HomeMy WebLinkAboutMINUTES - 10191999 - D5 _. __.... . ._....... ......... ._....._. ......... ........................
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TO. BOARD OF SUPERVISORS
Contra
FROW DENNIS M. BARRY, AICD Saw Costa
COMMUNITY DEVELOPMENT DIRECTOR County
SAAf��l eq
DATE. October 1 2, 1999
SUBJECT: Adopt the findings and approve the vesting tentative map request to subdivide 4
acres of land into 6 lots. (County file 13988163) Subject property is addressed
1106 Danville Boulevard in the Alamo area.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
A. Adopt the findings contained in Exhibit A for approval of the vesting tentative
map request to subdivide 4 acres of land into 5 lots.
B. Approve the mitigated negative declaration prepared for the project and adopt the
mitigation monitoring program contained in Exhibit C.
C. Approve the vesting tentative map request with the attached Conditions of
Approval contained in Exhibit B.
D. Direct the Community Development Department to file the Notice of Determination
with the County Cleric.
z
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COMY"ADMIMSTRATOR _ RECOMMENDATION OF BOARD Coed# E
APPROVE OTHER
SIGNATURE(S):
ACTIONOFBOARDON October 19 , 1999 APPROVED AS RECOMMENDED XX; OTHER
VOTE of SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
xxx_UNANIMODS(ABSENTAl-LI) CORRECT COPY of AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES of THE BOARD OF
ASSENT: ABSTAIN SUPERVISORS ON THE DATE SHOWN
Contact: Aruna Bhat 925-335-1219 ATTESTED O c t o b e —12 p 1222
cc: Community Development Department(CDD) PHIL BATCHELOR, CLERK OF THE BOARD OF
DeBot Civil Engineering SUPERVISORS AND COUNTY ADMIN€€NISTRATOR
Emerald SV_ LLC
-Mark Armstrong 11E m -Jowl
Public Warks R ,DEPUTY
AMS/mp
HJrnp/'bcard crdersi sdg88163
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County File#S®988163
Bawd of Supervisors
October 12, 1999
Page 2
FISCAL IMPACT
The applicant is responsible for paying processing costs of this application,
BACKGROUND REASONS FOR RECOMMENDATIONS
The Board took testimony on September 14, 1999, closed the public hearing, declared the
Board's Intent to approve the subdivision for 5 lots with modified conditions of approval and
directed staff to bring it before the Board on October 12, 1999 for adoption of findings and final
conditions.
The applicant submitted revised drawings for a 5 lot subdivision on October 5, 1999, The
width of the access easement on the north has been increased to 56 feet from 46 feet. The
proposed layout does not require lot width variances for any of the lots. All the proposed lots
meet the minimum lot area and lot depth requirements for the R-20 zone.
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you,ty File#SD988163
Board of Supervisors
October 12, 1999
Page; 3
T
Findings
Contra Costa County
r 12, 1999
Vesting Tentative Map File #SD988163 (Subdivision 8163)
Gene DeBolt (Applicant)
Emerald Hames SVLT LLC (Owner)
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County File#sD988183
Board of Supervisors
October 12, 1999
Page 4
General Considerations
A. Reliance on Record
Each and all of the findings and determinations contained herein are based on
the competent and substantial evidence, both oral and written, contained in the
entire record relating to the Project and constitute the independent findings and
determinations of this Board.
B. Nature of Findings
This Board intends that these findings be considered as an integrated whole,
whether or not any part of these findings fail to cross-reference or incorporate by
reference any other part of these findings. If any required finding is contained
in any portion of this findings document, it shall be deemed to have been
satisfied.
The Board of Supervisors has independently reviewed, analyzed and considered
all the documents and other materials included in the administrative record of
these proceedings. All findings of the Board shall be deemed made regardless
of where they appear in the record and are not limited to the foregoing findings.
C. Access
The Board of Supervisors accepts the professional analysis and determination
of the Community Development Department and the Public Works Department
that the,proposed northerly access on the approved tentative subdivision map
is preferred over alternative access locations on this property.
D. Environmental Determination
There is substantial evidence in the record to support the recommendation by
the Community Development Department and the determination of the Board of
Supervisors to adopt a Negative Declaration of Environmental Significance. The
mitigation measures that have been incorporated into the subdivision conditions
of approval reduce any project impacts to a less than significant level. This
subdivision is a separate project from the proposed YMCA facilities project'.
