HomeMy WebLinkAboutMINUTES - 09091997 - D7 • �_ Contra
Costa
TO: BOARD OF SUPERVISORS County
1 k0
FROM: HARVEY E . BRAGDON - ~~
DIRECTOR OF COMMUNITY DEVELOPMENT sra'couK'�'�
DATE : July 21, 1997
SUBJECT: August 5, 1997 Hearing on the Recommendation of the County Planning
Commission on an Application Filed by Charles M. Farr (Applicant &
Owner) , File #MS900141 to Subdivide Approximately 72 acres in the San
Ramon/Bollinger Canyon area.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
As recommended by the County Planning Commission:
1 . Adopt the proposed Negative Declaration as adequate for
purposes of compliance with the California Environmental
Quality Act .
2 . Adopt the recommended findings .
3 . Approve the project as conditioned.
4 . Adopt the Proposed Mitigation Monitoring Program
5 . Direct staff to file a Notice of Determination.
FISCAL IMPACT
None .
BACKGROUND/REASONS FOR RECOMMENDATIONS
The County Planning Commission heard this project on July 8, 1997 .
The background is described in the staff report to the ' County
Planning Commission. The property is currently subject to a Land
Conservation (Williamson Act) Contract . The contract allows
limited agricultural use of the property in consideration of a
reduced property tax rate.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON September 9, 1997 APPROVED AS RECOMMENDED X OTHER X
See the attached Addendum for Board action.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT - - - - 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 : Bob Drake (335-1214)
Orig: Community Development Department ATTESTED September,-,9, 1997
CC: Norris & Norris, Edward Shaffer PHIL BATCHELOR, CLERK OF
Charles M. Farr THE OARD OF SUPERVISORS
Public Works Department AND 0 TY ADMINISTRATOR
County Counsel
East Bay Regional Park District B DEPUTY
\c : \wpdoc\msl41-90 .bo
The applicant attempted on two occasions (in 1982 and 1987) to
petition the County to cancel contract restrictions; however, for
reasons that are not clear, neither request was forwarded to the
Board of Supervisors for consideration. More recently, the
applicant filed a notice of nonrenewal which will cause the
contract restrictions to expire in the year 2006 .
The applicant has filed an application to subdivide the site into
three parcels . The parcels conform with the general plan
designation and zoning. However, because the site is subject to
Land Conservation Contract restrictions, contains non-prime soils
and would result in parcels that are smaller than 40 acres in size,
before the project can be approved, State law requires that the
Board of Supervisors make findings and approve the project .
After conducting a hearing, the Planning Commission unanimously
voted to recommend approval of the project . No one appeared in
opposition to this application. Before the hearing, the East Bay
Regional Park District suggested that the project be required to
convey a scenic easement along the ridgeline at the southern
boundary of the site, adjoining Alameda County. The applicant did
not object to such a grant deed, and the Commission recommended
that such a requirement be made a condition of approval (refer to
COA #6) .
The approval is otherwise consistent with a prior 1987 Board action
concerning this project and with the more recent 1996 approval of :
a land use permit to allow two additional residences .
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' r
ADDENDUM TO ITEM D.7
Agenda September 9, 1997
On August 5, 1997, the Board of Supervisors continued to this date, the
hearing on the recommendation of the Contra Costa County Planning
Commission on a minor subdivision application by Charles M. Farr (Applicant
and Owner) for a vesting tentative map approval to subdivide 72.3 acres into
three parcels.(County File #MS 141-90), San Ramon/Bollinger Canyon area.
Dennis Barry, Interim Community Development Director, presented the
staff report and recommendations. Mr. Barry advised that Conditions 23 and 36
had been modified from the original conditions.
The hearing was opened and the following people commented on the
matter:
Charles Michael Farr, Applicant, 18311 Bollinger Canyon Road, San
Ramon;
Michael Warholic, 18333 Bollinger Canyon Road, San Ramon.
All those desiring to speak having been heard, the hearing was closed.
The speakers remarked that they were in concurrence with the
modifications as noted by Dennis Barry, and Supervisor Gerber moved the
staff s recommendations as amended.
Supervisor Canciamilla seconded the motion.
