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Home My WebLink AboutMINUTES - 02282006 - C.14 TO: BOARD OF SUPERVISORS, AS GOVERNING st L Contra BOARD OF THE FLOOD CONTROL & WATER CONSERVATION DISTRICT Costa '� • "�'� FROM: MAURICE M. SHIU, CHIEF ENGINEERCounty DATE: February 28, 2006 y SUBJECT: ADOPT the previously certified City of Brentwood Mitigated Negative Declaration for the Sterling Preserve III subdivision for the purpose of issuing Flood Control Permit 618-05 and conducting real property transactions in compliance with the California Environmental Quality Act, Brentwood area. (District III). FCP 618-05 SPECIFIC:REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT the previously certified City of Brenhvood Mitigated Negative Declaration for the Sterling Preserve III subdivision in compliance with the California Environmental Quality Act for the purpose of issuing Flood Control Pen-nit 618-05 and conducting real property transactions with the Cityof Brentwood in SLrpport of improvements in and around DA30C Line A, and Continued on Attachment: ® SIGNATURE: 9?12ECON•1MENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD CON MITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOA N ywTy _ APPROVED AS R MMENDED OT ER ❑ V SUPERVISORS UNANIMOUS O (ABBE\T I hereby certify that this is a true and correct copy of an action AYES: NOES: taken and entered on the minutes of the Board of Supervisors on ABSENT: ABSTAIN: the date shown. CL):ms X 6� �� 0?* / G:`•.CnpData�•.EngSvc`,I�NVIRO\BO`•,200G`•.(02-23-OG)CLQ.A-BNvtwd_sterline.duc A"1'"IES"1�Ell: 'k'a' �y i V Orig.Div: Public Works(Enviroj JOHN SWEETEN,Clerk of the oard of'Supervisors and County Attachment Contact: Carrie Uu%zak,Environmental Administrator cc: Auditor-Controller Community Development By Deputy. Public Works Department: C.Dovzak-Enviro J.Boliboll-FC C.Piiia-Sandoval-RP i SUBJECT: ADOPT the previously certified City of Brentwood Mitigated Negative Declaration for the Sterling Preserve III subdivision for the purpose of issuing Flood Control Permit 618-05 and conducting real property transactions in compliance with the California Environmental Quality Act, Brentwood area. (District III). FCP 618-05 DATE: February 28, 2006 PAGE: 2 of 2 RECOMMENDED ACTION: DIRECT the Director of Community Development to file a Notice of Deterniination with the County Clerk; and AUTHORIZE the Chief Engineer to arrange for payment of a$25 fee to Community Development Department for processing, and a $25 fee to the County Clerk for filing of the Notice of Determination. FISCAL IMPACT: There is no impact to the County General Fund or the Contra Costa County Flood Control and Water Conservation District. REASONS FOR RECOMMENDATIONS AND BACKGROUND: The City of Brentwood(City)prepared an Initial Study and Mitigated Negative Declaration for the Sterling Preserve 1.11 subdivision in March 2005. On May 24,2005 the City of Brentwood filed the Notice of Determination. Contra Costa County is adopting the Initial Study and Mitigated Negative Declaration in order to allow the Contra Costa County .Flood Control and Water Conservation District to issue Flood Control Permit 618-05 and conduct real property transactions with the City of Brentwood for improvements in and around DA30C Line A. A copy of the Initial Study and Mitigated Negative Declaration is on file with the Public Works Department and the Clerk of the Board. CONSEQUENCES OF NEGATIVE ACTION: Delay in adopting the document will result in an inability to process Flood Control Permit 618-05 and the real property transactions with the City of Brentwood. CALIFORNIA:ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 PINE STREET 4TH FLOOR NORTH WING MARTINEZ, CALIFORNIA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sellgren, Environmental Planner Project Description, Common Name(if any)and Location: O'Hara Avenue Extension and Improvements (FCP 618-05). The project is located in the City of Brentwood at the intersection of the southernmost portion of O'Hara Avenue and DA 30C Lines A and B. Meritage.Homes of California plans to implement the Sterling Preserve III Development Project. The City of Brentwood Community Development Department as the Lead Agencyfor the project adopted the Sterling Preserve III Mitigated Negative Declaration on May 11,2005. The Contra Costa County Flood Control and Water Conservation District plans to issue a Flood Control Permit and conduct Real Property transactions in support of the development project. The Contra Costa County Board of Supervisors as the governing body of the Flood Control District is adopting the City of Brentwood's Mitigated Negative Declaration as a Responsible Agency for the purpose of issuing the Flood Control Permit and conducting Real Property transactions associated with the project. The project consists of the issuance of Flood Control Permit 618-05 and various Real Property transactions that will authorize construction of two outfalls, a road extension, and a pedestrian bridge in existing Flood Control right of way. Pursuant to the provisions of the California Environmental Quality Act: ❑ An Environmental Impact Report was prepared and certified (SCH# ) ❑ The Project was encompassed by an Environmental Impact Report previously prepared for (SCH ® A Negative Declaration was adopted by the City of Brentwood, in March 2005. Copies of the record of project approval and the Negative Declaration or the final EIR may be examined at the office of the Contra Costa County Public Works Department. ® The Project will not have a significant environmental effect. ❑ The Project will have a significant environmental effect. ® Mitigation measures were made a condition of approval of the project. ❑ A statement of overriding considerations was adopted. ❑ Findings were adopted pursuant to Section 15091 of the State CEQA Guidelines. