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HomeMy WebLinkAboutMINUTES - 11191996 - D31 I < THE BOARD OF SUPERVISORS OF - CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on Tuesday. November 19. 1996 by the following vote: AYES: Supervisors ROGERS , DeSAULNIER, TORLAKSON and SMITH NOES: NONE ABSENT: SUPERVISOR BISHOP ABSTAIN: NONE RESOLUTION NO. 96/564 SUBJECT: In the Matter of the Dougherty Valley ) Specific Plan Amendment ) County File #SP 96-0001 ) The Board of Supervisors of Contra Costa County RESOLVES that: There is filed with this Board and its Clerk a copy of Resolution No. 22-1996 adopted by the Contra Costa County Planning Commission which discusses Specific Plan Amendments to the adopted Dougherty Valley Specific Plan (County File #SP 96-0001). , On Tuesday, November 12, 1996, the Board held a public hearing and continued the matter for decision to November 19, 1996, on said Specific Plan Amendment discussed by the Contra Costa County Planning Commission, Resolution No. 22-1996. 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. The Board closed the public hearing and APPROVED the Specific Plan Amendment. The Board further finds, based on the entire record, that the change in the Urban Limit Line is a minor change which will more accurately reflect topographical characteristics or legal boundaries. JWC:aw jAaw%dvsp.res 1 hereby certify that this is a true and correct copy of I, acdon taken and entered on the minutes of the OWN of Supervisors on the date shown. ATTESTED: November 19 , 1996 PHIL BATCHELO Clerk of the board of Supervisors an C my Administrator Deputy Contact: Jim Cutler, CDD (510) 335-1236 cc: Community Development Department Public Works Department CAO County Counsel RESOLUTION 96/564 Contra Costa mo'''wCount TO: BOARD OF SUPERVISORS °'� 1 '-' ;ko y �;., •c3' FROM: HARVEY E. BRAGDON °a'couK"� DIRECTOR OF COMMUNITY DEVELOPMENT DATE: November 14, 1996 SUBJECT: Closed for Decision Hearings on Dougherty Valley General Plan Amendment (GP960001) , Dougherty Valley Specific Plan Amendment (SP960001) and Rezoning with Preliminary Development Plans for Windemere Ranch Partners (Applicant & Owner) , County File #RZ9'53032 and Final Development Plan (DP953064) and Shapell Industries (Applicant & Owner) , County File #RZ953033 and Final Development Plan (DP953086) in the Dougherty Valley Area. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Certify the Draft and Final Subsequent Environmental Impact Report prepared for this project as being adequate for the purposes of compliance with CEQA. 2 . Adopt General Plan Amendment GP960001. 3 . Adopt the Dougherty Valley Specific Plan Amendment, County File #SP960001. 4. Approve Rezoning with Preliminary Development Plans RZ953032 and RZ953033 as approved by the County Planning Commission. 5. Approve Final Development Plans DP953064 and DP953086 with the conditions of approval as approved by the County Planning commission and the modifications as recommended by staff. 6. Adopt the findings as the Board's own contained in Resolutions 23-1996 and 26-1996 as the basis for the Board's action. 7. Adopt the "Findings Related to Conditional Approval of Final Development Plans and Vesting Tentative Maps for the Dougherty Valley Project, Gale Ranch Phase II and Windemere Phase I." • CONTINUED ON ATTACHMENT: X YES SIGNATURE`S RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO ITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON November 19, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A _x UNANIMOUS (ABSENT III TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Debbie Chamberlain - 335-1213 . Orig: Community Development Department ATTESTED November 19. 1996 cc: Shapell Industries PHIL BATCHELOR, CLERK OF Windemere Ranch Partners THE BOARD OF SUPERVISORS Public Works Dept. AND UNTY ADMINISTRATOR County Counsel Town of Danville BY , DEPUTY City of San Ramon �D 2 . 8. Introduce the ordinance giving effect to Rezonings RZ953032 and RZ953033 , waive reading and adopt. 9. Direct staff to post Notice of Determination with the County Clerk. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS The background information for this is contained in the staff report provided with the Board Order. The County Planning Commission held a public hearing and the San Ramon Regional Planning Commission held a meeting to review the merits of the project, allowing both commissions the opportunity to review the projects. At the conclusion of the meeting, the County Planning Commission voted to recommend approval to the Board of the General Plan Amendment, Specific Plan Amendment, related rezoning applications and final development plans and the San Ramon Valley Regional Planning Commission adopted a concurring motion. The County Planning Commission's recommendation included modification to the Dougherty Valley Specific Plan incorporating comments received by the San Ramon Valley Fire Protection District dated October 30, 1996. This action is referenced in Resolution #22-96. Commission after reviewing all the evidence in the record approved the subdivision applications and recommended approval of the related planning applications to the Board of Supervisors with the modifications as noted in the conditions of approval included with this Board Order. Staff has provided additional information on • the issues of Transit, Dublin Traffic Fee and NPDES/water quality discussing the Planning Commission and San Ramon Valley Regional Planning Commission recommendation: A. Transit. The Dougherty Valley project was designed to be a leading project of the next century and provide for modes of transportation other than the automobile, such as regular transit service and enhanced transit service. Regular transit service is the transit service currently provided by the transit provider in the area. Enhanced transit would be transit service above and beyond the regular transit service and would only be for the benefit of development in the Dougherty Valley. Enhanced transit would be express bus or shuttle service to the Dublin BART station. Enhanced transit would also be school buses or shuttles to and from the schools. The Dougherty Valley Specific Plan, the 1992 EIR and the 1996 Subsequent EIR for the Dougherty Valley project, and comments from the City of San Ramon and the Central Contra Costa Transit Authority all state the need for the project proponents to contribute toward the provision of transit service to the Dougherty Valley area. The Central Contra Costa Transit Authority (CCCTA) has estimated the resources needed to serve the Dougherty Valley. The CCCTA has indicated that they will not be able to support regular and enhanced transit service with the anticipated sales tax revenue. Additional funding will be needed. The conditions of approval require an assessment on all parcels to fund only the enhanced transit service. This assessment will be required on all projects in Dougherty Valley. The proposed assessment will not go into effect until the service is actually warranted. Until service is actually provided, this condition of approval will serve only to 36 3 . put future homeowners on notice that enhanced transit will be provided when warranted, and that they will be assessed a fee for this service. While the additional funding is needed, it is not reasonable to have an assessment without a cap. It is recommended that a $100 per year cap, adjusted annually for inflation, be established as the maximum assessment amount. The need for the express bus service or the school bus service will be analyzed prior to issuance of the 1, 000t° permit and 1,800t" permit. The developers believe that the cost of transit should not be a burden placed on one development but should be a region wide responsibility. They believe when there is a need for transit, the population of the region as a whole should provide the funding. As an alternative to the recommended condition of approval requiring the applicant to provide for transit service, the condition could be revised to require the applicant to work with the appropriate transit provider to identify and to develop a funding source that will allow transit to be provided in the Dougherty Valley. It should be noted that the issue of funding transit was brought up before with the first phase of Shapell 's project, the Country Club at Gale Ranch (SUB 7796) , two years ago. Transit funding was also considered with the formation of the County Service Area (M29) for Dougherty Valley. In both cases the development was not required to fund the transit service. B. Dublin Traffic Fee. County staff has been working for about a year and a half with the incorporated cities surrounding the Dougherty Valley project to develop appropriate fees for traffic mitigation. Fees have been adopted recently for the City of San Ramon and Town of Danville. A fee for the City of Dublin has not been adopted yet because the Tri Valley Transportation Council (TVTC) traffic modeling has not been completed, which is the basis for the fee determination. It is anticipated that the modeling will be completed in about two weeks with the fee determined about two months later. The conditions of approval require the applicant to pay the Dublin/Contra Costa Fee that is to be adopted by the Board of Supervisors. If a Joint Exercise of Powers Agreement (JEPA) agreement has not been adopted or a fee set by January 1, 1998, the fee would be set at $245 per dwelling unit until a formal JEPA and fee is adopted. Th $245 fee is the same as was approved with the Country Club at Gale Ranch project. When that project was approved, the actual Dublin/Contra Costa Fee was not known. The $245 was in the middle of an estimated fee range. Provisions have also been included in the conditions of approval to allow for adjustments to the $245 fee if the JEPA is adopted after January 1, 1998. C. NPDES/Water Quality. Staff recommends all of the issues alliterated here be resolved prior to the filing of the first final map or by July 1, 1997 whichever comes first. Through the comment process, several issues were raised regarding water quality and the mitigation of water quality impacts. The developer has proposed to incorporate (a) basin(s) for mitigating water quality and water quantity impacts. The incorporation of wetlands or a biofilter can be part of a greater water quantity or peak reduction basin. However, there is a nexus between the time the storage volume is retained and the percent suspended solids remaining in the runoff. Typical standards for detention basins require that the basin drain in 24 hours in preparation for the next 4 . storm. Water quality basins require greater storage times of between 48 and 96 hours to effectively reduce or eliminate the increased turbidity due to the suspension of solids like soil and vegetative debris. This additional storage period requires a larger basin and therefore requires significantly more land area. The high value of developable land in Contra Costa County measured against the diminishing returns of retaining the water more than 24 hours have to be weighed against each other. There may be additional, less expensive measures that would also provide some redundancy in protection that could be incorporated at a significantly lower capital cost. This redundancy provides several benefits in reducing the impacts of urbanization on storm water quality. A single measure has no protection against failure. The measure either works or doesn't and when it doesn't there is no other protection against the impacts assessed in the EIR. A single measure is often very costly, and in the case of the aforementioned basin, may not provide the same possibilities for education and recreation several measures would afford. One of the concerns raised regarding the introduction of wetlands into a detention basin, is that due to current regulatory restrictions, the basin would become unmaintainable. Once wetlands establish themselves in a detention basin, the regulatory process necessary to remove the vegetation during desilting of the basin becomes very arduous. The sediments settling within the basin would degrade the flood protection historically provided. In answer to this concern, the California Regional Water Quality Control Board (RWQCB) has adopted an understanding with other regulatory agencies that wetlands introduced for water quality benefit would not need the usual regulatory permits. There has been no test of this policy to date, and the risk still exists that the introduction of wetland vegetation could also foster the growth of endangered species. Then truly, the basin would no longer be maintainable. Consequently, tiered basins that separate detention/storage from water quality areas clearly make more sense, so that the detention portion of the basin can be consistently maintained without the fear of heightened regulatory interest. • By incorporating several mitigation measures, the measures can be small, integral features of the development that in and of themselves provide a natural amenity to the looks of the subdivision. Staff would advocate that the developer provide a more complete plan to mitigate storm water pollution which provides a well-rounded approach and includes certain redundancies. Another issue considered as part of the storm water pollution program is that of performance standards. To date, local municipalities have tried to keep the RWQCB from developing the selfsame standards in the hope that the work necessary would not be beyond the resource and expertise of the local municipality. Requirements could be as simple as street sweeping or as onerous as treatment of storm water much like our current sewer system. Therefore, local governments have advocated measures that reduce storm water pollution to the maximum extent practicable. This more "reasonable" standard interjects a common sense approach into the decision making on individual measure(s) . However, it is important to note that only by very gross standards is money a reasonable excuse for rejecting an individual measure. The measure is more likely to be rejected because of the return on investment. If a measure is very expensive for the effectiveness standard it meets, several other measures may be advocated in its place with significantly better results. 3/ 5. The Planning Commission in their decision on the Windemere Ranch Partners Phase I and Gale Ranch Phase II modified conditions of approval which are not reflected in the both projects. For consistency between the two projects, the following conditions of approval should be modified: Changes to Gale Ranch II. COA #29 should be modified to read as follows: No later than 18 months before 3, 666 units for this phase of Dougherty Valley are constructed, provide the location of the community center and library. Prior to filing the first final for this phase of Dougherty Valley provide the location of the police substation. These locations shall be submitted for review and comment by the City of San Ramon, Town of Danville and the DVOC prior to submittal to the County Zoning Administrator for review and approval . COA's #152-157: The phrase beginning these conditions "If the County, upon further environmental review determines, if necessary, . . . with the following: If after conducting noise monitoring the County determines it is necessary. . . COA #215 should be deleted and replaced with the following: The project proponents shall provide a setback for all roads in the creek corridors and establish and maintain a native vegetation buffer in the setback area between the creek and road. The setback will vary in width depending on creek size and depth based on guidelines contained in the DVSP. Changes to Windemere Ranch Partners Phase I COA #15.F. should be amended to read as follows: Transporting of heavy equipment and trucks shall be limited to weekdays between the hours of 7:00 A.M. and 5:00 P.M. Appeals of Subdivision 957976 and 957984 were filed on November 6, 1996. These items have been scheduled for the November 19, 1996 Board meeting. Alternatively, the Board may wish to take testimony on the General Plan Amendment, Specific Plan Amendment, related rezoning requests and final development plan applications and continue these legislative matters to November 19, 1996 to be heard with the subdivision applications. DJC/aa BDI/Dougherty.DJC REVISED CONTRA COSTA COUNTY COMMUNITY.DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Shapell Industries APPLICATION NO. SD957984 P. O. Box 361169 DP953086 Milpitas, CA 95036 'ASSESSOR'S PARCEL NO. 206-040-002, -003, -004; 206-240-003, -010; 217-060-025; 206-080-010 OWNER: Same as above ZONING DISTRICT: P-1 APPROVED DATE: 11/19/96 EFFECTIVE DATE:' 11/19/96 This is to notify you that the Board of Supervisors has granted your request for a final development plan and subdivision, subject to the attached conditions. i HARVEY E. BRAGDON, Director Community Development Department By: ( 1 - Dennis Barry, Deputy Director PLEASE NOTE THE EFFECTIVE DATE, and be aware of the renewing requirements as no further notification will be sent by this office. The Clerk of the Board will provide you a copy of the Board Order with approved