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HomeMy WebLinkAboutMINUTES - 11182008 - D.2 (3) Contra TO: BOARD OF SUPERVISORS Costa FROM: Catherine O. Kutsuris, Director CJI County Department of Conservation and Development r STA __..N'CL DATE: November 18, 2008 SUBJECT: HEARING ON A GENERAL PLAN AMENDMENT FROM (SL) SINGLE FAMILY RESIDENTIAL- LOW DENSITY TO (CR) COMMERCIAL RECREATION AND A REZONING OF APPROXIMATELY 38 ACRES FROM (A-2) GENERAL AGRICULTURAL DISTRICT TO (R-B) RETAIL BUSINESS DISTRICT. SUGAR BARGE RESORT/MARINA (APN: 030-110- 006) IN THE BETHEL ISLAND AREA. RIGGS ENTERPRISES INC. (APPLICANT & OWNER) (COUNTY FILES: GP040001 AND RZ063187) (DISTRICT V) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: A. OPEN the public hearing and take testimony on the project B. CLOSE the public hearing C. FIND the Mitigated Negative Declaration prepared for this project to be adequate for the purposes of compliance with the California Environmental Quality Act, and ADOPT the Mitigated Negative Declaration and the Mitigation Monitoring Program. C019TINUED ON ATTACHMENT: []YES ❑ NO SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON he o APPROVED AS COMMEND __>�_ OTHER �p�-jEJ�1'DU IVB ��A,Gd'(�P VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS (ABSENT_� ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED A Ilo B Contact: Lashun Cross (925-335-1229) DAVID TWA, CLERK OF THE BOARD OF SUPERVISORS AND cc: Department of Conservation and Development(DCD) C UNTY ADMINISTRATOR Riggs Enterprises Inc. (Owner&Applicant) County Administrator's Office BY , DEPUTY Clerk of the Board County Counsel Public Works Engineering Department DCD-GIS File November 18,2008 Board of Supervisors File#GP040001 &RZ063187 Page 2 D. ACCEPT the recommendation of the East County Regional Planning Commission (ECRPC), as contained in its Resolution-No.18-2008, which is attached as Exhibit 1 of this Board Order. E. ADOPT the General Plan Amendment (County File #GP040001), including the change to the Land Use Element Map as the Fourth Consolidated General Plan Amendment for Calendar Year 2008. F. ADOPT the Rezoning (County File #RZ063187) of the subject site from A-2 General Agricultural District to R-B, Retail Business District, as recommended by the East County Regional Planning Commission G. ADOPT Ordinance No. 2008-31 giving effect to the aforementioned Rezoning. H. ADOPT the findings as contained in the proposed Board Resolution No. 2008/701 as the basis for the Board's action for the General Plan Amendment, which is attached under Exhibit 1 of this Board Order. I. DIRECT the Department of Conservation and Development to post the Notice of Determination with the County Clerk. FISCAL IMPACT None. The applicant is responsible for application processing costs. PROPOSED PROJECT The applicant requests approval of an amendment to the General Plan Land Use Map to change an approximately 38 acre site (APN: 030-110-006) from Single Family Residential - Low Density (SL) to Commercial Recreation (CR) and to rezone the property from General Agricultural District (A-2) to Retail Business District (R-B). The Land Use Permit and Development Plan applications linked to the Rezoning and General Plan Amendment will allow the expansion of the Sugar Barge Resort and Marina by adding 19 metal buildings for dry boat storage, and establishing outdoor Dry Boat and Recreational Vehicle (RV) storage with parking. The proposed land use permit and development plan was approved by the East County Regional Planning Commission on September 8, 2008. BACKGROUND/REASONS FOR RECOMMENDATIONS A. General Plan Amendment The subject parcel totaling 38 acres is currently designated Single Family Residential - Low Density (SL) under the Land Use Element Map to the Contra Costa General Plan (2005-2020) and located "on-island" within the unincorporated Bethel Island area of the county. The site is bordered on the north and east by Willow Road and single family residences within a Water Recreational Zoning District (F-1). The south and west sides of the subject parcel are developed and undeveloped parcels zoned General Agricultural (A-2). November 18,2008 Board of Supervisors File#GP040001 &RZ063187 Page 3 The applicant proposes a General Plan Amendment from SL (Single Family Residential - Low Density) to CR (Commercial Recreation). Riggs Enterprises, Inc. is seeking to expand the "Sugar Barge Resort and Marina," a privately owned recreational facility open to the public for recreational purposes, with additional indoor dry boat storage with the construction of prefabricated buildings and outdoor RV and boat storage area. The request for a General Plan Amendment is reasonable given that the property is contiguous to the existing water oriented commercial recreational facility, operated by Riggs Enterprises, Inc. The Sugar Barge Resort and Marina facility is generally consistent with policies for the Bethel Island area in the Land Use Element of the General Plan. The site is vacant and topographically level with some depressions located on the north and western portions of the land. The proposal does not impact the island's perimeter levee. B. Rezoning The subject property is surrounded on the south, east and west by A-2 (General Agricultural). To the north of the site is the top of the levee and property designated F-1 (Water Recreational District).,To the south and abutting the property is one parcel