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish and Game Fees Due Public Works Department ❑ EIR- $850 Total Due: $$50.00 255 Glacier Drive ❑ Neg. Dec.-$1,250 Total Paid $ Martinez, CA 94553 ❑ DeMinimis Findings-$0 Attn: ® County Clerk- $50 Receipt#: GAGrpData\EngSvc\ENVIRO\Flood Control\DA 30C FCP618_05\CEQA\NOD.doc (Rev.3/4/99) Updated 1113/04 Initial Srud` c CITY OF BRENTWOOD COMMUNITY DEVELOPMENT DEPARTMENT N WOD STERLING PRESERVE III REZONE NO. 05-01 VESTING TENTATIVE SUBDIVISION MAP NO. 8875 DESIGN REVIEW NO. 04-29 INITIAL STUDY AND NEGATIVE DECLARATION March 2005 Page 1 of 34 IlliLili SIUCIN' FIGURE ONE Page 3of34 lniLi. Stud} FIGURE THREE Page 5 of 34 Initial Stud` IV. DETERMINATION On the basis of this initial study: ❑ 1 find that the Proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the Proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant and/or conditions will be added to any approved project that will render the impact less than significant. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the Proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated"on the environment, but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. March 11, 2005 Signature Date Erik Nolthenius City of Brentwood Printed Name For V. BACKGROUND AND INTRODUCTION This Initial Study provides an environmental analysis pursuant to the California Environmental Quality Act (CEQA) for the proposed Rezone, Vesting Tentative Subdivision Map, and Design Review (proposed project). The environmental analysis for the proposed project is tiered from the City of Brentwood General Plan Environmental Impact Report (EIR). The CEQA concept of "tiering" refers to the coverage of general environmental matters in broad program-level EIRs,with subsequent focused environmental documents for individual projects that implement the program. The project environmental document incorporates by reference the discussions in the Program EIR and concentrates on project-specific issues. CEQA and the CEQA Guidelines encourage the use of tiered environmental documents to reduce delays and excessive paperwork in the environmental review process. This is accomplished in tiered documents by eliminating repetitive analyses of issues that were adequately addressed in the Program EIR and by incorporating those analyses by reference. Page 7 of 34 Initial Sllldti' VII. ENVIRONMENTAL CHECKLIST The following Checklist contains the environmental checklist form presented in Appendix G of the CEQA Guidelines. The checklist form is used to describe the impacts of the proposed project. A discussion follows each environmental issue identified in the checklist. Included in each discussion are project-specific mitigation measures recommended as appropriate as part of the Proposed Project. For this checklist, the following designations are used: Potentially Significant Impact: An impact that could be significant,and for which no mitigation has been identified. If any potentially significant impacts are identified, an EIR must be prepared. Potentially Significant With Mitigation Incorporated:An impact that requires mitigation to reduce the impact to a less-than:significant level. Less-Than-Significant Impact: Any impact that would not be considered significant under CEQA relative to existing standards. No Impact: The project would not have any impact. Potentially Less- Potentially Significant Than- No Issues Significant with Significant Impact Impact Mitigation Impact Incorp. I. AESTHETICS. Would the project: a. Have a substantial adverse effect on a scenic ❑ ❑ x ❑ vista? b. Substantially damage scenic resources, fl f-1 X n including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? C. Substantially degrade the existing visual n n x character or quality of the site and its surroundings? d. Create a new source of substantial light or n x CI n glare, which would adversely affect day or nighttime views in the area? Discussion a,b. The proposed project is not within an area designated as a scenic vista nor does it include any significant scenic resources such as heritage trees, rock outcroppings, or historic buildings within a State scenic highway. The Brentwood General Plan EIR, Section 3.3 "Visual Resources,"does not identify the project area as an important view shed. Although the project site is relatively flat, Brentwood is surrounded by the coastal range, including views of Mt. Diablo. The City of Brentwood has recognized views of Mt. Diablo as an important visual resource. Because the proposed development would be located in a flat area of Brentwood and includes single and two-story homes, the view of Mt. Diablo would not be significantly blocked. Therefore, the impact is considered to be less-than-significant. Page 9 of 34 Initial Study Discussion a,c. The City of Brentwood General Plan includes agricultural preservation policies in the Conservation/Open Space Element that describe potential agricultural preservation program components. The General Plan also designates areas along the eastern and southeastern portions of the Planning Area as Agricultural Conservation. The proposed development is not located within this conservation area. The site is not under a Williamson Act contract. The General Plan Conservation Element Policy 1.1.4 states: Secure Agriculture Land:Establish a program that secures permanent agriculture