IT IS BY THE BOARD ORDERED that staff s recommendations 1, 2, 4
and 5 are APPROVED; and Recommendation No. 3 is APPROVED as
amended. (Exhibit A attached).
FINDINGS AND CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION
FILE #MS900141 (Farr - Applicant & Owner) IN THE SAN
RAMONBOLLINGER CANYON AREA PER SEPTEMBER 9, 1997 BOARD OF
SUPERVISORS APPROVAL.
FINDINGS
A. Growth Management Performance Standards
1. Traffic-In view of the land use permit which has already been granted by the County
(LP962029), this subdivision will not result in any additional development or traffic
generated. The project will be required-to contribute area-of-benefit fees at time of
issuance of building permits for areawide traffic improvements.
2. Water-In view of the land use permit which has already been granted by the County
(LP962029),this subdivision will not result in any additional development or demand
on water supplies. Prior to recording a parcel map, the applicant will be required to
demonstrate the availability of domestic water to serve each of the proposed parcels to
the satisfaction of the Health Services Department. .
3. Sanitary Sewer-In view of the land use permit which has already been granted by the
County (LP962029), this subdivision will not result in any additional development.
Prior to recording a parcel map, the applicant will be required to demonstrate the
feasibility of sewage disposal capacity to serve each of the proposed parcels to the
satisfaction of the Health Services Department.
4. Fite Protection- The site is not located within a designated urban or suburban area
and is therefore not subject to fire protection improvements as otherwise required by
the Growth Management Element policy.
5. Public Protection - The project will not exceed the threshold (added population of
1000 persons) for requiring a contribution to a sheriff facility. Therefore, no
contribution has been required.
6. Parks and Recreation-This project is required to make a contribution of at least$2000
per dwelling unit to satisfy the parks requirement for neighborhood parks. The fee will
be paid at time of issuance of a building permit.
7. Flood Control and Drainage-The site is crossed at the northern end by San Ramon
Creek. However,neither of the proposed building sites lie within a designated flood
zone.
(Ref. the Growth Management Element of the General Plan)
File#MS900141
Charles M.Farr-Applicant/Owner
B. Findings for Approval of a Subdivision
The County Planning Agency finds that the proposed subdivision,together with the provisions
for its design and improvement, is consistent with the applicable general and specific plans
required by law. Because this area is relatively undeveloped and the large size of the proposed
parcels, an exception to frontage and collect and convey subdivision requirements is
authorized.
(Ref. §94-2.806 of the County Code)
C. Findings for Approval of a Subdivision Subject to a Contract entered into pursuant to the
California Land Conservation Act of 1965 with Parcels Less than 40 Acres in Size
While the subdivision would result in parcels smaller than 40 acres involving non prime
agricultural land, the Planning Agency is nonetheless satisfied that the parcels can sustain
an agricultural use permitted under the contract and will be subject to a written agreement
for joint management pursunat to Section 51230.1 of the Government Code insofar as the
parcels to be jointly managed total 73 acres in size.
(Ref. Section 66474.4 of the Government Code)
CONDITIONS OF APPROVAL
GENERAL
1. This application is approved, generally as shown on theVesting Tentative Map received
February 3, 1997 by the Community Development Department for three parcels on the 72 acre
site. Unless otherwise indicated,the following conditions of approval require compliance prior
to filing the Parcel Map.
2. Indemnification-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.
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Conditions of Approval
Conditions to be Satisfied Prior to Approval of a Parcel Map
3. If any significant cultural materials such as artifacts,human burials, or the like are encountered
during construction operations, such operations shall cease within 10 feet of the find, the
Community Development Department shall be notified within 24-hours and a qualified
archaeologist contacted and retained for further recommendations. Significant cultural materi-
als include,but are not limited to,aboriginal human remains, chipped stone, groundstone, shell
and bone artifacts, concentrations of fire cracked rock,ash, charcoal,shell, bone,and historic
features such as privies or building foundations.
CONDITIONS TO BE SATISFIED PRIOR TO APPROVAL OF A PARCEL MAP
Street Name
4. At least 30 days prior to filing the Parcel Map,proposed street names(public and private)shall
be submitted for review by the Community Development Department,Graphics Section Phone
9335-1270). Alternate street names should be submitted. The Parcel Map cannot be certified
by the Community Development Department without the approved street names.
