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TO,!, BOARD OF SUPERVISORS . _ ,•
Ctntl
FROM: HARVEY E. BRAGDON / Costa
DIRECTOR OF COMMUNITY DEVELOPMENT _"'"
DATE: November 14, 1994 M
County
SUBJECT: APPROVAL OF THE CREEKSIDE OAKS PROJECT (FILE #2928-RZ) (BELLECCI &
ASSOCIATES, INC. -APPLICANT) IN THE ALHAMBRA VALLEY AREA
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve,the Creekside Oaks Project by taking the following actions:
1. Accept the environmental documentation as adequate.
2. Approve File #2928-RZ rezoning 1.35 acres from General Agricultural (A-2) to Single Family
Residential (R-40) with conditions. (Exhibit A attached)
3. Approve Vesting Tentative Map 7609 for the 17.4 acre Creekside Oaks Project subject to
conditions. (Exhibit B attached)
4. Adopt the findings contained in Resolution #311ftV as the basis for the Board of Supervisors
decision.
5. Introduce the ordinance giving effect to the rezoning; waive reading and set date for adoption
of same.
DISCUSSION
This item was heard by the Central Planning Commission on November 1, 1994. At that time, staff
presented the project in detail and the Commission took public testimony.
The applicant requested several modifications to the conditions pertaining to....
CONTINUED ON ATTACHMENT: x YES SIGNATURE:
4 b
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA 10 F BOA COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Decem er 20, 199Z APPROVED AS RECOMMENDED X OTHER X
See Addendum for Board action.
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND
AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Rose Marie Pietras (510) 646-2031 ATTESTED December 20, 1994
cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF THE
Public Works Department BOARD OF SUPERVISORS AND
C TY AD7ISTRATOR
v
BY: , DEPUTY
RAdm2:2928-rz.bod
Board Order- File #2928-RZ
November 14, 1994
Page 2
BACKGROUND
The proposed project site consists of a total of 17.45 acres of which lots 3 and 4 are zoned A-2 and
lots 1, 2, 5, 6, and 7 are zoned R-40.
The General Plan designation for lots 3 and 4 is Agricultural Lands and lots 1, 2, 5, 6, and 7 is Single
Family Residential - Very Low. A sliver portion amounting to 1.35 acres across lots 1, 2, 5, and 6 is
zoned A-Z. This portion of the site falls within the County Urban Limit Line for residential
development. Therefore, the applicant is required to obtain approval to rezone 1.35 acres from A-Z
to R-20 to maintain consistency with the General Plan's Urban Limit Line.
COMMISSION ACTION
After taking public testimony,the Central Planning Commission unanimously voted its intent to approve
the Creekside Oaks Project with the modifications agreed to and sought by the applicant. In taking
this action, the Commission concomitantly directed staff to bring back the revised conditions of
approval for decision by the Board of Supervisors.
FINDINGS AND CONDITIONS OF APPROVAL FOR REZONING #2928-RZ (Alhambra Valley Area)
1. Developer (SMB Corporation)have indicated they intend to commence construction within tow
and one-half years of the effective date of final project approval.
2. The proposed 17.45 acre site plan brings the property into conformance with the 1991 General
Plan which allows for the requested rezoning. Two exceptions to the 1992 Alhambra Valley
Specific Plan have been granted to the applicant because of undue hardship with regards to
site topography, parcel size, and location of surroundings. The 1.35 acres portion of the site
falls within the County Urban Limit Line and is proposed to be rezoned to comply with General
Plan provisions. The Creekside Oaks Project does not exceed the permitted density range.
3. The Creekside Oaks Project will constitute a residential environment of sustained desirability
and stability by proposing lot sizes that are in conformance with the General Plan and recent
nearby residential projects. There will be one point of access from Alhambra Valley Road to
minimize the impact to the Alhambra Valley corridor. Architectural guidelines are proposed for
the Creekside Oaks Project and the residential environment in harmony with nearby
development.
4. In accord with the findings of the Rezoning application, the County finds that the development
of a harmonious, integrated plan, justifies exceptions from the normal application code,
allowing the creek setback area and areas that exceed 30% in slope be included in net parcel
size requirements.