on lands designated for agriculture in the :City and/or County General Plan. The program should include joint use concepts (e.g. wastewater irrigation), land dedication (e.g. secured through development agreements) and a transfer of developmenf/in-lieu fees ordinance. The program should also create incentives for continuing agriculture(e.g. long-term irrigation water contracts)and assurances that potential ag-urban conflicts will be mitigated. In September of 2001,the Brentwood City Council adopted an Agricultural Enterprise Program (AEP) in an attempt to preserve a part of its agricultural heritage. The AEP includes the continued use of an agricultural mitigation fee to be applied to those developments,that irreversibly consume agriculturally productive land. Since the Brentwood General Plan EIR indicates that the plan area has been designated as Prime Agricultural Farmland; the development of the proposed project would result in the loss of Prime Agricultural Farmland used for agricultural purposes.The project site is identified as having a combination of two soil types, including Capay clay(0 to 2 percent slopes)on the western portion and Rincon clay loam (0 to 2 percent slopes) on the eastern portion. Therefore, the impact on existing agricultural uses and the loss of farmland would be considered potentially significant. Mitigation Measure Implementation of the following mitigation measure would mitigate potential impacts related to the loss of agricultural resources to a less-than-significant level: 11-2. Prior to final map approval, the developer shall comply with the City Council adopted Agricultural Enterprise Program in order to mitigate the potential significant impact of the proposed project on the loss of farmland. The developer shall pay the adopted City fee for mitigation of lost farmland in effect at the time of approval. b. The project site is not under a Williamson Act contract. Development of the site with single- family homes would not result in any conflict with a Williamson Act contract or existing zoning for agriculture; therefore no impact would occur. Potentially Less- Potentially Significant Than- No Issues Significant With Impact Mitigation Significant Impact Incorp. Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Page 11 of 34 Initial Snidy following control measures and other measures deemed to be necessary for the proposed project: a. A graveled track of project entryways to remove mud and dirt from vehicles leaving the site shall be provided. b. Water (or an acceptable soil binder chemical) shall be applied to all disturbed earth surfaces (including earth roads and soil stockpiles). Surface material. shall be sufficiently watered to prevent excessive amounts of dust Watering shall occur twice per day with complete coverage, preferably in the late morning and at the completion of work for the day. C. Permanent soil stabilization measures shall be implemented throughout each phase of construction prior to commencement of grading on successive phases. d. All clearing, grading, earthmoving, and excavation shall stop during periods of high winds greater than 20 mph over one hour. e. All material transported off-site shall either be sufficiently watered or securely covered to prevent escape of dust and debris. f. On-site vehicle speed shall be limited to 15 mph. g. During rough grading and construction, adjacent public and private roads shall be swept once per day, or as required by the City, to remove silt and construction debris. h. Unnecessary idling of construction equipment shall be avoided. i. Equipment engines shall be maintained in proper workingcondition per manufacturers'specifications. .l. During periods of heavier air pollution (May to October), the construction period shall be lengthened to minimize the amount of equipment operating at one time. e. The project would not include industrial or intensive agricultural use;therefore,the project would not create odors or toxic air contaminants. No impact would occur. Potentially Less- Potentially Significant Than- No Issues Significant With Impact Mitigation Significant Impact Incorp. Impact IV. BIOLOGICAL RESOURCES. Would the project: a. Have a substantial adverse effect, either ❑ X ❑ ❑ directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any D x ❑ 0 riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and. Game or Page 13 of 34 Initial Study & Game (CDFG), and shall be submitted to the Community Development Department and CDFG for review and approval. Should any such species be discovered, appropriate mitigation measures shall be incorporated to the satisfaction of the Community Development Director and CDFG. Mitigation measures could include avoidance of species, relocation of species, modification to the construction schedule, etc. b. The General Plan EIR does not identify any riparian habitat or significant natural communities within the project site, and the Assessment indicates that no wetlands or waters of the U.S. were observed within the project site. There is, however,a Contra Costa County flood control channel adjacent to the south boundary of the project site and CDFG has required developers to enter into Streambed Alteration Agreements for the construction of storm drain outfalls within these types of facilities. In the event this is required for the project, it could result in a potentially significant impact. Mitigation Measure Implementation of the following mitigation measure will ensure that the impact remains less- than-significant. IV--5. /f storm drain outfalls into the adjacent Contra Costa County flood control