Archaeology
5. Archaeological Investi ation-Submit two copies of an archaeological reconnaissance report
for review prepared by a professional archaelogist who is either certified by the Society for
California Archaeology(SCA)and/or the Society of Professional Archaeology(SOPA). The
report shall follow the format specified in the December 1989 California Office of Historic
Preservation Guidelines, "Archaeological Resource Management Reports (ARMR);
Recommended Contents and Format"as amended. The study shall include a record research
be conducted at the Northwest Information Center(NWIC),Historical Resources Inventory,
Sonoma State University,Rohnert Park,CA. The applicant shall comply with any measures
for protecting significant archaeological resources identified in the report. (MM)
Grant Deed of Development Rights Along Southern Portion of Site
6. With the filing of a parcel map,the applicant shall provide for a grant deed of development
rights (scenic easement)to the County for the southern portion of the site. The area covered
shall include that portion of the site extending approximately 300 feet north of the southern
boundary of the site. The proposed grant deed shall be subject to the review and approval of
the Zoning Administrator.
Power Lines
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File#MS900141
Charles M.Farr-Applicant/Owner
7. 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 Parcel 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.
Geotechnical Considerations
8. At least 45 days prior tofiling a parcel map, issuance of a grading permit or building permit, or
installation of improvements or utilities,whichever occurs first,the applicant shall submit two
copies of a preliminary geology, soil, and foundation report meeting the requirements of
Subdivision Ordinance Section 94-4.420 for review and approval of the Zoning Administrator
following opportunity for review by the Planning Geologist. Improvement, grading, and
building plans shall carry out the recommendations of the approved report. This report shall
include evaluation of the potential for liquefaction, seismic settlement and other types of
seismically-induced ground failure by recognized methods appropriate.to soil conditions
discovered during subsurface investigation.
9. Geotechnical Report Deed Disclosure-Applicant shall record a statement to run with deeds
to property acknowledging the approved report by title, author (firm), and date, calling
attention to approved recommendations,and noting that the report is available from the seller.
Joint Agricultural Management Agreement
10. Execution of Proposed Joint Agricultural Management Agreement- Prior to filing a parcel
map, the applicant shall execute, record and provide to the Community Development
Department the Joint Agricultural Management Agreement dated June 26, 1997 providing for
joint management of Parcels A, B, and C for the duration of the period in which the
Agricultural Preserve Agreement restrictions remain in effect(until the end of February, 2006).
Deed Disclosure of Agricultural Area
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Conditions of Approval
Conditions to be Satisfied Prior to Approval of a Parcel Map
11. The following statement shall be recorded at the County Recorder's Office for each parcel to
notify future owners of the lots that they own property in an agricultural area:
"This document shall serve as notification that you have purchased land
in an agricultural area where you may regularly find farm equipment
using .local roads; farm equipment causing dust; crop dusting and
spraying occurring regularly; burning associated with agricultural
activities;noise associated with farm equipment and aerial crop dusting
and certain animals and flies may exist on surrounding properties. This
statement is, again,notification that this is part of the agricultural way
of life in the open space areas of Contra Costa County and you should
be fully aware of this at the time of purchase."
Rural Residential Development Requirements
12. Prior to filing the Parcel Map, the project sponsor shall comply with the policy criteria,for
subdivision of lands within agriculture and open space General Plan categories adopted by the
Board of Supervisors March 15, 1983, and included in the Conservation Element of the
General Plan adopted January 1991.
A Each parcel shall have an"on-site"producing water well or a install a"test well" having
a minimum yield of three gallons per minute with bacterial and chemical quality in
compliance with the State standards for a pure,wholesome and potable water supply
(Title 22, Section 64433). If the chemical analysis exceeds the State standards for
"maximum contaminant levels" for water potability, a statement shall be attached and
"run with the deed" advising of these levels; or
B. The project sponsor shall have verifiable water availability data from adjacent parcels,
or knowledge of the same,known by the Health Services Department concerning water
quality and quantity per"A"above;and
Include a statement that"attaches and runs with the deed" indicating that a water well
shall be installed on the subject parcel complying with the general requirements stated
above prior to obtaining a Building Inspection Department permit for construction.
