HomeMy WebLinkAboutMINUTES - 10271998 - D7 g, D7
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TO: BOARD OF SUPERVISORS �t Costa
County
FROM: DENNIS M. BARRY, AI CP •, - - '"'
DIRECTOR OF COMMUNITY DEVELOPMENT '" ,•
e
SATE: October 27, 1998
SUBJECT: HEARING ON REZONING APPLICATION (COUNTY FILE #83983058) TO REZONE
APPROXIMATELY 3,160 ACRES (10 PARCELS) OF LAND FROM, A-4 (AGRICULTURAL
PRESERVE) TO A-20 (ZXCLUSIVEAGRICULTURAL DISTRICT) AND THE APPS BY
SAVE MT., DIABLO 6 GREENBELT ALLIANCE 0? THE EAST COSY REGIONAL
PLANNING COMMISSION'S DECISION TO APPROVE'LAND USE PERMIT (COUNTY FILE
AP982030) FOR A 230-ACRB GOLF COURSE AND VESTING TENTATIVE MAP (COUNTY
BILE 08980006) AND THE MITIGATED NEGATIVE DECLARATION ON THE PROJECT
SPECIFIC REQUEST(B) OR RECOMMENDATTON(S) i BACKGROUND AND' JUSTIFICATION
RECOMMENUTI NS
Consider adopting Option "A" as recommended by the East County:
Regional Planning Commission with the addition of dedication of
development rights on approximately 1043 acres of the property as
indicated on Exhibit "B", or Option "B" approving the rezoning only
for the proposed golf course parcel or Option "C" as described
below:
Option A:
A. Sustain the East County Regional Planning Commission decision
to approve the project with modifications to conditions of
approval as marked in Exhibit "A" with modifications to
condition of approval #32, addition of indemnification
condition (condition of approval 154) and dedication of
development rights (condition of approval #55) .
B. Deny the appeal of Save Mt. Diablo and Greenbelt Alliance.
CONTINUED ON ATTACHMENT: _,X . YES SIGNATURE �,"/i
RECOMMENDATION OF COUNTY ALKINISTRATOR — RECOMMENDATION OF BOARD CO TTEB
APPROVE" OTHER
SIGNATURE(S) :
ACTION OF BOARD ON O c ter h e r 27, 9 8 APPROVED AS RECOMMENDED XX OTHER)X
SEE THE ATTACHED ADDENDUM FOR BOARD ACTION
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
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:Aruna Bhat 335-1219
Orig: Community Development Department ATTESTED, October 27 , 1998
cc: Roddy Ranch, LLC PHIL BATCHELOR, CLERIC OF
Save Mt. Diablo THE BOARD O SUPERVISORS
Greenbelt Alliance COUNTY D ZNIS TOR
Public Works
bo3:roddy.bo 8 , ?DEPUTY
AMB/df
Page Two
C. Certify the Mitigated Negative Declaration as adequate and
complete and is prepared is consistent with State and County
CEQA Guidelines.
D. Adopt the Mitigation Monitoring Program and direct staff to
file the Notice of Determination for the project.
E. Approve the rezoning from A-4 to A- 0 as recommended by the
East County Regional Planning Commission.
F. Approve the land use permit for a golf course and the vesting
tentative map to create the golf course parcel.
G. Accept the findings contained in corrected Commission
Resolution #12-1998 as the basis for the Board's decision.
H. Introduce the ordinance giving effect to the aforesaid
rezoning, waive reading and set forth date for adoption of
same.
option B»
A. Same as in option A except rezone 2aly the golf course parcel
from A-4 to A-40.
Option C:
Grant the appeal of Save Mt. Diablo and GreenbeltAlliance and
direct staff to prepare an Environmental Impact Report (EIR) .
A. Direct Community Development Department to prepare or contract
with a consultant to prepare the draft ETR.
B. Schedule the land use permit, minor subdivision and rezoning
before the East County Regional Planning Commission upon
certification of Final EIR.
C. Schedule the rezoning before the Board after the East County
Regional Planning Commission action.
FISCAL IMPAC
None.
r ACKORQUND I EA ONS TD APPEDVE QPTION A
On October 20, 1998, the Board of Supervisors considered the
rezoning application and the appeal by Save Mt Diablo and
Greenbelt Alliance of the East County Regional. Planning
Commission's decision to approve land use permit'; and vesting
tentative map and the mitigated negative declaration on the
proposed golf course project. A majority of the Board, members were
concerned that the proposed golf course was a prelude to potential
residential development around the golf course. After discussing
several project alternatives including preparation of an EIR,
dedication of development rights, rezoning only the proposed golf
course parcel, the Board continued the matter to October 27, 1998
and directed staff to prepare alternatives for the project.
In a letter dated October 22, 1998 (Exhibit "B") , Mr. 'Wayne Pierce,
Managing Partner of Roddy Ranch LLC, has proposed to dedicate 1043
acres to the County as permanent open space and deed restrict any
further development rights on the property. The area proposed for
dedication is also shown on the map attached to Exhibit "B" and it
includes approximately 205 acres of land on the north wrest of the
property, 610 acres of land on the south side of the property and
the 230 acres of the golf course itself.