Mdm22826-rz.bod
ADDENDUM TO ITEM H. 7
DECEMBER 20, 1994
This is the time heretofore noticed for hearing on the
recommendation of the East County Regional Planning Commission on
the request (2928-RZ) of Bellecci and Associates (applicant) and
Pauline and Velda Mattson (owner) for approval to rezone 1 . 35
acres of land from General Agriculture (A-2) to Single Family
Residential (R-40) in the Alhambra Valley area.
Dennis Barry, Community Development Department, presented
the staff report on the proposed project, described the proposed
project location, and he commented on the recommendation for
approval of the project .
Supervisor Bishop requested clarification on the septic and
percolation for this project .
Mr. Barry responded on meetings with the Health Department
on the subject of septic suitability and he spoke on conditions
from the Health Department that were included for the project .
Michael Spencer, Bellecci and Associates, 2290 Diamond
Boulevard, #100, Concord, representing Pauline and Velda Mattson,
clarified the septic and percolation issues and commented that
the Health Department is in support of the project at this level .
Mr. Spencer also commented on Condition of Approval 27D and
requested that it read if the existing fence is in violation of
the County Ordinance Code, the County shall exercise its powers
to have the fence relocated at no cost to the project owner,
based on the fact that the fence does not lie on the Mattson
property and they have no authority over the fence .
Supervisor Smith inquired if there were written support or
comments on the project from the City of Martinez or the Alhambra
Valley Homeowners ' Association.
Mr. Barry responded on a December 17, 1990 letter from the
City of Martinez .
Mr. Spencer responded on comments from both groups .
Supervisor Bishop, commented on a letter from the Fire
District relative to the roads .
Mr. Spencer responded on the required width of the roadway
for the project being twenty feet .
The Board discussed the issues .
Victor Westman, County Counsel, suggested that perhaps the
applicant could place the road in another location and also make
it clear in the conditions that the applicant is not to get a
final parcel map approved or building permits issued until they
have fully satisfied the Health Department on the sewer treatment
and whatever systems the applicant is proposing.
Supervisor Smith moved approval of staff ' s recommendations
with the amendments as stated by County Counsel to make it clear
that the Health Department must approve the conditions, and
modifying Condition D on page 13 to the extent that the County
. will cooperate with its eminent domain powers in order to assure
this but the County will not bear the cost of assuring compliance
with the site distance obstruction which is to be borne by the
project .
IT IS BY THE BOARD ORDERED that recommendation 1, 2 and 3
with amended conditions (Exhibit A attached) , 4 and 5 are
APPROVED; and Ordinance 95-1, giving effect to the rezoning, is
INTRODUCED, reading waived and January 10, 1995 is set for
adoption of same.
*CONDITIONS OF APPROVAL FOR VESTING TENTATIVE MAP SUB 7609 AND 2928-RZ
(Creekside Oaks Estates)
The project site lies within the area of the Alhambra Valley Specific Plan adopted by the Board
of Supervisors on October 6, 1992. All development must comply with the design restrictions
of the Specific Plan.
General Conditions
1. This application is approved, subject to the Board of Supervisors approval of 2928-RZ,
generally as shown on the Revised Vesting Tentative Map dated received July 7, 1993
by the Community Development Department for a maximum of 7 lots on the 16.65
acre site. Unless otherwise indicated,the following conditions shall be complied with
prior to filing the Final Map.
2. The approval is for a three (3) years 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 is based upon the exhibits received by the Community Development
Department listed as follows:
A. Exhibit A - Revised Vesting Tentative Map received July 7, 1993 for 7
lots by the Community Development Department for single family
residences on the 16.65 acre site.
B. Exhibit B - Tentative Grading plan for site shown on same sheet as Revised
Vesting Tentative Map dated received by the Community Development Depart-
ment on July 7, 1993.
C. Exhibit C - Slope Analysis.
D. Exhibit D - Scenic Easement.
The approval is also based upon the following reports:
A. Preliminary Geotechnical Reconnaissance Mattson Estates prepared by Engeo,
Inc. and dated received March 24, 1989 by the Community Development
Department.