Conditions of Approval. Unless otherwise provided, you have 36 months from the approval date to file the FINAL MAP. FINDINGS AND CONDITIONS OF APPROVAL FOR SUBDIVISION 7984 AND DEVELOPMENT PLAN 953086 AS APPROVED BY THE BOARD OF SUPERVISORS ON NOVEMBER 19, 1996 Conditions of Approval annotated with a 1992 Mitigation Measure are provided in summary form. For complete text please see "Dougherty .Valley Final EIR" on file with the Community Development Department - 651 Pine Street, 4th Floor North Wing, Martinez, CA. P-1 District Findings A. The applicant has. indicated they intend to commence construction within two and one-half years of the effective date 6f final project.approval. B. The unit project (up to 1,836), as conditioned, is consistent with the County General Plan. The project as proposed is consistent with General Plan Amendment 960001 and SP960001. The plottages of land uses as shown are consistent in shape and location as those shown on the General Plan Amendment. The additional 11 units are contingent upon the number of fire stations needed in the Valley. C. The project will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the nearby community. D. In accord with the required findings of the Planned Unit District, the County finds that the development of a harmonious, integrated plan like this project,justifies exceptions from the normal application of the Ordinance Code, including variations in parcel configuration and design to provide better conformity with the environmental features of the site. Conditions of Approval 1. This approval is based upon the exhibits received by the Community Development Department listed as follows: A. The Gale Ranch II as authorized under the following Conditions of Approval, is subject to language contained within the Agreement to Settle Litigation Relating to the Dougherty Valley General Plan Amendment Specific Plan and Environmental Impact Report, executed between Contra Costa County, the City of San Ramon, the Town of Danville, and landowners on May 11, 1994. Exhibits B and G of the Settlement Agreement summarizes the performance standards that the project is required to meet. The Conditions of Approval address all of the impacts of the project, as identified in the Dougherty Valley DEIR and FEIR and Dougherty Valley subsequent DEIR and FEIR. The Conditions of Approval are not intended to interpret or be a complete recital of all obligations of the parties under the Settlement Agreement nor do they constitute any modification of that Agreement. However, the project conditions which make specific reference to the Settlement Agreement are understood to satisfy this project's obligation under that Agreement. The project, as proposed, is consistent with the Settlement Agreement. 2 B. This application is approved, generally as shown on the Vesting Tentative Map received October 19, 1995 by the Community Development Department for 2,249 lots on the 973 acre site. Unless otherwise indicated, the following conditions of approval require compliance prior to filing the Final Map. C. Exhibit B - Grading plan for site(shown on same sheet as Vesting Tentative Map). D. Conceptual home design dated received by the Community Development Department on October 19, 1995. The approval is also based upon the following reports: A. Preliminary Geotechnical Investigation prepared by ENGEO and dated received December 28, 1995 by the Community Development Department. B. Landscape Plan prepared by Samson Associates and dated received November 8, 1995 by the Community Development Department. C. Creek Revegetation Plan prepared by LSA, dated January 15, 1995. D. Gale Ranch Commercial Development Potential, September, 1995. Unless otherwise indicated, the following conditions shall be complied with prior to filing the first Final Map. The maximum number of lots approved for this development subdivision up to 1,836 lots. 2. The approval is for a three(3)year period which may be extended for an additional three (3) years. An extension request must be submitted prior to expiration of the initial approval and must be accompanied by the appropriate filing fee. An extension request is subject to review and approval of the appropriate hearing body. 3. The approval of the Rezoning/Preliminary Development Plan 953033, and Final Development Plan 953086 shall run concurrently with the time limits of SUB 7984. 4. The development shall be done in phases as shown on the approved phasing map dated received October 19, 1995 by the Community Development Department. Phasing may be overlapping and may be revised subject to the approval of the Zoning Administrator. 5. At least 60 days prior to recording the final map, any revisions of the internal circulation plan or lot layout shall be subject to review and comment of the San Ramon Valley Regional Planning Commission and subject to review and approval of the Zoning Administrator. 3 6. This subdivision is approved contingent upon approval of the rezoning request (953033) from P-1 to P-1 and General Plan Amendment 960001 and Specific Plan Amendment 960001. 7. Pursuant to Government Code Section 66474.9, the applicant (including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa County Planning Agency, and its agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents, officers, or employees to attack, set aside, void, or annul, the Agency's approval concerning this subdivision map application, a <_which action is brought within the time period provided for in Section 66499'37. County will promptly notify the subdivider of any such claim, action, or proceeding and cooperate fully in the defense. 8. The covenants, conditions and restrictions shall be submitted for review with the Final Subdivision Map, and shall be subject to review and approval by the Zoning Administrator. This document shall provide for establishment, ownership and maintenance of the common open space and parking, fire protection, fencing, private streets and drainage maintenance, keeping of pets and establishment of signs. The Covenants, Conditions and Restrictions (CC &Rs) developed for this project shall include the following deed restrictions: A. (Example) -No recreational vehicle, boat, boat trailer or mobile home shall be stored on the site overnight. Exterior materials and colors shall not vary from the palette approved for the original homes or subject to review and approval of the Homeowners Association. 9. The applicant shall ensure that a homeowners association/county service area/lighting and landscape district/geologic hazard abatement district shall be formed for the maintenance of the private streets and open space areas shown on the Tentative Subdivision Map. Open space offered to but not accepted by the East Bay Regional Park District shall be designated as open space area on the Final Map for the various phases of the project. Regional trails running through said project will be shown on all project maps subject to review and approval of the Zoning Administrator. 10. At least 30 days prior to filing the Final Map, plans shall be submitted for review by the Community Development Deparhnent, 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 address. 11. All P.G.& E. vaults shall be underground and shown on the final improvement plans. 4 12. Prior to the issuance of building permits, the applicant shall submit a detailed TDM Plan for review and approval of 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. 13. Contractor and/or developer shall comply with the following construction, noise, dust and litter control requirements: A. Noise generating construction activities, including such things as power generators, shall be limited to the hours of 7:00 A.M.1o;5:30 P.M.,.Monday through Friday, and shall be prohibited on state and federal holidays. The restrictions on allowed working days may be modified on prior written approval by the Zoning Administrator. B. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors and concrete pumpers as far away from existing residences as possible. C. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehi- cles, erosion control, and the 24-hour emergency number, shall be expressly iden- tified in the notice. The notice shall be re-issued with each phase of major grading and construction 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. _D 740 83� 5 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] [portion of the development site]. This shall include provision for an on-site area in which to park earth moving equipment. F. Transporting of heavy equipment and trucks shall be limited to week days between the hours of 7:00 A.M. and 5:00 P.DA. G. The site shall be maintained in an orderly fashion: Following;the cessation of construction activity, all construction debris shall be removed from the site. 14. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the applicant shall record the following as a deed notification: "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." t When a Final Subdivision 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. 15. A will-serve letter or agreement from the San Ramon Valley School District shall be submitted to the Zoning Administrator prior to recording the Final Map. 16. The applicant shall ensure that the final development plans shall comply with the requirements of the San Ramon Valley Fire Protection District including provision for water supply and fire hydrants, as determined by the District. 17. Prior to filing the final park plans with the Community Development Department, the City of San Ramon shall have the opportunity to review and comment on the plans. Affordable Housing 18. The applicant shall provide affordable housing consistent with the Dougherty Valley Affordable Housing Program, adopted by the Board of Supervisors on Match 22, 1994 (or as may be amended). Prior to filing each final map, the applicant shall indicate the status of affordable housing provided; and the schedule for future provisions consistent with the affordable housing requirement. 6 Signage 19. Prior to issuance of a grading permit, submit for review and approval of the Community, Development Department a sign program adhering to the following parameters: A. Neighborhood entry signs not to exceed 16 square feet. The signs shall be integrated with nearby wall or fence systems. B. Temporary marketing sign: One Neighborhood directional 6' X 61-611 One Neighborhood marketing 6' X 13' One Development marketing 7'-6" X 16" One Model Home Sign 3' X 3' One Vehicular transportation direction sign 8' X 7' Landscaping 20. Soundwalls located along Bollinger ;Canyon Road shall be submitted for review and approval of the Zoning Administrator. The soundwalls shall be setback a minimum of 4-feet from back of sidewalk. .The soundwalls shall be planted with vines or shrubbery. Submit for review and comment of City of San Ramon. 21. Prior to issuance of a building permit, submit final designs, site plan, color samples and landscape plans and comply with the County's Water Conservation Ordinance for review and approval of the Zoning Administrator. 22. The final landscape plans shall consider incorporating innovative streetscape treatments, such as tree street wells and decorative pavement. 23. Prior to issuance of a building permit, pay a per.unit fee of$100.00 to fund the compliance monitoring programs. Land Use and Planning Policy 24. The project proponents shall work cooperatively with the developers in the Dougherty Valley to ensure the Master Plan for the Village and Community Park shall be revised to more closely respond to the design issues identified by the Dougherty Valley Specific Plan and Community Design Handbooks. No building permits shall be issued in the Village Center until the Master Plan is approved by the Zoning Administrator. (MM 4.1-4(a), 1996) 7 25. The Master Plan for the Village Center should include strong architectural controls to ensure land use compatibility. It should include an architectural "vocabulary" that would define the design elements, textures and colors to be utilized. Not every structure in the Village Center will have all or most of these elements, but they will serve as a unifying context. (MM 4.1- 4(b), 1996) 26. Developer shall construct one or.more maintenance facilities to store equipment to maintain the open space. 27. One additionalaccess to the Main Branch of Alamo Creek shall be provided near Blueheart Drive and Bollinger Canyon Road. Community Facilities 28. When the cumulative building permits issued within the Dougherty Valley reaches 3,666 , the community center and library shall be operational. 29. No later than 18 months before 3,666 units for this phase of Dougherty Valley are constructed provide the location of the community center and library. Prior to filing the first final map for this phase of Dougherty°Valley provide the location of the police substation. These locations shall be submitted for review and approval by the City of San Ramon, Town of Danville and the DVOC, prior to submittal to the County Zoning Administrator for review and approval. 30. Comply with the Community Facilities Fee. Payment of the $1,410.00 per unit fee is due prior to the issuance of each building permits. Public Utilities 31. The applicant shall plan neighborhoods and use setbacks, buffering, landscaping, fencing, grading, natural topographic features, building orientation, urban design solutions, and other approaches to reduce or eliminate potential conflicts. The Zoning Administrator shall determine compliance prior to filing the final map for each phase. (MM 4.2, 1992) 32. The electric and magnetic field strengths of the transmission lines in the Dougherty Valley planning area will be measured. The measurements will be submitted to the County prior to County for projects adjacent to 23-kV lines. This condition of approval has been complied with through the 1996 Subsequent EIR for Dougherty Valley. (MM 13.1, 1992) 33. The applicant shall petition LAFCO to amend the SOI and annex the remainder of Dougherty Valley into DSRSD, the preferred water service provider, or to EBMUD, should that alternative become viable. (MM 4.2-1(a)) > Id 8 34. The applicant shall petition DSRSD and Zone 7 to implement the BMWD program or purchase water from another source and extend water service to Dougherty Valley. In the event that DSRSD/Zone 7 cannot serve Dougherty Valley and implement the Water Supply Management Program. (MM 4.2-2(b) 35. .The applicant shall petition LAFCO to amend the SOI and annex the remainder of Dougherty Valley into CCCSD, the preferred wastewater service provider. (MM 4.2-5) 3.6 ,, . .Prior to approval of final subdivision maps.within the Gale Ranch II project, the applicant will submit will-serve letters or equivalent from the water district. This necessarily implies that modifications of the SOI and annexation to the water district will have been completed, and that the developer and water district have reached an agreement on funding the infrastructure needed to serve.Dougherty Valley customers. (MM 4-2-3(c), 1996) 37. The applicant shall make payment of connection fees to the appropriate district to finance construction of needed facilities and provide water service to the site. (MM 4.2-4, 1996). 38. If wastewater service is provided by CCCSD, project applicant will be required to comply with CCCSD Capital Improvement fees,and user fees to mitigate the cost of CCSD's related wastewater collection, treatment and disposal system capacity expansion projects. (MM 4.2- 6(a), 1996) 39. The applicant shall consult with CCCSD for the most feasible alternative to provide sewer service to the entire Dougherty Valley. The tunnel alternative shall be considered a viable alternative provided that geotechnical, as well. as design and economic issues, can be resolved. (MM 4.2-6(b), 1996) 40. The applicant shall petition and complete for annexation of the planning area to the Central Contra Costa Sanitary District. (MM 5.1, 1992) 41. If obtaining wastewater service from the Central Contra Costa Sanitary District would be infeasible or if other reasons justify serving the project through another agency, the developers shall obtain annexation of the planning area to DSRSD for wastewater service. (MM 5.2, 1992) 42. If DSRSD collects wastewater and TWA conveys it to Central Sanitary District in addition to the Central Sanitary District improvements listed above, except the expansion of the Larwin Pump Station/construction of Fallen Leaf Pump Station, the following improvements could be required: A. A relief gravity sewer. B. A raw sewage pumping station. 9 C. Flow equalization facilities. 