Page Three
Staff recommends that the Board approve the rezoning, use permit
and vesting tentative map with the addition of the following
condition requiring dedication of development rights on 1,043 acres
of the land.
At .least 30 days prior to issuance of a grading permit, the
property owner shall dedicate development rights on 1,043
acres of land (shown on Exhibit B to the October 27, 1998
Board Order), except for the construction of the golf course
and ancillary uses permitted with County File #L.P982030,
subject to the review and approval of the Zoning
Administrator.
MASONS TO APPRQV ► Q2 IQN B'
If the Board determines that dedicating development rights on these
1, 043 acres does not address their concern regarding potential
residential development, then the Board may want to consider
rezoning only the 230 acre property proposed for subdivision and
golf course development.
If the Board determines that there is substantial evidence to
support a fair argument that the proposed project will have
significant impacts on the environment, then direct staff to
prepare an EIR on the project and refer the rezoning request, minor
subdivision and land use permit to the East County Regional
Planning commission for further hearing once the Final_. EIR has been
certified.
ADDENDUM TO ITEM D.7
October 27, 1998 Agenda
On October 20, 1998,the Beard of Supervisors continued to this date,the hearing on the
appeal by Save Mount Diablo and Greenbelt Alliance(Appellants) from the decision of the
East County Regional Planning Commission on the application of Roddy Ranch, LLC
(Applicant and Owner),to rezone approximately 2,161 acres of land(10 parcels) from
A-4 (Agriculture Preserve District)to A-20(Exclusive Agricultural District) (County File
#RZ 98-3058), and
The appeal by Save Mount Diablo and Greenbelt Alliance (Appellants) from the decision of
the East County Regional Planning Commission on the application of Ranch LLC
(Applicant and Owner), requesting a vesting tentative parcel map to create an
approximately 200 acre parcel and a remainder parcel of approximately 1,748 acres
(County File#MS 98-0006); and
The appeal by Save Mount Diablo and Greenbelt Alliance(Appellants) from the decision of
the East County Regional Planning Commission on the application of Roddy Ranch LLC
(Applicant and Owner), requesting a land use permit to construct an 18 hole golf course
with ancillary facilities including tape-out food on an approximately 230 acres of land
(County File#LP 98-2030).
Dennis Barry, Community Development Director,presented the staff report and
recommendations, and advised the Board there was a correction on Page 2. Option B should
read A-4 to A-20,=A-40. He further informed the Board that under Option A, in the
proposed Conditions of Approval, and by agreement between the Appellants and
Applicants, there was a provision for dedication of development rights on the subject
property.
The Board discussed the matter.The hearing was opened and the following people offered
comments:
Michael McGill,McGill, Martin& Self, Inc., 1500 Newell Avenue, #700,
Walnut Creek;
Seth Adams,Appellant, Save Mount Diablo,P.O. Box 5376, Walnut Creek;
Tom Mooers,Appellant, Greenbelt Alliance, 1372 N. Main Street, Ste 203,
Walnut Creek;
Those desiring to speak having been heard,the Board continued to discuss the issues.
Following further Board discussion,Supervisor Canciamilla moved the Board approve
Option A, as modified by the staff with the acknowledgement of appellant Torn Mooer's
statement, and Mike McGill's statement in the record; and included in that it is the intent of
the Board to approve the detailed agreement accepting the development rights on
December 1, 1998. Supervisor DeSaulnier seconded the motion.
The vote on the motion was as follows:
AYES: SUPERVISORS UILKEMA,GERBER,DeSAULNIER,CANCIAMILLA and ROGERS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
IT IS BY THE BOARD ORDERED that Option A, as amended,is
APPROVED; Greenbelt Alliance's and Save Mount Diablo's acknowledgment of the
Agreement is ACCEPTED; and consideration of accepting the possibleland
dedication will be presented to the Board in December, 3998.
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: McGill. Martin. SellAPPLICATION NO. LP982030
1-500 Newell Ave., 4700 MS980006
Walnut Creek,CA 94599 RZ9833058
ASSESSOR'S PARCEL NO. 007-010-028
057-060-001
057-070-001
through 008
075-190-007
078-050-005
OWNER: Wayne Pierce ZONING DISTRICT: A-20
Roddy Ranch LLC
P. O. Box 2229
Vallcjo, CA 94.592-0229 APPROVED DATE: 10/27/98
EFFECTIVE DATE 10/27/98
This is to notify You that the Board ol'Supervisors has granted your request fora final development plan, land
use permit and rezoning, Sub.lect to the attached conditions.
DENNIS M. BARRY. AICP
Communit\' Development Director
Bv:
4
CATHERINE K7TSURIS
Chief. Current Planning
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\�OLI a copy of the Board Order with approved
Conditions of Approval. This permit will expire ONE YEAR from the effective date of this permit.
FINDINGS AND CONDITIONS OF APPROVAL FOR RZ983058 LP982030 AND MS
980006 AS APPROVED BY THE BOARD OF SUPERVISORS ON OCTOBER 27 1998
Findings
A. Growth Management Element Performance Standards:
1. "Traffic: The project as proposed will generate 42 A.M. and 60 P.M. peak hour
trips. Therefore, the applicant is not required to prepare a traffic report
pursuant to the 1988 Measure C requirements.