B. Preliminary Geotechnical Reconnaissance Update,prepared by Engeo,Inc.dated
received November 2, 1990 by the Community Development Department.
C. Report and Geologic Issues,two reports,prepared by Darwin Myers Associates,
dated received on July 27, 1993 and July 11, 1994 by the Community
Development Department.
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D. Creek Preservation and Enhancement Plan prepared by W.E.S. Technology
Corporation dated received on July 15, 1993 by the Community Development
Department.
E. Creekbank - Riparian Habitat Setback Verification prepared by W.E.S.
Technology Corporation dated received on July 15, 1993 by the Community
Development Department.
F. Tree Impact Analysis prepared by W.E.S. Technology Corporation dated
received on July 15, 2993 by the Community Development Department.
G. Archaeological Reconnaissance of the Mattson Property submitted by
Archaeological and Historical Consultants dated April 1, 1993.
4. This subdivision is approved contingent upon approval of rezoning request 2928-RZ,
of 1.35 acres of land from General Agricultural (A-2) to Single Family Residential
(R-40) to conform with the County General Plan to the Urban Limit Line.
Indemnification
5. Pursuant to Government Code Section 66474.9,the applicant(including the subdivider
or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa
County Planning Agency and its agents, officers, and employees from any claim,
action, or proceeding against the Agency (the County) or its agents, officers, or
employees to attack,set aside, void, or annul, the Agency's approval concerning this
subdivision map application, which action is brought within the time period 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.
Establishment of Police Services Districts
6. The owner of the property shall participate in the provision of funding to maintain and
augment police services by voting to approve a special tax for the parcels created by
this subdivision action. The tax shall be $200 per parcel annually (with appropriate
future Consumer Price Index (CPI) adjustment). The election to provide for the tax
must be completed prior to the filing, of the Final Map. The property owner shall be
responsible for paying the cost of holding the election. The fee for election costs will
be due at the time that the election is requested by the owner.
Addressing and Street Names
7. 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.
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Archaeological Reconnaissance of the Mattson Property
8. The applicant shall comply with the following archaeological resource requirements set
forth in the Archaeological Reconnaissance of the Mattson Property report prepared
by Michael Smith and Suzanne Baker.
A. If any significant cultural materials such as artifacts, human burials, or the like
are encountered during construction operations, such operations shall cease
within 10 feet of the find, the Community Development Department shall be
notified within 24-hours and a qualified archaeologist contacted and retained
for further recommendations. Significant cultural materials include, but are not
limited to, aboriginal human remains, chipped stone, groundstone, shell and
bone artifacts, concentrations of fire cracked rock, ash, charcoal, shell, bone,
and historic features such as privies or building foundations.
B. Appropriate mitigation of the cultural resources may include monitoring of
further construction and/or systematic excavation of the resources. Any
artifacts or samples collected as part of the initial discovery, monitoring or
mitigation phases shall be properly conserved, catalogued,analyzed, evaluated
and curated along with associated documentation in a professional manner
consistent with current archaeological standards.
Design Criteria
9. Development plans for each building site shall be reviewed and approved by the Zoning
Administrator at least 30 days prior to issuance of building permits. Homes and other
large structures shall be designed and placed to minimize the visual impact from
adjoining properties or roadways. All structures shall have non-flammable roofs and
fire retardant or non-flammable siding. All out-buildings shall have adequate spacing
from residences.
10. At least 30 days prior to the issuance of building permits, the applicant shall submit
building plans complying with the following design requirements as applicable for the
review and approval of the Zoning Administrator:
A. The applicant will be required to submit prior to the issuance of a building
permit for Lots 1, 2 and 3,a site plan with cross sections showing the location
of the house site for the review and approval of the Zoning Administrator. The
home site may have to be lowered to avoid visibility.
B. For Lots 1, 2 and 3 to minimize visibility onto a designated Scenic Gateway,
the building shall be tucked into the hillside to reduce the bulk, by excavating
underground or below grade.
