HomeMy WebLinkAboutMINUTES - 12061994 - H.8 N.�
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, CALIFORNIA
SUBJECT: In the Matter of the Albers 1
General Plan Amendment 1
County .File #12-93-EC
RESOLUTION NO. 94/596
The Board of Supervisors of Contra Costa County RESOLVES THAT:
There is filed with this Board and its Clerk a copy of Resolution No. 40-1994, adopted by the East
County Regional Planning Commission which discusses a General Plan Amendment for the
Discovery Bay area (County File #12-93-EC).
On December 6, 1994, the Board held a public hearing on said General Plan Amendment discussed
by the East County Regional Planning Commission, Resolution No. 40-1994. Notice of said hearing
was duly given in the matter required by law. The Board, at the hearing, called for testimony of
all persons interested in this matter. Only the applicant provided testimony.
The Board closed the public hearing and APPROVED the General Plan Amendment and directed
staff to include the Albers General Plan Amendment into one of the consolidated general plan
amendments as allowed by State Planning Law.
PASSED by the following vote of the Board of Supervisors on the 6th day of December, 1994:
AYES: Supervisors Bishop, Torlakson, Powers
NOES: None
ABSENT: Supervisors Smith, DeSaulnier
ABSTAIN: None
I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of
the Board of Supervisors on the date aforesaid.
Contact: Jim Cutler (510/646-2034)
cc: Community Development Department (CDD) Witness my hand and the Seal of the
Public Works Department Board of Supervisors affixed on this
6th day of December, 1994.
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By:
Dep ty Clerk
p15Abo\A1bersGPA.;wc RESOLUTION NO. 94/596
n.
Pyirty
TO: BOARD OF SUPERVISORS T'
FROM: HARVEY E.BRAGDON
DIRECTOR OF COMMCJNITY DEVELOPMENT
DATE: DECEMBER 5, 1994
SUBJECT: ALBERS II GENERAL PLAN AMENDMENT (12-93-CO)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Open.public hearing and receive testimony on proposed plan amendment request
2. Certify as adequate the EIR Addendum dated September 1994 and FEIR on this project for purposes of acting
on the General Plan Amendment
3. Close public hearing and APPROVE the General Plan Amendment as recommended by the East County
Planning Commission and to direct staff to include the plan amendment in one of the consolidated general
plan amendments for 1994.
FISCAL IMPACT
Plan amendment costs are covered by a developer fee.
BACKGTROUND/REASONS FOR RECOMMENDATIONS
In late 1992 the Board approved the first Albers general plan amendment which provided for 262 residential units,
office and retail uses on 74 acres. Since that time,the first phases of the residential portion of the project are being
built,and the applicant has applied for another general plan amendment to eliminate the office and retail components
in favor of more residential uses. In authorizing the GPA study, the Board directed staff to consider the land use
change in order to provide a wider variety of residential units,some which might provide housing opportunities for
other employment uses nearby. On Monday,August 1, 1994, the East County Regional Commis n approved the
staff recommended version with minor policy changes.
CONTINUED ON ATTACHMENT: _YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMEND ION BOAR OMMITTE
—APPROVE _ OTHER
SIGNATURE(S):
ACTION OF BOARD ON �' il �' APPROVED AS RECOMMENDED OTHER _
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT!1 i V 1 TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Staff Contact: Matt Tomas (646-2036)
Orig: Community Development Department ATTESTED D c c e r b e u , 1994
Cc:
CAO's
Dept of Public Works �Y
Centex Homes(via CDD)
Byron Union School District(via CDD)
' f
4
Resolution NoAO-1994
RESOLUTION OF THE EAST COUNTY REGIONAL PLANNING COMMISSION OF THE
COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,RECOMMENDING APPROVAL OF
AN AMENDMENT TO THE LAND USE ELEMENT OF THE COUNTY GENERAL PLAN,
ALBERS II GENERAL PLAN AMENDMENT# 12-93-EC,FOR THE BYRON/DISCOVERY BAY
AREA.
WHEREAS, a request was received from CENTEX & Associates to amend the Land Use Element of
the County General Plan. The request is to change the Land Use designation on 12.8 acres from
Office and Commercial to Multiple Family Residential, Low Density; and
WHEREAS, the Board of Supervisors authorized a General Plan study for this area; and
WHEREAS, the County staff prepared an EIR Addendum for the proposed General Plan
Amendment; and
WHEREAS, staff prepared a report recommending changes in the General Plan for the area and
circulated it to interested agencies, organization and individuals; and
WHEREAS, a public hearing was held on Monday,August 1, 1994, and all that wished to testify were
heard and the public hearing was closed; and
NOW THEREFORE BE IT RESOLVED that the East County Regional Planning Commission accepts
the EIR Addendum prepared by staff and revised by the Commission to be adequate under the
provisions of the California Environmental Quality Act to consider this amendment; and
BE IT FURTHER RESOLVED that the East County Regional Planning Commission recommends
APPROVAL of the Albers II General Plan Amendment to the Board of Supervisors and the
maximum number of units to be considered be 97; and
BE IT FURTHER RESOLVED that all written and graphic material developed for and pertaining to
these proceedings are made part of the record; and
BE IT FURTHER RESOLVED,that the Secretary of the East County Regional Planning Commission
respectively 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.
Page 2 1 Resolution 401994
The instruction by the East County Regional Planning Commission to prepare this resolution was
given by motion of the Commission on Monday, August 1, 1994 by the following vote:
AYES: Commissioners - Hem, Hanson, Sobalvarro, and Planchon
NOES: Commissioners - None
ABSENT: Commissioners - Andrieu and Wetzel
ABSTAIN: Commissioners - None
ATTEST:
Harvey E. Bragdon
Secretary - East County Regional Planning Commission,
County of Contra Costa, State of California
Mr'sHD\GPA's\492-EC Resln ECRPC
•.`� Contra
TO: BOARD OF SUPERVISORS ��• Costa
n
FROM: HARVEY E. BRAGDON County
b � �
DIRECTOR OF COMMUNITY DEVELOPMENT ', '� `�`. ;o
DATE: October 27 , 1994coUUfN
SUBJECT: Hearing on the applications 3017-RZ to rezone a 12 .80 acre area from
P-1 Commercial Office to P-1 for 97 Single Family Residential Units,
and Final Development Plan 3020-93 for 97 Single Family Residential
Units.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Take testimony on the rezoning and final development
applications.
2 . Accept as adequate and in compliance with CEQA the previously
certified Final Environmental Impact Report and Addendum;
which analyzed this project among others.
3 . Approve Rezoning 3017-RZ and Final Development Plan 3020-93
subject to conditions as recommended by the East County
Regional Planning Commission (Attachment A) . INTRODUCE Ordinance
it 94-68 , aivina effect to the rezonino - 7,ived rea ._na ane. set 12/13/94
4 . Adopt the EIR Addendum and CEQA Findings (Attachment B) and fQr
the related mitigation monitoring program amendment
actopticr
(Attachment C) .
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On August 1, 1994 the East County Regional Planning Commission,
after a public Bearing, recommended that the Board approve the
Albers General Plan Amendment (12-93-EC) to change the designation
of the 12 .80 acre site from Commercial and Office to Multiple
Family Residential Low Density. The Commission also recommended
approval of the companion applications, 3017-RZ and D P 3020-93
CONTINUED ON ATTACHMENT: X YES SIGNATURE/4 P___-
-
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ON BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON December 6 , 199Z�_ APPROVED AS RECOMMENDED x OTHER
See Addendum for Board. action
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TT . TV TRUE AND COPRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Arthur Beresford - 646-2031
Orig: Community Development Department ATTESTED December 6 , 1994
cc: County Administrator PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Public Works Dept. C077 ADMINISTRATOR
Byron School DistrictL(
Centex BY , DEPUTY
Mr. & Mrs. Monte Albers
Bellecci & Associates
2 .
for 97 lots subject to revised Conditions of Approval. The
Commission also declared their intent to approve the companion
subdivision application, SUB #7881, subject to the Board' s approval
of the General Plan Amendment, rezoning and final development plan
requests.
