HomeMy WebLinkAboutMINUTES - 02281995 - D.2 -: - Contra
TO: BOARD OF SUPERVISORS Costa
d�l�odin s Count
FROM: HARVEY E. BRAGDON
DIRECTOR OF COMMUNITY DEVELOPMENT ' ;40
On = �
DATE: February 21, 1995 UN
SUBJECT: Decision on Subdivision 7898 (Alamo Area) - Roman Catholic Bishop of
Oakland (owner)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation as adequate.
2 . Grant the 'appeal of the applicant.
3 . Approve SUB 7898 with the variances requested by the applicant
subject to the conditions.
4 . Adopt the findings contained in Exhibit A i.n support of the
requested variances to minimum lot dimensions.
5. Direct staff to file a Notice of Determination with the County
Clerk.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Board heard this matter on February 14 , 1995. After taking
testimony, the Board voted its intent to approve SUB 7898 for 18
lots with variances to minimum lot dimensions and to grant the
applicant' s appeal . The vote was 4 to 1, with Supervisor Bishop
opposed. At the same time, the Board asked staff to prepare
findings for Board adoption.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON tebruary Z6, i995 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: I, II, IV, V NOES: lilACTION TAKEN AND ENTERED ON THE
ABSENT: ----- ABSTAIN: ---- MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Rose Marie Pietras - 646-2031
Orig: Community Development Department ATTESTED February 28, 1995
cc: Hasseltine & Best PHIL BATCHELOR, CLERK OF
DeBolt Civil Engineering T E BOAR OF SUPERVISORS
Public Works Dept. COU ADMINISTRATOR
County Counsel
Alamo Improvement Association BY , DEPUTY
2 .
In approving the project, the Board directed staff to include
modifications to flood hazard and sight distance requirements in
the conditions of approval . Those modifications are included in
the current version of the conditions of approval.
variances
The Board declared its intent to grant variances for lot width
(120' required) for the following lots: Lot 3 - 118' width; Lot 4
- 112 ' width; Lots 5, 6 , and 7 - 105" width; Lot 8 - 108 ' width;
Lot 13 - 116 width.
RMP/aa
BDIX/7898 .RMP
EXHIBIT A
FINDINGS IN SUPPORT OF REQUESTED
VARIANCES TO MINIMUM LOT DIMENSIONS
FOR SUBDIVISION 7898 (Alamo Area)
1 . The lot width variances for SUB 7898 shall not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and the respective
land use district in which the subject property is located.
The subject property is zoned R-20 for the development of single family residential
dwelling units on lots of a minimum area of 20,000 square feet, and with lots depths
and widths of 120 feet. The applicant is seeking seven lot width variances, ranging
from 2 to 15 feet. Each of the 18 lots for which the applicant is seeking approval
meets the requirements of the R-20 zoning district as to the required minimum area
and lot depth.
Due to special circumstances, the applicant must seek seven lot width variances. The
granting of the requested seven lot width variances for the subject property does not
constitute a grant of a special privilege inconsistent with the limitations on their
properties in the vicinity of the subject property which are also included in the R-20
zoning district in which the subject property is located. The applicant submitted a plot
map locating all lots at variance attached as Exhibit A. Each of the lots in the
immediate vicinity of the subject property that is shaded on the map does not meet at
least one of the three requirements of the R-20 zoning district in which they are
contained. The substandard lot inventory reveals a number of lots in the immediate
vicinity of the subject property do not meet at least one of the three requirements of
the R-20 zoning. Moreover, the nine lot subdivision approved in 1992 adjacent to the
northeast of the subject property was granted lot width variances for two of its lots.
2. Due to the special circumstances applicable to the subject property because of its size,
shape, topography, location, or surroundings, the strict application of the respective
zoning regulations is found to deprive the subject property of rights enjoyed by other
properties in the vicinity and within the identical land use district.