2. Water& Sanitary Sewer: A permit for installing a septic system and well water
is required to be obtained from the County Health Services Department -
Environmental Health Division.
3. Fire Protection: The project is served by Delta Diablo Fire Protection District.
Fire response time Currently is 11 minutes from the nearest station. and is
adequate for a golf course located in a rural area of the County.
4. Public Protection: The Growth Management Element Standard is 155 square
feet of Sheriff facility station per 1,000 population. The project will generate
a day time population of 150 - 250 persons. The small size of the population
increase is not significant.
5. Parks & Recreation: The proposed use will increase the recreational facilities
in the East County area.
6. Flood Control & Drainage: The proposed golf course will be subject to the
drainage collect and convey requirements.
B, Rezoning
1. The proposed rezoning is consistent with the agricultural land general plan
designation. The proposed public golf course use is a recreational facility and
is consistent with the land use designation.
C. Minor Subdivision
1. The proposed vesting;tentative pat-eel map together with the provisions for its
design and improvement is consistent with the AgriculturalLand general plan
designation.
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D. Land Use .Permit
1. The proposed project will not be detrimental to the health, safety and general
welfare of the County.
2. The proposed project as conditioned will not adversely affect the orderly
development of property within the County.
3. The proposed project as conditioned will not adversely affect the preservation
of property values and the protection of the tax base within the County.
4. The proposed project is consistent with the Agricultural Land general plan
designation and will not adversely affect the policy and goals as set by the
General Pian.
5. The proposed project will not create a nuisance and/or enforcement problem
within the neighborhood or community. The facility is proposed and
conditioned to be used only during the day light hours.
6. The proposed project as conditioned will not encourage marginal development.
CONDITIONS OF APPROVAL
I. This approval is based upon the exhibits received by the Community
Development Department listed as follows:
A. Revised Vesting Tentative Map received on July 7, 1998 by the
Conntnunity Development Department for one lot and a remainder on
the 1,948 acre site.
B. Grading plan, routing, plan and facilities plan for the site dated July 7,
1998,
C. Conceptual landscaping plan dated received May 22, 1998 by the
Community Development Department.
The approval is also based upon the following reports:
A. Golf Course Operation Guideline prepared by JM.P Golf Design Group
dated May 14, 1998.
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B. Cultural Resources Assessment Report prepared by William Self
Associates dated May, 1498.
C. Biological Resources of the Proposed Golf Course at Roddy Ranch
prepared by Sycamore Associates, LLC dated June12, 1998. and May
14, 1998.
D. Special-status Amphibian and Reptile Habitat Assessment at the
Proposed Golf Course and Site Assessment for California red-legged
frog dated June 19, 1948 and prepared by Sycamore Associates LLC
and Biosearch Wildlife Survey.
E. Preliminary Wetlands Deliberation and Jurisdictional'Determination for
Roddy Ranch prepared by Sycamore Associates LLC dated May 18,
1998..
F. H. T. Harvey &. Associates letter dated June 22, 1498.
G. Preliminary Geologic Evaluation prepared by Terrasearch, Inc.
H. Roddy Ranch Golf Course Traffic Impact Study prepared by Abrams
Associated dated May, 1498.
1. Public Services and Infrastructure Study dated May, 1948.
2. The design, color and location of any project sign at the entrance to the
property shall be reviewed and approved by the Zoning Administrator.
3. A landscaping and irrigation plan for all areas shown on the plan shall be
submitted for review and approval of the Zoning Administrator at least 30 days
prior to issuance of building permits. A cost estimate shall be submitted with
the landscaping program plan. Landscaping shall conform to the County
Water Conservation Landscape Ordinance 82-26 and shall,be installed prior
to commencement of business activity. The plan shall be prepared by a
licensed landscape architect and shall be certified to be in compliance with the
County Water Conservation Ordinance.
_ 4. California native drought tolerant plans or trees shall be used as much as
possible. All trees shall be a minimum 15-gallon size, all shrubs shall be a
n11111111LI111 5-gallon size, except as otherwise noted.
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5. Prior to occupancy, an on-site inspection shall be made of privately owned
lands by a licensed landscape professional to determine compliance with the
approved landscape plan. A certification of completion shall be submitted to
the Zoning Administrator for review and approval.
6. Additional landscape planting; shall be installed and maintained at the project
entrance on .Deer- Valley .Road.
7. The grading plan shall provide for balanced cut and fill on-site (i.e., no import
or export of fill material).
_ 8. The proposed buildings shall be sirmilar to that shown on submitted plans.
Prior to the issuance of a building permit, elevations and architectural design
of the building and building roofing, material shall be submitted for final
review and approval by the County Zoning, Adrninistrator-, The roofs and
exterior walls of the buildings shall be free of such objects as air conditioning
or utility equipment, television aerials, etc., or screened from view. The
building shall be finished in wood and stucco or other- materials acceptable to
the Zoning Administrator.