The Commission also considered the Environmental Impact Report
Addendum for the project and recommended that the Board accept and
certify that document.
These applications are a request to redesignate and develop an area
that was designated Commercial and Office on the original Albers
General Plan Amendment and companion development application.
There is an area to the east of Bixler Road that is designated
Commercial and has had a development plan approval for a shopping
center.
The developer of the Albers site has agreed to develop their 12 . 8
acre Commercial-Office site as a residential area.
AB/aa
BDIX/3020-93 .AB
ADDENDUM TO H.8
DECEMBER 6, 1994
This is the time heretofore noticed by the Clerk of the Board of Supervisors for
hearing on the recommendation of the East County Regional Planning Commission on a
proposed General Plan Amendment request (County File #12-93-EC)to change the
County General Plan Land Use Map for an area totaling 12.8 acres of land. The specific
request is to change 10.1 acres designated Commercial and 2.7 acres designated Office to
allow up to 97 residential units under the Multiple Family Residential, Low Density land
use category; and
Recommendation of the East County Regional Planning Commission on a request
by Centex Homes/Bellecci and Associates (applicant) and Monte and Lucia Albers
(owners), County File 3017-RZ for approval to rezone 12.80 acres of land from
Commercial Development to Planned Unit District(P-1) for a shopping center and other
commercial development to Planned Unit District(P-1) for a 97 unit Single Family
Residential development with parking bays; and for approval of a Final Development
Plan (County File #3020-93) for 97 unit single family residential development with
parking bays for 32 parking spaces that backout onto the street in the Discovery
Bay/Byron area.
Dennis Barry, Community Development Department, presented the staff report on
the proposals, describing the project site, and he explained a history of the General Plan
proposal and related entitlements. Mr. Barry commented on a letter from McCutcheon
Doyle, Brown and Enersen, the applicant's attorneys, requesting a modification to
Condition 15 relative to the Byron Union School District fee and asking that the high
school condition be separated from the Byron Union School District so that Condition
15a would say,prior to the issuance of building permit for each residential unit, the
applicant shall pay the Byron Union School District a fee of$2.75 per square foot of
assessable space within the residential unit; this fee would be full satisfaction of the
applicant's obligation to the school district pursuant to Section 65995 et sec. of the
Government Code for that unit and with respect to the high school district, Condition 15
would be essentially retained as it was for the tentative map for 7679 which was the prior
Centex Subdivision on the remainder of the Albers General Plan Amendment and that
would read, prior to recording the final map for this development, a"will serve" letter
from Liberty Union High School District shall be submitted to the Zoning Administrator,
in the alternative submit evidence satisfactory to the Zoning Administrator that the
applicant has complied with all legally established school facilities funding requirements.
Mr. Barry advised that there was agreement to this recommendation from the applicant.
Mr. Barry also presented the staff recommendations to the Board for consideration.
Supervisor Torlakson commended all those who had worked on the project, and
moved approval of the agreement and language as outlined by staff.
Supervisor Bishop seconded the motion.
The following person presented testimony:
Steve Garrett, Centex Homes, 1855 Gateway Boulevard, Concord, requested a
change in Condition 5E, to be consistent with conditions of approval for 7679, requiring
that improvements be installed by the 200th building permit, and he asked that Condition
P be applied to Condition 5E, to say that when both projects reach the combined 200`"
building permit, the improvements be installed along Highway 4.
Mr. Barry advised that there was no objection to the request.
Mitch Avalon, Public Works Department, advised that there was no objection
from his department to the request.
Supervisor Torlakson indicated that would be part of the motion.
Peggy Green, representing the Byron Unified School District, commented on
good progress being made.
The public hearing was closed.
On recommendation of Supervisor Torlakson, IT IS BY THE BOARD
ORDERED that recommendation 1, 2, 3 as amended, and 4 are APPROVED.
ATTACHMENT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR REZONING 3017-RZ, FINAL DEVELOP-
MENT PLAN 3020-93 AND SUBDIVISION 7881
FINDINGS
1. The applicant has indicated that they intend to commence construction within two and
one-half years of the effective date of the final project approval.
2. The proposed site plan is generally consistent with modifications with the General Plan
Amendment filed on this site, File # 12-93-EC.
3. The Alber's property development will constitute a residential environment of sustained
desirability and stability, and will be in harmony with the character of nearby
community with proper conditioning.
4. In accordance with the required findings of the Planned Unit P-1 District, the County
finds that the development is of a harmonious, innovative plan and justifies exceptions
from the normal application of the code, including variances and parcel configuration
and design to provide a better conformity with existing terrain features and a land use
limitations in the area.
5. The development will supply additional affordable housing for the area.
1
2
CONDITIONS OF APPROVAL FOR REZONING 3017-RZ,FINAL DEVELOPMENT PLAN 3020-93
AND SUBDIVISION 7881 AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING
COMMISSION ON AUGUST 1, 1994
* Notes a condition that is required per Environmental Impact Report for project.
1. The development shall be based on the following submitted exhibits except as modified
by the conditions below. These conditions of approval incorporate and are in addition
to all approved mitigation measures. Prior to recording the final map for this
development, the General Plan Amendment and P-1 rezoning for the site shall have
been approved.
A. Vesting Tentative Map, Final Development Plan and phasing plan dated received
December 20, 1993.
B. Geotechnical investigation report by Kleinfelder, Inc. & Associates dated
received June 22, 1992 along with their response letter dated received
November 24, 1992.
C. Preliminary landscape plan as outlined in the Draft EIR for the project, Figure 8.
2. The length of approval for the Tentative Development Plan 3017-RZ, Final Develop-
ment Plan 3020-94 and SUB 7881 is for three years. One 3-year extension be granted
for the project subject to proper request and approval.
3. The project may be done in phases subject to the review and approval of the Zoning
Administrator.
*4. Means to slow traffic through the residential portion of the site shall be developed.
These street revisions shall be acceptable to the Public Works Department and the
Zoning Administrator.
*5. Comply with the landscape requirements as follows. The following reports are subject
to Zoning Administrator review and approval:
*A. At least 30 days prior to requesting recording of the final map for this project,
submit a street tree planting plan for the entire development and a landscape
plan for the landscaping and soundwall along the site's frontage along State
Highway 4, Bixler Road and the entrance road west of the site. The plan shall
include typical frontyard landscape plans for residences on site and landscaping
for proposed parking bays. The parking bay west of "V" Court shall include a
small bench and walkway and play aFee subject to the review and approval of
the Zoning Administrator.
B. Submit a design for a suitable pedestrian path to connect the project area with
Bixler Road. The pedestrian path shall be located in the vicinity of lot #25.
3
C. Landscaping shall conform to the County Water Conservation Policies in regards
the use of drought tolerant trees, bushes and groundcover.
*D. Fence design and location shall be shown on the plans. A suitable masonry
wall shall be erected along the site's frontage on State Highway 4,BixleF Read,
a .ti„ .., .. Fead .,, .t,,. ..,,...* .,s .�, .
and the efl�e� ��;« and;vvhe,b.:ne�ded fln.:Bixler.:
c�8d.end Ptitt.Hole DriveThe soundwall area should mounded to reduce the
...........::....................::....:........:....:..:::......:..:..
overall height of the soundwall. The plans for the masonry wall shall be
submitted for Zoning Administrator review and approval. The soundwall shall
be designed in a manner that will not create a monotonous straight wall. The
soundwall shall be stepped back and forth periodically to help improve the
appearance of the wall. An acoustical study shall be submitted showing the
reduction of noise from State Highway 4 that the soundwall accomplishes.
suital?;le sounB fence sh all be effected'along the site s B xler Road frontage; The
.....
tiesigr stall' be a1.cceptaie to th8ion�nc .,4dmnstratoi
E. A 9-foot wide landscape strip shall be created along the south side of the
soundwall and shall be properly landscaped prior to the issuance of building
permits for the project. Means for long term maintenance shall be developed.