Given the location of a creek on the northerly boundary of the subject property, a
setback for the building envelope on the lots within the subject property is required in
excess of that normally required in the R-20 zoning district. As a result of the
requirement for that increased setback, the applicant has been required to modify the
street and lot configuration within the subject property, which would result in the loss
of one lot in the subdivision of the subject property, unless the requested lot width
variances are approved. The strict application of the lot width requirement of the R-20
zoning district will deprive the applicant from developing the subject property in the
manner that the majority of the properties in the immediate vicinity of the subject
property have been developed. These neighboring properties, which properties
although in the same zoning district, have not been required to comply strictly with all
the requirements of the R-20 zoning.
2.
3. The lot width variances shall substantially meet the intent and purpose of the
respective land use district in which the subject property is located.
The land use district in which the subject property is located allows development of
one single family detached residential dwelling unit on each lot of a minimum of
20,000 square feet in area. If the lot width variances being requested by the applicant
are approved, each of the 19 lots to be included in the subdivision of the subject
property shall meet the minimum required lot area of 20,000 square feet. The seven
minor variances from the specified lot width of 120 feet will not result in improved lots
out of character with those in the surrounding properties. Moreover, addition of one
lot to the residences to be constructed within the subject property will not have an
adverse impact on the property values of the existing residences surrounding
properties, will not negatively impact the surrounding property owners' enjoyment of
their residences, and will not create a significant impact on the utilities and services
the subject property and the properties in the vicinity of the subject property.
RMP/aa
LTRIX/7898.RMP
3
CONDITIONS OF APPROVAL FOR SUBDIVISION 7898 PER FEBRUARY 14 1995 DIRECTION
OF THE BOARD OF SUPERVISORS
1 . This application is approved, generally as shown on the Revised Vesting Map dated
received April 7, 1994 by the Community Development Department for 18 4-7 lots on
the 9.72 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) year period which may be extended for an additional
three (3) years. An extension request must be submitted prior to expiration of the
initial approval and must be accompanied by the appropriate filing fee. An extension
request is subject to review and approval of the appropriate hearing body.
3. This approval is based upon the exhibits received by the Community Development
Department listed as follows:
A. Exhibit A - Revised Vesting Tentative Map received April 7, 1994 for 18 lots
by the Community Development Department for 18 lots and (single family
residences) on the 9.72 acre site.
B. Exhibit B - Grading plan for site (shown on same sheet as (Revised) (Vesting))
Tentative Map.
The approval is also based upon the following reports:
A. Geotechnical Reconnaissance Report prepared by Diablo Soil Engineers, Inc.
dated received February 25, 1994 by the Community Development Department.
B. Arborist Report prepared by William F. Owen dated received on May 6, 1994
by the Community Development Department.
C. Archaeological Study of Subdivision 7898 prepared by Anmarie Medin dated
received May 10, 1994 by the Community Development Department.
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4. Approval �s grantedto allow var�arces as sn �cated elovv, >::T e va:r.iances eet.....
qu:r rrz rtts of Setwtion 25 2 2t?06 of the Gounty 0, dtr**** cSd
XXXX
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12f7...eft W.J:i r pulrotl..b.Y..Zonrng Qrdin np< fior::the following o s..
_..::
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L;qt.; .;:.>. I:T: fe:et.;;apptov.a.
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Lot 4::x:.:112„f;eet..,appro�ed
Lots ; 6, aril 7 105 feet approved:;;;
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Lot„8, ::; ,0$. feet ap;provetl '
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Lot 13 1 '6 fapproved:
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5. At least 60 days prior to recording the final map, any revision of the internal circulation
plan or lot layout shall be subject to review and approval of the Zoning Administrator.
Prior ito recording the final map, submit for the review and approval of the Zoning
Administrator a site plan showing: driveways, fencing plans, street tree locations.
2
6. Pursuant to Government Code Section 66474.9,the applicant (including the subdivider
or any agent thereof) shall defend, indemnify, and hold harmless the Contra Cosa
County Planning Agency and its agents, officers, and employees from any claim,
action, or proceeding against the Agency (the County) or its agents, officers, or
employees to attack, set aside, void, or annul, the Agency's approval concerning this
subdivision map application, which action is brought within the time period provided
for in Section 66499.37. The County will promptly notify the subdivider of any such
claim, action, or proceeding and cooperate fully in the defense.