channel are required, a Streambed Alteration Agreement shall be obtained from CDFG,pursuant to Section.1600 of the California Fish & Game Code. If required, the developer shall coordinate with CDFG in developing appropriate mitigation, and shall abide by the conditions of any executed permits. c. The General Plan EIR does not identify any federally protected wetlands within the project site, and the Assessment concludes that no wetlands or waters of the U.S. were observed. Therefore, the development of the project site, as proposed, would result in no impact. d. The project site does not support a wildlife corridor and does not contain any watercourses that would support migratory fish. Therefore, the development of the project site would result in no impact. e. A tree survey was conducted for the project site, which identifies a total of 36 trees concentrated in three areas (northwest — 2, northeast — 19, and southwest — 15). The General Plan EIR requires developers to preserve existing trees to .the maximum extent practicable (3.9-29). While not all of the trees were identified in good condition, several were, and those should remain within the project site. Therefore, the impact on tree preservation is considered to be potentially significant. Mitigation Measure Implementation of the following mitigation measure will ensure that the impact relative to tree preservation remains less-than-significant. IV-6. The grading plan shall identify all trees within the.project site,as referenced in the tree survey prepared by LSA Associates, Inc. All trees identified by the survey to be in "good"condition shall be preserved, to the satisfaction of the Community Development Director,and shall be identified on the grading plan. Appropriate protective measures shall be taken to ensure preservation during grading activity. Any tree in "good"condition that is not able to be saved shall be replaced to the satisfaction of the Community Development Director. Removal of any tree, regardless of its condition, shall be done outside of the raptor nesting season (September 1 through February 1) or a nesting raptor Page 15 of 34 lr i6,fl Study its expense, to retain the services of a qualified archaeologist for the purpose of recording, protecting, or curating the discovery as appropriate. The archaeologist shall be required to submit to the Community Development Department for review and approval a report of the findings and method of curation or protection of the resources. No furthergrading orsite work within the area of discovery will be allowed until the preceding work has occurred. c. The project site is not known to contain any unique paleontological resources or unique geologic features. Therefore, the construction of the proposed project would result in no impact to these resources and features (see responses to "a" and "b"). d. The project site has not been identified as a burial location for human remains; therefore, the construction of the proposed project would likely not disturb any human remains, including those interred outside of formal cemeteries,and no impactwould occur(see responses to"a" and "b"). Potentially Less- Potentially Significant Than- No Issues Significant With Impact Mitigation Significant Impact Incorp. Impact VI. GEOLOGY AND SOILS. Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, 0 x 0 0 as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area based on other substantial evidence of a known fault? ii. Strong seismic ground shaking? 0 x 0 0 iii. Seismic-related ground failure, ❑ X ❑ 0 including liquefaction? iv. Landslides? ❑ X 0 0 b. Result in substantial soil erosion or the loss ❑ X ❑ ❑ of topsoil? C. Be located on a geologic unit or soil that is 0 X ❑ ❑ unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in 0 X 0 ❑ Table 18-1 B of the Uniform Building Code? e. Have soils incapable of adequately ❑ 1-1 ❑ X supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Page 17 of 34 Initial Stud}' proposed grading illustrated on the approved vesting tentative subdivision map, a map that is consistent with the new revised grading plan shall be provided for review and approval by the City Engineer. V1_10. Any application for a grading permit shall include an erosion control plan. This plan shall identify protective measures to be taken during construction, supplemental measures to be taken during the rainy season, permanent methods of revegetation following completion of construction, the sequenced timing of grading and construction, and subsequent revegetation and landscaping work to ensure water quality in creeks and tributaries in the General Plan area is not degraded from its present level. V/_11. During construction, the developer shall not leave disturbed areas not actively under construction exposed during the rainy season. VI-12. Prior to approval of final facilities design, the City Engineer shall review plans for drainage and storm water runoff control systems and their component facilities to ensure that these systems and facilities are non-erosive in design. VI-13. No grading,soil disturbance, or compaction shall occur during periods of rain or on ground that contains free water. Soil that has been soaked and wetted by rain or any other cause shall not be compacted until completely drained and until the moisture content is within the limits approved by the Soil Engineer. Approval by the Soil Engineer shall be obtained prior to continuing grading operations. d. The Geotechnical Exploration that was prepared for the project indicates that the on-site native soils have a high to very high expansion