HomeMy WebLinkAboutMINUTES - 11191996 - D32 Contra
Costa
TO: BOARD OF SUPERVISORS °� 1s County
FROM: HARVEY E. BRAGDON
osrq covK"�
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: November 19, 1996
SUBJECT: An Appeal by Shapell Industries of Northern California (Applicant &
Owner) , County File #SD957984 on the Decision by the County Planning
Commission Relative to Gale Ranch Phase II.
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 . Deny the Appeal of Shapell Industries of Northern California,
• Inc. and uphold the County Planning Commission' s decision and
approve SD957984 with modified conditions and with the staff
recommended changes to the conditions of approval as discussed
in this Board Order.
3 . Adopt the findings contained in Resolution #27-1996 as
approved by the County Planning Commission as the Board's own.
4 . Adopt the Findings Related to the Conditional Approval of
Final Development Plans and Vesting Tentative Maps for
Dougherty Valley Project for Gale Ranch Phase II and Windemere
Ranch Phase I.
5. Adopt the Mitigation Monitoring Program prepared for this
project.
FISCAL IMPACT
None.
• CONTINUED ON ATTACHMENT: X YES SIGNATURE\t,,_,_,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM TEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON November 19 , 1996 APPROVED AS RECOMMENDED X OTHER
The hcxzi:ig •:a;; opened; no one appearing to speak, the hearing was CLOSED.
The Turd•APPR01M,,staff's reconm_endations,above with"the modified; conditio!!s '(Exhibit A
attached).
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
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 of N.Calif. PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Public Works AND I MUTY ADMINISTRATOR
City of San Ramon
Town of Danville BY , DEPUTY
i
2 .
BACKGROUNDI,REASONS FOR RECOMMENDATION
The background for this project was previously provided to the
Board in their November 12 , 1996 packet.
On November 5, 1996 the Planning Commission approved Subdivision
957984 with modifications to the staff recommended conditions. On
November 6, 1996, the applicant appealed the decision of the
Planning Commission with respect to conditions of approval #260.
Condition of Approval #260 requires the applicant to do the
following:
260. Prior to issuance of the building permit for the
1000th dwelling unit and again at the 1800th dwelling unit,
review the need for enhanced transit service, such as express
bus service to BART and school bus service, subject to the
review of the Public Works Department and their review and
approval of the Zoning Administrator. If it is determined
that the service is needed, the applicant shall provide the
service.
Issue:
Condition #260 requires the Dougherty Valley developers to provide
bus service to BART. There is no precedent for requiring a
residential project to directly subsidize a public transit system.
This issue was thoroughly discussed and rejected in 1994 by the
Board of Supervisors. Future homeowners in Shapell 's Phase 1 and
2, and Windemere Phase I will be contributing more than $2 million
in taxes to BART and The County Connection. Additional
requirements on the developers to fund a regional public transit
system that the public rarely uses is unfounded. We respectfully
request that the Board of Supervisors delete Condition #260.
Staff Response
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 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 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.
3 .
The need for the express bus service or the school bus service
will be analyzed prior to issuance of the 1, OOOth permit and
1, 800th 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 cases the development
was not required to fund the transit service.
The Planning Commission in their decision on the Windemere Ranch
Partners Phase I modified conditions of approval which are not
reflected in the Gale Ranch Phase II conditions of approval. For
consistency between the two projects, the following conditions of
• approval should be modified:
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 .
COAs #152 - 157 : The phrase beginning these conditions "If the
County, upon further environmental review determines, it is
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.