Following submittal of the YMCA application, that project has been analyzed as
part of this subdivision's potential cumulative impacts. Cumulative impacts
remain less than significant. The private grant of easement by Emerald Domes
to the lilt. Diablo Region YMCA is not subject to project approval by the County
of Contra Costa. The Board of Supervisors accepts the determination of the
Public Works Department that the subdivision project traffic and circulation
impacts Danville Boulevard, including cumulative impacts, will be less than
significant, provided that minor safety and capacity improvements to Danville
Boulevard (e.g., dual left-turn lane) are included in the evert of any YMCA
project approval. Such improvements are not necessary for access to this
subdivision of five lots. The details of any such minor Danville Boulevard safety
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Counity File#SD988163
Boazd of Supervisors
October 12, 1999
Papp; 5
and capacity improvements and the scope of the YMCA project will be addressed
during the application process for the YMCA project. The Board rejects the
determination and reasoning of the San Ramon Valley Regional planning
Commission that an environmental impact report is required to analyze the
environmental impacts of this proposed subdivision, including its cumulative✓
project impacts.
The Board of Supervisors has considered and accepts the professional analyses
and determinations of the Community Development Department and the Public
Works Department with respect to the subdivision as proposed and as approved,
its design, its individual and cumulative project impacts and the appropriate
scope of its planning and environmental review, as set forth both orally at public
hearings and in written staff reports, as well as the analyses and determinations
consistent therewith by the owner's professional consultants. The Shard of
Supervisors concludes that all such analyses and determinations provide
substantial evidence to support the decision to approve this five-lot subdivision
as designed, to mare the findings for its approval and to determine the
appropriate scope of its environmental review.
The published Negative Declaration identified three potentially significant
impacts geological problems, flooding and noise impacts. The mitigation
measure to address the geological problems is as follows: creek bank areas
shall be regraded and protected with a combination of vegetation covering and
erosion control armor as recommended in the ENGEO Report dated June 19,
1998. Said mitigation measure is hereby adopted by the Board of Supervisors
and with that mitigation any geological impact is reduced to a level of less than
significant.
As to the potential noise impact, the mitigation measure is as follows:
construction of the heavy timber wall with two-inch thick tongue-and-groove, six
feet above the surface elevation of Danville Boulevard along the western
property line extending 75-feet along the southern property line of the site and
reduction of the interior noise levels to 45 dBA through construction techniques.
Said mitigation measure is hereby adopted by the Boardof Supervisors. With
this mitigation, noise impacts are reduced to a level of less than significant.
To address the flooding impacts; the mitigation measure is as follows: elevate
the floor levels of proposed structure on lot numbers 4, 5 and B above the flood
plain and obtain a flood plain permit from the County. With the revised
subdivision, this mitigation measure affects new lots 4 and 5 only. With that
change, said mitigation measure is hereby adopted by the Board of Supervisors.
With this mitigation, any flood impacts are reduced to a level of less than
significant.
Changes in the subdivision and circumstances with respect to the subdivision,
including the submittal of the YMCA project application, since the publishing of
the Negative Declaration do not result in any new potentially significant impacts.
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County File#5 888163
Bow-d of Supervisors
October 12, 1999
Page 6
E. Pending YMCA Application
Contra este County retains its discretion and authority to approve,
conditionally approve, modify or deny the pending YMCA project application,
as well as to determine the appropriate scope of planning and environmental
review for that application.
Il. Findings for Approval of the Vesting Tentative Map
The five-lot subdivision is approved based on the findings required per Article 94-2.306
of the County Code and Government Code 56473.5. The subdivision is substantially
consistent with the Contra Costa County General Plan, its policies and provisions and
with the R-20 zoning district. There is no specific plan adopted for this area of the
County. Concerns of the adjoining and other neighbors have been reasonably
addressed through buffers, subdivision design and subdivision conditions.
In approving the five-lot vesting tentative reap to subdivide four acres in the Alamo
area located at 1106 Danville Boulevard, the Board of Supervisors rakes the
following findings.
A. None of the grounds for denial of the five-lot tentative map, which grounds are
set forthin Government Code 66474, are applicable here. There is no
substantial evidence in the record to make any of the seven findings set forth
in Section 66474.