potential. The Soil Survey of Contra Costa County, California published by the U.S. Department of Agriculture; Soil Conservation Service (1977) refers to the near-surface soils within the project site as a combination of two types, including Capay clay(0 to 2 percent slopes) on the western portion and Rincon clay loam (0 to 2 percent slopes) on the eastern portion. The impacts associated with expansive soils would be potentially significant. Mitigation Measure Implementation of the following mitigation measure would reduce the construction-related impact to a less-than-significant level. VI-14. Prior to grading permit issuance, a Comprehensive Grading Plan shall be submitted to the City Engineer that reflects the recommendations of the final Geotechnical Study. All recommendations of the final Geotechnical Study and City Engineer shall be incorporated into the grading plan as a condition of the project grading permit and verified in the field by the City Engineer or his representative. e. The project has been designed to connect to existing sewer systems. Therefore, no impact would occur related to soils incapable of adequately supporting the use of septic tanks. Page 19 of 34 Initial Study Discussion a-b. The transport and routine use of hazardous materials is not typically associated with single- family residential development.The Phase One Environmental Site Assessment concludes that there is no documentation or physical evidence of soil or groundwater impairments associated with the use of the project site. In addition, there is no documentation of hazardous materials violations or discharge on the site. No contaminated facilities were identified within t/2 mile of the site which would be expected to impact the site. No Recognized Environmental Concerns were identified for the site. Demolition of on-site structures may be required in orderto facilitate development of the project. The structures could contain asbestos materials and the demolition of these structures may present a threat of asbestos exposure to on-site construction workers.The threatfrom asbestos in the structures is a potentially significant impact. Mitigation Measure The following mitigation measure would reduce the impact from the proposed project to a less- than-significant level. V11-15. Prior to the demolition of any structure within the project site, the developer shall conduct an asbestos survey. if the survey reveals asbestos within the structure, the developer shall prepare an asbestos abatement plan for the review and approval of the Chief Building Official prior to the issuance of a demolition permit for the structure. c. A new elementary school,currently under construction and slated to be open forthe 2005/2006 school year, is located approximately 1,000 feet southeast of the project site (southwest comer of Grant Street and Adams Lane). The transport and routine use of hazardous materials is not typically associated with single-family residential development; therefore, no impact would occur. d. According to the Phase One Environmental Site Assessment, the site is not listed as a hazardous materials site. Therefore, no impact would occur. e-f. The project site is not within an airport land use plan or within two miles of an airport. Therefore, no impact would occur. g. Development of the project site would not interfere with an adopted emergency response plan or emergency evacuation plan. Therefore, no impact would occur. h. The site is not located within an area where wild land fires occur. Therefore, no impactwouid occur. Potentially Less- Potentially Significant Than- No Issues Significant With Impact Mitigation Significant Impact Incorp. Impact VIII. HYDROLOGY AND WATER QUALITY. Would the project: a. Violate any water quality standards or waste discharge F x F1 F11 requirements? Page 21 of 34 Initial Stud' Vlll-16. Prior to grading permit issuance, the developer shall submit to the City Engineer for review and approval a Drainage Master Plan which implements Best Management Practices (BMPs) to control quality of storm water runoff. Vlll-17, Prior to grading permit issuance, a National Pollution Discharge Elimination System(NPDES)construction permit shall be obtained for any disturbance of more than one acre. b-e. The project consists of the development of single-family homes in an area designated for single-family residential development. The development would not alter existing drainage courses and would be accommodated primarily in the existing City of Brentwood storm drainage system. Implementation of the proposed project would add impervious surfaces to the area, which would result in a decrease in absorption rates and an increase in storm water runoff rates. The conceptual grading and utility plan prepared for the project includes an outfall into the Drainage Area 30C Line A Channel, operated and maintained by the Contra Costa County Flood Control & Water Conservation District (District). In order to facilitate the outfall and any other work within the District's right-of-way, permitting from the District will be required, as well as potentially from the Army Corps of Engineers, the California Department of Fish and Game, and the California Regional Water Quality Control Board. Based on the foregoing, impacts are considered to be potentially significant. Mitigation Measures Implementation of the following mitigation measures would ensure the impact is less-than- significant. V111-18, Prior to grading permit issuance, the developer shall submit to the City Engineer for review and approval a Drainage Master Plan that implements BMPs to control quality of storm water runoff. The plan shall describe how on- site drainage systems will be designed to compensate for the reduced water absorption capacity of the site and to prevent flooding of adjacent properties. The plan must ensure that all storm water entering or originating within the project site shall be conveyed, without diversion of the watershed, to the nearest adequate natural watercourse or adequate man-made drainage facility. 