DJC/aa
BD1/7984A.DJC
RESOLUTION NO. 27-1996
BEFORE THE BOARD OF APPEALS
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
APPEAL - Shapell Industries of Northern California,
Applicant & Owner
Subdivision 957984,
Dougherty Valley
WHEREAS, a request by SHAPELL INDUSTRIES (Applicant & Owner) ,
County File #SD957984 and DP953086 to divide 973 acres into 1,825
single family and multiple family residential units, public/semi-
public facilities, schools, park and ride, commercial and parks and
open space was received by the Community Development Department on
October 19, 1995; and
WHEREAS,on November 4, 1996 the County Zoning Administrator
recommended certification of the Subsequent Dougherty Valley Final
Environmental Impact Report and the County reviewed and certified
the Subsequent Dougherty Valley Final Environmental Impact Report;
and
WHEREAS, notice of the hearing having been lawfully given, a
public hearing was scheduled before the County Planning Commission
in a joint meeting with the San Ramon Valley Regional Planning
Commission on October 8, 1996, and subsequently continued to
November 5, 1996, whereat all persons interested could speak; and
WHEREAS, the County Planning Commission having fully reviewed,
considered and evaluated all the testimony and evidence submitted
in this matter; and
NOW, THEREFORE, BE IT RESOLVED that the County Planning
Commission APPROVED file SD957984 with modifications to the staff
recommended conditions of approval; and
BE IT FURTHER RESOLVED, that the reasons for this
recommendation are as follows:
1. This approved Resolution concerns Vesting Tentative
Subdivision Map 7984 ("Map") . The Map related to the 973 acre
Gale Ranch II project.
2 . A Subsequent Environmental Impact Report (EIR) was prepared by
the County in compliance with CEQA, State, and County
Guidelines
Page Two Resolution #27-1996
and the Commission has reviewed and considered the information
contained therein. Based on this review, and considering the
recommendation of the Zoning Administrator, this Commission
has made the findings required by the California Environmental
Quality Act in a document entitled "Findings Related to
Conditional Approval of Final Development Plans and Vesting
Tentative Maps for the Dougherty Valley Project Gale Ranch
Phase II and 'Windemere Ranch Phase V.
3 . All governmental and utility agencies affected by the Map have
been notified and given the opportunity to respond to the Map.
4 . The proposed Subdivision, together with the provisions for its
design and improvement is consistent with the General Plan as
amended by the proposed Dougherty Valley General Plan
Amendment (GP960001) and the Dougherty Valley Specific Plan
(DP960001) and County zoning, as amended by proposed Rezoning
3033-RZ which regulate development on this site, as well as
the Dougherty Valley Specific Plan.
5. Find the SD957984 as conditioned is Consistent with Agreement
to Settle Litigation Relating to the Dougherty Valley General
Plan Amendment, Specific Plan and Environmental Impact Report
for the following parties.
A. The Agreement by and among the Town of Danville, City of
San Ramon, Contra Costa County, Shapell Industries and
Windemere Ranch Partners.
• B. The Agreement by and among the Sierra Club, the Greenbelt
Alliance, Preserve Area Ridgeline committee, Save Our
Hills, and the Mount Diablo Audubon Society, Contra Costa
County, Shapell Industries and Windemere Ranch Partners.
C. The Agreement by and among Alamo Improvement Association,
Contra Costa County, Shapell Industries and Windemere
Ranch Partners.
D. The Agreement by and among East Bay Municipal Utility
District, Contra Costa County, Shapell Industries and
Windermere Ranch Partners.
E. The Agreement by and among the City of Pleasanton, Contra
Costa County, Shapell Industries and Windemere Ranch
Partners.
F. The Agreement by and among the City of Walnut Creek,
Contra Costa County, Shapell Industries and Windemere
Ranch Partners.
Page Three Resolution #27-1996
6. The site is physically suitable for the type and density of
development proposed.
7. The design of the Subdivision or proposed improvements are not
likely to substantially and avoidably injure fish or wildlife
habitat.
8. The design of the Subdivision or proposed improvements are not
likely to cause serious health problems.
9. The design of the Subdivision or proposed improvements will
not conflict with easements, acquired by the public at large,
for access through or use of property within the proposed
Subdivision.
10. The approval of the Map helps to achieve a balance between the
housing needs of the region, the public service needs of
County residents, and the available fiscal and environmental
resources.
11. The design of the Subdivision or proposed improvements
provide, to the extent feasible, for future passive or natural
heating or cooling opportunities.
12 . The land subject to the Map is not subject to the California
Land Conservation Act of 1965.
13 . Waste discharge from the proposed Subdivision would not result
in violation of existing requirements prescribed by the
California Regional Water Quality Control Board.
(All of these documents are on file with the Community Development
Department) .
BE IT RESOLVED that the forgoing APPROVALS were given by vote
of the County Planning Commission in a regular meeting Tuesday,
• November 5, 1996 as follows:
AYES: Commissioners - Terrell, Clark, Gaddis,
Hanecak, Pavlinec, Wong
NOES: Commissioners - None
ABSENT: Commissioners - None
ABSTAIN: Commissioners - Guncheon
Page Four Resolution #27-1996
WHEREAS, on November 6, 1996 an appeal was filed by Shapell
Industries of Northern California.