9. This application is sul?ject to an initial application fee of$14,440 which was
paid with the application submittal, plus time and material costs if the
application review expenses exceed 120% of the initial fee. Any additional
fee due must be paid within 60 days of the pernit effective date or prior to use
of the permit whichever occurs first. The fees include costs through permit
issuance plus five working days for file preparation. You may obtain current
costs by contacting the project planner. if you owe additional fees, a bill will
be sent to you shortly after permit issuance.
10. Off street parking areas shall be surfaced with an asphaltic or Portland cement
binder pavement. Prior- to issuance of building permit, the final design of the
parking area and landscaping shall be subject to the review and approval of the
Zoning Administrator.
11. Lighting for the parking area shall be directed downward.
11 The hours of operation shall be during daylight hours only,
5
13. The owner or operator of the golf course shall submit a parking and
transportationplan to obtain Zoning; Administrator approval at least 30 days
prion- to any event for which the 160 on-site parking; spaces will not be
sufficient.
14. At least three times a week, pick up and properly dispose of trash, litter and
garbage originating fi-om such take-out food establishment, deposited on public
property within four hundred feet of any boundary of the premises on which
such take-out food establishment is located.
15. Upon the request of any owner of private property located within four hundred
feet of any boundary of the premises on which the take-out food establishment
is located, at least three times a week, pick up and properly dispose of trash,
litter and garbage originating from such take-out food establishment, deposited
on such private property visible from a public street. (Ordinance 89-5 §2).
16. Prior to issuance of a building; permit, the proprietor steal l post a cash deposit,
in the amount of $1,125 to cover possible costs of trash, litter or garbage
removal should the proprietor of the take-out food establishment fail to
properly police the area. if the cash deposit, falls below $1,125, then the
proprietor of the take-out food establishment shall deposit the difference
forthwith. If inflation makes an increase necessary in the security amount, the
Zoning Administrator may make the necessary changes at a public hearing.
17. To assure protection and/or reasonable replacement of existing; trees to be
preserved which are in proximity to project improvements, the applicant shall
post a brand (or cash deposit or other surety) for the required work with the
Community Development Department. The term of the bond shall extend at
least 24 months beyond the completion of construction. Prior to posting the
bond or deposit, a licensed arborist shall assess the value of the trees and
reasonable compensatory terms in the event that a tree to be preserved is
destroyed or otherwise damaged by construction-related activity. The tree
bonding program shall be subject to the review and approval of the Zoning
Administrator,
18. The developer and applicant shall adhere to the following tree preservation
standards required by Section 816-6.1202 of the County Code:
A. Prior to the start of any clearing, stockpiling, trenching, grading,
compaction, paving; or change in ground elevation on a site with trees
to be preserved, the applicant shall install fencing, at the dripline or
6
other area as determined by an arborist report of all trees adjacent to or
in the area to be altered. Prior to grading or issuance of any permits,
the fences may be inspected and the location thereof approved by
appropriate County staff.
B. No grading, compaction, stockpiling, trenching, paving; or change in
ground elevation shall be permitted within the dripline unless indicated
on the grading plans approved by the County and addressed in any
required report prepared by an arborist. If grading or construction is
approved within the dripline, an arborist may be required to be present
during grading; operations. The arborist shall have the authority to
require protective measures to protect the roots. Upon completion of
grading and construction, an involved arborist shall prepare a report
outlining further methods requiring; for tree protection if any are
required. All arborist expense shall be borne by the developer and
applicant.
C. No parking or storing vehicles, equipment, machinery or construction
materials, construction trailers and no dumping of oils or chemicals
shall be permitted within the dripline of any tree to be saved.
19. At least 30 days prior to issuance of any grading permits or building, permits,
a geotechnical report with site specific recommendations for grading design
and construction shall be prepared and submitted to the County for review and
approval. Recommendations for slope stability, erosion, and sedimentation
control shall be detailed in the report and included in the construction
documents.
20. At least 30 days prior to issuance of grading permit a NPDES program shall
be developed for County review and approval.
21. At least 30 days prior to issuance of grading permit, pond 'construction and
maintenance criteria and a management program shall be submitted to the
County for review and approval. Constriction criteria and management plan
shall specifically address control and removal of unwanted vegetation growth.
22. All drainage from maintained golf course turf areas shall be directed to the
irrigation ponds in order to capture run-off for water duality testing;.
7
23. At least 30 days prior to issuance of building permit, a final "Golf Course
Operation Guidelines" shall be prepared and submitted to the County for
review and approval. These "Guidelines" shall include site-specific
performance standards and shall address the management of irrigation, pest
control, weed control, and turf fertilization.
24. A Water Quality Management flan shall be prepared with the assistance of a
hydrologist specializing;in water quality management. The Plan shall specify
performance standards and a monitoring program. Baseline studies shall be
conducted. Water duality within the on-site irrigation ponds and water well,
and off-site downstrearn wetland and pond area within Roddy Ranch, shall be
periodically tested for changes in water duality that could adversely affect
plant and animal life. If adverse changes are detected (standards are
exceeded), then management practices shall be adjusted accordingly (i.e., new
pest control methods shall be instituted). A contingency flan for treatment
shall be described.