The landscaping and maintenance plan shall be reviewed by the Public Works
Department, and reviewed and approved by the County Zoning Administrator.
F. Frontyard landscaping shall be installed or bonded prior to occupancy of
residences. All landscaping shall be maintained by the applicant until
occupancy, or in the case of common areas until the annexation into a
landscape and/or lighting district or creation of a Home Owners Association.
The applicant shall be required to annex when and if a district is formed and
shall notify future owners by deed notice of the fact that the site was within
a landscaping/lighting district and/or park district.
G. Grading plans shall include erosion protection on all slopes of five feet or more =
in height and a gradient steeper than 10:1. Protection shall be equal to or
better than hydroseeding with mulch. Hydroseeding shall be as recommended
by a certified landscape architect.
*H. Each lot shall have at least one suitable street tree except that corner lots shall
have at least three street trees.
6. The proposed parking bays "C" and "D" shall be combined and a single parking lot
shall be created generally as shown on the Staff Study Dated July 15, 1994 in the file.
7. At least 30 days prior to filing a final map or issuance of a grading permit, the
applicant shall submit a grading plan for the review and approval of the Zoning
Administrator. Prior to issuance of building permits for each phase of this project,
submit written evidence that building pads in the phase have been removed from the
100-year flood plain.
,i
4
8. 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 and be under 12 feet tall.
9. In the event this project, SUB 7881 and Development Plan 3020-93, is restricted by
declaration of covenants, conditions and restrictions (CC & Rs),they must be received
prior to approval of the final map by the Community Development Department. They
shall meet applicable regulations of the California State Real Estate Commission.
10. 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 Community Development Department and its agents, officers, and employees
from any claim, action or proceeding against the agency (the County) or 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 time period
provided for in Section 66499.37. The County will promptly notify the subdivider of
any such claim, action, or proceedings and cooperate fully in the defense.
"
11. Guide for development and use provisions for this site shall be as follows:
"A. Setback of residential units shall be varied between 15 and 20 feet. All
garages shall have a setback of at least 17.5 feet provided vertically opening
garage doors are used. Frontyard setbacks may be reduced to 15 feet for
covered porches. Sideyard minimum shall be 5 feet with an aggregate sideyard
of 10 feet. The R-6 zoning district shall be used as a guide for the height, or
lot coverage of the site as well as the location of any detached sheds or
outbuildings. except that sheds and outbuildings shall be limited to a height of
12 feet. As an alternative, one sideyard may be reduced to 3 feet for a
residence, as long as the aggregate sideyard remains 10 feet subject to the
review and approval of the Zoning Administrator. Corner:.lots shal.l:. a'e, a
secondary setback of 7 ;:feet m�n�murn
B. Prior to the issuance of building permits, the applicant shall submit samples of
color and exterior materials for the review and approval of the Zoning
Administrator. The fences between lots shall be of solid wood and shall be at
least 5-feet high. The residences of this development shall be finished in
suitable color and shall be complimentary. All garages within the area of the
site shall have vertically opening garage doors. Rest epees ',,eateaat
e9FneFG shall be single steFY as eften as . Houses along State Highway
4 and Bixler Road shall have appropriate sound reduction measures built in
acceptable to the Zoning Administrator. At '. ast e *_h4d ej the - s'deFi�,
eleng State Highway 4, 13*AeF Read and the eAtFanee Feed west ef4he Site sh
l eneStefyl3esiderices brag State Highway;;4 and Bixler 1 42tl shall have
architectural enhancement measures at the backf the `unit and rearyartl
Setbacks shall be Var�e�l
I
5
C. At least 15 days prior to issuance of building permits for the project a fit plan
showing the location of planned homes shall be submitted for the Zoning
Administrator's review and approval. The plan shall include information on the
number of stories planned for the residence for each lot and the proposed
setbacks.
12. lghirrg end
Landscaping Disttct shell maintain the parking bays, and the landscaping along the
Bixler, Road and State Highway 4 frontage of the site
. 'as wejl " the edestnen a
13. At least 30 days prior to filing the Final Map, proposed street names (public and
private) shall be submitted for the review by the Community Development Department,
Graphic Section (Phone 646-2029). Alternate street names should be submitted. The
final map cannot be certified by the Community Development Department without the
approval of street names.
14. Should archaeological materials be uncovered during grading,trenching or other on-site
excavation(s), earthwork within 30 yards of these materials shall be stopped until a
professional archaeologist who is certified by the Society for California Archaeology
(SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity
to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed
necessary.
*15. Prior to recording the final map for this development, "will serve" letters from the
Byron Elementary School District and the Liberty Union High School District shall be
submitted to the Zoning Administrator. inthe alteFnatsubmit a lime^satisfaeteFy
te thin Zening AdFR!RiStFat8F that the applieant has eemplied with all legally establi
Art:aCoeptable study;outl�rng se;Mo41 #ao�lity
rx) Jgation cmitted m a tamely manner # rnon►hs):to determine fees
tec�u;red #or the Bjiron Elementary School Distract if art acceptable Study +s not
submitted ir1 a timely manner,then the developer shall pay all legally established school
#ac�l�ttes funding regu�rgments
*16. The applicant shall show proof that water and sewage services are available prior to
recording the map. Sewage service and water service shall be provided by Sanitation
District #19A. Prior to recording a final map for this development, will serve letters
from the Sanitation/Water District shall be submitted.
*17. 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 Parcel 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.
i
6
In addition, incorporate in building plans for the residential units the following features:
provision of adequate street parking, lot and porch lighting, clearly discernable address
signs in each unit, dead bolt exterior doors, window locks, no lift window frames and
a clear view of street and garages from project homes.
18. Where a lot/parcel is located within 300 feet of a high voltage electric transmission
line, the applicant shall record the following notice:
"The subject property is located near a high voltage electric
transmission line. Purchasers should be aware that there is
ongoing research on possible potential adverse health effects
caused by the exposure to a magnetic field generated by high
voltage lines. Although much more research is needed before
the question of whether magnetic fields actually cause adverse
health effects can be resolved, the basis for such an hypothesis
is established. At this time no risk assessment has been made."
When a Final Subdivision Public Report issued. by the California Department of Real
Estate is required, the applicant shall also request that the Department of Real Estate
insert the above note in the report.
*19. 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."
*20. 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 8:00 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.
7
B. The project sponsor shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition and shall
locate stationary noise-generating equipment such as air compressors and
concrete pumpers as far away from existing residences as possible.
C. At least one week prior to commencement of grading, the applicant shall post
the site and mail to the owners of property within 300 feet of the exterior
boundary of the project site and to the Discovery Bay Homeowners Association
and Discovery Bay Municipal Advisory Council 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.
*21. At least 45 days prior to recording a Final Map, 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 Zoning Administrator. Improvement, grading, and
building plans shall carry out the recommendations of the approved report.
*22. The report required above shall include evaluation of the potential for liquefaction and
seismic settlement.
*23. 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.
t
8
r
the Gewnty at least 90 &,- pile. te the filing ef a Final Map. This A@FeeFReAt shall
r r
r
asadjusted feF heuseheld size and defined in Seetien E60093 ef the Gal;feFR6&
Health and Safety Gede. Maximum 2neemes feF Lew lReeme Heusehe'ds will
G. AffE)Fdable Sales PFiee. The maximum sales pFiee feF the AffOFdable Units s
r
r
unit, thePF8gFaFn shall FeqUiFe that a" individuals with an ewneFshmp inteFest in eR
r
this eenditieR net
6.. Aff-eFdable Unks shall be made available *n a timely FnanReF equiYalent te the
C
F. DevelepeF shall be :hle fes. ruf. +h., d n he held moi! ^�
r
Requ+€z.T,e,T.
24. 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.