C. In addition to the above, a hydrogeological evaluation shall be required in known or
suspected water short areas. This will include seasonal as well as yearly variations.
The purpose for requesting hydrogeological evaluations is to determine the total
projected number of dwelling units that can be supplied with drinking water from
existing aquifers.
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File#MS900141
Charles M.Farr-Applicant/Owner
D. The land shall be suitable for septic tank use according to the County Ordinance Code
criteria and Health Services Department regulations. Percolation tests shall pass on all
proposed lots prior to filing of the Parcel Map.
Police Service One-Time Fee Contribution
13. Police Services Mitigation Fee Disclosure Statement-Pursuant to a Board Order of August 8,
1995, adopted by the Board of Supervisors,the following requirements shall be met prior to
filing a Parcel Map. The applicant shall submit two copies of a proposed disclosure statement
for the review and approval of the Zoning Administrator. The approved statement shall be
used to notify prospective buyers of parcels which are not occupied by existing legally-
established residences at time of filing the tentative map application. The disclosur6 statement
shall advise prospective buyers of affected parcels that prior to issuance of a residential
building permit,they will be required to contribute to the County$1000.00 for police services
mitigation. The fee maybe paid to the Contra Costa County Application&Permit Center.
Road,Drainage and Utility Requirements
Applicant shall comply with the requirements of Title 8,9,and 10 of the Ordinance Code.Any
Ordinance Code exceptions must be stipulated in these Conditions of Approval. Conditions of
Approval are based on the plan submitted on February 3, 1997.
General:
14. 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 or the conditions of approval
for this project.
Frontage Improvements:
15. Because this area is relatively undeveloped, an exception to the requirement to install frontage
improvements can be allowed.
Access to Adjoining Property:
Proof of Access/Acquisition
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Conditions of Approval
Conditions to be Satisfied Prior to Approval of a Parcel Map
16. Applicant shall furnish proof to the Public Works Department,Engineering Services Division,
of the acquisition of all necessary rights of way, rights of entry,permits and/or easements for
the construction of off-site,temporary or permanent,road or drainage improvements.
17. Applicant shall furnish proof to the Public Works Department,Engineering Services Division,
that legal access to the property is available from Bollinger Canyon Road.
Encroachment Permit
18. Obtain an encroachment permit from the Application and Permit Center for construction of
driveways, or other improvements within the right of way of Bollinger Canyon Road.
Private Roads:
19. Prior to the issuance of Building Permit(s),applicant shall construct to current County private
road standards or bond for a 20-foot all-weather surfaced roadway within a 30-foot access
easement,from Bollinger Canyon Road to the point shown on the site plan where the private
road branches off to the various proposed and existing driveways and on-site roadways that
serve each parcel of this subdivision. Those portions of the private road that exceed a ten(10%)
percent grade shall be paved. A turnaround shall be constructed at the end of the private road
where the private road branches off to the various proposed and existing driveways and
roadways that serve each parcel of this subdivision.
20. Prior to filing the Parcel Map,a hold shall be placed on the issuance of Building Permit(s)until
such-time that the private road improvements are constructed.
Intersection Sight Distance:
21. The applicant shall provide for stopping sight distance in accordance with Caltrans standards
for a design speed of 80.5 km/h(50 mph),or,provide the maximum attainable stopping sight
distance at the intersection of the access road and Bollinger Canyon Road. This shall be
accomplished by trimming vegetation,relocating or removing obstructions or minor grading.
If necessary, the applicant shall provide substantiation as to why Caltrans stopping sight
distance can not be obtained, subject to the review of Public Works.
Street Lighting:
22. Applicant shall apply for annexation to County Service Area L-100 Lighting District.
Annexation shall occur prior to filing the Parcel Map.
Utilities/Undergrounding:
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File#MS900141
Charles M.Farr ApplicantlOwner
23. Prior to final inspection of residential building permits, electric and telephone utilities shall be
undergrounded from the existing service pole on-site to the new residence which is subject of
the building permit.
Drainage Improvements:
Collect and Convey
24. The Ordinance Code requires conveying all storm waters entering or originating within the
subject property,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 water to a natural watercourse. However, as this parcel is
located west of Marsh Creek and is larger than'five acres in size,additional run-off resulting
from this application will be negligible. Therefore, an exception from this requirement is
granted provided the applicant maintains the existing drainage pattern and does not dispose
concentrated storm water run-off onto adjacent property.