25. The applicant shall perforin a final special-status plant survey in September or
early October and report the findings to the County. If special-status plants
are found during;the survey, the applicant shall (a) avoid grading in impacted
areas, or (b) collect, propagate, plant, and monitor during establishment
special-status plants at a location to be agreed upon with the County. The
relocated plant area shall be managed as a plant conservation area and be equal
in size to the area impacted by grading.
26. A qualified biologist shall survey the project site for the presence of red legged
frogs (RLF) immediately prior to the start of grading, and shall be on-site
during rainy periods during;grading operations. If the biologist observes RLF
on-site, grading in the area of occurrence shall be halted. The USFWS shall
be contacted for consultation, If no RLF are found, scalp all vegetation off the
entire golf course site, prior to coil strcictioil, to eliminate any cover that could
be used by RLF during potential dispersal and foraging.
27. Following one preconstruction survey, all vegetation with the exception of the
trees, shall be scalped from the site to eliminate any potential dispersal and
foraging.
28. The perimeter of the project site shall be flagged, prior to grading, to erasure
that grading; does not extend beyond the project boundary and thereby affect
off-site aquatic habitats.
29. Install and maintain orange construction fencing around perimeter of golf
course to enable RLF to pass through the fencing.
30. No water- shall be allowed to pool or pond during; grading]or other phases of
construction to prevent the creation of potential breeding or non-breeding
aquatic habitat.
31. No barriers to potential dispersal and movement of RLF through the golf
course site, such as long high walls, shall be constructed.
32. Golf course ponds shall be surveyed for the presence of RLF and predators
annually by a qualified biologist. If RLF are found, the USFWS shall be
contacted and construction under Section 7 or 10 of the Endangered Species
.Act will be initiated.
33. A RLF and CTS Predator Control flan shall be developed and irnplemented
to prevent bullfrogs and other RLF/CTS predators from colonizing; the golf
course lakes and migrating to potential RLF/CTS predatory to RLF, such as
bullfrogs and mosquito fish. Tire golf course ponds shall not be drained during,
' the spring or early surnrner.
_ 34. A Water Quality Management Plan shall be developed to prevent golf course
run-off from adversely affecting; potential RLF breeding; sites off-site.
35. Prior to grading;, the applicant shall survey those areas of the project site
nearest CTS breeding locations for the presence of burrows and other features
that may provide potential over summering habitat for CTS. Those features,
and similar features located between the locations and the breeding locations,
but beyond the golf course boundary, shall be mapped and submitted for the
review and approval of the County. The applicant may be withheld from
grading; until the 1998-1999 rainy season begins and any CTS which may be
present are given an opportunity to move from dry season habitats to off-site
aquatic breeding habitats. Before the beginning; of the rainy season, in
September, scalp all vegetation from the golf course site to eliminate any cover
potentially suitable for use by CTS.
36. A qualified biologist shall survey these areas of the project site periodically
during grading, including during rainy periods, to determine whether any CTS
present on-site have migrated to off-site ponds. No grading; shall occur in
areas where CTS are observed.
37. Exclusion of CTS frorn the grading; envelope shall be safely implemented
through either of two alternatives. Construction of a permanent one-way curb
barrier around the perimeter of the golf course site prior- to grading would
prevent CTS from migrating onto the site while permitting CTS to leave the
site. A second alternative would involve the constructionof a temporary two-
way barrier (i.e., low silt fencing; buried below ground level). A temporary
barrier would require the regular placement of debris or shelters on the project
side of the fence that would provide cover for CTS migrating outward. Cover
sites would.need to be monitored regularly during;the rainy season; captured
CTS would then need to be relocated to suitable habitat nearby.
38. A qualified biologist in possession of a scientific collector's permit from
CDGF shall monitor the golf course site during; grading'between September
and December. Any CTS that are exposed during grading, or are found
traversing; the site shall be placed in a moist cooler and taken to ground
squirrel or pocket gopher holes outside of the golf course site near ponds 5 or
b.
39 Cover habitat shall be created near ponds 5 and 6 prior to golf course
+� construction. Cover habitat shall be constructed through the placement of
piles of large woody debris and/or rocks in upland areas surrounding these
ponds.
_ 40. A permanent curb barrier shall be constructed around the perimeter of the golf
course to prevent movement of CTS onto the golf coarse site following
construction to prevent colonization of the golf coarse pends by CTS.
41. A Water Quality Management flan shall be developed to prevent golf course
run-off from affecting potential CTS breeding sites offsite.
42. Gopher, grround squi.n-el, and other rodent control within the golf course shall
be limited to trapping;, no rodenticides shall be used.
_ 43. Preconstruction surveys shall be conducted no less than 14 days and no more
than 30 days prior to the beginning; of ground disturbance and/or construction
activities or any project activity likely to itnpact the San Joaquin kit fox.
_ 44. An employee education program shall be conducted for any project that has
expected impacts to kit fox or other endangered species (in this case,
burrowing;; owls, red legged frogs, and badgers).