43. The developers will provide the planning area's pro rata share of all off-site wastewater service improvements necessary to serve the planning area. (MM 5.3, 1992) 44. The County shall require all landscaping shall be irrigated with drip systems or water- efficient sprinkler systems. Landscaping will limit the amount of water allowed for new landscaped areas. and impose other water conservation measures. The final landscape plans shallindicate the size and type of species. All shrubs shall be minimum of one-gallon and trees a minimum of 15- gallons. The plans shall be stamped by a licensed landscape architect as being in conformance with the County's Water Conservation Ordinance. The plans shall be submitted for review and consideration, (MM 5.6, 1992) Landscaping must conform to AB 325, which requires land use planning agencies to adopt water use standards indicating the maximum amount of water allowed for new landscaped areas. Other water conservation measures, such as the BMP's outlined in the MOU for Urban Water Conservation in California, shall also be implemented by the selected water purveyor. r, 45. Maximum use of recycled water will be made, where feasible, for irrigation of open space areas, median strips and private landscaping. (MM 5.7, 1992) 46. The developers shall provide the planning area's pro rata share of all off-site water service improvements necessary to serve the planing area. (MM 5.8, 1992) 47. The developers shall provide the planning area's pro rata share of all off-site recycled water service improvements needed to serve the planning area. (MM 5.9, 1992) 48. Open space, median strip, and private lot landscaping shall consist of drought-tolerant, non- invasive, low-water use plant species. (MM 5.10, 1992) 49. The project proponents shall develop all on-site recycled water service improvements necessary to serve the planning area. Construction of these improvements shall be phased to make recycled water available for irrigation as the schools and golf courses that would' receive service are constructed. (MM5.11, 1992) 50. The project proponents shall construct on-site detention basins, which may include on-site storage facilities, to reduce post-project peak flood flows to predicted pre-project levels and promote infiltrations. (MM 10.1, 1992) 51. The project proponents shall participate in the Countywide curbside recycling program,. (NC%15.12, 1992) to 52. The project proponents shall participate in the County composting program. (MM 5.13, 1992) 53. The applicant shall ensure that the California Highway Patrol creates two additional patrol positions at the Dublin office. If the CHP is unable to create additional patrol positions, the County Sheriffs Department shall provide adequate staffing. (MM 5.13a, 1992) 54. The project proponent shall contribute to the providing 4,500 square feet of substation space. (MM 5.14, 1992) v 55. The project proponent shall ensure that the County provide a minimum of five Sheriff Deputy positions and vehicles to provide non-traffic related law enforcement service to the planning area. (MM 5.15, 1992) Compliance accomplished by formation of CSA M-29 and inclusion of law enforcement funding component. 56. The applicant will circulate development and open space management/improvement plans to CCCSD for review and incorporate feasible suggestions or produce alternative recommendations before submitting the plans for approval to the County Zoning Administrator. (MM 5.16, 1992) 57. The applicant shall ensure that fire stations are constructed and acquisition of equipment needed to provide adequate fire and emergency medical response to the planning area shall be funded when the San Ramon Valley Fire Protection District cannot meet time and distance response standards. (MM 5.18, 1992) 58. The applicant shall ensure that the San Ramon Valley Fire Protection District shall review all plans for development of the planning area and recommend the incorporation of fire breaks, fire buffers, fire roads, non-combustible roofing, sprinklers, and other measures where necessary to reduce fire hazards. (MM 5.19, 1992) 59. The applicant shall ensure that the East Bay Regional.Park District (EBRPD) or other responsible open space management agency shall incorporate fire prevention measures approyed by the San Ramon Valley Fire Protection District into its management of planning area open space areas. See Mitigation Measures for Public Service & Utilities Impact 16. These fire prevention measures could include fire breaks, grazing intensities, weed abatement strategies, controlled burns, access roads or other measures to reduce fire hazards. (MM 5.20, 1992) 60. The project proponents shall dedicate land for the seven primary and secondary school facilities to the San Ramon Valley Unified School District. The developers obligation is met by designating the elementary school and middle school site as shown on the Final Development Plan. (MM 5.21, 1992) 61. During the initial phases of development, the need may arise for excess students to be housed at alternative.site prior to the completion of new school facilities. If the San Ramon VALLEY Unified School District is unable to accommodate additional students, the project proponents will provide temporary space at existing or alternative facilities until new facilities can be constructed. (MM 5.22a, 1992) 62. The project proponents shall ensure that child care facilities are provided to serve the planning area according to the County's childcare ordinance. Each final development plan shall include how needs for childcare would be met. Childcare facilities shall be located on t school-sites or transit routes and within 0.25 miles of the schools;that th�} ildren housed" at the facility attend. (MM 5.25, 1992) 63. The project proponents shall establish an acceptable funding mechanism and plan for providing temporary modular buildings capable of housing children at any off-site elementary schools, if necessary due to delays in opening on-site schools. (MM 5.266, 1992) 64. The applicant shall ensure that open space areas will be managed by the East Bay Regional Park District or another appropriate agency. Management shall include, but not be limited to, construction and maintenance of trail staging areas, creek corridor improvements, habitat improvement, maintenance of trails and firebreaks, management of grazing contracts, weed abatement, and maintenance of a buffer between the open space and adjacent land uses. ' (MM 5.27, 1992) 65. The applicant shall work cooperatively with the East Bay Regional Park District to acquire off-site easements from the landowners to the north and south of the Gale Ranch II property to allow connection to a regional trail system. This mitigation measure should be implemented during construction of the regional trail on the project site soon after completion. (MM 5.30, 1992) 66. The applicant shall request the County establish a landscape and lighting district or Mello- Roos community facilities district to finance the maintenance of the regional trail east of Dougherty Road and it corresponding staging area. This mitigation measure shall be implemented as soon as the East Bay Regional Park District is able to connect this trail section into the constructed portions of the trail system. The developers shall be responsible for financing trail construction. (MM 5.31, 1992) 67. The project proponents shall dedicate one site for a public library and provide 11,600 square feet of library space. (MM 5.34, 1992) 68. The project proponents shall construct the library and fund acquisition of the materials necessary to operate the library. (MM 5.35, 1992) a 8.7 12 Flood Control 69. The Flood Control District shall be the responsible agency to provide maintenance to.the proposed basins, applicant shall ensure that the following conditions are satisfied: A. That basins are designed and constructed conforming to the District's standards and specifications. B. That an adequate, perpetual, funding mechanists, such as a Benefit Assessment District, is in place to assure perpetual;nnamtenance of the basin facilities. C. That any planned dual use of the basin right-of-way is covered by a joint use agreement which should first be reviewed and approved by the Flood Control District. (MM.4.4-1(a), 1996) 70. So that they can be maintained by the Flood Control District, each basin must have a capacity of at least 15 ac.-ft. (MM 4.4-1 (b), 1996) 71. Detention basin capacity shall be developed concurrent with construction in the affected watersheds. They should be completed with the first phase of construction. Alternatively construction of a detention basin may be phased, so that its volume is adequate to mitigate the run-off effects of graded and developed areas of the project. (MM 4.4-1(c), 1996) 72. The design of detention basins shall include features to avoid ponding stagnant water. The maintenance plan for each basin shall include measures to control mosquito populations, dust and wildlife hazards. (MM 4.4-1(d), 1996) 73. The applicant shall ensure that the basin sites nominated by the hydrology studies (sites A, B, C and D) shall be kept available for a flood control use until adequate basin improvements are constructed, as determined by the District, which meet or exceed the necessary mitigation requirements for the project. (MM 4.4-1(e), 1996) 74. Limit earthwork and construction in channels to the dry' , summer construction season. Any work done between October 15th and April 15th shall be specifically approved by the U.S. Army Corps of Engineers and the California Department of Fish & Game. Between October 15th and April 15th, before work is allowed to continue, erosion and sediment control materials shall be located on-site and ready to be installed within 24-hours if rain is forecast. (MM 4.4-2(a), 1996) 75. Bridges shall be large enough so that they do not constrict flows. Design of bridges shall be performed by a registered civil engineer. (MAI 4.4-2(b), 1996) 13 76. Where graded areas immediately adjoin a creek channel, more aggressive than normal erosion control measure shall be installed (e.g., redundant facilities, such as multiple silt fences). These measures shall be incorporated into the erosion control program and submitted for review and approval of the County Building Inspection Department and the County Zoning Administrator. (MM 4.4-2(c), 1996) 77. Disturbed areas in the creek corridor shall be hydro seeded or otherwise revegetated. (MM 4.4-2(d), 1996) 78: The performance of disturbed areas along the creek-corridor shall be inspected after each major storm to ensure that erosion control measures are effective and that necessary maintenance can be performed. (MM 4.2-2(e), 1996) 79. The developers, Flood Control District and staff-of the Contra Costa County Mosquito Abatement District should work cooperatively to control mosquito populations. This will involve constructing a low flow channel within detention basins, sloping the floor of detention basins to avoid ponds of water, designing manmade channels to avoid ponding of water, and use of mosquito fish to control mosquito populations, as necessary. (MM 4-3, 1996) 80. The proposed detention facilities shall include the provision of fencing and signing, specifically around both the inlet and outflow structures for each basin, and to design the trash rack and outfall structure to prevent access by children. The fencing should be of sufficient height and design to discourage children from attempting to enter these areas. (M1`2 4.44(x), 1996) 81. If a local park or agency takes over the responsibility for the basin(s) for active recreational use (e.g., trails, informal sport play areas, picnic areas) fencing and signing requirements shall be modified to standards appropriate to that use and acceptable to the District. For example, signs could warn visitors to the District. For example, signs could warn visitors of possible hazards. Low chain link fences in combination with a landscape screen could be used to restrict access to hazardous areas, without compromising aesthetic values. (MM 44.44(b), 1996) 82. The project proponents will construct on-site detention basins to reduce post-project peak flood flows to predicted pre-project levels so the storm water flow limitation at the County line is not exceeded. Detention basin design shall involve coordination with ACFSWCD prior to final design and must be reviewed and approved by CCCFCWCD. (MM 10.1, 1992) e) $3� 14 83. The project proponents will establish a storm drain infrastructure system throughout the proposed project that safely conveys run-off from individual homes, lots, and streets to the major creeks via a system of culverts, gutters, and swales. This local flood protection shall be provided for at least the 10-year local flood event. A benefit assessment district (or compatible mechanism) shall be established to maintain the drainage facilities for Alamo Creek. The applicant shall ensure that the Coyote Creek watershed shall be annexed to Drainage Area 75A, (MINI 10.2, 1992) 84. The project proponents shall increase the capacity of existing on-site major drainages. As a result of the degraded condition of the creeks in the planning area, the DVSP proposed a creek restoration program as stated under policy OSC-9, which includes the regrading of the creeks and channel modifications that would form terraces and accommodate major flood events and policy OSC-10 which requires that regraded creeks be stabilized using a combination of vegetation and environmentally sensitive stabilization techniques. The proposed creek corridors will vary in width and configuration. Major creek corridors would average 300 feet in width,• with fluctuations based on individual design and engineering considerations in order to provide adequate space for the full range of biologic, hydrologic, and recreational improvements. Smaller creeks and drainages are to be maintained within a 50-foot corridor. These channels shall be sized to accommodate the anticipated 100-year flood flows. The project falls under the jurisdiction of DFG and the Corps. Designs for creek improvements must be coordinatedwith these agencies. The project proponents shall submit a letter for map revision to FEMA to reflect the new 100 year flood plain due to the channel changes proposed in the restoration program. Development within the anticipated revised flood plains shall be designed to withstand flooding. (MM 10.3, 1992) 85. Prior to project construction, or to satisfy NPDES requirements, the project proponents will construct, as appropriate, on-site retention or detention facilities or install silt or grease traps in the storm drain system. (MM 10.4, 1992) 86. The project proponents shall ensure that their plan includes a substance control program for construction activities to reduce potentially significant impacts on water quality caused by a chemical spill. This program shall require safe collection and disposal of hazardous substances generated during construction activities and should include an emergency response program to ensure quick and safe cleanup of accidental spills. A hazardous substance control and emergency response program shall be approved by the Department of Environmental Health, with input from the City of San Ramon prior to approval of the final improvement plans, (MM 10.5, 1992) �.? 0 B3/. 15 Geolo,gy/Seismicity/Gradin The following measures require compliance prior to issuance of a grading permit. 