ATTEST: I�A
Dennis M. Barry, Secre ary
of the Planning Co mission,
County of Contra Costa, State of
California
DC/df
bo3 :957984.res
' REVISED Tr tel.
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.
HARVEY E. BRAGDON, Director
Community Development Department
By:
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 7994 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 of 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,
which action is.brought within the time period provided for in Section 66499.37. The --
County will promptly. notify the subdivider of any such claim, action, or proceeding and
cooperate fully in the defense.
8. 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 parkirig, 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 Department, Graphics Section, to obtain addresses and for street
name approval (public and private). Alternate street names should be submitted in the event
of duplication and to avoid similarity with existing street names. The Final Map cannot be
certified by the Community Development Department without the approved street names and
the assignment of street address.
11. All P.G-& E. vaults shall be underground and shown on the final improvement plans.
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- . 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. to 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.
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.M.
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."
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 March 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
Si na e
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 6-6"
One Neighborhood marketing 6X 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)
t
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. Une-additional.access 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))
�JLL
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 ►naps within the Gale Ranch II project, the applicant
will submit will-serve letters or equivalent from the water district. Tills 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 shall indicate 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.
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 of-site recycled water
service improvements needed to serve the planning area. (MM 5.9, 1992)
48. Open space, rhedian strip, and private lot landscaping shall consist of drought-tolerant, non-
invasive, low-water use plant species. (M11 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 constrict 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.
(MM 5. 12, 1992)
10
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)
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 accomplislied 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
approved 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)
li
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
:,.school sites or.transit routes and within 0.25 miles of the schools that the child ren:lious'ed
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 5.26b,
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 5.3)1, 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 535, 1992)
Ya-
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 mechanism, such as a Benefit Assessment
District, is in place to assure perpetual maintenance 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 detennined by the District, wluch 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. (NOM 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 performanceof: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. (1`\4 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.
(MM 4.4-4(a), 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
44.4-4(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)
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, (MM 10.2, 1992)
84. The project proponents shall increase the capacity of existing on-site major drainages. As
a result of the decrraded 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. Tile
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 coordinated with 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)
15
Geology/Seismicity/Grading-
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)
G,. 88. Any grading 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)
l�
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 compaction as
defined by ASTM D1557) to significantly reduce both seismically induced and natural fill
settlement. As recorrunended 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 I.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)
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 for 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. Buttress fills, 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 (NIN4 4.5-6(b), 1996)
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), 1996)
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
acconunodate.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-term 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 cornpressible 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. Lon-term-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:
x. 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 rainy 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 GHAD,
homeowners association or maintenance district. Special care should be taken-for
slopes nearest creek channels.
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. (NIM 4.5-
7(e), 1996)
121. Concentrated run-off should not be permitted to drain over cut or fill slopes. (MM 4.5-7(f),
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.
(NMI 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. (NIM 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 II 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 designedto 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.
22 . :... ,
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. (MM
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.
s:A. Extending building foundations to below the zone of moisture fluctuation with deep
footings or drilled piers.
B. Replacing the expansive top soil with a layer of select fill material with low
expansion potential.
C. Laying rigid mat or slab foundation designed to resist the fluctuations associated
with the soil expansion. (MM 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. (MM15.1, 1992)
Air Quality
The following conditions require compliance prior to filing the first final map, unless otherwise
noted.
137. Whenever feasible during constriction activities, the project proponents shall use recycled
water from water 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. (MM 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. (MM 7.4, 1992)
141. Following completion of ground distributing activities, the project proponents shall stabilize
all-disturbed soil areas not subject to revegetation using approved chemical soil binders,jute
netting,or other methods approved in advance by the BAAQMD. (MM 7.5, 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. (MM 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)
149. 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 timinc, to improve arterial traffic
movement. (MM 7.14, 1992)
150. The project proponents or other appropriate providers should provide bus feeder service to
BART and other transportation infrastructure. (MM 7. 15, 1992)
i
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
subject to the concurrence.of the City of San Ramon. (NW 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 hornes 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 improvernents 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 frorn 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 9.12, 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. (MM 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. Reconunendations from the mosquito abatement district will be used in wetland and riparian
habitat design to reduce the need for mosquito abatement activities. (MM 11.5, 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
fi-eshwater 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 I.