C. For Lots 1, 2 and 3 the building shall be terraced by using the slope. Use roofs
of lower levels for the deck open spaces of upper levels.
D. Use colors that will blend with the natural landscape and neighboring buildings.
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E. Prior to the issuance of a building permit for Lots 1, 2 and 3, the
applicant shall submit a landscaping plan to help camouflage the
structure from Alhambra Valley and Reliez Valley Roads as natural
contours and accent natural features.
F. Accessory structures should be clustered near the main residence and
not be scattered away from the primary building.
G. Protection of Knoll View - Design of new residential structures should be
located and designed so as to minimize the obstruction of any knoll silhouette
as viewed from scenic routes on the valley floor.
H. Drainage - Each building site should be graded so that concentrated
water caused by improvements to not flow onto an adjacent property,
but instead is directed into a natural drainage channel, street or storm
drainage facility.
I. Fences - Fences should be designed and located so that they do not block
vehicle and pedestrian sight lines and so that they are compatible with the
design of the residential building and are aesthetically attractive.
J. Roofs - All roofs on new structures shall be of non-combustible materials and
achieve a Class "A" rating or better. Shake roofs or shingle roofs will not be
permitted.
K. Exterior Lighting - Both construction and permanent exterior lighting should be
designed to eliminate glare and annoyance to adjacent property owners,
passerby and vehicular traffic. Lighting shall be shielded and directed
downward. Lamps should be low wattage and have an incandescent light
color.
L. Erosion Control -Landscape plans should include appropriate planting to repair,
reseed and/or replant all grading cuts to prevent erosion.
M. Driveways - The maximum slope of new residential driveways should not
exceed 25%; all driveways with a slope of 20% or more shall be constructed
with grooved concrete. Driveways should be designed to follow as closely as
practical to the natural contours of the property and to provide safe access,
minimal grading and least amount of retaining walls as practical.
N. Siting of Leachfields - Placement of leachfields for proposed tentative
subdivision map applicants shall meet the requirements of the County Health
Department.
O. Interior Sprinkler - All new residences shall be equipped with interior sprinkler
systems to aid in the suppression of fires. The use of fire retardant materials
is encouraged.
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P. Drought-Tolerant Landscaping - The applicant shall submit for each new
residence a landscaping plan for review and approval of the Zoning Administra-
tor. Landscaping for new residences shall comply with the County policy on
Water Conservation Landscaping. The County policy cross-references the
guidelines developed by the East Bay Municipal Utility District. Turf areas shall
be restricted to a maximum of 25% of the total planting area. Automatic
irrigation controls with moisture sensing devices for turf areas are required.
Low volume irrigation systems shall be required for non-turf areas.
Statement to Prospective Buyers
11. Prior to filing a Final Map, the applicant shall submit a statement to the Zoning
Administrator indicating that he will provide a copy of this approved permit including
requirements as to compliance with the residential design requirements- of the
Alhambra Valley Specific Plan to prospective buyers.
Rural Residential Development Policy and Health Services Department Requirements
12. For Lots 3 and 4, prior to filing the Final Map, comply with the policy criteria for
subdivision of agricultural lands in accord with General Plan adopted on January 29,
1991 and comply with the requirements of the Health Services Department,
Environmental Health Division, for sewage as follows:
A. The following statement shall be recorded at the County Recorder's Office for
each parcel to notify future owners of the parcels that they own property in an
agricultural area:
"This document shall serve as notification that you have
purchased land in an agricultural area where you may
regularly find farm equipment using local roads; farm
equipment causing dust; crop dusting and spraying .
occurring regularly; burning associated with agricultural
activities; noise associated with farm equipment and
aerial crop dusting and certain animals and flies may exist
on surrounding properties. This statement is, again,
notification that this is part of the agricultural way of life
in the open space areas of Contra Costa County and you
should be fully aware of this at the time of purchase."
B. The land must be suitable for a sewage disposal system in accordance to the
County Ordinance Code criteria and Health Services Department regulations.