*25. Provision of a Child Care Facility or program is required for this development. The
program shall be submitted for the review and approval of the Zoning Administrator
prior to the filing of the Final Map. If possible, it is encouraged that a child care center
be developed on this site.
26. Prior to recording the final map for phases on this site, confirmation shall be received
from the Byron-Bethany Irrigation District that any facilities they have on the site have
been properly moved or removed as the case may be, or as an alternative a letter from
the District may be submitted indicating that they have no facilities on the site that will
be disturbed as a result of this development.
*27. Suitable bus stop(s) shall be developed on the site subject to review and approval of
the local transit agency. The bus stop, if developed, shall consist of a covered bench
or other suitable structures subject to the transit agency review and approval, and the
Zoning Administrator's review and approval. If the local transit agency does not wish
a bus stops in this area, this requirement can be deleted subject to receiving written
confirmation from the local transit agency:
28. If the County's right to farming ordinance has been adopted prior to the issuance of
the first building permit on this site, the developer shall inform future owners of that
ordinance informing them of the right to farm within the Contra Costa area.
*29. Prior to construction on any phases on this site, submit a construction period
circulation plan subject to the review and approval of the Public Works Department and
the Zoning Administrator. This plan shall be implemented prior to major construction
on the site. This may include providing acceleration/deceleration lanes on Highway 4
for trucks and to provide for off-street parking for construction workers either on the
site or in some nearby area agreeable to the Public Works Department and Zoning
Administrator.
i
10
*30. The potential exists for increased risk of flooding over time due to the possible rise in
sea level and/or site subsidence. The project property owners shall be informed by
disclosure statement of the potential for future requirements for levees around this site
and the potential associated costs if those levees should be needed as a result of sea
level rise and/or site subsidence.
*31. Prior to Final Map approval for any phase of this development and/or site grading, the
applicant shall submit a written determination that the project is not subject to
Department of Fish & Game jurisdiction and that the project has complied with the
applicable agency procedures and requirements. The applicant shall also determine
that the project is not subject to U.S. Army Corps of Engineers jurisdiction. Reports
attesting to the compliance with the condition shall be submitted to the Zoning
Administrator for review and approval.
32. The garage area of each residence shall be wired for electric car recharging subject to
the review and approval of the Zoning Administrator, and subject to the adoption of
final Board policy.
33. The following requirements pertaining to drainage, road, and utility improvements will
require the review and approval of the Public Works Department:
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 December, 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) 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. This condition shall not be
construed as a requirement for detached sidewalk.
4) Applicant shall provide adequate on-site parking facilities for construc-
tion workers so they will not park on State Highway 4 or Bixler Road.
11
Construction vehicle and worker traffic shall access the site via Bixler
Road, not State Highway 4.
5) These conditions of approval contain requirements which must also be
satisfied by the applicant for Subdivision 7679. Any agreements
pertaining to, and any interpretations or applications of these shared
conditions for Subdivision 7679 shall apply to the corresponding
condition for Subdivision 7881. Ar,y .shared Cflndrtron ;: wh�p#1 3rEr
satrsfred #or Subdrvrston 7679 shall be corisrdered satisfrerj for Subdsvi
.. ... . : ...................... ...............
s�or►.7881',
B. Public Roadway Improvements(Frontage):
1) Applicant shall construct curb, four-foot six-inch sidewalk (width mea-
sured from curb face), necessary longitudinal and transverse drainage,
street lighting, border landscaping and irrigation, pavement widening and
a half-width median island (including landscaping and irrigation or
textured concrete) along the frontage of Bixler Road. Applicant shall
construct face of curb 40 feet from the road centerline.
In lieu of constructing the median island (including surface treatment
and/or landscaping and automatic irrigation facilities) the applicant shall
place a cash deposit in the Road Improvement Trust Fund (No. 819200-
0800) for the future construction of a half width of the median island
(including surface treatment and/or landscaping and automatic irrigation
facilities) when the other half of the road is improved.
2) Applicant shall construct curb, necessary longitudinal and transverse
drainage,street lighting, border landscaping and irrigation, and pavement
widening along the frontage of State Highway 4. The face of curb shall
be 45 feet from the road centerline.
If State Highway 4 were widened equally on both sides of the existing
roadway centerline, the improvements would encroach into Kellogg
Creek. Page 20 of the EIR Summary for Subdivision 7679 recommends
that the project require all necessary roadway widening to occur on the
project side of State Highway 4 in order to avoid impacts to the Kellogg
Creek channel. The proposed right of way width for State Highway 4
is 128 feet, and the proposed Kellogg Creek right of way width is at
least 100 feet. In the area of conflict between the proposed 128-foot
right of way and Kellogg Creek, all widening of the Highway 4 right of
way shall occur on the project side of Highway.4 to avoid impacts on
Kellogg Creek.
3) Applicant shall cut existing pavement to a neat line along an existing
adequate structural section when widening the pavement. Widening
shall commence at that line and may require an exploratory trench or
pothole to determine the limits of pavement widening.
)
12
4) Applicant shall install safety related improvements on Bixler Road and
Highway 4 (including traffic signs and striping) as approved by the
Public Works Department, Transportation Engineering Division.
C. Public Roadway Improvements (On-Site):
1) Applicant shall construct on-site road system to County public road
standards and convey to County, by Offer of Dedication, corresponding
right of way.
2) Provide for bus pull-outs and covered bus shelters at locations desig-
nated by the Tri-Valley Transit Authority, subject to the review of the
Public Works and Caltrans, and subject to the review and approval of
the Zoning Administrator. If a letter from the Authority is submitted
stating that no bus facilities are needed, this requirement shall be
considered satisfied.
3) Applicant shall install safety related improvements on the on-site streets
(including traffic signs and striping) as approved by the Public Works
Department, Transportation Engineering Division.
D. Public Roadway Improvements (Off-Site):
1) Contribute this project's "fair share" amount toward areawide improve-
ments, such as:
a. The installation of traffic signals and intersection improvements
at the Highway 4 intersections with Byron Highway, Balfour
Road, and Marsh Creek Road.
b. Widening and upgrading Highway 4 to six-lane arterial standards
between Marsh Creek Road and Bixler Road.
C. Widening Highway 4 to four lanes north of Marsh Creek Road
and east of Bixler Road.
d. Widening and upgrading Bixler Road to five lanes between
Highway 4 and Marsh Creek Road.
In lieu of the above, this project's fair share contribution to the areawide
road system shall consist of construction of the recommended Highway
4 improvements along the frontage with adequate transitions and
signalizing of the Highway 4 intersection with
Bixler Road, subject to partial reimbursement from future impacting
developments. In addition, prior to filing the Final Map for Phase 4, a
"fair share" contribution toward the signalization of the Highway
f
13
4/Marsh Creek Road intersection in the amount of 2 % of the signaliza-
tion cost shall be required.
2) Install a traffic signal at the Highway 4 intersection with Bixler Road.
Install a traffic signal interconnection between the new traffic signal and
the intersection improvements at the Discovery Bay Boulevard-State
Highway 4 intersection, subject to the review and approval of the Public
Works Department and Caltrans.
If the traffic signal {S.z3ot.yvarret�tedand cannot be installed at the time
...:.......:..........:.................:..............
of the filing of the Final Map,then its future installation shall be assured
with the applicant contributing a cash deposit equal to 6% of the
improvement cost to a County Road Improvement Trust (Fund No.
819200-0800) prior to filing the Final Map. (The, ct;mlb�natior:.:af
Subdivjs►ons 7679 and 788 shat! contr;bute a total of 25° cit the
.:
signal cost 6°l0 frprlfl �aubClvision 7881 and 19°�o from Subdrv,S�on
7679....
3) The property owner of the property at the northeast corner of Bixler
Road at State Highway 4 (Byron 78) has been conditioned to reimburse
the applicant for Subdivision 7679 for any of the road improvements
which this subdivision constructs on the east side of the ultimate
centerline of Bixler Road along the Byron 78 frontages: The property
owner of the Byron 78 project has also been required to reimburse the
person or entity that installs the Bixler Road-State Highway 4 traffic
signal for 25% of the cost of installation of the traffic signal.