(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
1-:1quality and minimize disturbance of the stream bed and associated riparian vegetation. (MM
11.18, 1992)
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 tl�e 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 11.1.4, 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 1 1.15,
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
"Tile 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. (M3\4 4.11-
3)(c), 1996) (MM 17.4, 1992)
29
194. Provide all new homeowners with a copy of Home Energy Manual (California Energy
Y Commission 1992x), 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) (N41\4 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)
Archaeological/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 Community Development Department if buried cultural resources are
discovered and, if necessary, Condition of Approval #200. (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_ Formulate 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. Tile 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
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
15.2, 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
X. approval to the County Zoning Administrator. (MM 15.5, 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 con-u-nercial 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. Tile 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 15.13, 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. The
setback will vary in width depending on creek size and depth based on guidelines contained
in the DVSP. (MM 1.5.1.7, 1992)
217. Where feasible, the project proponents shall retain and replant existing natural drainages
with native vegetation. (MM 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 1525, 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
r 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 impacts of their
plans, which shall be distributed to interested individuals by the County. (MM 15.33, 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:
231. 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 \vithin the jurisdiction of the City of San
Ramon, the City shall assume the role and responsibility of responsible agency. The City
,LIZ 20
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 Windemere-Phase I and for Gale Ranch-Phase II, 1996.
35
Roadway Improvements (Frontage/On-Site):
3. 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 frorn 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
Road and 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
with 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.
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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.
f 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.
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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.
(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 rail) and the future configuration (with light Tall).
(EIR Mitigation Measure 4.6-7)
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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.
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(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 RoadBlackliawk Road intersection
improvements. Within existing curb-to-curb pavement section, reconfigure
NB approach (Crow Canyon Road) to provide twoleft-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 4.6-15 (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-1.2, EIR Mitigation Measure 4.6-15(b))
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3) Crow Canyon Road/Dougherty Road intersection improvements.
Reconfigure EB approach (Crow Canyon Road) to provide three exclusive
through lanes, and one "free" right-turn lane to SB Dougherty Road.
Reconstruct SB Dougherty Road, south of Crow Canyon Road, to provide
dedicated curb lane to accept right-turns from EB Crow Canyon Road.
(Settlement Agreement Exhibit C-1.3, 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) Windemere Parkway/Camino Tassajara Road Intersection
improvements, provide left turn channelization, a four phase traffic signal,
and tapers on Camino Tassajara to transition from six to four lanes north of
the intersection.
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(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 4.6-15(j))
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-1.13, 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))
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17) Camino Tassajara/Sycamore Valley Road intersection improvements,
widen/restripe SB leg for one left-turn/right-turn lane and one left-turn lane.
(Settlement Agreement Exhibit C-2.1, EIR Mitigation Measure 4.6-15(q))
18) Crow Canyon Road, widen from 6 to 8 lanes 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 Road 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. I, EIR Mitigation Measure 4.6-15(x))
77)
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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 a part 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 Ramon.
,3a
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 miles 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 the review 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.
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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. . Constrict and/or contribute an amount equivalent to the cost
of shelters, benches, and kiosks to a Road l mprovement 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 pedestrian 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 Bluelieart 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 major 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)
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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 aligrunent 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. Storrn drainage originating on the property and conveyed in a concentrated manner shall be
prevented fi-om draining across the sidewalks and driveways.
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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. The 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 la 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) s}iall 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 4.4-1 a)
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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 volume 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 emergency spillway shall be designed with the capacity to pass the 100 year
peak flow rate. Roads or pedestrian grails 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 measureshnitigation
for watercourses within the project limits and address slope stability, levee
.protection/stabilify, 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.
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 approval stated earlier, and/or
the elimination of several lots. All BMP'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 Ramon, 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 Departrnent is requiring that all first-check submittals and
accompanying calculations including subdivision grading 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 mitigationi 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 ), 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 in 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 Parcel Map) or (requesting building or grading permits).
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.
T
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 required to comply with all rules, regulations, and procedures of the
National Pollutant Discharge Elimination Systerns (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
r 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
. �• ,321
CONTRA MSTA
SHAPELL INDUSTRIES of NORTHERN CALIFORNIA
A Division of Shapell Industries, Inc.