Geotechnical and Grading Requirements
13. The applicant or owner shall submit grading plans for review and approval of the
Zoning Administrator prior to issuance of a grading permit for the purpose of tree
preservation. All the mitigations contained in the July 15, 1993 Tree Impact Analysis
are mandated. Prior to the submittal to the Zoning Administrator, a licensed arborist
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shall have an opportunity to comment on the proposed plan relative to compliance with
required tree preservation measures.
14. At least 45 days prior to issuance of a grading permit, or installation of improvements
or utilities, submit a preliminary geology, soil, and foundation report meeting the
requirements of Subdivision Ordinance Section 94-4.420 for review and approval of
the Planning Geologist. Improvement, grading, and building plans shall carry out the
recommendations of the approved report. The report shall address the recommenda-
tions and conditions of the ENGEO Report dated November 2, 1990 to the satisfaction
of the County Planning Geologist.
15. Prior to issuance of building permits within SUB 7609, submit an as-graded geologic
map compiled by the consulting engineering geologist during grading for subdivision '
improvements. Map shall identify rock units, orientation of bedding and/or other
discontinuities, and the location of any seepage,fill keyways,and subdrainage material
with cleanouts and outlets as surveyed by the project civil engineer. The map and a
final geologic report by an engineering geologist shall be submitted to the Planning
Geologist for review and approval before final grading inspection by the Building
Inspection Department.
16. Record a statement to run with deeds to the property acknowledging the approved
report by title, author (firm),and date, calling attention to approved recommendations,
.and noting that the report is available from the seller.
Creek Preservation Requirements
17. The applicant shall be required to fulfill all recommendations for proposed improve-
ments for the streambed,creek bank and for upland channels which drain to the creek,
set forth in the W.E.S. Technology Corporation report entitled "Creek Preservation and
Enhancement Plan" when applicable as follows:
A. Replacement of culverts at all road crossing locations.
B. Emplacement of small walls in road cut areas (on the downhill side of
the road) to minimize use of extensive amounts of fill material and
consequent erosion.
C. Redesign of road sections where necessary to minimize vegetation removal and
consequent erosion.
D. Narrowing of road alignment in appropriate locations, as approved by the
County, to reduce vegetation removal (major trees) and consequently reduce
erosion-siltation of the creek.
E. Proper sizing of all culverts to accommodate the maximum design storm
required by the County.
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F. Minimal construction should be carried out in the creek channel. Bridge
construction and emplacement of creekbank walls should be monitored to
ensure that soil is not dropped into the stream channel.
G. Use of energy dissipation devices at the bottom of the creekbank to disperse
flows during high flow events. Rough rip-rap or similar material could be used
below culverts to prevent scouring and undercutting of creekbanks.
H. Perform construction of the entrance road and all major construction activities
within dry season months.
I. Cover any cuts with straw or other suitable material in graded areas which will
not be immediately paved or otherwise covered.
Creekbank Revegetation Plan
18. W.E.S.Technology Corporation recommends that project structures which will directly
impact the creek be limited to the entrance road and bridge. Additionally, culverts be
emplaced in the two major drainage channels which intersect the creek. Culverts will
be required in the southern ravine at the main subdivision road crossing and at the
crossing of the driveway to Lot 3. The northern ravine will require culverting only at
the main subdivision road crossing. Construction activities in these ravines will
require reseeding with tough grasses which will bind the soil on the ravine banks.
Brome and fescue would be appropriate grasses with strong root systems.
W.E.S. Technology Corporation also recommends placement of energy dissipators at
the bottom of the side channel. Revegetation may be necessary in the area in which
grading is done for the bridge and for drainage channel structures. The use of native
plant species (bushes or small trees) for stabilization of exposed soil adjacent to these
structures are recommended.
Creek Setback Reauirements
19. W.E.S. Technology Corporation has recommended that building pads shall be sited as
far as possible from the creek to prevent erosion during construction and to prevent
any impact on bank stability. Culverts shall be sized to the maximum design storm as
approved by the County. Roads shall be constructed using small retaining walls in cuts
to reduce the quantity of material needed to fill and to reduce the extent of fill area on
the downhill side of the road as recommended by the soils engineer. This procedure
will tend to contain road cuts at a greater distance from the creek and keep roads
further from the actual creekbank.