Hold Harmless
25. The developer shall be aware that the creek banks on the site are potentially unstable. The
developer shall execute an agreement with the County which states that the developer and the
owner and the future owners of Lot B will hold harmless Contra Costa County and the Flood
Control District in the event of damage to the on-site improvements on Lot B as a result of
creek-bank failure or erosion. The executed agreement shall be recorded.
Creek Structure Setbacks:
26. Applicant shall relinquish"development rights" over that portion of the site that is within the
structure setback area of Bollinger 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.The existing house and barn on Lot B shall be excluded from the structure setback
area. "Development rights" shall be conveyed to the County by grant deed.
27. Those sections of the private road, which fall within the structure setback area of the creek,
shall also be subject to the above condition. If sections of the roadway fall within the structure
setback area, as defined by the Ordinance Code, then the applicant shall submit a soils and
geotechnical report verifying the stability of the creek bank in the vicinity of the private road.
Metric Units:
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Conditions of Approval
Conditions to be Satisfied Prior to Issuance of a Building or Grading Permit
28. The County Public Works Department 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.
CONDITIONS TO BE SATISFIED PRIOR TO ISSUANCE OF A BUII.DING OR GRADING
PERMIT
29. Residential Siting and Design-Prior to issuance of building permits, construction plans for any
residences on this site,shall demonstrate compliance with yard and'height standards of the
zoning district and show the distances to any nearby road rights-of--way. At the same time,
actual construction may be partially or entirely outside of the generalized homesite circles
shown on the approved site plan. This might be caused by design considerations arising from
geotechnical,tree preservation, archaeological, utility or other details. Such construction still
will qualify under this permit if the residences are located in the general areas proposed and
do not create any new or greater impacts than the sites shown, subject to final review and
approval of the Zoning Administrator.
Restriction on Exterior Reflectivity-The construction plans shall specify the colors to be used
for exterior walls and roofing of all residential structures. A licensed architect shall verify in
writing that the proposed colors will not exceed 50%light reflectance.
30. Rural Residential Policy Fence Enclosure-Adequate fencing of an inconspicuous design shall
be required to contain domestic animals with all gates easily closed when necessary. Fencing
shall be installed prior to issuance of building permits.
Fire Protection Requirement
31. Fire Resistant Roof Materials-All roofs for new construction shall be designed with Class A
fire-resistant roof materials,and shall be so noted on the construction plans.
Tree Protection
32. Tree imp ct Stud - Submit a site plan to the Community Development Department showing
proposed grading, structural improvements, driveway, leachfields,water tanks,trenching and
other improvements that might disturb the ground. The site plan shall identify the location,
species, tree dripline, and trunk circumference of all trees within 50 feet of proposed
improvements. If the proposed development is in proximity to two or more qualifying trees,
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File#MS900141 Conditions of Approval
Charles M.Farr-ApplicantlOwner Conditions to be Satisfied Prior to Occupancy of New Residential Structures
then each tree shall be assigned a number for identification purposes. The site plan shall also
indicate whether individual trees are proposed to be(1)removed, (2)altered, or(3)preserved.
If the proposed development requires approval of a tree permit,then prior to issuing a grading
or building permit,the applicant shall comply with the restrictions of the Tree Protection and
Preservation Ordinance including any tree permit application and processing requirements.
(MM)
Fees
33. Parkland Dedication Fee Requirement-Prior to issuance of a building permit,the applicant
shall comply with the parkland dedication fee requirement.
34. One-Time Police Services Mitigation Fee Payment-Prior to issuance of a residential building
permit on any parcel that is not occupied by a legal residence,the applicant shall contribute a
one-time fee of$1000.00 to the County for police services mitigation. The fee shall be paid
to the Contra Costa County Application&Permit Center.
CONSTRUCTION PERIOD RESTRICTIONS
35.- - All construction and construction related activities performed by a licensed contractor or
subcontractor other than the owner shall be limited to the hours of 7:30 a.m. to 5:00 p.m.,
Monday through Friday,and shall be prohibited on state and federal holidays. The applicant
shall include this restriction in the contract for any construction contractors or subcontractors
employed on the site.