96 NOV.-6 AM 8: 38
E ;
November 6, 1996
:r,I Y
° .�r:r OEPT
Mr. Harvey Bragdon
Director of Community Development
Contra Costa County
651 Pine Street
Martinez, CA 94553
Subdivision 7984, Gale Ranch Phase II
Appeal of County Planning Commission Action of November 5, 1996
Dear Mr. Bragdon:
Shapell Industries of Northern California appreciates the support of the County
Planning Commission last night when they approved our proposed Subdivision 7984, Gale
Ranch Phase II. However, we must reluctantly appeal the Planning Commission's action to
the Board of Supervisors due to our objection to Condition No. 259.
Condition No. 259 requires the Dougherty Valley developers to provide bus
service to BART. There is no precedent for requiring a residential project to directly
subsidize a public transit system. This issue was thoroughly discussed and rejected in 1994
by the Board of Supervisors. Future homeowners in Shapell's Phase 1 and 2, and
Windemere Phase 1 will be contributing more than $2 million in taxes to BART and The
County Connection. Additional requirements on the developers to fund a regional public
transit system that the public rarely uses is unfounded. We respectfully request that the
Board of Supervisors delete Condition No. 259.
If at all possible, we would like to be agendized for the Board agenda of
November 19, 1996. Since the Board will be hearing the proposed Dougherty Valley
General Plan Amendment, Specific Plan Amendment and the rezoning it would be
reasonable to include the tentative map appeal on the same agenda.
Mr. Harvey Bragdon
November 6, 1996
Page 2
Please find enclosed a check in the amount of$125.00 for the filing cost of the
appeal. Thank you for your attention in this matter.
Sincerely,
J. Christian Truebridge
Vice President
CA963100.045
Enclosure - Check
3.
CALIFORNIA REGIONAL WATER QI C
SAN FRANCISCO BAY REGION
2101 WEBST" MET.SuMSM
SM
OAKLAND,CJI 94814 --—•.— .--.— ——— �
Tele (610)288-1266
FAX: (510)188-1390
Data:
Nov 18 1996
File No. 2342.01
CER'1'LFW..D MAIL NO.
RETURN RECEIPT REQUESTED
1. Christian Ttuebridge
Vice Presidem
Shapell Industries of Nocthern California
P.O. Box 361169
100 North Milpitas Blvd.
Milpitas, CA 95033
y
SubJe": Cleanup And Abatement Order No. 96-1,10
Dear Mr. Truebridge:
Enclosed is a copy of Cleanup and Abatement Order No. 96-110, relating to the threatened
dibuhuge of earthen materials into Alamo and Coyote Creeks, from the Country Club at Gale
Ranch in the City of San Ramon. Based on several staff inspections of this site, most recently on
October 31, 1996, there appears to be a risk of erosion and sediment discharge unless corrective
measures are immediately taken. I urge Shapeli Industries to take measures nucessary to comply
with this Order. In view of the seriousness of the problem:and lack of measures to prevent
impwt to Waters of the State, I will not hesitate to pursue further enforcement action should this
Order be violated.
Also note that the Parser-Cologne Act, Section 13304, entitles the Regional Bubo d to recover
reasonable costs actually incurred by the staff from responsible parties to oversee cleanup of
unauthorized dischargas of wastes which have adversely affected waters of the State.`The State
billing rate is approximately $60 per hour, though this rate may vary depending on the salary of
the individuals(s) responsible for the oversight. We estimate that between 25 and 40 total labor
hours may be required in the oversight of the cleanup of thus site for zhe period which ends June
30, 1997. This is merely an estimate. The actual time will depend on the nature and extent of the
nMV&Wy akaanp ovcraiot.
r
A detailed description of the billing procedures is enclosed. Please confirm your intent to
reimburse cleanup oversight work by signing the attached oversight cost reimbursement form,
and return it to the Regional Board no later than November 25, 1996. Upon receipt of this, the
State Board will initiate the bailing process.
If you have any questions relating to this Order, please contact Mr. Alan Friedman of my staff at
(510)286-0579.