1/111-19. Design of both the on-site and downstream drainage facilities shall meet with the approval of both the City Engineer and the Contra Costa County Flood Control& Water Conservation District prior to grading permit issuance. V111-20. Contra Costa County Flood Control & Water Conservation District drainage fees for the Drainage Area shall be paid prior to final map approval. 1/111-27. The construction plans shall indicate roof drains emptying into a pipe leading out to the street for the review and approval of the City Engineer prior to building permit issuance. V111-22. The improvement plans shall indicate concentrated drainage flows not crossing sidewalks or driveways for the review and approval of the City Engineer prior to grading permit issuance. Vill-23. The developer shall ensure that each lot or parcel shall drain into a street, public drain, or approved private drain in such a manner that there will be no undrained depression. Satisfaction of this measure shall be subject to the approval of the City Engineer. Page 23 of 34 Initial S[udv C. The project site is not located within the area designated by the General Plan as Expected Habitat Conservation Plan or Area of Significant Natural Open Space. Therefore, no impact would occur. Potentially Less- Potentially Significant Than- No Issues. Significant With Impact Mitigation Significant Impact incorp. Impact X. MINERAL RESOURCES. Would the project: a. Result in the loss of availability of a known i—i Fl n X mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally. n n n important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Discussion a,b. The project site has not been identified in the City of Brentwood General Plan as containing any mineral resources that would be considered a.significant resource. Therefore, no impactwould occur. Potentially Less- Potentially Significant Than- No Issues Significant With Impact Mitigation Significant ani Impact incorp. impact XI. NOISE. Would the project result in: a. Exposure of persons to or generation of noise n n x levels in excess of standards established in the local general plan or noise ordinance, or. applicable standards of other agencies? b. Exposure of persons to or generation of n D n excessive ground borne vibration or ground borne noise levels? c. A substantial permanent increase in ambient n n x n noise levels in the project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in i i x n n ambient noise levels in the project vicinity above levels existing without the project? e. For a project located within an airport land use n n n X plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose Page 25 of 34 Initial Study Potentially Less- Potentially Sionificant Than- No Significant With Significanl Impact Impact Mitigation Impact Incorp. XII. POPULATION AND HOUSING. Would the project: a. Induce substantial population growth in an area, n n x i:l either directly (for example, by proposing new homes and businesses) or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? b. Displace substantial numbers of existing housing, n n x n necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, n n X n necessitating the construction of replacement housing elsewhere? Discussion a. The density of development is consistent with the General Plan land use designation. Although the development would increase the population in the area,the development of the proposed project would be within the population levels projected under the General Plan. Therefore, the impact is considered.to be less-than-significant. b,c There are currently four single-family homes within the boundaries of the project site. The homes are occupied by four of the five respective property owners of the proposed subdivision. Although development of the project would include the demolition and removal of one of the homes,the project would also provide 84 new homes.Therefore,approval and implementation of the proposed project would neither displace any housing nor necessitate the construction of replacement housing. As a result, potential impacts are considered to be less-than-significant. Potentially Less- Potentially Significant Than- No Issues Significant With Impact Mitigation Significant Impact Incorp. Impact XIII. PUBLIC WORKS. Would the'project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public works: a. Fire protection? n x i n b. Police protection? n X n n c. Schools? n 3C n n Page 27 of 34 Initial Study X111-33. Prior to encroachment and/or building permit issuance, the developer (and all subsequent property owners) shall submit plans and specifications to the East Contra Costa Fire Protection District and the City Engineer for review and approval in accordance with codes, regulations,and ordinances administered by the East Contra Costa Fire Protection District and the State Fire Marshal's office. X111-34. Prior to final map approval, the developer shall comply with any City Council fire/emergency services programs established pursuant to the General Plan Safety Element in order to provide such adequate services to the community. C. The project is located within the Liberty Union High School District