Tree Impact
20. The applicant shall be required to fulfil all recommendations set forth in the Tree
Impact Report prepared by W.E.S. Technology Corporation when applicable.
t.�
8
The impact of the project roadways and house sites was cut from an estimates 40
trees to an estimated 20 to 25 trees. Only 15 to 16 trees will definitely require
removal if the road alignment recommendations in this report are followed. Key points
involved in those recommendations are (locations as cited appear on Figure 1):
A. The entrance road should be split to go around the large elm tree (Tree #16)
near the project entrance contingent on Fire Department approval (Location#1).
B. Trees should be carefully removed and trimmed at the bridge location to
minimize soil movement associated with removal of the root mass (Location
#2).
C. The house site in Lot 7 (Location #3) should be placed to minimize tree impact.
D. The subdivision road should be narrowed at Location #4 to minimize distur-
bance of the creekbank and undercutting of large trees on the uphill side of the
road, unless for safety reasons the Contra Costa County Fire Protection District
requires a 20-foot width. At no point shall the road be 16-ft., wide.
E. The exit from the traffic circle should be realigned to the east approxi-
mately 20 to 30 feet in order to reduce the number of trees affected
(Location #5).
F. The driveway of Lot #3 should parallel the existing roadbed and the Lot#3 site
should be moved downhill, out of the major tree mass to the extent feasible
(Location M.
G. The driveway to Lot#4 should be sited to avoid individual trees on this sparsely
colonized slope to the extent possible (Location #7).
H. For any locations where the road passes close to trees located uphill of the
road, retaining structures should be used to minimize impacts of grading on root
zone integrity.
Tree Preservation and Replacement Plan
21. The applicant shall provide for replacement of trees for every 20 inches of aggregate
circumference of trees proposed for removal. Replacement trees shall consists of
species that are naturally indigenous to the Bay Area. The approved replacement trees
shall be planted prior to acceptance of subdivision improvements:
A. Tree Protection Bond: To assure protection and/or reasonable replacement of
existing trees to be preserved which are in proximity to subdivision improve-
ments and replacement trees, at least 30 days prior to issuance of a grading
permit or filing a final map, the applicant shall post a cash bond (or other
acceptable surety) for the required work with the Community Development
Department. The term of the bond shall extend at least 6 months beyond the
completion of required subdivision improvements. Prior to posting the bond,
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a licensed arborist shall assess the value of the trees and reasonable compensa-
tory terms in the event that a tree to be preserved is destroyed or otherwise
damaged by subdivision-related development activity. The tree bonding
program shall be subject to the review and approval of the Zoning Administra-
tor.
B. Interim Tree Protection: No trees shall be removed prior to approval of the
grading/tree preservation plan without prior written approval of the Zoning
Administrator.
C. Heritage Tree Nomination: Prior to filing a final map or issuance of a grading
permit, the applicant shall apply to the County for heritage tree designation for
trees to be preserved on the property pursuant to Section 816-4.404 of the
Zoning Code. The submittal shall be accompanied by the grading/tree
preservation plan and tree replacement program approved by the Zoning
Administrator, and required filing fee of $100. This fee is subject to change.
The submittal shall be prepared by a licensed arborist and shall provide detailed
information on nominated trees. The survey shall include information on trunk
circumference, tree species, and canopy of individual trees. The nomination
proposal shall provide for a suitable marking of designated heritage trees. The
number of trees designated for heritage status may be increased or diminished
from those nominated by the applicant.
The submittal shall include a proposed notice, upon Board of Supervisors
'designation action, to be used to inform prospective buyers of the residential
review requirement(see below);the heritage tree program; and the process that
must be followed in order to remove or otherwise damage a designated heritage
tree.
D. Residential Development Review: At least 30 days prior to issuance of a
building permit, proposed residential development designs shall be submitted
for the review and approval of the Zoning Administrator. The submittal shall
include the site/grading plan; and preliminary landscapeArrigation plan. The site
plan shall provide for tree preservation measures in accord with the tentative
map approval.