10
45. Project related vehicles shall observe a 20-mph speed limit in all project areas,
except on County roads and State and Federal highways. Night-time
construction is prohibited. Off-road traffic outside of designated project areas
shall be prohibited.
46. To prevent inadvertent entrapment of kit foxes or other animals during the
construction phase of the project, all excavated, steep-walled holes or trenches
more than 2-feet deep shall be covered at the close of each working; day by
plywood or similar materials, or provided with one or- ',more escape ramps
constructed of earth fill or wooden planks. Before such boles or trenches are
filled, they shall be thoroughly inspected for trapped animals,
47. All construction pipes, culverts, or similar structures with a diameter of 4-
inches or greater that are stored at a construction site for one or more overnight
periods shall be thoroughly inspected for kit foxes 'before the pipe is
subsequently buried, capped, or otherwise used or movedin anyway. If a kit
fox is discovered inside a pipe, that section of pipe shall'not be moved until
the Service has been consulted. If necessary, and under the direct supervision
of the biologist, the pipe may be proved once to remove it froin the path of
construction activity.
48. All food related trash items, such as wrappers, cans, bottles, and scraps shall
be disposed of in a closed container and removed at least once a week from a
construction or project site.
49. No firearms shall be allowed on the project site.
0. To prevent harassment, mortality of kit foxes, or destruction of dens by dogs
or cats, no pets shall be permitted on project sites.
51. Use of rodenticides and herbicides in project area shall be restricted,
52. If S.1KF are observed on-site, grading in the area of occurrence shall be halted
and CDFG and USFWS shall be consulted.
53. All grading and trenching; within 500 feet of Site CA-CCO-496H shall be
monitored by a qualified archaeologist, oi- until such tune during; grading and
trenching that the archaeologist determines that monitoring is no longer
necessary.
1i
54. 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.
55. Prior to issuance of a grading permit, the property owner shall dedicate
development rights on approximately 1 123 acres of land (drown oil Exhibit B
to the October- 27, 1998 Board Carder- with the inclusion of approximately 80
acres of land generally following the 450-foot contour line on the south side
of Deer- Valley), except for- the construction of the golf course and ancillary
uses permitted by County File 4LP982030 subject to the review and approval
of the County Zoning. Administrator-, A 20-foot wide floating multi-use trail
easement shall be dedicated along the southern border and western border of
the property to Black Diamond Mines. Tire precise location of the easement
shall be deterrnined upon designation of adjacent property trail connections.
The dedication of development rights shall run with the land and shall be
dedicated to the County and the California Department of Fish & Game. If the
California Department of Fish & Game does not accept the development
rights, then it shall be dedicated to the Contra Costa County Agricultural Trust.
Public Works Conditions
LP982030 & RZ983058
Applicant shall comply with the requirements of Title 8, Title 9 and Title 10 of the
Ordinance Code. Any exceptions must be stipulated in these Conditions of Approval.
Conditions of Approval are based oil the facilities plan submitted ori May 20, 1998.
COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO
ISSUANCE OF A BUILDING PERMIT OR INITIATION Of APPROVED USE.
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General Requirements:
56. Applicant shall submit improvement plans prepared by a registered civil
engineer to Public Works and pay appropriate fees in 'accordance with the
County Ordinance and these conditions of approval. The following conditions
of approval are subject to the review and approval of Public Works except
where specifically noted.
Exceptions from the Ordinance Code:
57. Applicant is permitted an exception from the drainage requirements of the
Ordinance Code for subdivision of this property where the drainage pattern is
maintained and no additional concentrated flow is discharged onto adjacent
property. Subject to the review and approval of Public Works, the applicant
shall be required to collect and convey in accordance with the Ordinance
where there is a diversion of additional stormwater, where the drainage pattern.
is changed, and/or where there are additional concentrated flows to adjacent
property.
Roadway Improvements:
58. A. Applicant shall widen Deer Valley Road within 350-feet of each side
of the golf course entrance to provide at least a 16-foot half width,
widening the road to at least a 28-foot width to County public road
standards including necessary longitudinal and transverse drainage.
Vertical and horizontal alignment shall be subject to Public works
review and the review and approval of the Zoning Administrator.
B. Property owner shall execute a deferred improvement agreement to
install necessary longitudinal and transverse drainage, and construct
interim pavement widening along beer Valley Road from Balfour Road
to Empire Mines Road. Applicant shall widen this portion of Deer
Valley Road roadway to at least a 5.5 meter (1.8-foot) half width
measured from the ultimate centerline, widened to at least an 8.5 meter
(28-foot±) total width.
At the time the deferred improvement agreement is called up, applicant
shall submit improvement plans, prepared by a registered civil
engineer, to Public Works and pay appropriate fees in accordance with
County Ordinance and this deferred improvement'agreement.
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Access to the Roddy Ranch Golf Course:
59. The applicant shall construct a 7.3 meter (24-foot±) road with 0.6 meter (2-
foot±) shoulders from Deer Valley Road to the Roddy Ranch golf course prior
to issuance of a Building Permit or initiation of this use. The roadway shall be
constructed in accordance with private rural road design standards (copy
attached). This property is located in a State Responsibility Area, moderate
fire hazard area.