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.
8. Comply with the following archaeological resource requirements:
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.
9. The applicant shall show proof that water and sewage service is available prior to
recording the Parcel Map.
10. The applicant or owner shall submit grading/tree preservation plans for review and
approval of the Zoning Administrator prior to issuance of a grading permit for the
purpose of tree preservation. ' All of the recommended actions continued in the May
6, 1994 Arborist Report are mandated. Prior to submittal to the Zoning Administrator,
a licensed arborist shall have an opportunity to comment on the proposed plan relative
to compliance with required tree preservation measures.
3
11 . At least 60 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 following review by the Planning
Geologist. Improvement, grading, and building plans shall carry out the recommenda-
tions of the approved report.
A. The report required above shall include evaluation of the potential for liquefac-
tion, seismic settlement.
B. 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.
C. The report shall evaluate the hazard posed by liquefaction. This would require
a subsurface investigation that includes borings at least 25 feet deep. The
focus of the exploration program should be the northern portion of the site
(Lots 1 thru 9). If sands are encountered, the steps in the analysis procedure
and all assumptions should be clearly presented in the report. The applicant
shall submit two copies for the review and approval by the Zoning Administra-
tor and Planning Geologist.
D. The sloping hillside area of Lots 10 and 1 1 may be sensitive to grading. The
geologic map in the DSE report indicates it is a "dip slope", with an inclination
of 16 degrees (est.). No grading should be allowed on this slope without
elevation by an engineering geologist.
12. 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.
13. Prior to recording a final map, provide evidence for the review and approval of the
Zoning ,Administrator that the access easement along the southern boundary of the site
has been quitclaimed.
14. Conditions of Approval from the Public Works Department:
A. GENERAL REQUIREMENTS:
1) 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
4
approval of this subdivision. These plans shall include any necessary
traffic signage and striping plans for review by the Transportation
Engineering Division.
2) This development shall conform to the requirements of Division 914
(Drainage) of the Subdivision Ordinance. The following requirements
must conform with Division 914:
a. Drainage, road and utility improvements shall require the review
and approval of the Public Works Department. This development
shall comply with the requirements of (Title 9) and (Title 10) of
the County Ordinance Code. Any exceptions therefrom must be
specifically listed in this conditional approval statement.
b. The drainage, road and utility improvements outlined below shall
require the review and approval of the Public Works Department
and are based on the plan dated April, 1994.
B. PUBLIC ROADWAY IMPROVEMENTS (Frontage):
1) Applicant shall construct curb, four-foot six-inch sidewalk (width
measured from curb face), necessary longitudinal and transverse
drainage, street lighting, and necessary pavement widening along the
frontage of Miranda Avenue. Applicant shall construct face of curb 20
feet from the ultimate right of way line.
2) Applicant shall install safety related traffic signs and striping on Miranda
Avenue as approved by the Public Works Department, Transportation
Engineering Division.
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) Relinquish abutter's rights of access along Miranda Avenue with the
exception of the private road shown on the tentative map.
D. SIGHT DISTANCE:
Grading, trimming of vegetation, pavement widening and realignment of the
proposed access shall be performed to provide adequate sight distance for a
design speed of 45 miles per hour in accordance with CALTRANS standards -
OR if sEght d'ist�ne cannot be.reSQnablyprovrded sub)ect tQ the review of
5
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the. Putjl�c Works Department, engineering Serv�cev(s�on, and the reuiow
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artitl approval of the Zoning c#m�nzS#tato.... instal! 5flP SIGNS on Mir ted
Avenue. at tf e access.of this..sU division.:
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E. PRIVATE ROADS:
1 ) Applicant shall construct to County private road standards a 32-foot
paved private roadway (width measured curb to curb) within a 42-foot
easement, to serve all parcels in this proposed subdivision, as shown on
the tentative map.
2) Applicant shall construct a turnaround at the end of the proposed private
road.
3) Applicant shall develop and enter into a maintenance agreement that will
insure that the proposed private road will be maintained, and that each
property that uses the proposed private road will share in its mainte-
nance.