1) The proposed reap is consistent with the Contra Costa County General
Plan. There is no specific plan applicable to this property. Each lot is
at least 20,000 square feet in size, the midrange of the density
authorized by the General flan for this property. The five-lot tentative
map is not inconsistent with any development policies in the General
Plan, including the Growth Management Element. The lot sizes are
consistent with existing lots in the neighborhood.
2) The design and improvement of the proposed subdivision is consistent
with the Contra Costa County General Flan. The creek setback
requirements on the map and in the conditions of approval and other
features of the subdivision design provide for creek and creek bank
protection consistent with the policies in the General Plan. Subdivision
access is not inconsistent with any provisions in the General Plan with
aspect to the protection and enhancement of Danville Boulevard as a
scenic route (see General Plan at pages 5-30 through 5-32). The
requirements for structure setbacks, that the homes on the two lots
next to Danville Boulevard be single-story and no more than twenty-
four feet in height and that the fence along Danville Boulevard be of
heavy timber construction provide sufficient scenic and aesthetic
protection along Danville Boulevard. Domes back up to Danville
Boulevard elsewhere along it, This subdivision design is not
inconsistent with aesthetic qualities along this scenic route or with
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County File#SD988163
Board of Supervisors
October 12, 1999
Page 7
some of the other existing subdivisions along Danville Boulevard.
Potential use of this subdivision access by a reasonable level of
development on the YMCA property across San Ramon geek may be
accommodated with minor improvements to Danville Boulevard to
provide additional safety and increased capacity. 'Danville Boulevard
will remain a two-lane road, with only potential restriping of the road it
the area of Hemme Avenue and this property to provide for improved
left turn movements (see Policy 3-140 at page 3-62 of the General
Plan) in the event of a YMCA project approval. Suffers along the north
side of the property will reasonably protect the two adjoining homes.
3) This site is physically suitable for the type of development that is
proposed. The site is essentially flat and can reasonably
accommodate a five-lot subdivision without variances and with
reasonable access by a northerly private roadand cul-de-sac.
4) The site is physically suitable for the proposed density of development.
Five lots on this flat site can be reasonably accommodated without
variances to lot size, lot width, structure setbacks or otherwise and with
the access as proposed.
5) The design of the subdivision or its proposed improvements are not
likely to cause environmental damage and avoidably injure fish or
wildlife or their habitat. There is no evidence to the contrary, Creek
protection provisions have been incorporated in the subdivision
through its conditions of approval and the subdivision design. The
noise mitigation provisions in the General Plan are addressed by the
private road and cul-de-sac design, a heavy timber, sound attenuation
wall along Danville Boulevard and sound attenuation walls along the
northerly private access road.
6) The design of the subdivision or the type of improvements is not likely
to cause serious public health problems. There is no evidence to the
contrary.
7) The design of the subdivision or the type of improvements will not
conflict with easements acquired by the public at large, for access
through or use of, property within the proposed subdivision. There are
no such easements applicable here.
B. Pursuant to Government Section 66474.6 the Board of Supervisors finds that
there is no violation of existing requirements for water quality,
FINDINGS AND CONDITIONS OF APPROVAL FOR SUBDIVISION 8163 AS
APPROVED BY THE BOARD OF SUPERVISORS ON OCTOBER 19, 1999
Findings
A. Growth Management Element Performance Standards Findings
1. Traffic: The project as proposed will generate approximately 5 additional A.M.
and P.M. peak hour trips.
2. Water: The project is located within the service area of the East Bay Municipal
Utility District. The applicant will be required to comply with the District
regulations and pay appropriate fees.
3. Sanitary Sewer: The project is within the sphere of influence of the Central
Contra.Costa County Sanitary District. The property is required to be annexed
into the District prior to recording the final map.
4. Fire Protection: The subject property is located approximately 2.1 miles from
the nearest fire station and fire sprinkler system will be required for all
proposed residences.
5. Public Protection: Prior to filing the final map, the projectproponent will be
required to apply for inclusion within a police service district.
6. Parks & Recreation: The Growth Management Element requires neighborhood
parks of 3 acres per 1.000 population. The proposed subdivision will be
required to pay a park dedication fee of$2,000/unit.
7. Flood Control& Drainage: The project will be required to meet all collect and
convey requirements.
(Deference the Growth Management Element, Chapter 4, of the General Plan.)
B. Findings to Approve a Tentative Map
1. Required Finding: The advisory agency (Planning Commission/Zoning
Administrator) shall not approve a tentative map unless it shall find 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.