Sinwily,
elle K. H�arsamian
Executivo Offiiccr
Attacluimt; Cleanup and Abatement Order No.96-110
Staff Report dated November 5, 1996
Reimbursement Process for Regulatory Oversight
cc: Greg Staffdbach,Contra Costa County Crm&q
Audraw Hans, Iu "dent Construction
Joye Kurasald, City of San Ramon
Liz Varnhagen, U.S. Army Corps of Engineexs
Tom Dalziel, Clean water Program
0
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t
/
STATE OF CALIFORNIA
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION
CLEANUP AVD ABATEMENT ORDER NO, 96-110
SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA
SUBDIVISION 7796
THE COUNTRY CLUB AT GALE RANCH
CITY OF SAN RAMON, CONTRA COSTA COUNTY
The California Regional Water Quality Control Board, San Francisco Bay Region (hereinafter
Board)finds that:
I. Shapell Industries(hums a ler referred to as the dischargcr) is the owner and developer of a
618 acre site known as Country Club at Gale Ranch. The site is located east of Interstate
680 in the City of San Ramon, Contra Costa County, along an extension of the existing
Bollinger Canyon Road. This project will consist of 1,216 homes, a golf course, church,
and parks. There are later phases to this project which may involve the development of
another 2,800 iw ca,far a total of 11,000 homes.
2. The site grading operations will include an extensive amount of earthmoving over the entire
site. The topography of the site is mostly rolling hills with slopes ranging from flat to very
steep; thus most of the site consists of slopes steep enough to be a significant erosion
conc;eru. TIC hills surround three branches of Coyote Creak and the west branch of Alamo
Creek. All of the creeks are tributary to San Ramon Creek, and ultimately San Francisco
Bay. The grading operations started in the summer of 1996, and the home construction will
start in the spring of 1997.
e
3. TLe discharger's projact is eovcrod by State Board Orden-No. 92-08, entitled "General
Permit for Storm Water Discharges Associated with Construction Activity" (General
Permit). The General Permit prohibits discharges of any material besides storm water,
with the exception that discharges of non-storm water are allowed in special circumstances
and when specified in advance by the discharger in a Storm Water Pollution Prevention Plan
(SWPPP). The discharger must file a Notice of Intent, indicating that it will comply with all
provisions of the General Permit. These provisions include developing and implementing an
adequate SWPPP, performing and recording inspections of the control measures specified in
the SWPPP before and after each zahM event,and preparing an annual certification that
the site is in compLanoe with the permit.
4. The developer filed a Notice of Intent for this projection March 31, 1995, and subsequently
prepared a SWPPP. The project's WDID No. is 2-07S304572. Pursuant to that permit, the
discharger was to have all erosion protection measures in place by October 1, 1996.
5. On July 16, 1996, Board staff conducted an inspection ofthe site. An extensive amount of
earthmoving was in progress,with no erosion controls being in place. Staff requested and
reviewed a copy of the site's Stormwater Pollution Prevention Plan, and found a number of
deficiencies. The copy received dated from before the onset of construction and did not
reflect current site conditions. There was little detail on the proposed erosion control
measures, such as on the design basis of the sediment basins included in the plan By a letter
dated September 5, 1996,the developer was asked to revise and resubmit the SWPPP.
6. On September 10, 1996, Board staff reinspected the site. Again, there was an extensive .
amount of earthmoving in progress, and while some slopes were at final grade, no erosion
control measures were in place. Staff'subsequently received a revised, and improved copy
of the SWPPP. The SWPPP deflected more current site conditions, and detailed a number
erosion measures, including the seeding of steep slopes, installation of a number of sediment
basins and the protection of the branches of Coyote Creek by straw bales and silt fences.
The SWPPP stated that erosion measures would be in place by October 15, 1996.
7. On October 31, 1996, Board staff reinspected the site. Much of this year's earthmoving had
been completed, but erosion measures were in progress and were not fully implemented.
Several sediment basins had been built but not completed. Slopes were largely finished but
were bare and not yet seeded. There were three construction crossings over the Creek
which were incomplete, leaving exposed dirt and construction materials in the creek
channel. There were steep soil embankments next to the creek which were uncovered and
which were still being added upon. The inspection revealed that a significant threat of
erosion and sediamt dbcbarge exists from this ongoing project.
8. The discharge of silt, sand, clay or other earthen materials from any construction activity in
quantities sufficient to cause deleterious sediment loading, turbidity or discoloration in
surface waters or to unreasonably affect or threaten to affect beneficial uses of those surface
waters, is prohibited by the San Francisco Bay Basin Water Quality Cvuu ul Plan. Such
discharges are also prohibited by the Gesraral Permit.