87. Gradient criteria for cut and fill slopes as recommended by ENGEO shall be required of future applications when developing the project site. Any conflicts between the future grading plans and these criteria shall be interpreted as evidence that the plan is inconsistent with grading criteria for the project. (MM 4.5-1(a), 1996) 88. Any gradmg`"which''is proposed on a parcel prior to recording a final subdivision map (e.g., balance areas) shall be reviewed to ensure it does not conflict with the planning options for the site, and that graded areas is stabilized and protected from erosion. (MM 45-1(b), 1996) 89. Wherever feasible, grading within open space lands shall be contour-rounded to mimic natural terrain features and mantled with topsoil. All graded areas shall be revegetated (e.g., hydroseeded). (MM 4.5-1(c), 1996) 90. The design level geotechnical and geologic studies, which are a normal part of the subdivision process, shall include investigation aimed at providing. information on the location, width, engineering character and activity status of faults which transverse lands proposed for development. (MM 4.5-2(a), 1996) 91. During grading the engineering geologist for the project shall prepare an as-built geologic map. Locations of key features (e.g., fault traces or shear zones) shall be referenced from known survey points. (MM 4.5-2(b), 1996) 92. Appropriate grading and design shall be used to reduce the secondary effects of ground shaking to structures and infrastructures. Cut-and-fill slopes shall be designed to enhance stability of the site under seismic conditions. Measures to reduce the potential significant impacts of the secondary effects of ground shaking include (1) slope inclinations consistent .with the recommendations of the ENGEO report, justified by stability analysis at the time of the design-level geotechnical investigation; (2) removal or repair of landslides underlying proposed lots which have the potential to affect down slope project improvements; and (3) installation of subsurface drainage. (MM 4.5-3(a), 1996) 93. Engineered retention structures and surface and subsurface drainage improvements shall be used to improve the stability of potentially unstable colluvium not entirely removed in cut slopes. ENGEO proposes use of buttress fill debris benches at the toes of all major cut and fill slopes. These buttresses provide a necessary buffer between open space and developed lots. (MM 4:5-3(b), 1996) fF 4 16 94. Engineered fills on the project site shall be properly designed with keyways and subsurface drainage, and adequately compacted (i.e., minimum 90 percent relative co►npaction as defined by ASTM D1557) to significantly reduce both seismically induced and natural fill settlement. As recommended by the ENGEO reports (1995a, 1995b), for base keyways and fill located more than 50 feet below final finish grade, minimum relative compaction shall not be less than 95 percent. (MM 4.5-3(c), 1996) 95. All roads, structural foundations,, and underground utilities shall be designed to accommodate estimated settlement without failure, especially across transitions between fills and cuts. (MM 4.5-3(d), 1996) 96. Final design of the proposed improvements shall be made in conjunction with a design level geotechnical investigation submitted to the County for review prior to issuing construction permits. This investigation shall incorporate stability analysis of both existing and reconstructed project area slopes. (MM 4.5-3(e), 1996) 97. Project area slopes shall have a factor of safety greater than 1.1 under pseudo static conditions (i.e., assuming maximum possible groundwater levels during the life of the project and earthquake shaking). (MM 4.5-3(f), 1996) 98. Keyways consisting of non-liquefaction compacted soils shall be constructed along Alamo Creek channels between the developed area and existing channel. The approximate dimensions and depth of the keyways and their locations should be recommended by the geotechnical engineer during review of final grading plans and shall be reviewed by the County Geologist. (MM 4.5-3(g), 1996) 99. The design-level geotechnical report shall address the impacts of slope instability with respect to planned improvements. These can be significantly reduced or, in many cases, prevented by recognition of the conditions, and by one or more of the following, as appropriate to specific areas of the site. A. Specific improvements to remove/stabilize landslides and areas of creeping soils within or affecting proposed lots. B. Impact deflection or catchment structures below unmitigated areas "most" or "generally" susceptible to debris flows-, and appropriate foundation design. (MM 4.5-4(a), 1996) 100. The improvement plans for trails shall avoid their construction within or down slope of areas designated as "most" or "generally" susceptible to debris flows unless the hazard posed by debris flows is mitigated. (MM 4.5-4(b), -1996) "P. Yd 17 101. In areas of development on, or adjacent to, existing landslides slope repairs, shall include removal of unstable or compressible slide debris, excavation into underlying competent materials, construction of subsurface drainage measures, replacement with compacted engineered fill, construction of surface drainage measures, and planting with erosion- resistant vegetation, as recommended in the design-level geotechnical investigation report. (MM 4.5-4(c), 1996) 102. Surface drainage control measures shall be incorporated fog- any areas of remedial work associated with slope repairs. (MM 4.5-4(d), 1996) 103. The design-level geotechnical and geologic analysis submitted with 40 scale grading plans shall clarify the proposed mitigation of landslide hazards, and address how improvements at the toe of slides will stabilize up slope areas. (MM 4.5-4(e), 1996) 104. Use of 2:1 gradients is restricted to fill slopes less than 8-feet in height, and cut slopes less than 4-feet in height. Buttressfills, which are typically less than 20-feet high, and which do not support proposed dwellings, are allowed to have gradients of 2.5:1. All other engineered slopes in the project are to have gradients ranging from 3:1 to 3.5:1, depending on the slope height and nature of the material (or bedrock type). (MM 4.5-5(a), 1996) 105. A slope stability analysis shall be required in the design-level geotechnical report as the development potential of lands in the toe area of large landslides in unproven. This stability analysis is needed to support the assertion that buttresses are viable options for mitigation of potential movement near the toe of large, deep-seated landslides that extend into open space. (MM 4.5-5(b), 1996) 106. The approach to grading and development of the residential units shall be to improve the stability of the open space lands by corrective grading of landslides, drainage improvements .and revegetation of disturbed areas, in areas where development is adjacent to either steep slopes of hillsides which exhibit evidence of instability. Making cuts in the lower portion of a marginally stable hillside shall be avoided. (MM 4.5-5(c), 1996) 107. During construction, stockpile top soils for use as a dressing on cut and fill slopes that are to be retained as open space in the project. (MM 4.5-5(d), 1996) 108. As recommended by the December 28, 1995 ENGEO report, selective grading shall be used to construct major fills. Materials with the highest expansive potential shall be placed at depth with materials of low to moderate expansion potential reserve for use in the support portion of the fill. (MM 4.5-6(a), 1996) 109. Prior to issuance of a grading permit, the applicant shall submit a plan identifying sites where a stratified fill would be especially desirable and outline the general approach to be use in the field to yield a strafed fill (NfN'l 4._5-6(b); 1996) 18 110. Where placement of fill over compressible material is expected to cause an unacceptable amount of compression, the compressible material shall be removed to a depth sufficient to mitigate fill settlement. (MM 4.5-6(c), 1996) 111. Where tolerance of lateral deformation of a fill is low, the applicant's.geotechnical engineer shall provide special design recommendations that:are sensitive to specific conditions (e.g., geometry of fill slope, composition of the fill, planned location of improvements and other factors). Reinforced earth has been successfully used to control problems of this type. The grading permit application shall identify areas of the site where special design features are proposed to mitigate this problem. (MM 4.5-6(d); 19.96)` -. 112. Where the differential thickness of fill exceeds 10 feet, over-excavation methods shall be used to create uniform foundation conditions or foundations should be designed to accommodate differential. fill thickness. The over-excavation requirements shall be provided in the design level geotechnical report and the lots where this condition exists shall be identified prior to the issuance of grading permits. (MM 4.5-6(e), 1996) 113. For cut/fill transition lots, 3-feet of over-excavation shall be used to make the transition more uniform, as recommended by the ENGEO reports (1995a, 1995b). This subject shall be - reviewed in the design level geotechnical report. (MM 4.5-6(f), 1996) 114. The post-grading testing and observation geotechnical report should include settlement estimates for each major fill. The report should also provide a .specific estimate for differential vertical movement of building areas where fill thickness varies by more than 10- feet; for cut/fill transition lots; and provide analysis of lateral movement for lots at the edge of proposed fill slopes. It should also provide specific standards and criteria for selective grading of major fills. (MM 4.5-6(g), 1996) 115. The design-level report shall provide a plan for long-tern monitoring of settlement/swelling and lateral movement of major fills. The engineers for the project shall establish monuments in fill areas, especially ravine fills. Monitoring is to commence with the completion of rough grading and continue throughout development of all lots in that phase of the project. Delay construction of residential lots on ravine fills until the final stages of a particular phase, or subexcavate compressible material sufficiently to reduce predicted settlements to acceptable levels. (MM 4.5-6(h), 1996) 116. Fills in excess of 80-feet in thickness shall be instrumented to allow for accurate monitoring of vertical and horizontal movements. Long-tern monitoring of these fills should be the responsibility of the GHAD. (MM 4.5-6(I), 1996) 19 Erosion Control The following measure require compliance prior to issuance of a grading permit unless otherwise noted. 117. The applicant shall provide an erosion control plan prior to approval of the grading plan. The following interim control measures should be employed based on site-specific needs in the project areas: A. Grading to minimize areas of exposed, erodible material; and 'to- avoid over- concentration of rapidly flowing run-off in unprotected, erodible areas. B. The erosion control plan shall include water bars, temporary culverts and swales, mulch and jute netting blankets on exposed slopes, hydro seeding, silt fences, and sediment traps/basins. C. Placement of stripped topsoil on graded slopes prior to the onset of winter rains. D. The erosion control plan shall have a comprehensive program for inspection and maintenance during the winter irainy season, including provisions for documenting maintenance activities. E. Wherever feasible, isolate run-off from ungraded areas, thereby simplifying erosion control and sediment control measures within the graded area; this can be accomplished by installing lined drainage ditches on debris benches upon completion of hillside grading. (MM 4.5-7(b), 1996) 118. Where earthwork is proposed in the channel of West or Main Branches of Alamo Creek, biotechnical slope stabilization measures shall be employed (or integrated with engineered structures) to control erosion. (MM 4.5-7(c,), 1996) 119. In order to reduce the potential impacts of long-term erosion and sedimentation, the project shall incorporate the appropriate design, construction and continued maintenance of one or more of the following long-term control measures. The specific measures should be based on the recommendations of the proposed geotechnical engineer and hydrologist. A. Construction of sediment traps/basins and grassy swales at strategic locations to control sediment. B. Revegetation and continued maintenance of graded slopes, either by a GRAD, homeowners association or maintenance district-. Special care should be taken for slopes nearest creek channels. Z). 20 C. Construction of drainage ditches and buttress fills on the perimeter of the developed area, and integration of the ditches with the existing and planned storm sewer systems. D. Provide closed downspout collection systems for individual structures. E. Design cut and fill slopes to minimize, as much as possible, the velocity of sheet flow run-off. F. Provide periodic inspection and maintenance of.both individual (lot) and common (project) erosion and sedimentation control facilities. (MM 4.5-7(d), 1996) 120. Project plans shall incorporate drainage measures to collect and control surface run-off water on sloping lots, including lines ditches and closed downspout collection system. (MM 4.5- 7(e), 1996) 121. Concentrated run-off should not be permitted to drain over cut or fill slopes. (MM 4.5-7(0, 1996) 122. The proposed location of lines drainage?ditches shall be specified on the plans accompanying the design-level geotechnical investigation report, which should be reviewed by the County. (MM 4.5-7(g), 1996) 123. The design-level geotechnical investigation shall provide criteria for foundation of pavement design developed in accordance with the Uniform Building Code (UBC) and County Code requirements on the basis of subsurface exploration and laboratory testing. The constraints on the use of expansive soil near finish grade should be evaluated in the design-level geotechnical investigation report. (MM 4.5-8, 1996) 124. The applicant shall petition the appropriate utility provider shall design all potable water, wastewater and recycled water infrastructure to be located on undeveloped open space based on a grading plan and engineering geotechnical study prepared as part of the design level grading plan studies for the project. These plans shall be prepared prior to processing the final subdivision map for the project. The grading plan shall be reviewed and approved by an engineering geologist acting on behalf of the County prior to the County's approval of the development plan for the affected property. (MM 4.5-9(a), 1996) 125. Prior to issuance of a building permit, a design level geotechnical and geologic report shall be prepared concurrent with the design level grading studies. This report shall be subject to review and approval of an engineering geologist acting on behalf of the County. (MM 4.5-9(b), 1996) 21 126. Water reservoirs shall be constructed over competent bedrock. The construction of reservoirs on highly weathered or sheared rock should be avoided. Construction of reservoirs astride a cut/fill transition should also be avoided. (MM 4.5-9(c), 1996) 127. During grading of the Gale Ranch I1 project, keyways containing non-liquefiable, compacted soil should be placed in the zone adjacent to the channels of the West Branch and Main Branch of Alamo Creek. Design details for these keyways should be submitted for review and approval prior to issuance of the grading permits. (MM 4.5-10(a), 1996) 128. Improvements on the valley floor, shall.,be designed to accommodate the differential settlement that is associated with densification of sands as a result of earthquake shaking or liquefaction. The ENGEO reports (1995a, 1995b) indicate settlements of one-half inch are possible. (MM 4.5-10(b), 1996) 129. The trail alignments shall be reviewed by the geotechnical engineer for the project. The presice alignment shall be adjusted to avoid high risk areas and/or remedial measures shall be required in the debris flow source area. (MM 4.5-11, 1996) 130. The project proponents shall petition to participate in a Geologic Hazard Abatement District (GHAD) or an alternative mechanism to fund remedial work for landslides and land disturbances in graded areas. The developer will be responsible for remedial work to correct all soiUslide problems for two to three winters after the work is performed. (MM 9.4, 1992) 131. The project proponents shall submit a plan which will identify how access to identified slide areas in open spaces and parks will be prohibited. (MM 9.5, 1992) 132. The project proponents shall prepare an erosion control and rehabilitation plan (ECRP) to control soil erosion and sedimentation in nearby streams and rivers. The ECRP will include: A. Goals for grading, stabilization, and revegetation consistent with the final grading concept plan. B. Species list, planting density, and irrigation requirements for the restored area. C. Locations of all areas where vegetation will be removed. D. Methods to stabilize these areas. E. Locations of areas to be revegetated, quantities, and methods of seeding, mutating planting, fertilizing, and irrigating planted areas. F. Methods to reduce run-off across cut and fill slopes and other graded areas. 2 ' G. Location and function of sediment traps and debris basins, location and type of temporary measures such as hay bales, earth berms, sand-bagging, or silt fences. H. A schedule for implementation so that all erosion control measures will be installed and maintained throughout the rainy season of each construction year. 133. The site-specific, features of the ECPR shall be incorporated into the final development plan and approved by the County Geologist before grading approval by the County staff. (NIM 9.7, 1992) 134. The project proponents shall use special design criteria for structures built on soils with high shrink-swell potential', such as: A. Extending building foundations to below the zone of moisture fluctuation with deep Y footings or drilled piers. B. Replacing the expansive top soil with a layer of select fill material with low expansion potential. nat or slab foundation designed to resist the fluctuations associated C. Laying rigid r with the soil expansion. (NIM 9.8, 1992) 135. The project proponents shall prepare a detailed grading plan that specifies areas to be graded and shows earthwork balances to be included in the final development plan. (MM 9.1, 1992) The grading plan shall be reviewed and approved by the County Geologist prior to approval of the final development plan. 136. The project proponents shall employ appropriate landform grading techniques to maintain natural land forms and contours as much as possible. (MM 15.1, 1992) Air Quality The following conditions require compliance prior to filing the first final map, unless otherwise noted. 