Project Finding: The proposed subdivision provides for a residential project
with a residential product that will be visually compatible with the surrounding
community. The average lot size will exceed 20,000 square feet. The
proposed development restrictions, and residential design as conditioned will
allow for compatibility with the surrounding residential neighborhood.
(Deference Section. 94-2.806 of the County Code)
CONDITIONS OF APPROVAL,
1. This approval is based upon the following documents received by the
Community Development Department:
A. Modified revised vesting tentative map, SD 163 dated received
by the Community Development Department on October 5,
1999.
B. Geotechnical report prepared by Engeo dated April 20, 1995.
C. Engeo, Inc. Report on creek bank erasion assessment dated.lune
19, 1998.
D) Archaeological assessment prepared by William Self Associates
dated received by the Community Development Department on
April 28, 1998.
E. Traffic impact analysis prepared by Abrams Associated dated
June 16, 1998.
F. Acoustical report prepared by Wilson, Ihrig and Associates
dated June 22, 1998.
2. All building setbacks shall be measured from the edge of the access
easement.
3. All habitable structures located within the flood zone shall be required
to elevate the finished floor elevations of the buildings above the flood
plain elevation.(plus freeboard) or flood proof as per the Contra Costa.
County Floodplain Ordinance.
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4. The creek bank areas shall be regraded and protected with a
combination of vegetation covering and erosion control armor as
recommended in the Engeo report dated June 19, 1998. The applicant
shall obtain appropriate permits from the variousagencies prior to
commencing any work within the creek bank areas.'
The applicant shall obtain a building permit and construct a heavy
timber wall with 2" thick tongue-and-grove, 6-feet above the surface
elevation of Danville Boulevard along the western property line and
extending 35-feet along the southern property line of the site. The wall
shall be constructed prior to granting occupancy for any residence
within the subdivision.
6. The interior noise levels for all proposed residences shall be reduced to
45 d BA through construction.techniques.
7. Should archaeological materials be uncovered during grading, trenching
or other on-site excavation(s), earthwork within 30 yards of these
materials shall be stopped until a professional archaeologist who is
certified by the Society of professional Archaeology (SOPA) has had
ars opportunity to evaluate the significance of the find and suggest
appropriate m.itigation(s), if deemed necessary.
8. Comply with the following construction., noise; dust and litter control
requirements:
A. All construction activities, including such', things as power
generators, shall be limited to the hours of 7:30 A.M. to 5:30
P.M., Monday through. Friday, and shall be prohibited on State
and Federal holidays.
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 owner of property
within 300 feet of the exterior boundary of the project site
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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
dent at all times and shall consist of persons with authority to
indicate and implement corrective action in their area of
responsibility. The names of the individual responsible for
noise and litter control shall be expressly identified in the
notice.
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. The 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..
E. The applicant shall make a good faith effort to avoid interference
with existing neighborhood traffic flows. This shall include
provision for an on-site area in which to park earth moving
equipment.
F. Transporting of heaving equipment and trucks shall be limited
to week days between the hours of 9:00 A.M. and 4:00 P.M. and
shall be prohibited on weekends and holidays.
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.
R The project shall comply with the dust control requirements of
the Grading Ordinance including provisions;pertaining to water
conservation.
9. Pursuant to Govenument Code Section 66474.9, the applicant(including
the subdivider or any agent thereof) shall defend, indemnify, and bold
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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 snap 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.
10. Prior to recording the final map, the applicant shall provide a deed
notification to the buyers that an access easement is provided on the
northern side of the property to the YMCA property on the east side.
11. The project proponent shall provide deed disclosure to the prospective
buyers of the property that the schools in the, Alamo area are
overcrowded and area residents may not be able to go to neighborhood
schools. The deed disclosure shall be subject to the review and
approval of the Zoning Administrator prior to recording the final snap.
12. Deed Disclosure of the Availability of the .Geotechnical Report:
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.
13. Pg3ment of Argy Supplemental Application l'rocessirig Fees Which Are
I3ue: This application is subject to an initial application fee of
$6,600.00 which was paid with the application subn ttal, 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
permit effective date or prior to use of the permitwhichever occurs
first. The fees include costs through permit issuance plus five working
days for file preparation. The applicant may obtain current costs by
contacting the project planner. If the applicant owes additional fees, a
bill will be sent to the applicant shortly after permit issuance.