9. Based on the above findings, the Board finds that the discharger threatens to impact the
Waters of the State and threatens to cause the discharge of silt, sand, and clay where it
could adversely impact,threaten beneficial uses o� and crcatc a acvcte condition of
pollution upon Waters of the State.
10. This Order is an action to enforce the Water Quality Control Plan and as such is exempt
from the California Eavironmental Quality Act pursuant to Section 15321 of the Resource
Agency CA*Miaes.
11. Pursuant to Section 13304 of the Water Code, the discharger is hereby notified that the
Board is entitled to, and may seek reimbursement for, all reasonable costs actually incurred
by the Board to investigate unauthorized discharges of waste and to oversee cleanup of such
waste, abatement of the effects there A or other reitiedial action, required by this Order.
IT IS HEREBY ORDERED pursuant to California Water Code Section 13304 that the
dischargers shall cleanup the waste discharged, abate the threat of discharge, and take other
remedial actions as follows:
r
OF
A. PrQhll?lSl�tl
The discharge, or creation of a potential
concretc, cemcnt,out, clay, sand and ot}
and,Alamo Creeks or any tributary thereto is prohibited.
E. lime iato Corrective Meastrres
The following nmmm nuat be implemented immediately:
1. Take immediate action to install adequate erosion control measures in all interim-final
graded and aA fatal graded slopes.
2. Stabilize aU other erodible slopes(these not covered by roadway or concrete)with
fabric, matting, or other equally effective nieth6ds, including hydroseeding, within five
(5) days of the date of this order. Hydroseeding is to be considered only if adequate
growth time is available, and must use an acceptable mix of seeds, mulch and binding
agent or by using other acceptable means.
3. Control drainage and surface flows from the construction area to the extent feasible to
prevent erosion of sediments and discharge of those sediments into waters of the State.
4. Take immediate action to complete the installation of the sediment basins. All flow,
except that which is immediately adjacent to the Creeks, must first pass through these
basins prior to being discharged from the site. The outlet for the basins shall allow for
two feet of freeboard and shall be constructed such that sediment passes through drain
rock and filter fabric prior to being disvhacged. Sediment from the basins shall be
removed periodically to assure adequate capacity for those basins.
S. Take immediate actions to complete the installation of the culverts and supporting
structures at the creek crossings,and to implement adequate erosion controls about
these crossings.
6. All areas receiving interim corrective measures should be depicted on a map at an
acceptable scale showing the locations and measures taken pursuant to Provision B.
• y
' r
C. Mvisions:
1. Submit a report acceptable to the Fxeautive Officer, certifying tbat work related to
PrOvisioas B above has been compieta
Due Date,: _2wmba 2, 1996
2. Submit within 10 days, an amended Storm Water Pollution Prevention Plan(SWPPP)
acceptable to the Executive Officer, incorporating the above erosion control measures,
and if a one-half foot freeboard for the sediment basins is still being proposed, a
justification for this decision. The above provision requiring two-feet of freeboard may
tie waived, upon Executive Officer concurrence. An updated plan shalt be submitted to
the Regional Board by July 1 of each year until the construction project is completed.
The plan shall specifically address erosion control measures for area under construction
during that year.
3. Submit a monitoring and reporting proposal, intended to evaluate the performance of `
the site's erosion protection measures. This proposal should include sufficient
monitoring of the Creels and the sediment basin outlets to assure that the site's erosion
control measures are functioning adequately. Include a provision to submit a situ
inspection report after each.storm to this Board, describing the inspection and any
improvementUrepairsi made after each rain event.
4. Submit documentation attesting to the securing of a Streambank Alteration Agreement,
and permit coverage from the U.S. Army Corps of Enginrxrs, for the work done within
Coyote and Alamo crooks.
5. The dischargers shall immediately notify theAegional Board.by telephone whenever an
adverse water quality condition occurs, or the stormwater and erosion control measures
fail. A written confirmation on the incident shall follow within five working days.
6. All surplus and waste materials shall be disposed of in an appropriate manner and
location sufficient to prevent erosion and subsequent dischargeto the Waters of the
State.