Subdivisions 7679 and 7881 shall be required to reimburse the owner
of the property at the northeast corner of Bixler Road and State
Highway 4 for any of the road improvements which Byron 78 constructs
along the west side of the ultimate road centerline along State Highway
4 and Bixler Road. Subdivisions 7679 and 7881 shall also be required
to reimburse the person or entity which installs the Bixler Road-State
Highway 4 traffic signal for 25% (19% for Subdivision 7679 and 6% for
Subdivision 7881) of the cost of installation of the traffic signal.
The Public Works Department, Engineering Services Division, will
recommend that the proposed Discovery Bay West project, located
north of this property, be required to reimburse the person or entity that
installs the Bixler Road-State Highway 4 traffic signal for all or a portion
of the remaining 50% of the cost of installation of the traffic signal.
The estimated cost of the work to be reimbursed shall be based on at
least three independent bids for the work subject to the review of the
Public Works Department, Engineering Services Division, and the review
and approval of the Zoning Administrator. Prior to filing the Final Map,
14
the applicant shall enter into a reimbursement agreement for the work
described above.
If an area of benefit for road improvements is formed which includes
installation of the traffic signal at State Highway 4 at Bixler Road, and
if the area of benefit installs the traffic signal, the applicant for this
development will only be obligated for 6% of the cost of that traffic
signal.
At least $1 ,000 or 1%, whichever is greater, of the amount to be
reimbursed for each reimbursement agreement shall be paid to the
County of Contra Costa County Public Works Department, Engineering
Services Division for administration costs.
E. 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) If, after good faith negotiations, the applicant is unable to acquire
necessary rights of way or easements, he/she shall enter into an
agreement with the County to complete the necessary improvements at
such time as the County acquires the necessary interests in accordance
with Section 66462 and 66462.5 of the Subdivision Map Act at the
sole cost of the applicant.
3) An encroachment permit for construction within the State right of way
shall be obtained from Caltrans through the Public Works Department,
Engineering Services Division.
4) Relinquish abutter's rights of access along Bixler Road and State
Highway 4, including curb returns.
F. Sight Distance:
Provide for adequate corner sight distance based on a design speed of 55 miles
per hour at the project entrances on Bixler Road, 65 miles per hour at the
project entrances on Highway 4, and 25 miles per hour at all internal intersec-
tions in accordance with CALTRAI IS standards.
G. AOB Reimbursements:
Certain required road improvements may be eligible for credit or reimbursement
against the Area of Benefit fee. The developer shall contact the Public Works
Department,Transportation Engineering Division,to determine the extent of any
credit or reimbursement for which the applicant might be eligible. Prior to con-
- 1
15
structing any public improvements, or filing of any final map, the applicant shall
execute a credit/reimbursement agreement with the County. No credit or
reimbursement will be made for any improvements installed prior to execution
of the credit/reimbursement agreement. Credit will only be given for monies
that are programmed within the next three fiscal years after final map approval,
reimbursement agreements shall be executed for monies that are programmed
beyond three fiscal years. Any credit or reimbursement shall be based on the
cost estimates included in the Area of Benefit Development Program Report and
only in proportion to each specific Area of Benefit improvement which the appli-
cant is installing.
H. Road Dedications:
1) Applicant shall convey to the County, by Offer of Dedication, the right
of way necessary for the planned future width of 100 feet along the
frontage of Bixler Road.
2) Convey to the County, by Offer of Dedication, additional right of way
on State Highway 4 as required for the planned future width of 128
feet. In the area of conflict between the proposed 128-foot right of way
and Kellogg Creek, all widening of the Highway 4 right of way shall
occur on the project side of Highway 4 to avoid impacts on Kellogg
Creek. If this portion of Highway 4 is added to the Area of Benefit
project list, then credit may be provided for the additional right of way
needed which is greater than an equal right of way divided north and
south of the centerline of Highway 4. The total right of way needs shall
include the right of way for Highway 4 and the right of way for Kellogg
Creek. Any credit shall be based upon the value of land at the time of
the filing of the Final Map.
I. Street Lights:
Street lights shall be installed on Bixler Road, State Highway 4, and the internal
subdivision streets 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.
J. Landscaping:
1) Permanent landscaping and automatic irrigation facilities shall be
installed within the parkway and median areas. All landscaping work to
be done by the developer shall be done in accordance with the guide-
lines 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.
16
2) Prior to filing the final map, two sets of preliminary 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 Department for review and recommendation prior to submittal to
the Zoning Administrator for review and approval. 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. e
t.andscaprrg DiStirCt 3rv:i1) ant8rn thB par3cang_bays and the pati frprrr
Street to.Bxlerioa :
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).
K. Utilities/Undergrounding:
All new utility distribution services shall be installed underground.
t Will ASUFe that the
��t ,Ranee The GewAty .:II net a , r these fe. temanee
��— eae�����a FeaT�;T�.,a.�.�
L. Soundwalls:
A soundwall shall be constructed adjacent to, but outside of, the right of way
along State Highway 4 and 8)or3g Six)er Road north Of Highway 4 to ateu8 +
the noise #rom Ifighway 4, ar ca a sg rndw;all or soundfence tong Bixler Road,
sub}eet to the rev{ew and approval of the Zoning;adm�r �strator The soundwall
shall be designed to attenuate the noise from the road based upon the traffic
levels at general 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.
M. Drainage Improvements (Collect and Convey):
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
E
17
adequate public storm drainage facility which conveys the storm waters
to a natural watercourse.
That portion of Kellogg Creek which lies to the south of State Highway
4 is an inadequate man-made drainage facility. If the applicant
.discharges concentrated storm waters there, the applicant shall be
required by Division 914 of the Ordinance Code to prove the adequacy
of the facility from the point of discharge to the natural watercourse, or
to improve the capacity of the downstream facility if necessary.
The tentative map indicates a plan to discharge concentrated storm
waters to Kellogg Creek via an existing open drainage ditch near the
northeast corner of the Subdivision 7679 property. Kellogg Creek is an
adequate point of discharge in that vicinity. However, because the
drainage ditch is a man-made facility and not a natural watercourse,the
applicant will be required to obtain a public storm drainage easement
from the underlying property owner to the east prior to discharging run-
off into the ditch. If, after good faith negotiations, the applicant is
unable to acquire necessary rights of way and easements, he shall enter
into an agreement with the County to acquire the necessary interests in
accordance with Sections 66462 and 66462.5 of the Subdivision Map
Act.
If the ditch conveying storm drainage from this property also conveys
irrigation district water, then the hydraulic analysis for the ditch must
consider the joint use during the wet weather months from October 15
to April 15. If an analysis satisfying this requirement is submitted by
the applicant for Subdivision 7679, this requirement shall be considered
satisfied for Subdivision 7881. The applicant would also be required to
obtain a drainage release from the Byron-Bethany Irrigation District
(BBID) prior to filing of the Final Map, for those portions of the down-
stream drainage ditch which are held by BBID in fee title.
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.
N. Miscellaneous Drainage Requirements:
1) Storm drainage originating on the property and conveyed in a concen-
trated manner shall be prevented from draining across the sidewalks and
driveways.
}
18
2) The applicant shall install within a dedicated drainage easement any
portion of the drainage system which conveys run-off from public
streets.
3) The applicant shall be required to contribute a drainage fee to the
County Drainage Fee Trust (Fund No.812100-0800) designated for
improvements in the Kellogg Creek watershed as follows:
Prior to the filing of the Final Map, the applicant shall make an initial contribu-
tion of $25,000 toward the drainage fee, if this contribution has not already
been made under the conditions of approval for Subdivision 7679. The Flood
Control District will use this contribution to implement a drainage plan for the
Kellogg Creek Watershed and to establish fees to fund the necessary drainage
improvements under the plan. When the drainage area is formed, and the fee
is established, the applicant will be required to pay the drainage fee for the
project for if the Final Map has not been filed. Regardless of the amount of the
adopted drainage fee, the drainage fee obligation for this project shall not
exceed $0.35 per square foot of impervious surface.