Access to Adjoining Property:
Proof of Access
60. Applicant shall furnish necessary tights of way, rights of envy, permits and/or
easements for the construction of off-site. temporary or permanent, public and
private road and drainage improvements.
Encroachment Permit
61. Applicant shall obtain an encroachment permit from the Application and
Permit Center, if necessary, for construction of driveways or other
improvements within the right of way of beer Valley Road.
Site Access
62. Access is only permitted at the location shown on the June 30, 1998 Mass
Grading Plan.
Sight Distance:
63. Applicant shall provide adequate sight distance at the proposed Deer Valley
Road access to the Roddy Ranch golf course for a design speed of 90
kilometer per hour (55 miles per hour).
64. All trail and golf cart crossings of public roads shall be designed for proper
stopping sight distance.
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Drainage Improvements.
65. The applicant shall collect and convey all stornnwater- entering and/or
originating on this property, without diversion and within an adequate storm
drainage facility, to a natural watercourse having defined bed and banks, or to
an existing adequate public storm drainage facility which conveys the storm
waters to a natural watercourse, in accordance with Division 914 of the
{ordinance Code. The applicant may have an exception from this requirement
where the existing drainage pattern is maintained and where the volume of
concentrated run-off to adjacent property is not increased. Diversions of
drainage are subject to the review and approval of the Contra Costa Flood
Control and Water Conservation District. Where the applicant is: modifying
the drainage pattern with or without diversion; increasing the area of
impervious surface; or, where lie is increasing the volume of concentrated
storm water- run-off onto adjacent property, the applicant shall collect and
convey in accordance with Title 9 of the Ordinance Code, or subject to review
and approval of Public Works Engineering Services, shall mitigate the
project's drainage impacts in some other manner.
National Pollutant Discharge Elimination System Requirements.
66. The applicant shall be required to comply with all rules, regulations, and
procedures of the National Pollutant Discharge Eliminations System (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 1.I or Central Valley
Region - Region V).
Prior to issuance of a Building Permit or initiation of the proposed use,
applicant shall develop a comprehensive storm water duality plan for the
reduction of storm water pollutants applying the following performance
standard: implementation of the project will not degrade water duality in the
downstream creeks such that beneficial uses identified by the Regional Water
Quality Control Board would be impaired or precluded. This plan and project
design shall incorporate sorne or all of the following long-term Best
Management Practices (BMP's) in accordance with the Centra Costa County
Clean Water Program for the site's storm water drainage.'
Install pavers in parking spaces and/or walkways where feasible.
- Minimize the amount of directly connected impervious surface area.
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Stenciling all stor€n drains with "No Dumping, Drains to Delta" using
thermoplastic tape.
Mitigation from additional reports and information required in these
conditions of approval.
_ 67. In addition to the above NPDES mitigation, the applicant shall be required to
submit the following additional information and implement recommended
mitigation subject to the review of Public Works and the review and approval
of the Zoning; Administrator:
Fond construction and maintenance criteria and a pond management
program prepared by a professional limnologist for review by Public
Works and the review and approval of the Zoning; Administrator. The
program shall specifically address control and removal of unwanted
vegetative growth. Ponds shall be approximately 2'A meter (8-feet±)
deep, shall be lined, experience high turnover rates and be drawn down
frequently to minimize or avoid undesirable vegetative growth.
Consideration shall be given to steep banks to a 0.6 meter (2-foot±)
depth to reduce the growth of aquatic plants along the banks of new
ponds or lakes.
- Prepare final "Golf Course Operation Guidelines" (Guidelines) subject
to the review and approval of the Zoning Administrator. The
Guidelines shall include items incorporated into the mitigated negative
declaration under water quality. Guidelines shall also include site
specific performance standards and the management of irrigation, pest
control, weed control and turf fertilization. The Guidelines shall also
include appropriate mitigation from the Santa Clara County
Environmental/Design Guidelines for Golf Courses.
- Water Quality Marragernent Plan prepared by a hydrologist specializing
in water quality management. The Plan shall specify performance
standards and a monitoring program. Baseline studies shall be
conducted. Water quality within the on-site irrigation',ponds and water-
well, and offsite downstream wetland and pond area within the Roddy
Ranch shall be periodically tested for changes in water quality that
could adversely affect plant and animal life. if adverse changes are
detected (standards are exceeded), then management practices shall be
adjusted accordingly. A contingency plan for treatment shall be
described.
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68. Prepare a Storm Water Pollution Prevention Plan (SWPPP) prior to issuance
of Building Permits in accordance with the NPDES program and the mitigated
negative declaration for this project.
Metric Units.
69. All first check submittals and accompanying calculations, including
subdivision grading plans, improvement plans, hydrology and hydraulic maps,
right of way plat snaps 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.
MS960006
Applicant shall comply with the requirements of Title 8, Title 9 and Title 10 of the
Ordinance Code. Any exceptions must be stipulated in these Conditions of Approval.
Conditions of Approval are based on the Vesting Tentative Map submitted on July 7,
1998.
COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO
FILING OF THE PARCEL MAP FOR SUBDIVISION MS 98-0006:
General Requirements.