14. Creekbed Restoration/Enhancement flan: The applicant shall submit
a creekbed restoration and enhancement plan for the disturbed areas.
The Flan shall be prepared by a qualified riparian horticulturalist for
the review and approval of the Zoning Administrator. The plan shah
provide for retention of existing indigenous plant species; removal of
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existing exogenous plants; and new plantings of indigenous plant
species within the area of the site that lies within the existing creekbed.
The plan shall be accompanied by:
A. An estimate prepared by a qualified riparian horticulturalist or
a licensed landscape contractor of the materials and labor casts
to complete the improvements on the plan.
B. 12e aired Security to Assure the .. letion of Plan.
IMprovements: prior to issuance of a gradings permit or building
permit, the applicant shall submit a security (e.g., bond, cash
deposit) that is acceptable to the Zoning Administrator. The
bond shall include the amount of the approved costs estimate,
plus a 20%inflation surcharge. Until evidence is submitted that
the applicant has satisfactorily installed the required
improvements, the County may hold the security for up to a year
following the completion of approved improvements.
C. InitialFee Deposit for Processirig a Security: The County
ordinance requires that the applicant pay fees for all time and
material costs of staff for processing a landscape improvement
security (Code S-{160B). At time of submittal of the security,
the applicant shall pay an initial deposit of$100.
Prior to seeking final inspection for any building permit, the applicant's
riparian horticulturalist shall inspect the site and notify the Community
Development Department in writing when the approved landscape
improvements have been completed.
15. Submit a street tree planting plan prior to recording the final map. A
minimum of 2 street tree/lot, 15-gallon size trees shall be planted.
Landscaping shall conform to the County Nater Conservation
Landscape Ordinance 82-26 and shall be installed prior to approval of
final building permit.
16. Prior to recording the final asap, the applicant shall provide evidence
to the Zoning Administrator that the property has been annexed into the
Central Contra Costa Sanitary District.
17. The owner of the property shall participate in the provision of funding to
maintain and augment police services by voting to approve a special tax for
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the parcels created by this subdivision approval. The fax shall be the per
parcel annual amount (with appropriate future CPI adjustment) then
established at the time of voting by the Board of Supervisors. The election to
provide for the tax shall be completed prior to the filing of the Final Map, The
property owner shall be responsible for paying the cost of bolding the election,
payable at the time that the election is requested by the owner.
18. The details of the design, location, color and type of materials for
masonry walls shall be submitted for the review and approval of the
Zoning Administrator at least 30 days prior to requesting the recording
of the Final :Map.
19. In order to maintain adequate rear yard useable areas for pools, patios
and appurtenant structures outside the creek setback areas on lots 4 and
5 of 513988 163, a deed restriction shall be recorded on each of these
lots requiring that the building footprint for the residence, and any
subsequent additions thereto, shall be setback at least 30 feet from the
creek structure setback line on the lot along tyro-thirds of its length and
at least 15' along the remaining one-third of its length. The deed
restriction and development rights shall be identified in a note on the
final subdivision map and shall be subject to the review and approval
of the Zoning Administrator.
20. The homes proposed on Lot 1 and Lot 2 shall be limited to single-story
with a maximum height not to exceed 24 feet. A deed disclosure and
a note on the final subdivision map shall inform all future buyers of Lot
1 and Lot 2 of this restriction. These two restrictions are enforceable
by Contra Costa County, unless exceptions or modifications to the
restrictions are approved by the Board of Supervisors.
21. Construction and improvements within the northerly 25 feet of Lot 5
next to adjoining assessor's parcel number 197-040-015 shall be limited
to landscaping, a pedestrian and bicycle path, lighting, underground
utilities, fence, wall, curb and grading. A note shall be included on the
final subdivision map and a deed restriction in favor of Contra Costa.
County shall be recorded setting forth this restriction. The note and
deed restriction shall state that the restriction applies to all future
owners of Lot 5 and is enforceable by Contra. Cost: County unless an
exception or modification to the restrictions is approved by the Board
of Supervisors.
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Public Works Conditions
In accordance with Section 92-2.006 of the Ordinance Code, this subdivision will
conform to all applicable provisions of the Subdivision Ordinance (*Title 9)o Any
exceptions therefrom must be specifically listed in this conditional approval statement.