The applicant may request to perform all or a portion of the following specific
work and receive credit against the drainage fee:
* Develop a Kellogg Creek Watershed Master Plan of regional drainage
improvements along with a fee ordinance subject to the review of the
Public Works Department, Engineering Services Division, and the review
and approval of the Zoning Administrator.
* Prepare an environmental impact report for the proposed watershed
regional improvements.
* Construct specific regional improvements in the Kellogg Creek water-
shed shown on the adopted drainage plan, to help mitigate the drainage
impact and flooding of property to the west.
Any of the above work which the applicant requests to perform shall be subject
to the review and approval of the Public Works Department, Engineering
Services Division, and shall be performed in accordance with the cred-
it/reimbursement policies of the Flood Control District.
Work done to meet the collect and convey requirements of the Ordinance Code
which conforms to the adopted drainage area plan can be creditable toward the
applicant's drainage area fee obligation.
-OR-
IF THE FEE HAS NOT BEEN ADOPTED PRIOR TO THE FILING OF THE FINAL
MAP, construct improvements to Kellogg Creek equivalent in value to $0.17
per square foot of impervious surface area created by this project. The scope
}
19
of improvements shall be determined by the Public Works Department, Flood
Control Division, and then designed and constructed by the applicant.
The need for the improvements to Kellogg Creek shall be reviewed by the Public
Works Department prior to the filing of the Final Map. If the Public Works
Department determines that the level of development in the project area does
not represent sufficient "equivalent value" of $0.17 per square foot to perform
a significant amount of improvements to Kellogg Creek, then the applicant has
the option to contribute $0.17 per square foot of impervious surface area to be
deposited in a Drainage Improvement Trust Fund (812100-0800) with the filing
of the Final Map.
Any improvements which are constructed by Subdivision 7679 in excess of the
equivalent amount of the fee obligation for Subdivision 7679 shall be creditable
toward the improvement or fee obligations for Subdivision 7881 .
O. FEMA Flood Zone:
The project lies within the 100-year flood boundary as designated on the
Federal Emergency Flood Rate Maps. The applicant shall be aware of the
requirements of the Federal Flood Insurance Program and the County Flood
Plain Management Ordinance (Ordinance No. 90-118) as they pertain to future
construction of any structures on this property.
If the floodplain analysis shows that the subject property is not in the
_.._
floodplain, the applicant shall be` dtQ process a Letter of Map Amendment
through FEMA prior to the filing of the Final Map.
P. COORDINATION OF PUBLIC IMPROVEMENTS WITH SUBDIVISION 7679
Prior to filing final map for 7881, the applicant shall establish legal and physical
access to the project from Bixler Road through 7679. In addition, all ffrg
improvements along $ixl.er Road which are required of Subdivision 7881
Subd:YisieA :76:79 must be constructed prior to
issuance of the 90th building permit of the combination of Subdivisions 7679
and 7881. filing the fiAal Map feF Gwbdiyisien 7881.
If this subdivision contains the 200th unit of the combination of Subdivisions
7679 and 7881 , a permanent access to State Highway 4 and full frontage
improvements along State Highway 4 shall be required prior to the filing of the
final map.
F
20
.............. ................................
ADili5DRY jti)t TE5`
PLEASE NOTE ADVI$. 8Y1 OTES ARE ATTACHED TflT# E Ct?i DITtflNS O;E APPROVAL 13UT
ARE NO'T A PART OF THEflND;IT1pNS DF ARPRi;3jtAL; ADViSORY;NOTES AREPRC} #QEi
FC?R T# E PUFiPC)SE 01= <1NFORMING THF APPLICANT flF ADDITtflNAL CRDIIANGE
........
f?8Qu1R1`MEN.n THAT MUST S MET: IN ORDf� Tfl PRfJCEEO �IVITH DEVEI.OPMEN'f,
A. The project lies within the 100-year flood boundary as designated on the Federal
Emergency 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. 90-118) as they pertain to future construction of any
structures on the property.
B. This project may be subject to the requirements of the Department of Fish & Game.
It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box
47,Yountville, California 94599,of any proposed construction within this development
that may affect any fish and wildlife resources, per the Fish & Game Code.
C. This project may also be subject to the requirements of the Army Corps of Engineers.
The applicant should notify the appropriate district of the Corps of Engineers to
determine if a permit is required and if it can be obtained.
D. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance (Area of Benefits) as adopted by the Board of
Supervisors.
*E. The applicant shall be required to comply with all rules, regulations, procedures of the
National Pollutant Discharge Elimination System (FM) 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).
*F. Comply with the.requirements of the Sanitary District #19.
*G. Comply with the requirements of the East Diablo Fire Protection District.
H. Comply with the requirements of the Health Services Department, Environmental
Health Division.
"l. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
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.
21
K. The applicant is advised that the tax for the police services district is currently set by
the Board of Supervisors at $200 per parcel annually (with appropriate future
Consumer Price Index (CPI] adjustments). The annual fee is subject to modification by
the Board of Supervisors in the future. The current fee for holding the election is $800
and is also subject to modification in the future. The applicable tax and fee amounts
will be those established by the Board at the time of voting.
AB/cw
SUBXII/7881 C.AB
7/26/94
8/1/94 - EC(a)
ATTACHMENT "B"
THE BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY,
MARTINEZ,CALIFORNIA
FINDINGS RELATIVE TO
THE ALBERS II GENERAL PLAN AMENDMENT
AND RELATED ACTIONS
I. INTRODUCTION
A. Project, Site, and Approvals
1. Centex Homes has filed with the Contra Costa County Community
Development Department: (1)an application for the Albers II General Plan Amendment
(#12-93-EC)to change the land use designation of approximately 12.8 acres located at the
northwest corner of Bixler Road and Highway 4 in the Byron area from Commercial and Office
to Multiple Family Residential,Low Density; (2)a Rezoning#3017-RZ to rezone the property
from P-1 for a shopping center and commercial development to P-1 for a 97-unit single family
residential development; (3)Development Plans#3020-93 and#3010-94 to develop a 97-unit
single family residential development and a 5.2-acre park; and(4) Subdivision#7881 for a
vesting tentative map("Map")to subdivide 12.8 acres into 97 single-family lots (collectively,the
"Applications").
2. The Contra Costa County Board of Supervisors('Board") is designated by
state law and County ordinance as the Agency for taking action on applications of this type.
3. The Albers II General Plan Amendment and related approvals implement
the development of property designated as Commercial and Office by the first Albers General
Plan Amendment. Due to changes in the markets for commercial, office,and residential
development and other factors, including the need for additional housing of the type proposed,
the 12.8 acres designated Commercial and Office by the first Albers General Plan Amendment is
proposed for redesignation as Multiple Family Residential, Low Density for development of a
97-unit single-family residential development. In addition,due to soils engineering
considerations,the proposed lake will now be developed as a park. Development of the park
requires no general plan revisions.
B. Procedural History
1. The first Albers General Plan Amendment(44-90-EC)and related
approvals (rezoning#2985-RZ,development plan#3005-92, and subdivision#7679)were
approved by the Board on May 18, 1993. They called for residential development on
approximately three-quarters of a 73.5-acre parcel at the northwest corner of Highway 4 and
Bixler Road. The area nearest that corner was planned for 12.0 acres of commercial
development,2.7 acres of office development,and a 5.2-acre lake and park. The first Albers
General Plan Amendment and related approvals were the subject of an environmental impact
report ("EIR")which was reviewed, considered,certified, and adopted by the Board on May 18,
1993,prior to the approval of the first Albers General Plan Amendment. A Mitigation
Monitoring Program to monitor specified conditions of approval was also approved by the
Board.