70. Applicant shall submit improvement flans prepared by a registered civil
engineer to Public Works and pay appropriate fees in accordance with the
County Ordinance and these conditions of approval. The fallowing conditions
of approval are subject to the review and approval of Public Works.
Exceptions from the Ordinance Code:
_ 71. Applicant is permitted an exception from widening of Deer Valley Road south
of Balfour Road, Chadbourne Road and Empire Mines Road at this time.
72. Applicant is permitted an exception from the drainage iequireinents of the
Ordinance Code for subdivision of this property, provided that the drainage
pattern is maintained and no additional concentrated flow is discharged onto
adjacent property. Drainage iinprovenients may be required with further
developinent or rezoning of this property. Drainage requirements will be
required for the access road proposed to be constructed to serve Parcel A.
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Road Improvements:
73. Applicant shall construct necessary longitudinal and transverse drainage and
pavement widening along the frontage of Deer Valley Road north of Balfour
Road to provide at least a 5.5 meter (18-foot±) half width widened to provide
at least an 8.5 meter-(28-foot±) total width along the frontage of this property.
The 5.5 meter (18-foot±) half-width shall be measured from the ultimate
centerline of Deer Valley Road.
Access to Adjoining Property:
Proof of Access
74. Applicant shall furnish necessary rights of way, rights of entry, permits and/or
easements for the construction of off-site, temporary or permanent, public and private
road and drainage improvements.
Encroachment Permit
75. Applicant shall obtain an encroachment permit from the Application and
Permit Center, if necessary, for construction of driveways or other
improvements within the right of way of Deer Valley Road.
Sight Distance:
76. Applicant shall. provide adequate sight distance at the proposed Deer Valley
Road access to Parcel A for a design speed of 90 kilometer per hour(55 miles
per hour)
Slope Easements:
77. Applicant shall provide slope easements along the portion of Empire Mines
Road frorn Deer Valley Road to 400 meter (one-quarter-, of a mile±) to the
west, as needed to provide adequate room to widen Empire Mines Road to it's
ultimate width without construction of retaining walls.
Metric Units:
78. All first check submittals and accompanying calculations, including
subdivision grading plans, improvement plans, hydrology and hydraulic maps,
right of way plat maps and descriptions will be in metric units. Exceptions
18
may be permitted by the Public Works Department, Engineering Services
Division, based upon evidence of substantial hardship.
PRIOR TO ISSUANCE OF A BUILDING PERMIT THE APPLICANT SHALL:
Access to Parcel A.
79. The applicant shall construct a 6.0 meter- (20-foot±) road with 0.6 meter (2-
foot±) shoulders from Deer Valley Road to Parcel A prier to issuance of a
Building Permit on either parcel. The roadway shall be constructed in
accordance with the requirements for private rural road design standards (copy
attached). The applicant shall record a deed notification informing future
buyers of this requirement. This property is located in a State Responsibility
Area, moderate fire hazard area. Development of a golf course on Parcel will
require additional widening; of tills roadway.
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 should be aware of the expiration dates and renewing, requirements
prior to recording; the Pat-eel Map.
B. Comply with the requirements of the Contra Costa County Consolidated Fire
Protection District.
C. Comply with the requirements of the Health Set-vices Department - Environmental
Health Division & Hazardous Materials Division,
D. Comply with the requirements of the Building Inspection Department. Building,
permits are required prior to the construction of most structures.
..........................................................I........................11........................................................................................
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E. This project may be subject to the requirements of the Departrn.ent of Fish & Game.
It is the applicant's responsibility to notify the Department of Fish & Game, P. 0.
Box 47, Yountville, California 94599, of any proposed construction within the
development that may affect any fish and wildlife resources, per the Fish & Game
Code.
F. This project may be subject to the requirements of the United States 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. Payment of Fish. & Game Fee: The applicant is required to pay an environmental
review fee of$ 1250 for the Department of Fish & 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; nor may the County post a Notice of Determination 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.
H. NPDES Requirements: Tile applicant shall be required to comply with all rules,
regulations and procedures of the National Pollutant Discharge Elimination System
(NPDES) perillit for municipal, construction and industrial activities as promulgated
by the California State Water ReSOL11-CeS Control Board or any of its Regional Water-
Quality
aterQuality Control Boards (San Francisco Bay - Region 11 or Central Valley - Region V).
1�
1. Applicant will be required to comply with the requirernents of the
Bridge/Thoroughfare Fee Ordinances for the East County Area of Benefit Fee and the
Eastern Contra Costa Transportation Mitigation Fee Area of Benefit as adopted by
the Board of Supervisors.
J. The applicant shall be required to cornply with the drainage area fee requirements for
Drainage Area 104 and 105 as adopted by the Board of Supervisors.
. ...........................11.......... ............
4
20
K The project lies within the Special Flood Hazard Are (SFHA) 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 Floodplain
Management Ordinance (Ordinance No. 96-11) as they pertain to future construction
of any structures on this property.
AMB/aa
R.Z/3058-RZc.AMB
9/l/98
9/14/98 - EC (a)
10/27/98 - BS (a)