and the Brentwood Union School District. The increased development of single-family homes will add to the demand for services provided by both Districts. Implementation of the proposed project would result in a potentially significant impact related to schools. Mitigation Measure Implementation of the following mitigation measure would reduce the impacts to a less-than- significant level. X111-35. Prior to building permit issuance, the developer shall submit to the Community Development Department written proof from the Liberty Union High School District and the Brentwood Union School District indicating that appropriate school mitigation fees have been paid. d. The City of Brentwood General Plan encourages an urban form that is based on open space throughout and around the community. The respective General Plan policy recommends park acreage of 5 acres per 1,000 residents. The City utilizes a ratio of 3.1 persons per dwelling unit. The proposed project would create 84 new dwelling units, thus increasing the population by approximately 280. This would require approximately 1.3 acres of park and recreational facilities. The project includes a 1.3-acre neighborhood park centrally located within the subdivision. Therefore, the impact is considered to be less-than-significant. Potentially Less- Potentially Significant Than- No Issues Significant With Impact Significant Impact mpact Mitigation Incorp. Impact XIV. RECREATION. Would the project: a. Would the project increase the use of existing Cl ❑ x Cl neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or fl ❑ % fl require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Page 29 of 34 lnitial Small-' implemented within the next 5 to 10 years and to be included within the City's 5-year Capital Improvement Program (CIP). In addition to required improvements along the project frontage, the developer will be extending O'Hara Avenue south of the subdivision boundary, across the Line A Channel (referenced in Section VIII) and the EBMUD Aqueduct. This extension, which will include a vehicular bridge, will connect O'Hara Avenue to Grant Street and facilitate improved north- south circulation in the City. In order to facilitate the extension and any other work (i.e. a soundwall,a paved and landscaped trail, a pedestrian bridge, etc.)within the right-of-way for both the Contra Costa County Flood Control & Water Conservation District (District) and EBMUD, permitting from the District and EBMUD will be required, as well as potentially from the Army Corps of Engineers, the California Department of Fish and Game, and the California Regional Water Quality Control Board. Based on the foregoing, potentially significant impacts would occur. Mitigation Measures Implementation of the following mitigation measures would reduce the impacts to a less- than-significant level. XV-36. The developer shall pay applicable thoroughfare facility fees(plus.any annual increase) in effect at the time of building permit issuance and shall participate in the City's Capital Improvement Financing Plan (CIFP) to finance necessary roadway infrastructure. In addition, this specific project may be conditioned to pay its fair share of other off-site improvements that are outside the parameters of the CIP. XV-37. The developer shall secure all necessary permits from the Contra Costa County Flood Control & Water Conservation District (District) and EBMUD for the extension of O'Hara Avenue south of the subdivision boundary and any other work within the right-of-way of said agencies. Additional permitting from the Army Corps of Engineers,the California Department of Fish and Game, and the California Regional Water Quality Control Board may be required. b. The City of Brentwood General Plan describes the growth of the City through the year 2020. The Circulation Element is based on trip generation projections and includes a corresponding transportation system designed to adequately accommodate the movement of vehicles. The proposed project is consistent with development levels identified in the Brentwood General Plan for the site. The circulation network is also planned and designed to meet the planned level of growth and development identified in the project area. The proposed project consists of 84 residential units, which would not generate enough project specific traffic to adversely affect the local circulation. Therefore,the impact is considered to be less-than-significant. c. The proposed project does not require any changes to existing regional air traffic activity and the project site is not located near an airport. Therefore, no impact would occur. d. The proposed project does not include any unusual design features in the layout of the streets that would increase hazards. There is no impact associated with the proposed development. Page 31 of 34 ' Initial Stuup Discussion a-e. The proposed project would require the installation and necessary extension of all utility lines for water, sewer, electricity, natural gas,telephone, and cable communications. The General Plan EIR indicates that Pacific Gas & Electric (PG&E) already has sufficient facilities to provide gas and electricity to the General Plan area. However, to ensure adequate capacity to serve the proposed project, the developer must ensure that the project site is adequately connected to the existing facilities. Therefore, the impact from the proposed project on public utilities is potentially significant. Mitioation Measure Implementation of the following mitigation measure would reduce the impacts to a less-than- significant level. XVI-38. The developer