The drainage, road and utility improvements outlined below shell require the review and
approval of the Public Works Department and are based on the revised 'Vesting
Tentative Map dated October S, 1999, which incorporates the direction given by the
Board on September14, 1999.
COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO
PILING A FINAL MAP:
General:
22. 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. Compliance with the following
conditions of approval will be determined by the Public Works Department.
Frontage Improvements:
23. The applicant shah construct necessary longitudinal and transverse drainage along the
frontage of Danville Boulevard. The applicant is granted an exemption from
installation of other frontage improvements along Danville Boulevard. Alamo
residents have expressed concernfor maintaining Danville Boulevard in its present
state, and on this basis only drainage improvements are required.
Access to Adjoining Property:
24. The 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.
25. The applicant shall only be permitted access to Danville Boulevard at the location of
"Court A" shown on the Vesting Tentative Map. The applicant shall relinquish all
other access rights to Danville Boulevard, including those of the existing southerly
driveway.
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26. The applicant shall obtain an encroachment permit from the Application and Permit
Center, if necessary, for construction of driveways, road returns, swales or other
improvements within the right of way of Danville Boulevard.
27. The applicant shall provide deed notification to all lots in the subdivision that an
extension to "Court A" is planned though the northern portion. of Lot 5. The
applicant shall install signage at the location of the proposed road to inform
prospective property owners that is may be extended in the future.
Intersection Design/Sight Distance:
28. The applicant shall grade, trim vegetation and widen pavement as necessary, and align the
proposed "Court A" to provide sight distance for a design speed of 72.5 kilometers per hour
(45± miles per Dour) on Danville Boulevard.
Private Roads:
29. The applicant shall construct "Court A" to current County private read standards. "Court A"
in front of Lots 1, 2, 4 and 5 it shall have a minimum width of 6.I±m(20-feet)with two 2.4±
(8-foot) parking hays within a 12.2±m (40-foot easement). "Court A""northwest of Lot I
shall include standard curb and gutter, and have a minimum width of 7.3 fm(24 feet) curb to
curb in a 17.1+m (56-foot) easement. The distance between the path and the back of curb
shall be a minimum of 1.2±m (4 feet).
30. The applicant shall construct a paved turnaround at the end of the proposed private road.
Road Dedications:
3 i. The applicant shall convey to the County, by Offer of Dedication, a 0.91----m (3-foot) strip
along the frontage of Danville Boulevard,
Street Lighting:
32. The property owner shall apply for annexation to County Service Area L-100 Lighting
District by submitting a letter of request and a metes and bounds description, and by paying
the current LAPCD fees. Annexation shall occur prior to filing of the Final Map. The
applicant shall be aware that this annexation process must comply with State Proposition 218
requirements, which state that the property owner must bold a special election to approve the
annexation. This,process may take 4 to 6 months to complete.
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Bicycle- Pedestrian Facilities:
33. The applicant shall design all public and private pedestrian facilities in accordance with'Title
24 (Handicap Access) and the Americans with Disabilities Act,
34. The applicant shall construct a 2.4-m(8-foot)AC path adjacent to the portion of"Court A"
northwest of Lot 1.
Ut€cities/ ndergr°o€rnd:
35. All new utility distribution services shall be installed underground.
Maintenance of Facilities:
36. The property owner shall record a Statement of Obligation in the form of a deed notification,
to inform all future property owners of their legal obligation to maintain the private roadway.
Or, the property owner shall develop and enter into a maintenance agreement that will insure
that the proposed private road will be maintained, and that each lot in this subdivision that will
use the proposed private road will share in it's maintenance.
Soundwail:
37. Any acoustical analysis shall be based on ultimate road widening and ultimate traffic levels
under the General plan. The applicant shall install any required soundwalls outside of the
public road right of way.
Drainage Improvements (Collect and Convey):
38. The applicant shall collect and convey all stormwater entering and/or originating on this
property, without diversion and within an adequate storm drainage facility, to an adequate
natural watercourse having definable bed and banks, or to an existing adequate public storm
drainage facility which conveys the storm waters to an adequate natural watercourse, in
accordance with Division 914 of the Ordinance Code.
Miscellaneous Drainage Requirements:
39. The applicant shall design and construct all storm drainage facilities in compliance with the
Ordinance Code and Public Works Department design standards.
40. The applicant shall extend the proposed drainage system to the intersection of Danville
Boulevard and "Court A" to collect longitudinal drainage along the frontage of Danville
Boulevard.
