and-ride lot during the week. The project proponent shall ensure development and provision of the park-and- ride lot at the selected site. The project proponent shall also notify future residents of the project of the availability of the park-and-ride lot as part of home sales disclosure documentation. Compliance shall be verified by the County. (MM 1 3.1 1) Affordable Housing 108. The applicant shall provide affordable housing consistent with the Dougherty Valley Affordable Housing Program, adopted by the Board of Supervisors on March 22, 1994 (or as may be amended). Cultural Resource 109.* Monitor grading activities and inform the County Community Development Department if buried cultural resources are discovered. (MM 16.1 *Mitigation Measures 31 110.* Prepare and implement a detailed mitigation plan for any important archeological resources discovered on the project site. If archaeological resources discovered during implementation of Mitigation Measure 16.1 are determined by the County to be important,the project proponent shall prepare and implement a detailed mitigation plan that includes procedures for resource recovery, avoidance and preservation, or restoration, based on recommendations by a qualified archaeologist. The County Community Development Department shall review the detailed studies and recommen- dations and monitor their implementation prior to resumption of grading. (MM 16.2) Signage 1 1 1 . Prior to issuance of a grading permit, submit for review and approval of the Community Development Department a sign program adhering to the following parameters: A. One major entry sign and related architectural landscape features at the Bollinger Canyon Road entrance. B. Neighborhood entry signs not to exceed 16 square feet. The signs shall be integrated with nearby wall or fence systems. C. Temporary marketing sign: One Neighborhood directional 6' X 6'6" One Neighborhood marketing 6' X 13' One Development marketing 7'6" }: 16' One Model home sign 3' X 3' One Vehicular transportation directional sign 8' X 7' Landscaping .112. Open-fence walls with a solid lower portion no higher than 40-inches with grillwork or lattice work on top shall occur between private residential lots and the golf course. 113. Soundwalls located along Bollinger Canyon Road shall be submitted for review and .................................... approval of the zoning Administrator. The soundwalls shall be setback am.a timu...:n f, 4 feet from back of sidewalk. The soundwalls shall be planted with vines or shrubbery. Submit for review and comment of City of San Ramon. 114. The landscape for the Bollinger Canyon Road entrance shall be modified to eliminate the turf and replace with drought-tolerant groundcover,. 115. Prior to issuance of a building permit, submit final designs and color samples for the clubhouse for review and approval of the Zoning Administrator. *Mitigation Measures 32 1 16. Prior to issuance of a building permit, submit final designs, site plan, color samples and landscape plans comply with the County's Water Conservation Ordinance for review and approval of the Zoning Administrator. 1 17. Prior to filing the final map for the first phase, provide the placement and design of the golf ball net structures for review and approval of the Zoning Administrator. 118. Dead-to the-eUFFent EVA 40M bets-a 013 te-1 143 afteF the of liability maintenanee have been Feselved. CyC .S.,tCf :r[:'t� i[.»cif3gia1`1ir31 ': t� ttf purrenf EVA from lOt .;1 Q 3 ere„�n €he subyis(arlin ccnsu[ta€ror ' wEtf1 Supervisor Bshap and r vfr w r d aPPrau l f f e Q#qty.Z nm Ads r�fnistratAt 119. The final landscape plans shall consider incorporating innovative streetscape treatments, such as tree street wells. 120. Consideration shall be given to locating Lots 534-542, 976-981 , 985 and apartment units 848-885 and 840-847 further from Bollinger Canyon road after completion of the required noise study and refining of the grading plan after all modifications as required by the Conditions of Approval have been analyzed. 121 . Prior to issuance of a building permit, pay a per unit fee of $100.00 to fund the compliance monitoring programs. 122. Prior to filing the final map, the project proponent shall work with the County and City of San Ramon to establish a Community Facility fee to fund construction of a Community Center, Senior Center, Library and Police Substation. 123. The applicant shall bond with Contra Costa County off-site parkland (preferably the two school sites east and adjacent to Country Club at Gale Ranch) to provide a minimum of 6.5 acres per 1 ,000 population. The project proponent shall work with Contra Costa County and the City of San Ramon to facilitate annexation of the school sites into an appropriate water district and wastewater district. 124. Prior to filing the final map for the first phase, establish a county service area or other appropriate vehicle for funding the operation and maintenance of the project area. Road and Drainage Considerations 125. See attached. 33 ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. Applicant shall comply with the Park Dedication Fee Ordinance. B. Comply with the requirements of the Central Sanitary District. C. Comply with the requirements of the San Ramon Valley Fire Protection District or appropriate fire district provider. D. Comply with the requirements of the Health Services Department, Environmental Health Division. E. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. F. 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. G. 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. H. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Dougherty Valley Area of Benefit as adopted by the Board of Supervisors. If a JEPA is established which includes all projects which are to be included in the Dougherty Valley Area of Benefit, this requirement will be considered satisfied by payment of the associated fee. I. The project lies within the 100-year flood boundary as designated on the Federal Emergency Management Agency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 87-65) as they pertain to future construction of any structures on this property. J. The applicant will be required to pay an environmental review fee of $850.00 for the Department of Fish and Game at the end of the appeal period. Failure to do so will result in fines. In addition, the approval is not final or vested until the fee is paid. A check for this fee shall be submitted to Contra Costa County for submittal with the final environmental documents. 34 K. The applicant will be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) permit for municipal, construction 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-Regional II or Central Valley-Region V). (EIR Mitigation Measure 15.4, 15.6, 15.7) L. Vested Rights and Fees: This project is subject to the development fees and regulations in effect under County Ordinance as of August 23, 1994, 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 the conditions of approval. The fees include but are not limited to the following: Park Dedication $2,000.00 per residence. An estimate of the fee charges for each approved lot may be obtained by contact the Building Inspection Department at 646-4992. M. 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. The applicant is advised that the election process takes from 3 to 4 months and must be completed prior to recording the Final or Parcel Map. N. Expiration of Vested Rights: Pursuant to Section 66452.6(g) of the Subdivision Map act, the rights conferred by the vesting tentative map as provided by Chapter 4.5 of the Subdivision Map act shall last for an initial period of two (2) years following the recording date of the final/parcel map. These rights pertain to development fees and regulations. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period shall begin for each phase when the final map for that phase is recorded. At any time prior to the expiration of the initial time period, the subdivider may apply for a one-year extension. The application shall be accompanied by the applicable filing fee. If the extension is denied by an advisory agency, the subdivider may appeal that denial to the Board of Supervisors by filing a letter of appeal with the appropriate filing fee with the Clerk of the Board within 15 calendar days. The initial time period may also be subject to automatic extension pursuant to other provisions of Section 66452.6(g) relating to processing of related development applications by the County. 35 At the expiration of the vesting time period, remaining development (i.e., new building permits) within the subdivision shall be subject to development fees and regulations in effect at that time. 0. The applicant shall be required to comply with the drainage fee requirements for the Drainage Area adopted by the Board of Supervisors. DJC/aa SUBXVI/7796C.DJC 10/13/94 10/25/94 11/3/94 11/16/94 11/30/94 12/13/94-BS (a)