137. Whenever feasible during construction activities, the project proponents shall use recycled water fromwater trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and increase watering frequency when winds exceed 15 mph. (MM 7.1, 1992) 138. During.construction activities, the project proponents shall spray all dirt stockpiles daily or as needed. (N41\4 7.2, 1992) 23 139. The project proponents shall implement permanent dust control measures identified in the approved project revegetation and landscape plans as soon as possible following completion of any soil-disturbing activities. (MM 7.3, 1992) 140. Exposed ground areas that are planned to be reworked more than one month after initial grading shall be sewn with a fast-germinating native grass seed and watered until vegetation is established. (NW 7.4, 1992) 141. Following completion of ground distributing activities, the project proponents shallstabilize all disturbed soil areas not subject to revegetation using approved chemical soil binders,jute netting, or other methods approved in advance by the BAAQMM. (NIM 7.5, 1992) 142. Construction vehicle speeds shall not exceed 25 mph on any unpaved surface at the construction site without adequate dust control measures in place. The project proponents shall.post the road speed at all entrances to the construction site, prior to commencement of grading activities. (NIM 7.6, 1992) 143. During construction the project proponents shall use electric equipment where practical. (MM 7.7, 1992) 144. The project proponents shall maintain and operate equipment according to manufacturer's specifications. Project proponents may; however, implement engine timing retard (4 degrees) for diesel-powered equipment. (MM 7.8, 1992) 145. The project proponents shall implement engine timing retard (4 degrees) for diesel-powered equipment as recommended by the manufacturer. (MM 7.9, 1992) 146. The project proponents shall install catalytic converters on gasoline-powered equipment where required by law. (MM 7.10, 1992) 147. The project proponents shall substitute gasoline-powered for diesel-powered equipment where feasible. (MM 7.11, 1992) 148. Prior to filing the final map, the applicant shall provide evidence that recreation facilities, such as open space for hiking, parks, and movie theaters within walking and biking distance of residential units. 149. The applicant shall petition the County to modify signal timing to improve arterial traffic movement. (MIM 7.14, 1992) 150. The project proponents or other appropriate providers should provide bus feeder service to BART and other transportation infi-astructure. (MM 7.15, 1992) 24 Noise The following measures require compliance prior to filing the first final map for this phase of Dougherty Valley, unless otherwise noted. 151. To reduce noise to acceptable levels, the project proponents should locate new residences and other noise-sensitive land uses outside the 60 dB-Ldn contour lines caused by traffic and transit sources. The project proponents should employ setbacks and/or barners/walls to..locate noise-sensitive land uses, such as residences, schools, and health care facilities, outside the 60 dB-Ldn contour lines caused by traffic on roads and light rail trains on tracks directly adjacent to these land uses. Distances to 60 dB-Ldn contour lines for roads in-the planning area are given in tables 8-6 and 8-8. (MM 8.2, 1992) 152. An EIR on the implementation of the light rail train system should be required prior to final light rail project implementation. (MM 8.7, 1992) 153. If after conducting noise monitoring the County determines it is necessary, the project proponents shall provide soundwalls along Old Ranch Road adjacent to existing residences a subject to the concurrence of the City of San Ramon. (MM 8.8, 1992) 154. If after conducting noise monitoring, the County determines it is necessary, the project proponents shall upgrade the acoustical insulation of existing homes that abut Old Ranch Road where soundwalls will not be effective in reducing exterior noise. (MM 8.9, 1992) 155. If after conducting noise monitoring, the County determines it is necessary, the project proponents shall fund improvements to the roadway surface to reduce tire noise. When a roadway surface is in disrepair, irregularities in the roadway surface can result in increased tire noise from the interaction between the tire and the roadway surface. (MM 8.9(a), 1992) 156. If after conducting noise monitoring, the County determines it is necessary, the applicant shall petition the County to reduce the posted speed limit. Reducing the speed of traffic will reduce traffic noise. (MM 8.9(b), 1992) 157. If after conducting noise monitoring, the County determines it is necessary, the project proponents shall provide soundwalls or berms along Dougherty Road adjacent to current residences. (MM 8.10, 1992) 158. If after- conducting noise monitoring, the County determines it is necessary, the project proponents shall upgrade the acoustical insulation of existing homes along Dougherty Road where soundwalls or berms will not be effective in reducing exterior noise. (MM 8.11, 1992) 25 159. The applicant shall request that the County request that new homes being built in the City of San Ramon should be required to have adequate acoustical insulation so that additional homes will not need to be retrofitted. (MM 8.12, 1992) 160. The project proponents shall incorporate noise control features, such as setbacks and barriers, into the design of recreational and cultural facilities that have the potential to generate noise. (MM 8.13, 1992) Biological Resources The following conditions require compliance prior to the filing map for the area proposed for recordation. 161. The grasslands appear to have been overgrazed. Project proponents shall manage grasslands according to U.S. Forest Service standards and management recommendations by a qualified range ecologist and wildlife biologist. (NW 1 1.1, 1992) 162. The County and developers shall create and manage a large, wildlife preserve and corridor from the properties along the east side of the planning area. (MM 11.2, 1992) 163. The project proponents shall reroute proposed trails and relocate proposed facilities to the extent possible to avoid adversely affecting oak trees and riparian vegetation in open space and parks and recreation areas. (MM 11.3, 1992) 164. Wildlife breed in groves of Valley oak and other riparian areas. Construction within 150 feet of Valley oak groves and riparian habits will generally be prohibited during the breeding season (March 15 to July 15). Ground disturbing activities will be prohibited or severely restricted at all times (July 16-March 14). (MM 11.3(d), 1992) 165. If elimination of willows is unavoidable, the project proponents shall replace lost trees by planting seedlings. (MM 11.4, 1992) 166. If elimination of Valley oaks is unavoidable, the project proponents shall replace lost trees by planting seedlings. 167. Recorrunendations from the mosquito abatement district will be used in wetland and riparian habitat design to reduce the need for mosquito abatement activities. (MM It.5, 1992) 168. The local mosquito abatement district shall minimize the disturbance caused by mosquito abatement activities in wetlands during wildlife breeding season (March 15 - July 15). (MM 11.6, 1992) 26 169. Prior to construction activities in affected areas, the project proponents will fence all freshwater habitats and mitigation areas in designated open space areas to restrict human and livestock access, but allow movement of wildlife. (MM 11.7, 1992) 170. The project proponents shall prevent dredge or fill activities in jurisdictional wetland areas or compensate for the loss of on-site freshwater marsh. (MM. 1 1.8, 1992) 171. Prior to construction of any trail or other improvements in the alkali meadow area, a survey shall be undertaken to determine whether the San Joaquin spear scale and brittle scale are likely to be affected. If either.species is found, they shall be protected by redesign or abandonment of the proposed improvements. (MM 11.9, 1992) 172. The project proponents shall conduct pre-construction burrowing owl surveys to determine owl numbers, locations, and breeding activities. If owls are found to nest in the planning area, new nesting habitat may be created. The owls may move to this area on their own or they may be relocated in necessary. (MM 11.1, 1992) 173. The project proponents shall commission pre-construction field surveys for active raptor nests. If active nests are found, the project proponents shall either maintain a buffer zone around the nests or postpone construction until after the raptor breeding season (July 15 - January 15). (MM 11.12, 1992) 174. The project proponents shall develop and implement a plan to compensate for the loss of the tricolored blackbird nesting and foraging habitat. (MM 11.13), 1992) 175. The project proponents shall commission pre-construction surveys to determine the extent to which each construction phase could affect the badgers. If the badger is found, the project proponents shall implement the Mitigation Measures for Biological Resources Impact 1. (MM 11.16, 1992) 176. If the bridge.alternative is selected, the bridge shall be constructed without disturbing the area below the ordinary high water area of the creek which is associated with riparian vegetation, unless a bridge footing is required within this zone. (MM 11.17, 1992) 177. If the bridge alternative is selected and the project proponents need to construct a bridge footing within the ordinary high water line, they will take specific steps to maintain water quality and minimize disturbance of the stream bed and associated riparian vegetation. (MM 11.18, 1992) n 27 178. The project proponents shall prevent fill material and sediments from entering the stream by placing silt fences, straw bales, and other erosion control devises around the stream side perimeter of the construction sites. The project proponents will clean up and remove all loose soil and construction material from these areas on completion of construction, (MM 11.19, 1992) 179. If the culvert alternative is.selected, project proponents shall construct culverts at least 10 feet in height, with a natural bottom to allow unimpeded animal access through the culvert. (MM 11.21, 1992) 180. If the culvert alterative is selected, the project proponents shall minimize creek fill by designing the crossing to use retaining walls. (MM 11.22, 1992) 181. The project proponents shall revegetate all cut-and-fill slopes. (MM 11.25, 1992) 182. The project proponents shall provide under crossing at drainage culvert under crossings to allow wildlife movement,beneath rather than across the road. (MM 11.26, 1992) 183. The project proponents shall install fencing along the roadway extension to direct wildlife through the road under crossings. (MM 11.27, 1992) 184. The project proponents and the open space managers shall prohibit the use of rodenticide in open space areas. If ground squirrels or other rodent pests reach pest proportions, the open space managers shall consult with USFWS to determine appropriate control measures that would not affect San Joaquin kit foxes. (MM 11.14, 1992) 185. The project proponents shall avoid construction activities in the northern tip of the open space area identified as occupied by kit fox habitat, as shown in Figure 11-2-. (MM 11.15, 1992) 186. The Gale Ranch II project shall prepare a red-legged frog mitigation plan. The plan shall be prepared in consultation with representatives of the USFWS and CDFG and provide for the protection, replacement, and management of habitat for this species. The mitigation plan shall serve as the Biological Assessment for the Section 7 consultation process required by the federal Endangered Species Act during Corps of Engineer permit review. (MM 4.76-1, 1996) Public Health and Safety/Energy Conservation The following conditions require compliance prior to filing the first final map for this phase of Dougherty Valley, unless otherwise noted. 187. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the applicant shall record the following as a deed notification: 28 "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." (MM 1 1-1(a), 1996) 188. When a Final Subdivision 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. (MM 4.11-1(b), 1996) 189. Refueling and vehicle maintenance activities shall be avoided from creek corridor area. This area shall be designated on the final grading plans. (MM 4.11-12(a), 1996) 190. Any chemicals and petroleum products stored on site during the construction period should be kept within a bermed containment area. Moreover, the handling, storage and disposal of chemicals shall be done in accordance with a business plan (or equivalent) that is on file with the County Health Department - Hazardous Materials Division. (MM 4.11-2(b), 1996) 191. The developer(s) shall comply with the California Energy Commission energy budget limits by utilizing the most current CEC prescriptive packages available. The developer(s) will indicate what package (or performance standard) they are utilizing during the Building Inspection Department plan checking process. (MM 4.11-3(a), 1996) (MM 17.2, 1992) 192. Include fluorescent fixtures. In addition to the requirements for fluorescent lighting in kitchens and bath as prescribed by the Energy Standards, all fixed lighting in non-living space (i.e., closets, garages, utility rooms, or storerooms) shall accept fluorescent bulbs. This use would not be included in the Title 24 compliance package for the home, it would be included as an additional conservation measure. All homes should initially be outfitted with fluorescent bulbs where appropriate. This shall be a condition of final map approval and verified before issuance of the occupancy permit. (MM 4.11-3(b), 1996) (MM 17.3, 1992) 193. Consider the inclusion of solar hot water heaters, high efficiency gas water heaters and/or high efficiency furnace to reduce the energy budget goal by a minimum of 7 percent for 100 percent of the homes in the planning area. Alternative measures to achieve the 5 percent overall reduction should receive equal consideration. Inclusion of these measures would not be part of Title 24 compliance, but rather an additional conservation measure. (MM 4.11- 3(c), 1996) (MM 17.4, 1992) 7). 29 194. Provide all new homeowners with a copy of Home Energy Manual (California Energy Commission 1992a), as currently required by the Energy Standards. The manual provides useful information to homeowners on a wide variety of energy-conserving features, designs, appliances, and practices. This pamphlet should be provided in the home as any other home/appliance warranty documentation. Compliance should be verified by the County before issuance of an occupancy permit. (MM 4.11-3(d), 1996) (MM 17.6, 1992) 195. The developers shall provide, within the garage area of all new homes, a separate electrical circuit for charging of electrical-powered vehicles. This outlet shall be indicated on the construction plans for the proposed residences. (MM 4.11-3(e), 1996) 196. If gas stations are a part of the commercial center they shall provide refueling service station for alternative fuels, including compressed natural gas, within the planned community. (MM 4.11-3(f), 1996). 197. Each tentative map for residential development over 10 units shall, when feasible, incorporate design features, such as protection of solar access and orientation pf structures, to reduce heating and cooling requirements. (MM 17.1, 1992) Archaeolozical/Cultural Resources The following conditions require compliance throughout construction activities for this phase of Dougherty Valley. 198. The project proponents and the County shall modify activities and immediately stop all work and inform the County Corri nunity Development Department if buried cultural resources are discovered and, if necessary, Condition of Approval 4200. (MM 12.5, 1992) 199. If the find is determined to be important by the County, the project proponents shall develop a detailed mitigation plan that includes procedures for resource recovery, avoidance and preservation, or restoration. (MM 12.6, 1992) 200. Personnel for the Gale Ranch II that are involved in earth moving (grading, underground utilities, trenching, etc.) shall be altered to the possibility and instructed to stop work in the general area in the event a bone of any kind, any darker than the surrounding soil, fire altered rock, or concentration of historic artifacts is encountered, until an archaeologist can examine the find. (MM 4.13-1(a), 1996) 201. FOrnulate and implement an archaeological monitoring program for cultural resources. This program shall require the presence of an archaeological monitor in all areas considered archaeologically sensitive and their immediately adjacent areas. They would keep a daily lot, collect samples and be empowered to temporarily halt or redirect work so that possible finds may be examined. In the event potentially important resources are encountered, work would cease or be relocated in that area until the find can be more carefully examined and 30 evaluated by the monitor and/or supervising archaeologist. Where warranted, appropriate testing and evaluation and/or mitigation measures would be formulated and implemented: (MM 4.13-1(a), 1996) Such an archaeological monitoring program would be applied to: (a) appropriate areas of construction(i.e., keyways, constructed near creek corridors); (b) significant preconstruction activities such as geological or soils trenching; (c) hazardous materials remediation; (d) creek bank stabilization or retaining wall trenching; and (e) demolition of historic buildings, tree removal programs, etc. A possible alternative to monitoring during construction would be a pre-construction survey or sensitive areas by the archaeologist for the project. If such exploration (consisting of logging test pits) discovered no evidence of significant artifacts,_the need for archaeologic monitors during grading could be avoided. (MM 4.13-2(b), 1996) 202. In the event a human burial or disarticulated human remains are encountered, work would stop or be relocated in the area of the find. The archaeological monitor(s) would notify the Contra Costa County Coroner's Office of the find. If the find is prehistoric in origin, the Coroner's Office would notify the Native American Heritage.Commission in Sacramento of the find. The Native American Heritage Commission would identify the "Most Likely Descendant" or "MLD". The MLD in consultation with the archaeologist and project sponsors would formulate appropriate treatment plans for the find. (MM 4.13-1(c), 1996) 203. Appropriate samples shall be collected during monitoring, testing, and mitigation procedures I-:- along with full written and photographic documentation. An appropriate professional level program of cataloging, analyses and interpretation of artifacts, samples and other data should be formulated and undertaken as part of all testing/evaluative and mitigative procedures. The documentation and evaluation work may require studies and/or testing of samples or artifacts by outside experts or consultants. (MM 4.13-1(d), 1996): Visual Quality The following measures require compliance prior to issuance of a grading permit unless otherwise noted. 