F. ROAD DEDICATIONS:
Applicant shall convey to the County, by Offer of Dedication, the right of way
necessary for the planned future half-width of 30 feet along the frontage of
Miranda Avenue.
G. UTILITIES/UNDERGROUNDING:
All utility distribution facilities shall be installed underground, including the
existing overhead distribution facilities along the frontage of Miranda Avenue.
H. 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) Storm drainage originating on the property and conveyed in a concen-
trated manner shall be prevented from draining across the sidewalk and
driveways.
6
4) To reduce the impact of additional storm water run-off from this
development on Miranda Creek, one cubic yard of channel excavation
material will be removed from the inadequate portion of Miranda Creek
for each 50 square feet of new impervious surface area created by the
development. All excavated material shall be disposed of off-site by the
developer at his cost. The site selection, land rights, and construction
staking will be by the Flood Control District.
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 $0.10 per square foot of new
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.
5) To reduce the impact of additional storm water run-off from this
development on San Ramon Creek, one cubic yard of channel excava-
tion material will be removed from the inadequate portion of San Ramon
Creek for each 50 square feet of new impervious surface area created
by the development. All excavated material shall be disposed of off-site
by the developer at his cost. The site selection, land rights, and
construction staking will be by the Flood Control District.
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 $0.10 per square foot of new
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.
The applicant shall take'addrtipn:al representative cross sections along:
Miranda Creek at locattgns 5,pecified by t:he public Works C3.epartrnent
between the easterly baundarjr of tfe project downstream t'a the.vuest
side of Miranda Avenue: Publio works will perform a dra�rage 5tdy
basedon the design storm with freeboard and recornrnend appropriate
rn�tigat�on Sub)ect`to the revrew and approval of the Zonrng Adrrmis.
t
ra...
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71applicant sha:l,l shape the southerly creeX bank...........................t.......
o a 2'/x:1 slope to
provide addrtionafstormwatercapacity and<to reduce creekbank er0 4.Q.:t
The.ap` ar t shal'I convey a storm drainage easement :over the property
reflecting aconsistent 2'fz 1 .Slgpe_ The easement :line vv�ll be ;et ;3
location where a 2 1 s1o`pe frarn the:toe of the creek bank intersects the
. . . .
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finished grade, plus 21 deet The access width.;however #rorrj fi..q.
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of...the.cree.l<..banl<<.to the::easernen ame s[ ali. not .be Less than. 5.:fe:et:
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Pn ecce.ss:road sFialt be:instatf:ed..along the creek subject to:the review:
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and appro.v.a of tt e Pub>ic::UUar s Depart:mertt Na s .eyard encing"ar
othEr ;fencEr g wi...................................................
l be.. alfpwed to.... exte 1. into the eeserinent::..:0 0
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Exeav:ation :far st)aprng.,tf-e southerly bar C may be eligible!. for crectit
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fioward the a.pplieant 51Vliranda Creek chan:net exoava...:n res:ponSibility
have.'er, the applicant hasag:reed to W.Aiv a y credit so none will be
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d
a1a'o :e
6.
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$) :. The applicant shell fae raqu�red to deS�gn drainage fa ilit�es.cox�veyirig
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stormwateK rom areas ess t an quare mi e to convey t e::1. .year.:.
design storin. If the existing ufvert W ich tl�rects floiw from this area
to Miranda Creelc;cannotdonvey the A ..ye rstorm, the applicant U" 14
Werequired'to improve.th�;..fiacIl�ty Lo coriveY this flow. ter Cpllept. ar1t3
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convey the;additiona#flows loan adequate storm drainage facility near
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Bolla Avenue, sub:�ect to the review; and approval of the PublAc Works
Department; Engineering Services Division The applicant we[3
required to u stant�ate,ahat any manmade drainage facility conveying;
.. ............. . .... ........... .
starmtivaterfrom;this prjpoertY is ad'equa :e;
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Any drainage ana ysis f.tir thedesigr capacttY of: Miranda Creek will be
_.._................._..........................-.................I............ ...._.................................._._...............__:.:..........._............:
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.: ...............................
based on a 25 year design storm since tf �s porton of Mirands Creek
......:.