Construction Period Development Restrictions
22. Comply with the following construction, noise, dust and litter control requirements:
A. Noise generating construction activities, including such things as power
generators, shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday
through Friday, and shall be prohibited on State and Federal holidays. The
restrictions on allowed working days may be modified on prior written approval
by the Zoning Administrator.
B. The project sponsor shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition and shall
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locate stationary noise-generating equipment such as air compressors and
concrete pumpers as far away from existing residences as possible.
C. At least one week prior to commencement of grading, the applicant shall post
the site and mail to the owners of property within 300 feet of the exterior
boundary of the project site notice that construction work will commence. The
notice shall include a list of contact persons with name, title, phone number
and area of responsibility. The person responsible for maintaining the list shall
be included. The list shall be kept current at all times and shall consist of
persons with authority to indicate and implement corrective action in their area
of responsibility. The names of the individual responsible for noise and litter
control shall be expressly identified in the notice. The notice shall be reissued
with each phase of major grading activity.
A copy of the notice shall be concurrently transmitted to the Community
Development Department. The notice shall be accompanied by a list of the
names and addresses of the property owners noticed, and a map identifying the
area noticed.
D. A dust and litter control program shall be submitted for the review and approval
of the Zoning Administrator. Any violation of the approved program or
applicable ordinances shall require an immediate work stoppage. Construction
work shall not be allowed to resume until, if necessary, an appropriate
construction bond has been posted.
E. The applicant shall make a good-faith effort to avoid interference with existing
neighborhood traffic flows. Prior to issuance of building permits, the proposed
roads serving this development shall be constructed to provide access to each
lot. This shall include provision for an on-site area in which to park earth
moving equipment.
Energy Consumption
23. Energy Conservation Program: At least 30 days prior to issuance of building permits,
the applicant shall submit the following for the review and approval of the Zoning
Administrator:
A. Provide for future passive or natural heating or cooling opportunities within the
subdivision and the design of the residences and swimming pools to the extent
feasible.
B. Evidence that the applicant has reviewed the desirability of participating in the
P.G.& E. energy conservation "Incentives for Buildings" program. Should he
choose not to participate,the applicant shall indicate in writing the reasons why
he is electing not to participate in the program.
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24. Garage Electrical Outlet for Potential Electrical Car Recharge: 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.
Bridge Requirements
25. At least 45 days prior to the filing of the final map, the applicant shall submit a
conceptual bridge design including width and weight, and material and color samples
for review and comment of the Contra Costa County Fire Protection District and for
review and approval of the Zoning Administrator.
Scenic Easements
26. A scenic easement is to be recorded on the Final Map and granted to the County per
attached staff study dated September 28, 1994.
The erection of structures, including but not limited to buildings, obscure fences,
swimming pool, tennis courts, and sports courts, is progibited in the scenic easement.
Any above ground improvements necessary to dispose of sewage may be placed in the
scenic easement subject to the review and approval of the Zoning Administrator.
Road and Drainage Considerations
27. Conditions of Approval from the Public Works Department:
A. General Reguirements:
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 revised
Tentative Map dated August, 1994.
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.
B. Private Roads:
1) Applicant shall construct to County private road standards a 20-foot
paved private roadway with 2-foot compacted shoulders within a 30-
12
foot easement, to serve all parcels in this proposed subdivision from
Alhambra Valley Road.
Those portions of the private road which exceed 16% in grade shall be
constructed of grooved concrete. No grades in excess of 20% shall be
allowed.
2) Applicant shall construct a turnaround at the end of the proposed private
road.
3) A private road bridge shall be designed for an HS-20 loading and provide
for an unobstructed width of 20 feet. The bridge shall not obstruct the
flow of the natural channel and shall be designed to pass the design
flow plus freeboard. The bridge may need to be designed to allow the
passage of wildlife. The location and design of the bridge and bridge
abutments shall be based upon the stability of the creek banks. A sign
shall be installed at each end of the bridge stating the weight limit and
any height restrictions.
4) Applicant shall develop and enter into a maintenance agreement that will
insure that the proposed private road and bridge will be maintained, and
that each property that uses the proposed private road will share in its
maintenance.