7. Pursuant to California Water Code Sections 13304 and 13350, if the discharger fails to
comply with the provisions of this Order, the Board may schedule a hearing to consider
assessing civil monetary penalties and to consider requesting the Attorney General to
take appropriate enforcement action against the discharger, including injunctive and civil
monetary remedies.
tette i�. �iarswniw� Date
Execud"Officer
f
t
STATE O .cALITORNIA
CALIFOKNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION
INTERNAL MEMORANDUM
°i
TO: Loretta K. BarsAmian FROM; Alan D. Friedman
Executive Offca Watershed Manag. Div.
DATE: November S, 1996 File No. 2342.01
t
SUBJECT: Shapell Industries-The Country Club at Gale Ranch -City of San Ramon-
Cleanup and Abatement Order for a Threatened Discharge of Sediment-laden
runoff into Coyote Creek
SUMMARY v
Shapell Homes is developing a 618 acre site known as the country Club at Gale Ranch, located at
the erid of Bollinger Canyon Road, east of 1-680 in San Ramon. This is the first phase, consisting
of 1,216 homes and a golfcourse, of an eventual project to involve another 11,000 homes over
2,900 acres.
The project involves a massive amount of earthmoving over a very hilly terrain, which started
earlier this year. There are several tributaries of Coyote and Alamo Creek within the project area,
which ultimately drains to San Ramon Creek and Sin Francisco Bay.
We have inspected the site on three occasions. During the first. on July 16, 1996, we observed
massive earthmoving, and no erosion measures or protection for the creek. We reyuestw it WPy
of the SWPPP,which was prepared well before the start of construction and was useless. We
r"ucstcd a resubmission. The second inspection was on September 10. and it was similar to the
first inspection in that there was much earthmoving and no erosion protection. We later received
an updated SWPPP, which was greatly improved. The SWPPP stated that all erosion measures
would be in place by 10/15/96.
This wits not done, however. We reinspected again on October 31. None of the sediment basins
were completed. The slopes were largely finished,but had not been hydroseeded. There were
three stream crossings which were not complete, and construction materials and loose dirt were
still in the stream channel. There were steep, loose, bare soft slopes abuva the creels with minimal
protection. In short,the site was totally unprepared for rain.
► DISCUSSION & RECOMMENDATION
This site is very large, and involves a huge amount of earthmoving with several streams dissecting
the site. Given the scale of this development, which will span many rainy seasons. it will be very
difficult to prevent sediment discharges without a very rigorous erosion control effort. To date,
the developer has put froth a limited effort. A CAO requiring improved efforts, maintenance and
monitoring is recornmeuded. This site should be reinspected frequently.
CONCUR:
M.H. Kazev i, 5=tion Leader
CONCUR'
Richard H. W'hitsel, Division Chief
e -
TOTAL P.84
f
Nonan ber- 1 R. 1996
To: Contra Costa County Board of Supervisors
Re: Water Quality Concerns from the Wendt Ranch Development
The Country Club at Gale Ranch is a Shappell project that sits on over 600 acres of the
Dougherty alley. Coyote Creek nips through the project site and exits at the southern tip
of the site\yhere it flows along the golf course through the Canvon Lakes development.
Grading of the project site and along the creek is supposed to be performed in accordance
with water quality standards to protect the downstream habitat. in much the same manner as
we have been assured that the Fendt Ranch work will be done. Grading is supposed to he
performed during the dry season to avoid runoff of mud and debris into the Coyote Creek.
Unfortunately. grading ryas allowed until Noveml er t nth - after the first big rain of the
year and v isibiv underway until the day before the first major series of continuous rains
were expected. As might be expected. after the rains began Saturday night (Nov. I61h).
mud began gushing down the creek into the Canyon Lakes area first thing on Sunday
morning.
How then can tyc he confident that our water quality will be protected from work on the
`Fendt Ranch site'? This is the same developer, the same County. and the same standards
that are supposed to protect our lake. our wildlife and our food. But history has already
shown that the hest of intentions do not guarantee that habitat will not he fouled during
upstream de\cloyment. If this had been our lake instead of the stream through the golf
course, our lake and wildlife would have been choked by the silt and mud running into it.
We urge you to deny approval of this project, or at least delay it. until the experts can come
to an agreement on hots our unique habitat can be protected from development of the
NFendt Ranch site.
Respectfully.
I