CONDITIONS TO BE SATISFIED PRIOR TO OCCUPANCY OF A NEW RESIDENTIAL
STRUCTURE ON PARCELS A OR C.
36. - Elimination of Metal Fabrication Use- At least three weeks prior to seeking occupancy of a
residence on the easternmost parcel, Parcel "C", the applicant shall convey a letter to the
Community Development Department indicating that the metal fabrication business activities
have been terminated and that the site may be inspected for the purpose of verifying code
compliance. Occupancy of the residence shall not be permitted until the Zoning Administrator
has determined that the site is in compliance with the zoning code requirements including any
entitlements.
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Advisory Notes
ADVISORYNOTES
THE FOLLOWING INFORMATION DOES NOT CONSTITUTE CONDITIONS OF APPROVAL.
IT IS PROVIDED TO ALERT THE APPLICANT TO LEGAL REQUIREMENTS OF THE COUNTY
AND OTHER PUBLIC AGENCIES TO WHICH THIS PROJECT MAY BE SUBJECT.
A. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare
Fee Ordinance for the South County Area of Benefit as adopted by the Board of Supervisors.
B. Applicant shall comply with the adopted Ordinance requirements for the Southern Contra
Costa Fee Areas (Southern Contra Costa Regional Fund and Southern Contra Costa
Subregional Fund)as outlined in the SCC JEPA.
C. The applicant shall be required to comply with all rules, regulations, and procedures of the
National Pollutant Discharge Elimination Systems(NPDES)for municipal, construciton, and
industrial activities as promulgated by the California State Water Resources.Control Board, or
any of its Regional Water Quality Control Boards (San Francisco Bay-,Region II or Central
Valley-Region V).
D. The project lies within the 100-year flood boundary as designated on the Federal Emergency
Flood Rate Maps. The applicant shall be aware of the requirements of the Federal Flood
Insurance Program and the County Flood Plain Management Ordianance(Ordinance No. 90-
118)as they pertain to future construction of any structures on this property. Finished floors
must be elevated above the 100-year floodplain.
E. This project may be subject of the requirements of the California Department of Fish and
Game. It is the applicant's responsibility to notify the Department of Fish and 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 and Game Code.
F. 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.
G. Comply with the requirements of the San Ramon Valley Fire Protection District.
H. Comply with the requirements of the Building Inspection Department. A site survey will be
required to locate property lines.
I. Vesting Tentative Map Rights - The approval of this vesting tentative map confers a vested
right to proceed with development in substantial compliance with ordinances, policies, and
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File#MS900141
Charles M.Farr-Applicant/Owner
standards in effect as of November 14, 1990,the date the vesting tentative map application was
accepted as complete by the Community Development Department. The vested rights also
applies to development fees which the County has adopted by ordinance. These fees are in
addition to any other development fees which may be specified in the conditions of approval.
The fees include but are not limited to the following:
Park Dedication $2000 per residence.
Child Care $400 per residence.
An estimate of the fee charges for each approved lot may be obtained by contacting the
Building Inspection Department at 335-1192.
J. Expiration of Vested Rights: Pursuant to Section 66452.6(g) of the Subdivision Map act, the
rights conferred by the vesting tentative map as provided by Chapter 4.5 of the Subdivision
Map act shall last for an initial period of two (2) years following the recording date of the
final/parcel map. These rights pertain to development fees and regulations. Where several
final maps are recorded on various phases of a project covered by a single vesting tentative
map, the initial time period shall begin for each phase when the final map for that phase is
recorded.
At any time prior to the expiration of the initial time period, the subdivider may apply for a
one-year extension. The application shall be accompanied by the applicable filing fee. If the
extension is denied by an advisory agency,the subdivider may appeal that denial to the Board
of Supervisors by filing a letter of appeal with the appropriate filing fee with the Clerk of the
Board within 15 calendar days.
The initial time period may also be subject to automatic extension pursuant to other provisions
of Section 66452.6(g) relating to processing of related development applications by the
County.
At the expiration of the vesting time period, remaining development (i.e., new building
permits)within the subdivision shall be subject to development fees and regulations in effect
at that time.
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