204. The project proponents shall replant all graded areas, using native species and native regional vegetation patterns. These areas shall be identified on the erosion control plans. (MM 15.3, 1992) 205. The project proponents shall design grading to emulate natural land forms in the immediate vicinity of the graded area. All manufactured slope edges shall be rounded and slope percentages varied to create undulating cut-and-fill slopes. Slopes shall average 3:1 horizontal-to-vertical with no cut slope exceeding 2:1 and no fill slope exceeding 3:1. (MM 152, 1992) 31 206. The project proponents propose to dedicate the remaining open space areas to a qualified agency or organization to be conserved and managed to maintain remaining open space values in perpetuity. (MM 15.4, 1992) 207. The project proponents shall ensure that residential and commercial development and other facilities are screen with berms and native vegetation where these features will be visible from entrances into the planning area, recreation areas and features (e.g., trails), and scenic features (e.g., scenic routes and important viewing locations). Compliance with this condition shall be demonstrated on the revised landscape plans submitted for review and approval to the County Zoning Administrator. (TAM 1.5.5, 1992) 208. The project proponents shall restore native habitat types .in key areas within the scenic corridor. (MM 15.6, 1992) 209. The project proponents shall set back all houses, garages, storage units, and other structures of more'than 6-feet in height a minimum of 25-feet from the center of the rounded edge of cut or fill slopes where the structures are to be located above the slope. (MM 15.9, 1992) This condition of approval has been complied with through the adoption of the Dougherty Valley Community Design Handbook. 210. The project proponents shall limit the height of all structures to 30-feet or less for all housing and cormnercial development on hillsides and'terraces and 15-feet or less for areas between - 25 and 40-feet from the center of the rounded edge of cut or fill slopes where the structures are to be located above the slope. (MM 15.10, 1992) This condition of approval has been complied with through the adoption of the Community Design Handbook. 211. The project proponents shall ensure that no buildings or structures interrupt the continuous, unbroken ridge lines within the planning area when viewed from gateway areas, recreation areas, recreation features, residences, or other important on-site or off-site locations. (MM 5.11, 1992) 212. The project proponents shall design erosion control and drainage features to conform with the natural topography, vegetative patterns, and colors of the area. The project proponents shall screen these features with berms and native vegetation. These measures shall be indicated on the final grading plan. (MM 15.12, 1992) 213. The project proponents shall site facilities in areas of low visual sensitivity, below ridge lines, so that they do not interrupt the continuous, unbroken lines of ridge tops when viewed from important locations both on-site and off-site. (MM 15.1'), 1992) 214. The project proponents in conjunction with the appropriate utility provider shall site facilities, such as water storage tanks, by minimizing sidewall exposure through methods such as full or partial burial, constructing berms, planting native vegetative screens, and using earthtone colors that blend closely with the natural surroundings. (MM 15.14, 1992) 32 215. The project proponents in conjunction with the appropriate utility providers shall minimize visibility and visual impacts of access and maintenance roads by minimizing sidecast and cut-and-fill requirements, revegetating disturbed areas with native vegetation, siting roads and varying their width to fit the natural topography, designing road portions located high on hillsides to be 4% out sloping with rolling dips and road portions located low on hillsides to be in sloping with ditches and culverts, and surfacing roads with dense, graded, crushed aggregate. (MM 15.15, 1992) 216. The project proponents should provide a setback for all roads in creek corridors and establish and maintain a native vegetation buffer in the setback area between the creek and road. Tile setback wiil vary in width depending on creek"size and depth based on guidelines contained in the DVSP. (MM 15.17, 1992) 217. Where feasible, the project proponents shall retain and replant existing natural drainages with native vegetation. (NIM 15.18, 1992) 218. The project proponents shall maintain existing drainage ways above ground where feasible (i.e., use bridges at all street crossings of major drainages and place culverts only at minor road crossings over minor drainages and only for the minimum required crossing distance). (MM 5.20, 1992) 219. The project proponents shall establish a native vegetation buffer of a minimum width of 50- feet between creek center lines and recreation features for Alamo Creek and the west branch of Alamo Creek. This feature shall be incorporated on the final landscape plans submitted prior the filing the first final map. (MM 15.21, 1992) 220. The project proponents shall stabilize creek banks and make other improvements in recreation areas using only natural-appearing construction materials (e.g., timber, rocks, and textured, earth-tone concrete) and native vegetation, where feasible. (MM 15. 23, 1992) 221. The project proponents shall site-recreation trails and other similar features along one bank of the creek corridor and retain the other in a more natural condition. The trail plans shall be incorporated into the revised landscape plans. (MM 15.24, 1992) 222. Where feasible, the project proponents shall locate fire roads in debris catchment basins on the tops of buttress fill areas. 223. The project proponents shall use low fencing of welded wire mesh or barbed wire stand no higher than necessary to control stock and domestic animal access. (MM 15.25, 1992) 224. The project proponents shall design storm water drainage and detention facilities to fit the area's natural landform patterns, colors and vegetation. (MM 15.26, 1992) 33 225. The project proponents shall use downward-oriented, high-pressure sodium lights and physical screening to minimize the visibility of lighting in concentrated night-lit areas. (MM 15.27, 1992) 226. Prior to filing the final map for the first final map, the applicant shall provide evidence that notice has been mailed to the property owners and tenants adjacent to the boundary of the planning area whose review will be impacted by new homes. The project proponents shall provide an informational brochure that fully discloses the anticipated visual iinpacts of their plans, which shall be distributed to interested individuals by the County. (MM 115.33, 1992) Commercial Center 227. Prior to issuance of a building permit for the commercial center, submit final architectural and color designs for review and approval of the County Zoning Administrator. 228. Prior to issuance of a building permit provide line-of-sight analysis demonstrating views of the commercial center to the adjacent residences. Additional landscaping may be required to adequately screen the views of the commercial center to the residences. 229. All loading dock activity shall be enclosed. 230. Hours of delivery of shopping center service vehicles/trucks shall be 7:00 A.M. to 8:00 P.M., Monday through Saturday. . " Public Works Conditions General Requirements: 23 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 October, 1995. 232. 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. 233. Several of the public-roadway improvements identified in the conditions of approval for this development are located in the City of San Ramon. For purposes of implementation of those public roadway improvements that are solely within the jurisdiction of the City of San Ramon, the City shall assume the role and responsibility of responsible agency. The City '-7. �. 510 P-7/ 34 of San Ramon will be assigned primary responsibility and authority for the design, phasing, and implementation of those public roadway improvements identified as Conditions of Approval for this project that are solely within the City's jurisdiction. To fund those public roadway improvements in the City of San Ramon, as specified in these Conditions of Approval, the County will collect traffic impact fees in amounts specified in the Southern Contra Costa Joint Exercise of Powers Agreement between the City, Town of Danville, and the County. These fees will be collected by the County pursuant to the Agreement and this condition of approval, and shall be transferred to the City of San Ramon on a quarterly basis. 234. Several of the public roadway improvements identified in the conditions of approval for this development are located in the Town of Danville. For purposes of implementation of those public roadway improvements that are solely within the jurisdiction of the Town of Danville, the Town shall assume the role and responsibility of responsible agency. The Town of Danville will be assigned primary responsibility and authority for the design, phasing, and implementation of those public roadway improvements identified as Conditions of Approval for this project that are solely within the Town's jurisdiction. To fund those public roadway improvements in the Town of Danville, as specified in these Conditions of Approval, the County will collect traffic impact fees in amounts specified in the Southern Contra Costa Joint Exercise of Powers Agreement between the Town.of Danville, City of San Ramon, and the County. These fees will be collected by the County pursuant to the Agreement and this condition of approval, and shall be transferred to the Town of Danville on a quarterly basis. 235. The timing of project construction is determined by Measure C, the Settlement Agreement,- and these conditions of approval. If.the responsible agency has not collected sufficient developer fees to fund an improvement when it is needed, then the developer must fund the difference or construct the improvement to ensure the improvement is built on time. The developer and the responsible agency would then enter into a reimbursement agreement to reimburse the developer the eligible construction costs that were advanced to build the project, pursuant to the Southern Contra Costa JEPA. Alternatively, the applicant may construct the necessary improvement, subject to the approval of the underlying jurisdiction. 236. Unless otherwise noted, "EIR" refers to the Draft Subsequent Environmental Impact Report for Windernere-Phase I and for Gale Ranch-Phase lI, 1996. 35 Roadway Improvements (Frontage/On-Site): 237. Applicant shall construct Bollinger Canyon Road through the proposed subdivision site with the first Final Map. Bollinger Canyon Road shall consist of two 34-foot (curb to curb)half-. widths separated by a 101-foot median (for a future light rail corridor). These improvements shall extend from the existing Bollinger Canyon Road improvements to the west (Country Club at Gale Ranch) to the Windemere property to the east. 238. Install conduit for interconnection of traffic signals along Bollinger Canyon Road, and connect signals ,for-`synchronized operation where feasible, subject to the review and approval of the Public Works Department. 239. Extended a collector road (with no fronting homes) from Monarch Road into the future Windemere subdivision to the east. Japonica Way could be modified and extended to meet this requirement. If this development extends the collector road (such as Japonica Way prior to the construction of the fiiture road across the creek on the Windemere property, the applicant shall submit to the Public Works Department for review and approval a cost estimate for a creek crossing for the future Japonica Way extension. The applicant shall contribute an amount equal to one-half the cost of the creek crossing to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for the construction of the-crossing. The future subdivision to the east will be conditioned to use these funds to construct the crossing. . If this development extends Japonica Way after the Windemere subdivision has built its -' extension to the creek, the applicant shall construct the creek crossing to connect with the existing road. Prior to filing the Final Map containing any lots east of the north/south portion of Monarch Road, the applicant shall work with the Department of Fish & Game and Public Works to determine the best location for the creek crossing. If the location of the creek crossing determined by the Department of Fish & Game is different from the extension of Japonica Way, and it requires a modification of the site plan in the area, then the applicant shall submit a revised site plan to the Public Works Department for review and Zoning Administrator for review and approval. If Japonica Way is the road to be extended to the creek, then it shall be modified to conform to collector road standards. The portion of Cypresshawk Road that lies between Monarch Roadand Japonica Way shall also be modified to conform to collector road standards. No homes shall front along this portion of Cypresshawk Road or Japonica Way. 240. If the collector road (such as Japonica Way) extension across the creek is not constructed Nvith this project, the applicant shall provide deed notification to those parcels that abut the collector road (japonica Way) that the road is to be extended in the future. The applicant shall install signage at the end of the collector road (Japonica Way) to inform prospective property owners that it will be extended in the future. �.ted- b�al 36 241. With the exception of the private roads that service the multiple-family units, construct the on-site road system to County public road standards and in accordance with standard engineering practices, and convey to the County, by Offer of Dedication, the corresponding right of way. Engineering for on-site roadways shall include a requirement for a geotechnical report for the soil condition within road alignments. The roadway improvement plans shall include a statement that the design is in accordance with the recommendations of the geotechnical report and shall be signed by a geotechnical engineer. 242. On-site roadway widths and cross sections shall be as shown on the Tentative Map. 243. Applicant shall reconstruct Dougherty Road from Bollinger Canyon Road to end of the improved road at the northerly project boundary (San Ramon City Limits) with the first Final Map. The reconstructed width of Dougherty Road shall be as shown on the Tentative Map, except that in the vicinity of the intersection with Bollinger Canyon Road, the road shall be widened to accommodate dual left-turn lanes. 244. Applicant shall extend Tamerisk Drive southerly to connect with existing Dougherty Road with the first Final Map south of Bollinger Canyon Road, subject to review and approval of the Public Works Department. 245. Provide right of way for dual left-turn lanes on all intersections with Bollinger Canyon Road. The ultimate right of way at each intersection shall be determined prior to the filing of the Final Map that contains that intersection. 