C. Access to Adjoining Property:
1) Applicant shall furnish proof to the Public Works Department, Engineer-
ing Services Division, of the acquisition of all necessary rights of way,
rights of entry,.permits and/or easements for the construction of off-
site, temporary or permanent, road or drainage improvements.
2) Applicant shall furnish proof to the Public Works Department, Engineer-
ing Services Division, that legal access to the property is available from
Alhambra Valley Road.
D. Site Distance:
Grading, trimming of vegetation, pavement widening and realignment of the
proposed access shall be performed to the extent reasonably possible with the
understanding that some current impediments may not be mitigatable to provide
adequate site distance for design speed.
That we accept staff's recommended language to clarify condition of approval
#20 so it is not internally inconsistent with the understanding that the road will
be 20-ft., wide at all points and
13
If the existing fence which fronts the adjacent property is a sight distance
obstruction, the applicant will be required to relocate the fence. This may
require the acquisition of off-site right of way.
E. Utilities/Undergrounding:
All new utility distribution services shall be installed underground.
F. 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 Division 914 shall be designed and
constructed in accordance with specifications outlined in Division 914
and in compliance with design standards of the Public Works Depart-
ment.
3) The developer shall be aware that the creek banks on the site are
potentially unstable. The developer shall execute a recordable agree-
ment with the County which states that the developer and the owner
and the future owners of the property will hold harmless Contra Costa
County and the Flood Control District in the event of damage to the on-
site improvements as a result of creekbank failure or erosion.
4) Storm drainage originating on the property and conveyed in a concen-
trated manner shall be prevented from draining across the driveways.
5) To reduce the impact of additional storm water run-off from this
development on Alhambra Creek, one cubic yard of channel excavation
material will be removed from the inadequate portion of Alhambra Creek
for each 50 square feet of new impervious surface area created by the
development. All excavated material shall be disposed of by the
developer at his cost. The site selection, land rights, and construction
staking will be by the Flood Control District.
Upon written request, the applicant may make a cash payment in lieu of
actual excavation and removal of material from the creek. The cash
payment will be calculated at the rate of $0.25 per square foot of new
impervious surface area created by the development. The added
impervious surface area created by the development will be based on
the Flood Control District's standard impervious surface area ordinance.
The Flood Control District will use these funds to work on the creek
annually.
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G. Creek Structure Setbacks:
The applicant shall relinquish "development rights" over that portion of the site
that is within the structure setback area of Arroyo del Hambre Creek based on
the criteria outlined in Chapter 914-14, "Rights of Way and Setbacks", of the
Subdivision Ordinance. The structure setback area may be reduced subject to
the review of the Public Works Department, Engineering Services Division, and
the review and approval of the Zoning Administrator, based on a hydrology and
hydraulic study and geotechnical analysis of the soil which shows that the
creek banks will be stable and non-erosive with the anticipated creek flows.
The hydrology and hydraulic study shall be based upon the ultimate develop-
ment of the watershed.
H. Reliez Valley Road Corridor Fee:
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The project lies within the 100-year flood boundary as designated on the
Federal Emergency Flood Rate Maps. The applicant shall obtain a flood plain
permit from the Application & Permit Center prior to issuance of building
permits and shall be aware of the requirements of the Federal Flood Insurance
Program and the County Flood Plain Management Ordinance(Ordinance Nol 90-
118) as they pertain to future construction of any structure on this property.
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. The applicant/owner should be aware of the renewing requirements prior to recording
the Parcel Map or requesting building or grading permits.
B. Applicant shall comply with the Park Dedication Fee Ordinance.
C. Comply with the requirements of the Contra Costa County Fire Protection District.
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.
t
15
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 Martinez Area of Benefit as adopted by the
Board of Supervisors.
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 $1,250.00 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).
L. Vested Rights and Fees: This project is subject to the development fees and
regulations in effect under County Ordinance as of July 7, 1993,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.
Child Care $400.00 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
16
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(8) 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(8) 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.
O. 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).
RMP/aa
SUBXV/7609C.RMP
10/5/94
11/01/94 - P/C Rev. (v)