(:Q...9t s water from an area o:fi between 1 and 4 square miles
I.
GREEK STRUGTIJRESETBA K :
Applieant shall FeliRquish "develepmeRt Fights" eveF that pertien Of the site that
is
a+ ,
r4ghts" shall be eenveyed to the Geunty by gicaiit deed.
J. FEMA FLOOD ZONE:
The project lies within the 100-year flood boundary as designated on the
Federal Emergency Flood Rate Maps. The applicant shall obtain a floodplain
permit pursuant to the requirements of the Federal Flood Insurance Program and
the County Flood Plain Management Ordinance (Ordinance No. 90-118) prior
to the filing of the final map. All finished flood elevations shall be constructed
above the 100-year flood elevation plus sufficient freeboard (for this property,
the finished floors shall be elevated above 335.0 feet).
14. Acoustic Report: Prior to filing a final map, the applicant shall submit two copies of
a report prepared by a qualified acoustic engineer based on projected noise conditions
affecting this site as documented in the Noise Element of the General Plan. The report
shall make recommendations for mitigation of noise impacts. The report shall be
subject to review and approval by the Zoning Administrator. The approved recommen-
dations shall be incorporated into the design of the project.
8
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 provisions of the Heritage Tree Ordinance adopted by the Board of
Supervisors.
D. Comply with the requirements of the Central Contra Costa Sanitary District.
E. Comply with the requirements of the San Ramon Valley Fire Protection District.
F. Comply with the requirements of the Health Services Department, Environmental
Health Division.
G. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
H. Comply with the requirernents of the East Bay Municipal Utility District.
I. 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.
J. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Alamo Area of Benefit as adopted by the
Board of Supervisors.
K. The applicant shall be required to comply with the drainage fee requirements for
Drainage Area 76 as adopted by the Board of Supervisors.
L. The applicant shall be required to comply with all rules, regulations, and procedures of
the National Pollutant Discharge Elimination Systems (NPDES) for municipal,
construction and industrial activities as promulgated by the California State Water
Resources Control Board, or any of its Regional Water Quality Control Boards (San
Francisco Bay - Region II or Central Valley Region V).
M. This project may be subject to the requirements of the Army Corps of Engineers. It
is the applicant's responsibility to notify the appropriate district of the Corps of
Engineers to determine if a permit is required, and if it can be obtained.
9
N. 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.
0. 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.
P. Vested Rights and Fees: This project is subject to the development fees and
regulations in effect under County Ordinance as of May 7, 1994, the date the vesting
tentative reap 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.
Q. The applicant is advised that the tax for the police services district is currently set by
the Board of . Supervisors at $200 per parcel annually (with appropriate future
Consumer Price Index [CPI] adjustments). The annual fee is subject to modification by
the Board of Supervisors in the future. The current fee for holding the election is $800
and is also subject to modification in the future. The applicable tax and fee amounts
will be those established by the Board at the time of voting. The applicant is advised
that the election process takes from 3 to 4 months and must be completed prior to
recording the Final or Parcel Map.
R. Expiration of Vested Rights: Pursuant to Section 66452.6(g) of the Subdivision Map
act, the rights conferred by the vesting tentative map as provided by Chapter 4.5 of
the Subdivision Map act shall last for an initial period of two (2) years following the
recording date of the final/parcel map. These rights pertain to development fees and
regulations. Where several final maps are recorded on various phases of a project
covered by a single vesting tentative map, the initial tirne 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.
10
The initial time period may also be subject to automatic extension pursuant to other
provisions of Section 66452.6(g) relating to processing of related development
applications; by the County.
At the expiration of the vesting time period, remaining development (i.e., new building
permits) within the subdivision shall be subject to development fees and regulations
in effect at that time.
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i
RMP/RHD/aa
SUBXV/7898C.RMP
9/13/94
10/10/94-ZA (a)
12/5/94
2/22/95