2. On July 22, 1994,the County completed an Environmental Impact Report
Addendum on the Albers II General Plan Amendment and Related Actions ("Addendum"). The
Addendum concluded that no further environmental documentation was required.
3. On August 1, 1994,the East County Regional Planning Commission held
a properly noticed public hearing on the Albers II General Plan Amendment and, after receiving
public testimony,voted to recommend approval of the Albers II General Plan Amendment. On
the same date,the East County Regional Planning Commission held a properly noticed public
hearing on related applications(Rezoning#3017-RZ, Development Plans#3020-93 and
#3010-94, and Subdivision#7881)and, after receiving public testimony,voted to recommend
approval of the applications.
4. The testimony submitted at public hearing and items in the public record
have been considered by the advisory agency prior to this action.
II. FINDINGS RELATED TO ENVIRONMENTAL REVIEW
A. EIR and Addendum
1. cts
a. An Addendum to the EIR("Addendum")was prepared for the
Applications,which was reviewed and considered by the Board together with the EIR prior to
approving the Applications. An EIR addendum may be used as the environmental
documentation to make minor changes to a previous EIR if those changes make the EIR adequate
for the Applications and no new significant environmental impacts are identified. The
Addendum identified no new significant impacts. It determined that the Addendum adequately
addresses the changes contained in the Albers II General Plan Amendment, issues related to
development as a residential subdivision, and replacement of the proposed lake with a park. The
Addendum identified no new information that would substantially alter the significant impacts or
2
r� l
mitigation measures identified in the EIR. It determined that,based on the requirements of the
California Environmental Quality Act("CEQA"),the EIR and Addendum are adequate
environmental documentation for the Applications.
b. The Board has reviewed and considered the EIR and Addendum to
determine the need for additional environmental documentation and adopts the conclusions and
determinations, described in section II.A.La. above of the Addendum in approving the
Applications.
2. Findings
Based upon the EIR and Addendum,the facts herein, and the entire record,this
Board fords that:
a. The Applications will have no new significant environmental
impacts that were not considered in the EIR.
b. The Applications propose no substantial changes that would
require important revisions of the EIR due to the involvement of new significant environmental
impacts not considered in the EIR.
C. No substantial changes have occurred with respect to the
circumstances under which the Applications are being undertaken, which would require major
revisions in the EIR due to the involvement of new significant environmental impacts not
considered in the EIR.
d. No new information,which was not known and could not have
been known at the time the EIR was certified as complete, and which shows (1)significant
effects not discussed in the EIR, (2) significant effects discussed in the EIR would be
substantially more severe than shown in the EIR, (3)feasible mitigation measures previously
determined to be infeasible,or(4)mitigation measures not considered in the EIR that would
substantially lessen significant effects,has become available.
e. No subsequent or supplemental EIR is required.
f. The EIR and Addendum constitute adequate and complete
-environmental documentation for the Applications under CEQA,and a subsequent or
supplemental EIR is not required.
B. Prior Findings
1 Facts
a. The Addendum has been reviewed in combination with the
underlying EIR,previously certified by this Board on May 18, 1993. Together they provide full
environmental documentation and, as found in section II.A.2 above,the modification to the
3
project will not cause any new significant environmental impacts. Therefore, it is appropriate to
readopt the CEQA findings previously made for the project.
b. Because of the reduction in commercial uses and the increase in
residential uses planned for the Albers property, it is appropriate to modify those previous
findings that are substantively affected by changes to the planned development or the applicable
law. Specifically,(1)the law regarding school fee limitations has changed; (2)the All
Residential alternative evaluated in the EIR should be distinguished from the Applications
evaluated in the Addendum; and(3)the planning of substantial commercial, office,and industrial
development in the immediate area has altered the jobs/housing balance.
2. Findings
Based upon the EIR and Addendum,the facts herein,and the entire record,this
Board readopts its findings made on May 18, 1993 for the certification of the EIR,with the
following exceptions:
a. The findings are amended,wherever appropriate,to indicate that
there will be an additional 97 residential units. References to office and commercial
development are amended,wherever appropriate,to refer to the additional 97 residential units.
b. Finding III.B.5.b.1,regarding school impact fee limitations, is not
readopted.
C. Fact IV.E.1.d,regarding the All Residential Alternative,is replaced
with the following finding:
This Alternative would have the advantage of generally
reducing the level of significance of the Project's impacts.
However,it would provide fewer needed housing units than the
Project, increasing the cost of the units.
d. Finding IV.E.2,regarding the All Residential Alternative, is
replaced with the following finding:
Based on the EIR,the facts herein and the administrative
record,this Board finds that the All Residential Alternative is
infeasible because it would produce fewer and more expensive
housing units and would reduce the environmental, social,
economic, and other benefits derived from the Project, as discussed
in the Statement of Overriding Considerations set forth in Section
V of these findings. This Board therefore rejects the All
Residential Alternative.
e. The last paragraph of Finding V.B.2,regarding provision of jobs,
is not readopted.
4
i
f. Finding V.B.3,regarding the jobs/housing balance, is replaced
with the following finding:
The Project's beneficial impact on the local jobs/housing
balance is discussed on page 10 of the Addendum. The Project
will improve balance between jobs and housing in the area by
providing residents to support the commercial,office, and light
industrial uses planned for the area, and by providing a source of
employees for those uses.
C. Mitigation Measures
I
:1. Facts
a. Although no new significant impacts were identified by the
Addendum, four mitigation measures are proposed in the Addendum to further reduce impacts
that are less than significant or have been reduced to less-than-significant levels by mitigations
adopted in approving the first Albers General Plan Amendment.
b. Mitigation measures are recommended in the Addendum that the
applicant visually screen the new residential development by landscaping and construction of a
soundwall along both Highway 4 and Bixler Road,that the Trustees for the Byron Union School
District levy the maximum developer fee (based on the District's Developer Impact Fee
Justification Study),that the County create a new Lighting and Landscaping District for the
5.2-acre park and the small public parking areas within the subdivision,and that the applicant
screen the new residential development from street noise by construction of a soundwall along
Bixler Road.
C. Minor modifications to the Mitigation Monitoring Program are
necessary to reflect these additional mitigation measures. These modifications.are detailed in
Exhibit A.
2. Findings
Based upon the EIR and Addendum,the facts herein, and the entire record,this
Board finds as follows:
a. The mitigation measures identified in the Addendum are adopted,
as modified by the Planning Commission to require a sound fence rather than a soundwall along
Bixler Road,to further reduce impacts that are already less than significant.
b. The modified provisions of the Mitigation Monitoring Program,
described in Exhibit A,are adopted and the Mitigation Monitoring Program is amended to
substitute the modified provisions.
5
}
III. FINDINGS SUPPORTING THE APPROVAL OF PROJECT
APPLICATIONS
A. General Plan Consistency
1. Facts.
a The Addendum established that the changes called for in the
General Plan Amendment(#12-93-EC),from planned commercial and office use to planned
residential development,would help to achieve goals for providing needed housing,providing a
balance of housing and jobs, and reducing traffic at peak hours.
b. The Rezoning(#3017-RZ)modifies the existing P-1 zoning for a
shopping center and commercial development to P-1 zoning for a 97-unit in order to implement
the residential development anticipated by the General Plan Amendment. The Development
Plans (#3020-93 and#3010-94)and the Map further implement the residential development and
an adjacent park.
2. Findings
Based upon the EIR and Addendum,the General Plan,the facts herein, and the
entire record,this Board finds as follows:
a. The General Plan Amendment is internally consistent and is
consistent with the General Plan as a whole.
b. The Rezoning and Development Plans are consistent with the
General Plan as amended by the Albers II General Plan Amendment.
C. The Map and the proposed design and improvements are consistent
with the General Plan as amended by the Albers II General Plan Amendment.