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41. To reduce the impact of additional storm water run-off from this development on San Ramon
Creek, 0.76± cubic meters(one cubic yard)of channel excavation material will be removed
from the inadequate portion of San Ramon Creek for each 4.6± square meters (50 square
feet)of new impervious surface area created by the development. All excavated material shall
be disposed of off-site by the developer, at this cost. The site selection, land rights, and
construction staking will be by the Flood Control District.
Upon written request,the applicant may make a cash payment in lieu of actual excavation and
removal of material from the creek. The cash payment will be calculated'''at the rate of$1.08±
per square meter ($0.10 per square foot) of new impervious surface area created by the
development. The added impervious surface area created by the development will be based
on the Flood control District's standard impervious surface area ordinance, The Flood
Control District will use these funds to work on the creek annually.
42. A portion of the project is located in a Special Flood Hazard Area as designated on the
Federal Emergency Flood Rate Maps. The applicant should be aware of the requirements so
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.
43. The applicant shall prevent storm drainage from draining across sidewalks and driveways in
a concentrated manner.
44. The applicant shall dedicate a public drainage easement over any drainage system that conveys
storm water run-off from public streets.
Creek Structure Setbacks:
45. The applicant shall relinquish "development rights" over that portion of the site that is within
the structure setback area of San Ramon 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 fights" shall be conveyed to the County by grant
deed.
46. The applicant shall provide complete water surface and topographic information (including
thalweg, toe and top of the creek), for use in determining the creek structure setback. This
information will be used to accurately show the creek structure setback on the Final Map.
^' 9
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National Pollutant Discharge Elimination System (NPDES):
47. The applicant shall be required to comply with all rules, regulations and procedures of the
National Pollutant Discharge Elimination Systema(,VPDES)for municipal, construction and
industrial activities as promulgated by the California State Water Resources Control Board,
or any of its Regional Water Quality Control Boards (San Francisco Bay - Region II, or
Central Valley- Region IV).
Compliance shall include developing long-term best management practices (B-M. P's) for the
reduction or elimination of storm water pollutants. The project design shall incorporate,
wherever feasible, the following long-term BMI P's in accordance with the Contra Costa Clean.
Water Program for the site's storm water drainage:
Offer pavers for householdd driveways and/or walkways as an option to buyers.
Minimize the amount of directly connected impervious surface area.
- Stenciling all storm drains with "No Bumping, Drains to Bay" thermoplastic tape.
- Construct concrete driveway weakened plane Joints at angles to assist in directing run-
off to landscaped/pervious areas prior to entering the street curb and gutter.
- Shallow roadside and on-site swales.
- Distribute public informaation items regarding the Clean Water Program to buyers.
- Other alternatives as approved by the Public Works Department.
Metric Units:
48. All first check, and subsequent submittals and accompanying calculations shall be in metric
units. Exceptions may be permitted by the Public Works Department, Engineering Services
Division, based upon evidence of substantial hardship.
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF
APPROVAL, BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL.
ADVISOR' NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE
APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS
THAT MIDST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT.
A. Comply with the requirements of the Central Contra Costa Sanitary District.
B. Comply with the requirements of the East Bay Municipal Utility lDistrict.
C. Comply with the requirements of the County Building Inspection Department.
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D> Comply with the requirements of the San Ramon Malley Fire Protection District.
E. 'besting 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 standards in effect as of June 11, 1998, the date the vesting tentative
map application was accepted as completed 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 fee include but are not limited to the following:
Park Dedication $2,000 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.
F. BApiration of Tested 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)gears following the
recording date of the final/parcel map. These rights pertain to development fees and
regulations. Where several final neaps 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 reap 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
ding 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
regulation in effect at that time.
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C. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Southern Contra Costa Regional Area of
Benefit, the Tri-Malley Transportation Fee Area. of Benefit, and the Alamo Area of
Benefit as adopted by the Board of Supervisors.
H. This project may be subject to the requirements of the Department of Fish and Cance.
It is the applicant's responsibility to ratify 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 Came
Code.
1. This project may be subject to the requirements of the Army Carps of Engineers. It
is the applicant's responsibility to notify the appropriate district of the Carps of
Engineers to determine if a permit is required, and if it can be obtained.
AMB/aa
SDII/8163c.AIv1B
4/3/99
6/8/991
10/7/99
10/20/99
s;current planning/staff reports/8163c.
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