246. The applicant shall contribute $203 for per unit to a Road Improvement Fee Trust (Fund No. 8192) designated for the improvement of the existing Dougherty Road. Any unit whose building permit is issued after the closure of Dougherty Road shall be exempt from this fee. If, after the closure of Dougherty Road, there are funds remaining in the Trust Account, the balance of the funds will be split among the contributors to the fund in proportion to their total contributions. EIR Mitigation Measures 247. This project shall comply with the mitigation measures set forth in the project environmental impact report. Conformance with the EIR includes the following: A. Contribute this development's fair share toward the cost of improving the intersection of Dublin Road with Dougherty Road as follows: 1) Northbound approach: provide two exclusive left-turn lanes, one shared through-left lane, two exclusive through lanes, and one exclusive right- turn lane. 37 2) Southbound approach: widen Dougherty Road to provide one left-turn lane, three through lanes, and one right-turn only lane. 3) Eastbound approach: Widen Dublin Road to include one left-turn lane, two through lanes, and two right-turn only lanes. 4) Westbound approach: Widen Dublin Road to include two left-turn lanes, two through lanes and one right-turn only lane. Compliance with this measure shall be satisfied by paying the Dublin-Contra• Costa Mitigation Fee (DCC Fee). The DCC Fee will be collected at building permit. (EIR Mitigation Measure 4.6-2) B. Applicant shall install traffic signal at the intersection of Bollinger Canyon Road and Tamerisk Drive with the first Final Map south of Bollinger Canyon Road. In addition, install the following improvements at the intersection: 1) Eastbound Bollinger Canyon Road: Install a right-turn lane. 2) Northbound Tamerisk Drive: Provide dual left turn lanes. l (EIR Mitigation Measure 4.6-3 & 4.6-8) C. The applicant shall ensure.that approximately 80 percent of the housing in the development shall be located within one quarter mile of a designated transit route, consistent with Dougherty Valley Specific Plan Policy C-5 and the collector road system in Figure 8 of the Specific Plan. (EIR Mitigation Measure 4.6-5) D. Prior to submitting improvement plans for the Bollinger Canyon Road Extension, provide a traffic circulation analysis and sketch plan to the Public Works Department for review and approval to ensure that all permanent improvements will function efficiently and cost-effectively in both the interim configuration (without light raft) and the future configuration (with light rail). (EIR Mitigation Measure 4.6-7) 38 E. Conduct a traffic signal warrant analysis for each intersection Bollinger Canyon Road prior to filing of the Final Map for each phase of the development. . If an intersection warrants a traffic signal, the applicant shall bond the signal prior to the filing of the Final Map, and install the signal prior to issuance of building permits for that phase. In any event, construct signals at the following Bollinger Canyon Road intersections prior to issuance of building permits for the phase that contains them: 1) Existing Dougherty Road 2) Dougherty Road 3) Silvervine Drive/Tamerisk Drive, and 4) Monarch Road/South Monarch Road. (EIR Mitigation Measure 4.6-8) F. Applicant shall provide deed notification to those parcels within one quarter of a mile from the proposed mass transit corridor (Bollinger Canyon Road) and install signage along the corridor to inform prospective property owners that the corridor is being reserved for the future operation of a mass transit system. For apartment units, the deed notification shall inform prospective property owners that future rental agreements on the subject property are required to include the same notification to prospective tenants. (EIR Mitigation Measure 4.6-9) G. Final design of the circulation system adjacent to planned high school and middle school sites shall provide for unobstructed pedestrian and bicycle access between the bus stop and the planned school sites. (EIR Mitigation Measure 4.6-12(c)) H. Designate bicycle and pedestrian routes to the bus stops within the development. Provide.bicycle and pedestrian paths between cul-de-sacs and streets as necessary to assure that approximately 80 percent of the residents within the project area are within one-quarter mile walking distance from a bus route. In addition, provide a signing plan for the bicycle paths, subject to the review of the Public Works Department and the review and approval of the Zoning Administrator, and install signs as approved. 39 (EIR Mitigation Measure 4.6-12(d)) I. Provide Park and Ride lots in conformance with the Dougherty Valley Specific Plan, including a facility with a minimum of 100 parking spaces in the vicinity of the Dougherty Road/ Bollinger Canyon Road intersection. The Zoning Administrator will review the need for the facility with each phase of the project and will require its construction when needed. (EIR Mitigation Measure 4.6-13) J. Coordinate with LAVTA, CCCTA and BART to implement single-occupant vehicle trip reduction throughout the development. Measures to reduce the number of single-occupant trips may include preferential parking for carpools at All public facilities, installation of bicycle storage facilities, and provisions for telecommuting facilities. Parking facilities for school sites and office facilities shall incorporate provisions for preferential parking for carpools and bicyclists. (EIR Mitigation Measure 4.6-14) K. NOTE: EIR Mitigation Measures 4.6-15(a) through 4.6-15(y) are to be funded by the Southern Contra Costa Joint Exercise of Powers Agreement (SCC JEPA)Fees. The SCC JEPA has been executed by the City, Town and County to establish a fee mechanism to finance the construction of mitigation projects for Dougherty Valley and other area developments. Payment of the SCC JEPA fee shall constitute this development's fair share contribution toward all regional and subregional projects listed in the SCC JEPA. The improvements that require the applicant's contributions are as follows: 1) Camino Tassajara/Crow Canyon Road/Blackhawk Road intersection improvements. Within existing curb-to-curb pavement section, reconfigure NB approach (Crow Canyon Road) to provide two left-turn lanes, one exclusive through lane, one shared through/right-turn lane, and one exclusive right-turn lane. On Tassajara Ranch Drive, remove median and add bike lanes. (Settlement Agreement Exhibit C-1.1, EIR Mitigation Measure 4.6-1.5 (a)) 2) Sycamore Valley Road/I-680 NB on-ramp/Camino Ramon intersection improvements. Reconfigure WB approach (Sycamore Valley Road) to provide one exclusive left-turn lane,-one exclusive through lane, one shared through/right turn lane, and one exclusive right-turn lane. (Settlement Agreement Exhibit C-12, EIR Mitigation Measure 4.6-15(b)) „. ,...y. 40 3) Crow Canyon Road/Dougherty Roadintersection improvements. Reconfigure EB approach (Crow Canyon Road) to provide three exclusive through lanes, and one "free” right-turn lane to SB Dougherty Road. Reconstruct SB Dougherty Road, south of Crow Canyon Road, to provide dedicated curb lane to accept right-turns from EB Crow Canyon Road. (Settlement Agreement Exhibit C-1.3, EIR Mitigation Measure 4.6-15(c)) 4) Bollinger Canyon Road/Camino Ramon intersection improvements. If needed, reconfigure SB approach (Camino Ramon) to provide two exclusive left-turn lanes, one shared through/right turn lane, and one exclusive right- turn lane. (Settlement Agreement Exhibit C-1.4, EIR Mitigation Measure 4.6-15(d)) 5) Bollinger Canyon Road/Alcosta Boulevard intersection improvements. Reconfigure EB approach(Bollinger Canyon Road) to provide one exclusive left-turn lane, three exclusive through lanes, and one exclusive right turn lane. Reconfigure WB approach (Bollinger Canyon Rd) to provide one exclusive left-turn lane, three exclusive through lanes and one exclusive right-turn lane. Reconfigure SB approach(Alcosta Boulevard) to provide one exclusive left-turn lane, two exclusive through lanes, and one exclusive right- turn lane. Widen Bollinger Canyon Road in an easterly direction for a sufficient distance to allow adequate tapers for the additional lanes on the westbound approach and for the merge from three lanes to the existing two lanes in the eastbound direction. (Settlement Agreement Exhibit C-1.5, EIR Mitigation Measure 4.6-15(e)) 6) Dougherty Road, re-alignment and construction of a six lane facility between the northerly project limits and Crow Canyon Road. (Settlement Agreement Exhibit C-1.6, EIR Mitigation Measure 4.6-15(f)) 7) Windemere Parkway, construct a new four-lane, divided arterial facility between the project limits and Camino Tassajara. (EIR Mitigation Measure 4.6-15(g)) 8) Windeniere Parkway/Camino Tassajara Road intersection improvements, provide left turn channelization, a four phase traffic signal, and tapers on Camino T.assajara to transition from six to four lanes north of the intersection. Cha_-Y10 83� 41 (Settlement Agreement Exhibit C-1.8, EIR Mitigation Measure 4.6-15(h)) 9) Crow Canyon Road, widen to six lanes between Dougherty Road and Tassajara Ranch Road. (Settlement Agreement Exhibit C-1.9, EIR Mitigation Measure 4.6-15(I)) 10) Crow Canyon Road,widen from 4 to 6 lanes from Alcosta Boulevard to Dougherty Road. (Settlement Agreement Exhibit C-1.10, EIR Mitigation Measure 4.6-150)) 11) Dougherty Road, widen to 6 lanes from southerly limits of development to Old Ranch Road. Intersection improvements at the Dougherty Road/Old Ranch Road intersection are included and consist of a traffic signal, left turn pockets, and right-turn pockets. (Settlement Agreement Exhibit C-1.1 1, EIR Mitigation Measure 4.6-15(k)) 12) Dougherty Road, widen to 6 lanes from Old Ranch Road to the County line. (Settlement Agreement Exhibit C-1.12, EIR Mitigation Measure 4.6-15(1)) 13) Dougherty Road/Old Ranch Road, intersection improvements to accommodate four lanes on. Old Ranch Road and six lanes on Dougherty Road, with left turn and right turn channelization. Install a traffic signal. (Settlement Agreement Exhibit C-1.1.3, EIR Mitigation Measure 4.6-15(m)) 14) Alcosta Boulevard/Old Ranch Road intersection improvements (Currently controlled by a three-way stop sign). Install a traffic signal. (Settlement Agreement Exhibit C-1.14 EIR Mitigation Measure 4.6-15(n)) 15) Bollinger Canyon Road, construct eight lanes from I-680 to Alcosta Boulevard. (Settlement Agreement Exhibit C-2.1, EIR Mitigation Measure 4.6-15(o)) 16) Camino Tassajara Road, widen from two to six lanes between Windemere Parkway and the County line. (Settlement Agreement Exhibit C-2.1, EIR Mitigation Measure 4.6-15(p)) 42 17) Camino Tass,jai—a/Sycamore Valley Road intersection improvements, widen/restripe SB leg for one left-turn/right-turn lane and one left-turn lane. (Settlement Agreement Exhibit C-2.1, EIR Mitigation Measure 4.6-15(q)) 18) Crow Canyon Road, widen from 6 to 8 Ianes-from I-680 to Alcosta Boulevard. (Settlement Agreement Exhibit C-2.1, EIR Mitigation Measure 4.6-15(r)) 19) I-680 northbound off-ramp/Bollinger Canyon Road intersection. On northbound leg, widen right-turn radius, construct raised island to convert curb right-turn lane to a free right-turn lane, restripe second right-turn lane to stay under signal control, and modify signal control. (Settlement Agreement Exhibit C-2.1, EIR Mitigation Measure 4.6-15(s)) 20) Alcosta Boulevard/Crow Canyon Rodd intersection improvements. Add one exclusive right turn eastbound. (Settlement Agreement Exhibit C-2.1, EIR Mitigation Measure 4.6-15(t)) 21) Alcosta Boulevard/Crow Canyon:Road intersection improvements. Add one northbound exclusive right-turn lane. (Settlement Agreement Exhibit C-2.1, EIR Mitigation Measure 4.6-15(u)) 22) Camino Ramon/Crow Canyon Road intersection improvements. Widen/restripe the southbound approach to one right-turn, one through, and one left-turn lane; add an eastbound exclusive right-turn lane. (Settlement Agreement Exhibit C-2.1, EIR Mitigation Measure 4.6-15(v)) 23) Crow Canyon Road/I-680 NB off-ramp intersection improvements. Intersection will be congested due to queues from adjacent intersections. Add another right-turn lane on the northbound off-ramp. (Settlement Agreement Exhibit C-2.1,, EIR Mitigation Measure 4.6-15(w)) 24) I-680 southbound ramps/Crow Canyon Road. Restripe to revise existing right-turn lane to provide shared right-turn/left-turn lane. (Settlement Agreement Exhibit C-2.1, EIR Mitigation Measure 4.6-15(x)) 43 25) Bollinger. Canyon Road/Sunset Drive intersection improvements. If needed, reconfigure the southbound approach (Sunset Drive) to provide one exclusive left-turn lane, one exclusive through lane, and one "free" right-turn lane to westbound Bollinger Canyon Road. Widen Bollinger Canyon Road west of Sunset Drive to provide a dedicated curb lane to accept right turns from southbound Sunset Drive. (Settlement Agreement Exhibit C-2.1, EIR Mitigation Measure 4.6-15(y)) _ L , The,.projects on the SCC JEPA project list are to be constructed by the underlying jurisdiction when needed, if funding; generated by the SCC JEPA fee is available. If sufficient funding for a project has not been collected by the time the project is deemed necessary by the governing environmental impact report, the applicant shall construct the project as a part of the development. and enter into a reimbursement agreement with the underlying jurisdiction, pursuant to Section 17 of the SCC JEPA. The SCC JEPA project listed below has been identified by the EIR as necessary with this phase of the development. Accordingly, the City of San Ramon shall construct this project as apart of this phase of the development. The timing of the construction of the improvement shall be determined by the City and County through the CIP process outlined in the SCC JEPA, prior to the filing of the first Final Map. If the City has not collected sufficient SCC JEPA funds to construct the project prior to the filing of the Final Map for the phase that triggers the need for the improvement, the applicant shall post a bond for its construction prior to the filing of-the Final Map and build the improvement subject to possible credit or reimbursement of the SCC JEPA fees in accordance with the terms of the JEPA document. The identified project is described as follows: 1)_ Improve the intersection of Bollinger Canyon Road with Alcosta Boulevard as follows: a. On Bollinger Canyon Road, reconfigure the eastbound and westbound approaches to provide one exclusive left-turn lane, three exclusive through lanes, and one exclusive right-turn lane, with corresponding lanes on the opposite side of the intersection to accept traffic from each through lane. Transitions beyond the intersection, both eastbound and westbound, shall be subject to the review and approval of the City of San Rai-non. 44 b. On Alcosta Boulevard, widen the intersection approaches to provide dual left-turn lanes, two through lanes, and an exclusive right-turn only lane. (EIR Mitigation Measures 4-6.1 and 4-6.15(e)) Road Alignment (Horizontal and Vertical Sight Distance/Grades): 248. In accordance with CALTRANS standards provide for adequate sight distance at all internal public intersections for a design speed of 30:r,iles per:hour. 249. In accordance with CALTRANS standards provide for adequate sight distance at the subdivision access intersections with Bollinger Canyon Road for a design speed of 55 miles per hour. Private Roads (Multi-family): 250. Applicant shall construct to county private road standards a minimum 28-foot paved private roadway as shown on the tentative map to serve all multiple-family units in the proposed subdivision. Road Dedications: 251. The applicant shall convey by Offer of Dedication a minimum of 197 feet of right of way on Bollinger Canyon Road through the proposed project with sufficient additional right of way at all intersections for future dual left-turn lanes and right turn pockets as needed. 252. The applicant shall convey by Offer of Dedication for sufficient right of way to extend as a collector road (such as Japonica Way) from the terminus proposed on the tentative map to the easterly (Windemere) property line. The right of way shall allow for a feasible crossing at Alamo Creek, subject to thereview and approval of the Public Works Department. Street Lights: 253. Street lights shall be installed on all internal public streets and along the project frontage and the property annexed to County Service Area M-29 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. 45 Landscaping: 254. Permanent landscaping and automatic irrigation facilities shall be installed within the parkway and median areas, and interim landscaping features shall be installed within the future road and transit areas. All work shall be done in accordance with the guidelines and standards of the County. Funding of, and maintenance of, the new plantings shall be guaranteed by the developer until the plants have been established. The plants shall be maintained for 90 days after installation. A County Service Area (CSA M-29 Dougherty Valley) has been formed to fund the maintenance of the landscaping after the plants have been established. 