B. Rezoning(#3017-RZ)
1. Facts
a. The Rezoning to P-1 for residential development of 97 housing
units will produce a better balance of housing,commercial development,and jobs. It is located
in an area of mixed agricultural,residential, and commercial uses. The Byron 78 commercial
development on the opposite side of Bixler Road will provide services to nearby residential
districts and will in turn be supported by those residential districts. The area addressed in the
Applications is bounded on three sides by planned residential or commercial development,and
the Byron 78 development makes additional commercial uses unnecessary. Thus,residential use
is the preferred use for the parcel.
6
i
b. ABAG projections of population in the area anticipate 4300-6000
new households by the year 2000. The Applications would provide a modest increment of
housing for those expected new residents.
C. Construction of similar residential development has already begun
on approximately 60 contiguous acres. Construction of homes permitted under the Applications
is expected to follow that construction.
d. Planned unit design is effective in dealing with the constraints of
the site: its location at the intersection of a major road and a state highway; its proximity to a
major commercial and industrial development,and its relationship with the adjoining park and
residential development.
2. Findings
Based upon the EIR and Addendum,the facts herein, and the entire record,this
Board finds as follows:
a. The uses authorized in the land use district, as amended by
Rezoning#3017-RZ, are compatible within the district and to uses authorized in adjacent
districts.
b. Community need has been demonstrated for the use proposed.
C. The applicant has indicated that they intend to commence
construction within two and one-half years of the effective date of the final project approval.
d. The development will constitute a residential environment of
sustained desirability and stability, and will be in harmony with the character of the nearby
community with proper conditioning.
e. The development is of a harmonious,innovative plan and justifies
exceptions from the normal application of the code, including variances and parcel configuration
and design to provide a better conformity with existing terrain features and land use limitations
in the area.
C. Development Plans (#3020-93,#3010-94)
1. Facts
a. Development Plan#3020-93 provides a residential development
plan for the area of the Albers II General Plan Amendment and Rezoning. It supersedes the
previously approved development plan(#3003-92)for that area.
b. Development Plan#3010-94 provides a development plan for a
5.2-acre park within the area of the first Albers General Plan Amendment. The area is
designated as Parks and Recreation by the general plan. This modifies the previously approved
7
development plan (#3005-92),which had proposed a 1.3-acre man-made lake for the park
location. The change was made in response to soils engineering considerations.
2. Findin.2s
Based upon the EIR and Addendum,the facts herein, and the entire record,this
Board finds as follows:
a. Development Plan#3010-94 is consistent with the intent and
purpose of the P-1 district and compatible with other uses in the vicinity,both inside and outside
the district.
b. Development Plan#3020-93 is consistent with the intent and
purpose of the P-1 district, as amended by Rezoning#3017-RZ, and compatible with other uses
in the vicinity,both inside and outside the district.
D. Subdivision (#7881)
1. Facts
a. The subdivision of the parcel into 97 house lots is consistent with
the other approvals (General Plan Amendment, Rezoning,and Development Plans)in modifying
the planned use of the parcel from commercial development to residential development similar to
other subdivisions on the property addressed in the first Albers General Plan Amendment.
b. The site topography is generally suitable for residential
development. The EIR has determined that all significant impacts on wildlife and vegetation can
be mitigated to less-than-significant levels. The EIR has identified no hazardous conditions that
would pose a significant health or safety threat to future residents.
C. The design for the subdivision and improvements provides for
bringing utilities to each lot and will not conflict with any known public easements.
2. Fin, dines
Based upon the EIR and Addendum,the facts herein, and the entire record,this
Board finds as follows:
a. The Map and the proposed design and improvements are consistent
with the applicable zoning,as amended by Rezoning#3017-RZ.
b. The site is physically suitable for the proposed type and density of
development in that there are no constraints on the site that preclude the proposed density of
population and structures, and the site's topography will accommodate the proposed development
andd lot design.
8
C. The design of the subdivision and proposed improvement will not
cause substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat.
d. The design of the subdivision and proposed improvement will not
cause serious public health problems in that(a)public sewer,water and other services will be
made available to each lot created by the Map; and(b)no hazardous or unsafe conditions are
present on the site that present a significant health or safety danger to future residents of the
proposed housing or existing residents in the area.
e. The design of the lots will not conflict with easements acquired by
the public at large for access through,or for use of,property within the proposed land division in
that no such easements are known to exist.
9
ATTACHMENT "C"
i
Modifications to the
Mitigation Monitoring Program—Albers General Plan Amendment
Modified Provisions (additions are underlined; excisions are struck through):
Identified Impact Related Condition of Approval Tune of Timing Monitor_
Monitor_ Require_ inn Entity
lEt.g Action II�nI
4. The proposed construction of a Fence design and location shall be PC PFM CDD
continuous noise wall along the shown on the plans. A suitable
project's Highway 4 frontage,in masonry wall shall be erected
combination with the closeness of along the site's frontage on State
the project two-story homes to each highway 4 and a sound fence along
other and the highway,would result Bixler Road. The grade beneath
in significant adverse visual impacts Jg soundwall should be mounded
on views from Highway 4. The to reduce the overall height of the
even spacing,standard setbacks, soundwall. The plans for the
similar building designs,and similar masonry wall and fence shall be
lot orientation of the 16 homes along submitted for Zoning
Highway 4 could also result in an Administrator review and approval.
uninteresting,repetitive,and The soundwall along State
monotonous project appearance highway shall be designed in a
from the highway. manner where it will not create a
monotonous straight wall. The
soundwall shall be stepped back
and forth periodically to help
improve the appearance of the
wall. [6.17]
possible.shall be single MeFy as eften as
11 1.G4
7
10
[
5. The numerous, long,relatively Setback of residential units located PC PFM CDD
straight street runs indicated on the along the northerly property line
project site plan,in combination shall be varied between 15 and 20
with the consistent building setbacks feet. All garages shall have a
and home designs,could result in setback of at least 17.5 feet
internal visual repetition and provided vertical garage doors are
monotony. The proposed used. Front yard setbacks may be
combination of limited front yard reduced to 15 feet for covered
setbacks and 80 percent two-story porches. The R-6 zoning district
building heights could also result in shall be used as a guide for the
an internal visual sense of excessive height,or lot coverage of the site as
density and enclosure. well as the location of any
detached sheds or outbuildings,
with the exception of corner lot
setbacks. [I I.A]
Setback of residential units not PC PFM CDD
located along the northerly
property line area shall be varied
between 15 and 20 feet. All
garages shall have a setback of at
least 17.5 feet. Front yard setbacks
may be reduced to 15 feet for
covered porches. The R-6 zoning
shall be used as a guide for the
height and/or lot coverage of the
site as well as the location of any
detached sheds or outbuildings
with the exception of corner lot
setbacks. [11.B]
PC PFM CDD
shall be single steFy as efien as
possible. j!l.6}
The developer shall provide all OTC PPO CDD
public rights-of-way and
landscaping for the 5.2-acre.park.
and shall encourage the County to
create a new Lighting and
Landscaping District for the lone
term maintenance of the park
11
7. The project would contribute to a At least 30 days prior to requesting PC PFM CDD
significant cumulative loss in the recording of thea final map€ef
rural,open space character of the Mase 1,submit a street tree
east county/San Joaquin River Delta planting plan for the ewe
subregion. development addressed by the final
n=,a landscape plan for the area
along the soundwall and the site's
frontage along State Highway 4
and Bixler Road. [6.A]
35. Cumulative growth in the Prior to recording the final map for PC PFM CDD
project vicinity would require new this development,will-serve letters
elementary,middle,and high from the Byron Elementary School
schools. District and the Liberty High
School District shall be submitted
to the Zoning Administrator.
OTC PPO CDD
has seepliedAn acceptable
study outlining school facility
mitfization costs shall be submitted
in a timely manner(approximately
6 months)to determine fees
rewired for the Byron Elementary
School District. If an acceptable
study is not submitted in that time.
then the developer shall nay all
legally established school facilities
funding requirements and no will-
serve letters shall be required. .
12