shall be required to connect to the existing Brentwood utility network as well as pay all applicable fees in effect in order to ensure adequate capacity to serve.the proposed project,at.the time of building permit issuance. Improvement plans indicating conformance to City of Brentwood standards shall be prepared, submitted, and approved by the.City Engineer prior to.encroachment permit issuance. f,g. The proposed project consists of the development of single-family homes at a density that is consistent with the General Plan. The solid waste generated by the development would be consistent with the levels that have been anticipated on the site. Therefore, the impact is considered to be less-than-significant. Potentially Less- Potentially Significant Than- No Issues Significant With Significant Impact Impact Mitigation Impact Incorp, XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a. Does the project have the potential to degrade 171 fl x the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve 17.11 r x n short-term, to the disadvantage of long-term, environmental goals? c. Does the project have impacts that are x I individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of Page 33 of 34 MAY 19, 2005 JOB NO. : 1083-70 LEGAL DESCRIPTION O'HARA AVENUE RIGHT-OF-WAY CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BRENTWOOD, CALIFORNIA READ PROPERTY, SITUATE IN THE INCORPORATED TERRITORY OF THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF THAT CERTAIN PARCEL OF LAND, GRANTED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, BY DEED RECORDED MARCH 15, 1978, IN BOOK 8748 OF OFFICIAL RECORDS AT PAGE 62, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERN LINE OF SAID PARCEL OF LAND (8748 OR 82) , SAID POINT ALSO BEING THE SOUTHEASTERN CORNER OF PARCEL D, AS SAID PARCEL D IS SHOWN AND SO DESIGNATED ON THAT CERTAIN PARCEL MAP, MS 346-77, RECORDED SEPTEMBER 21, 1978 , IN BOOK 70 OF PARCEL MAPS AT PAGE 14, IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY; THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG SAID NORTHERN LINE, NORTH 89023' 16" WEST (THE BEARING OF SAID NORTHERN LINE IS BEING TAKEN AS NORTH 89023 ' 16" WEST FOR THE PURPOSE OF MAKING THIS DESCRIPTION) 625.45 FEET TO THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID NORTHERN LINE, ALONG THE ARC OF A NON-TANGENT 966.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 89022'30" EAST, THROUGH A CENTRAL ANGLE OF O1°35'47" , AN ARC DISTANCE OF 26 .91 FEET; THENCE, SOUTH 02013'17" EAST 13 .23 FEET TO A POINT ON THE SOUTHERN LINE OF SAID PARCEL OF LAND; THENCE, ALONG SAID SOUTHERN LINE, NORTH 89°23 ' 16" WEST 68 . 08 FEET; THENCE, LEAVING SAID SOUTHERN LINE, NORTH 02°13'17" WEST 9 . 86 FEET; THENCE, ALONG THE ARC OF A TANGENT 1, 034 . 00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF O1°40'40" , AN ARC DISTANCE OF 30 .28 FEET TO A POINT ON SAID NORTHERN LINE; JAO/rjw P-\1063-70\LEGALS\LG-006.D0C LEGAL DESCRIPTION MAY 19, 2005 Page 2 of 2 JOB NO. : 1083 -70 THENCE, ALONG SAID NORTHERN LINE, SOUTH 89°23' 16" EAST 68. 01 FEET TO SAID POINT OF BEGINNING. CONTAINING 2, 730 SQUARE FEET OF LAND, MORE OR LESS. ATTACHED HERETO IS A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS REFERENCE MADE A PART HEREOF. END OF DESCRIPTION AFT JOEL A. GARCIA L.S. NO. 5285 EXPIRES: DECEMBER 31, 2005 JAG jR7W P:\1083-70\LEGALS\LG-006.DOC 0 01 F1APA AU. r'ARrr I ' D' 2001-0156428 PIS 3�, 6-77 2001-0156429 N w 2001-0156430 POB 1 J 1 r� m Q POC U N N89'22'30"E(R) N8923'16"W 625.45' S89'23'16"E 68.01' R=1034.00' R=966.00' LL=01'40'40"---- ---�=01'35'47° CCCF C&WCiD L=30.28' 2,730 SF± L=26.91' ( B- 7-11.8 B7-1 .8 OR B 2 J 1 '1 N023'17"W S02'13'17"E 9.86 N89'23'16"W 68.08' 13.23' EBMUD ( 17 OR 403.) DRAFT PLAT TO ACCOMPANY LEGAL DESCRIPTION O'HARA AVENUE RIGHT OF WAY CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT CITY OF BRENTWOOD CONTRA COSTA COUNTY CALIFORNIA 1083-70 MAY 2005 Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS • PLANNERS 6111 BOLLINGER CANYON ROAD, SUITE 150, SAN RAMON CA. 94583 TELEPHONE: (925) 866-0322 FAX: (925) 866-8575 CCCFC.txt --------------------------------------------------------------------------- Parcel name: LOT CCCFC North: 2172255.4724 East : 6211659.7512 curve Length: 26.91 Radius: 966.00 Delta: 1-35-47 Tangent: 13 .46 Chord: 26.91 Course: 5 01-25-24 E Course In: N 89-22-30 E Course Out: s 87-46-43 w RP North: 2172266.0096 East 6212625.6938 End North: 2172228. 5607 East 6211660.4199 Line Course: 5 02-13-17 E Length: 13.23 North: 2172215.3406 East 6211660.9327 Line Course: N 89-23-16 W Length: 68.08 North: 2172216.0680 East 6211592.8566 Line Course: N 02-13-17 W Length: 9.86 North: 2172225.9206 East 6211592.4744 Curve Length: 30.28 Radius: 1034.00 Delta: 1-40-40 Tangent: 15.14 Chord: 30.28 CoursE.: N 01-22-57 w Course In: N 87-46-43 E Course out: S 89-27-23 w RP North: 2172265.9993 East :6212625.6974 End North: 2172256.1918 East 6211591.7439 Line Course: 5 89-23-16 E Length: 68.01 North: 2172255.4651 East 6211659.7500 Perimeter: 216.39 Area: 2,730. sq. ft. 0.06 acres Mapcheck closure - (Uses listed courses and chords) Error Closure: 0.0073 Course: S 09-52-42 w Error North: -0.00723 East -0.00126 Precision l: 29,641.10 Page 1 OF C'JItiSUNiTt' r}, } ' CLERKS CEI—MCA170N OF POSTMG CON,Ra:COSTA Cb.uNTY- POST 0MIC"M B.CJ'Y-350 Marte74 California 94553 I ceL:' %th.atI azz an ernplay,.,e of the Co=t;/ of Contra Cosa and that a tme copy of the fare-going Nonce for—project - C �-- �'�'' ?.S _ was pasted for rcview at~• , 1 _ , .County Clerk's Office u2? 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