255. Prior to filing the final map, two sets of landscape and irrigation plans and cost estimates, prepared by a licensed landscape architect, shall be submitted to the Special District Section of the Public Works Department for review. Plan submittal shall include plan review and inspection fees. Types and size of plant and irrigation materials within the public right of way shall be designed using standards provided by the Grounds Service Manager of the General Services Department. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their maintenance by the County after final inspection is cleared. Bicycle - Pedestrian Facilities: 256. The design of community facilities, such as schools or a community park, shall provide for and encourage the use of bicycles. At a minimum this shall include bicycle racks and bicycle lockers. 257. All trail crossings of public roads shall be designed for proper stopping sight distance and signed subject to the review and approval of the Public Works Department, Engineering Services Division. 258. 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. Transit: 259. Prior to filing of the Final Map for each phase, submit to the County an analysis of the proposed bus stop locations identified on Table 4.6-7 of the EIR (listed below) that lie within the proposed phase. Provide bus stop turnouts and improvements at all bus stop locations that are identified as needed. . Construct and/or contribute an amount equivalent to the cost of shelters, benches, and kiosks to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for these proposed bus stop improvements. The County or developer will coordinate with the CCC Transit Authority to construct these facilities as they are needed. 46 The current proposal for bus stop locations is as follows: A. Bollinger Canyon Road, north side (westbound) 1) intersection at Dougherty(east side) 2) mid-block at 10.7-acre retail commercial site* 3) intersection at Silvervine Drive(west side) 4) mid-block between Silvervine Drive and Briar Oaks Drive 5) 1,000-foot east of Briar Oaks Drive* 6) planned.pedesttrian,path 1.,200-foot west of Monarch Road 7) intersection at Monarch Road (west side) .8) planned pedestrian path from Asterbell Place 9) 750 feet west of Blueheart Drive 10) intersection at Blueheart Drive (west side) B. Bollinger Canyon Road, south side (eastbound) 1) 750 feet east of Dougherty* 2) intersection at Tamerisk(east side) 3) 600 feet east of Tamerisk 4) center of planned greenbelt park-ride lot* 5) intersection of Cedarbell Road at Jensen Way to Bollinger Canyon 6) intersection of Wineberry Place at Jensen Way to Bollinger Canyon 7) 'intersection at Lupin Way (east side) 8) mid-block between Lupin Way and South Monarch Road 9) Intersection at South Monarch Road (west side) The County will work with CCCTA to finalize the number.and location of the bus stops needed. * designates a n7ajor bus stop. (EIR Mitigation Measure 4.6-12(a)) 260. The applicant shall work with the transit providers in the area to provide, at a minimum, express bus service from the Dougherty Valley to the Dublin BART Station. A report shall be submitted to the Public Works Department for review, and to the Zoning Administrator for review and approval at the 1,000th building permit and 1,800th building permit that will outline the efforts and achievements the applicant has made in satisfying this condition to date. (Dougherty Valley Specific Plan FEIR, Mitigation Measures 6.5a & 7.15; EIR Mitigation Measure 4.6-14) 47 Utilities/Undergrounding: 261. All utility distribution facilities shall be installed underground, including the existing overhead distribution facilities along the frontage of Bollinger Canyon Road, if any. Maintenance of Facilities: 262. Prior to filing the first final map the applicant shall provide a list of facilities proposed to be maintained by either a public or private entity. This list shall be subject to the review of the Public Works Department, Engineering:Services Division, the Flood Control District and the review and approval of the Zoning Administrator. 263. Applicant shall establish convents, conditions and restrictions for the development that define all private creek improvements and private storm drainage facilities within the development that are to be maintained by the property owner(s) within the development. Alternatively, CSA M-29 may assume maintenance responsibilities. Soundwalls: 264. A soundwall shall be constructed adjacent to,but outside of, the right of way along Bollinger Canyon Road within the project limits. The soundwall shall be designed to attenuate the noise from the road.based upon the traffic levels at specific plan buildout and upon the ultimate width and alignment of the road. The construction of the soundwall will be bonded with the project road improvements. The soundwall shall be constructed of solid masonry type material. Design of the soundwall shall be subject to the review and approval of the Zoning Administrator. Drainage Improvements: 265. 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. 266. 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 Department and the Flood Control District. (1992 EIR-Mitigation Measures lb and 6) 267. Storm drainage originating on the property and conveyed in a concentrated manner shall be prevented from draining across the side�valb:s and driveways. 48 268. The applicant shall install within a dedicated drainage easement any portion of the drainage system which conveys run-off from the public streets. 269. The applicant must obtain all drainage related permits as required prior to issuance of the grading permit which may include: County Drainage Permit, Fish and Game Permit, Army Corps Permit, and Regional Water Quality Control Board Permit. 270. , If dual use is proposed within the storm drain infrastructure, it must be compatible with the primary use of flood control and meet the approval of CCCFC&WCD. If dual use is proposed, there must be a license agreement for said dual use signed prior to filing of the final map. 271. Applicant shall submit a drainage study, subject to the review and approval of the CCCFC&WCD, which includes analysis of existing, interim, and ultimate conditions. The analysis shall demonstrate the behavior of the watershed as a result of the proposed flood control infrastructure in a detailed manner, reflective of final design. Tile study shall demonstrate the adequacy of proposed mitigation measures to address impacts to watercourses within the project and downstream of the project. 272. Flood Control infrastructure shall incorporate features to avoid long-ponding stagnant water that could become a source of odors, mosquitoes and hazard to public health. (Mitigation Measure 4.4-1d and 4.4-3) Detention Basins: 273. The applicant shall reduce post-development flows to predicted pre-development flow levels at the downstream project boundary and at the County line. The project shall under no circumstances result in a peak flow rate in Alamo Creek at the County Line, greater than the flow restriction of 4,670 cfs when considering ultimate development of the watershed. This flow limit was agreed upon by Alameda and Contra Costa Counties. The applicant must mitigate the increase in peak flow rates by constructing an on-site detention basin(s). (1992 EIR-Mitigation Measures 1 a and 5) The applicant must comply with the following with regards to construction and operation of the on-site detention basin: A. The design of the basin(s) shall comply with the District's detention basin guidelines to include provisions for a perimeter service road and two feet of freeboard between the maximum 100 year water surface elevation and the lowest point along the top of bank. The basin design must comply with District standards for operation and maintenance. (Mitigation Measure 4.4-1a) 49 B. Detention basin design and analysis shall be submitted to Alameda County Flood Control District, Zone 7, for review and comment and to the CCCFC&WCD for review and approval. C. Detention basin(s) shall be sized, subject to CCCFC&WCD review, to provide adequate volume for the accumulation of sediment. D. Detention basin(s) shall be provided with the first phase of construction. Basins may be phased, so that the volurne provided is adequate to mitigate the runoff effects of ..the developed areas of the project. (Mitigation Measure 4.4-1c) E. Develop and 'implement a plan for basin maintenance so that adequate, continual flood protection is provided to include maintenance of embankments, inlet and outlet structures, perform weed abatement, and clear sediment, trash and other pollutants The plan shall outline who will maintain the basin(s) and indicate a reliable, perpetual funding mechanism to meet the satisfaction of the CCCFC&WCD. The Flood Control District would not be adverse to maintaining the proposed basin(s) provided that: (1) basins conform to District's standards, (2) adequate funding is provided, (3) dual use is covered by a joint use or license agreement, and (4) capacity exceeds 15 ac-ft. (EIR Mitigation Measure 4.4-1a and b) F. The ernergency spillway shall be designed with the capacity to pass the 100 year peak flow rate. Roads or pedestrian trails are not adequate to serve as an emergency spillway. 274. Basin design shall include installation of fencing and/or signing around the entire basin site, around inlet and outfall structures, and around any open channel section. If the detention basin incorporates recreational use within the flow area of the basin, 48" high chain link fencing shall be installed at the discretion of the CCCFC & WCD with gate access to eliminate public access during significant storm events. Trash rack(s) shall be designed to prevent access to the outfall structure. (Mitigation Measure 4.4-4) 275. Because the proposed detention basin capacity exceeds 50 acre-feet, the basin shall comply with the standards of the California Division of Dam Safety. 50 Federal Emergency Management Agency: 276. The applicant shall perform a detailed floodplain (HEC-II) analysis of the West Branch of Alamo Creek within the project area to, assure 100 year flood protection. If significant alterations to the flood plain are proposed by the applicant or if the floodplain analysis suggests a significantly different floodplain than that published in the Federal Insurance Rate Maps issued by the Federal Emergency Management Agency (FEMA), the proponent must submit a letter for map revision to FEMA to reflect the anticipated flood plain. (1992 EIR-Mitigation Measure 2b) 277. The applicant should coordinate with the adjacent developer, contiguous with the Main Branch of Alamo Creek, to prepare a HEC-II analysis and possible submittal to FEMA, similar to the West Branch of Alamo Creek. (1992 EIR-Mitigation Measure 2b) Creek Bank Stability and Structure Setbacks: 278. The applicant shall relinquish "development rights" over the portion of the site that is within the structure setback area of the West Branch and Main Branch of Alamo Creek. The structure setback area shall be determined by using the criteria outlined in Chapter 914-14, "Rights of Way and Setbacks", of the Subdivision Ordinance. Development rights shall be conveyed to the County by grant deed. . 279. The applicant shall retain a licensed geotechnical engineer to perform a study which addresses slope stability, allowable creek velocity, and erosion control measures/mitigation for .watercourses within the project limits and address slope stability, levee protection/stability, draw-down effect, and liquefaction concerns for the proposed detention basin(s). 280. Disturbed areas within the creek corridor shall be hydro seeded or otherwise revegetated. (Mitigation Measure 4.4-2d) Storm Water Quality Requirements: 281. Applicant shall comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination Systems 282. Applicant shall obtain a General Construction Activity Storm water Permit. A Notice of Intent for this permit shall be submitted to Public Works. A .Storm Water Prevention Plan and monitoring program shall be required with this permit. 3� : 3 . 51 283. A. Applicant shall develop and incorporate long-term Best Management Practices (BMP's) in accordance with the Contra Costa County Clean Water Program for the site. Applicant shall develop a cohesive and comprehensive plan for the reduction or elimination of stormwater pollutants. This plan shall be submitted to the County Planning Commission for review and approval prior to filing the first Final Map or July 1, 1997, whichever comes first. B. Development and implementation of BMP's for this project may require the modification of the project site plan and/or the provision of additional road right of way beyond that which is required by conditions of approvals stated earlier.and/or the elimination of several lots. All BI Q's incorporated shall be subject to the review of Public Works and the review and approval of the Zoning Administrator. 284. Applicant shall submit a maintenance and monitoring plan including reasonable performance standards. This plan shall demonstrate a secure and perpetual funding source and maintenance entity that shall be responsible for maintenance of the clean water program and/or private drainage facilities. Construction Impact Mitigation: 285. Prior to the issuance of a grading permit or filing a final map, whichever comes first, the applicant shall submit to the Public Works Department a construction access exhibit delineating the proposed routing of heavy equipment and material hauling. The exhibit will be reviewed and approved by the County in consultation with the City of San Rainon, Town of Danville, and City of Dublin. Appropriate agreements, fees, or bonds will be determined as necessary to mitigate construction traffic impacts on the public roads. Metric Units 286. The County Public Works Department is requiring that all first-check submittals and accompanying calculations including subdivision gradin plans, improvement plans, hydrology and hydraulic maps, final maps, parcel maps, right of way plat maps and descriptions will be in metric units. Exceptions may be permitted by the Public Works Department, Engineering Services Division, based upon evidence of substantial hardship. Fees 287. The applicant will be required to comply with the fee requirements of the South County Joint Exercise of Powers Agreement as adopted by the Board of Supervisors, the Town of Danville, and the City of San Ramon. 52 288. A. The applicant shall pay a traffic mitigations fee to mitigate project impacts in the City of Dublin. The fee shall be based upon the difference in costs associated with: (1) the traffic impacts of Dublin development in Contra Costa County and (2) the traffic impact of Dougherty Valley development in Dublin. It is anticipated that the collection and administration of the fee will be with a Joint Exercise of Powers Agreement between the City and the County. B. If the traffic mitigation fee has not been adopted by January 1, 1998, then a fee will be implemented which mitigates the pro-rata impacts of the current project phase as identified in the subsequent EIR for the Dougherty Valley General Plan Amendment 96-001 and as specifically identified as Mitigation Measure 4.6-2. C. The Dublin Mitigatioin Fee shall .be adjusted annually for inflation in accordance with the construction cost index for the San Francisco Bay Area as published in the Engineering News Record with 1996 as the base year. Enforcement of this condition is contingent upon the City of Dublin's reciprocal enforcement of an identical conditon on new development within their City sphere. 289. Prior to issuance of a building permit, the applicant shall pay $150.00 per unit on each residential unit built to mitigate impacts iii Pleasanton. 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 expiration dates and renewing requirements prior to (recording the Parcels Map) or (requesting building or grading permits). I B. Comply with the requirements of the Health Services Department, Environmental Health Division. C. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. D. 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 the development that may affect any fish and wildlife resources, per the Fish and Game Code. 3Q �b 3/ 53 E. The applicant is required to pay an environmental review fee of$850.00 to 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 the Community Development Department made out to Contra Costa County for submittal with the final environmental documents. F. The project lies within the 100-year flood boundary as designated on the Federal Emergency 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 96-11) as they pertain to future construction of any structures on this property. G. The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) permit for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board or any of its Regional Water Quality Control Boards (San Francisco Bay- Regional II or Central Valley-Region V). H. The applicant shall be requiredto 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). I. 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. J. 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. DJC/aa DPIII/3086-95c.DJC 10/30/96 11/5/96 - CP (a) 11/19/96 - B/S (a) 1/7/97