zoned R-40 (Single Family Residential, 40,000 square feet minimum lot size). Immediately to the east is the existing Sugar Barge recreational facility which is zoned R-B (Retail Business District). The applicant is proposing to rezone the subject site from A-2 (General Agriculture) to R-B (Retail Business District). Adoption of this rezoning would benefit the boating community by providing additional storage space of RVs and boats. C. East,County Regional Planning Commission The East County Regional Planning Commission held a public hearing to consider the proposed project on July 14, 2008. At the hearing several members of the public commented on the project. The comments made were predominantly in regards to compliance with previous conditions under the original land use permit and traffic on Willow Road. After taking public testimony, the Commission continued the item to September 8, 2008 allowing staff additional time to respond to a letter submitted by the City of Oakley, research the Deferred Improvement Agreement on Sugar Barge Road, and obtain additional information on possible RV leakage and impacts to the groundwater. On September 8, 2008, after evaluating the project in its entirety, including all public testimony and evidence in the record, the Commission unanimously voted to approve the land use and development plan application and to recommend the Board approve the General Plan Amendment and Rezoning. ADDENDUM November 18,2008, Agenda Item DA On this day, the Board of Supervisors conducted a hearing to consider approval of General Plan Amendment to change the General Plan Land Use Designation from(SL) Single Family Residential-Low Density to (CR)Commercial Recreation and a Rezoning to change the zoning designation from (A-2) General Agricultural District to(R-B) Retail Business District for Assessor Parcel No. 030-110-006, as 38-acre site located south of Willow Road and north of Sugar Barge Road in the Bethel Island area. Patrick Roche, Conservation and Development Department, introduced the item and presented slides to show maps and aerial overviews of the area under consideration. He said the area is currently zoned with the possibility of being residential, but if rezoned could fill a need for the area by providing boat storage. The Chair opened the hearing and called for public comment. The following people spoke: David Riggs, Bethel Island resident, requested the Board vote to approve this item, noting that neighbors could benefit from a mutual aide agreement for drinking water and fire systems. James Stitch, Bethel Island resident, spoke in opposition to the proposed action, citing a potential negative effect on property values and increased noise, traffic and pollution. John Gennrich,Bethel Island resident, said the project will help ensure water services on the island. Todd Northam, Bethel Island resident, spoke in opposition to the proposed action saying there is already too much traffic on the island. Supervisor Piepho noted the Department of Conservation and Development has been working on the issue of boat storage in the Delta region and recognizes that more than one Delta community should be providing storage. She said this topic will be returning to the Board at a future date. Supervisor Bonilla asked about barricades or traffic calming possibilities on Willow Road. Ms. Kutsuris'responded that because it is a public road she would not advocate putting up any barricades, but said she could work with the applicant to look into signage or other ways to encourage alternate routes. By a unanimous vote of 4-0 with Supervisor Glover absent, the Board of Supervisors took the following action: OPENED the public hearing; RECENED public testimony; CLOSED the public hearing; FOUND the Mitigate Negative Declaration prepared for the project to be adequate for the purposes of compliance with the California Environmental Quality Act; ADOPTED the Mitigated Negative Declaration and the Mitigation Monitoring Program; ACCEPTED the recommendation of the East County Regional Planning Commission (ECRPC) as contained in its Resolution No. 18-2008; ADOPTED the General Plan Amendment(County File#GP04001) including the change to the Land Use Element Map as the Fourth Consolidated General Plan Amendment for Calendar Year 2008; ADOPTED the Rezoning(County File #RZ063187)of the subject site from A-2 General Agricultural District to R-B,Retail Business District, as recommended,by the ECRPC; ADOPTED Ordinance No. 2008-31 giving effect to the Rezoning; ADOPTED findings in Board Order Resolution No. 2008/701 as the basis for the Board's action for the General Plan Amendment; and DIRECTED the Department of Conservation and Development to post the Notice of Determination with the County Clerk. November 18,2008 Board of Supervisors File#GP040001 &RZ063187 Page 4 Exhibits 1. Rezoning Ordinance No. 2008-31 and Board Resolution No. 2008/701 2. East County Regional Planning Commission Resolution No. 18-2008 3. Conditions of Approval 4. CEQA determination 5. July 14, 2008 and September 8, 2008 Staff Reports 6. Notification List 7. Maps and Plans EXHIBIT 1 Rezoning Ordinance No. 2008-31 Board Resolution No. 2008-701 THE BOARD OF SUPERVISORS OFCONTRA COSTA COUNTY, STATE OF CALIFORNIA Adopted this Order on Tuesday, November 18, 2008, by the following vote: AYES: Cz101A, IAII,r-EMA, fI6wHO fotJILILA NOES: — ABSENT: &LDVOe- ABSTAIN: RESOLUTION NO.2008/701 SUBJECT: SUGAR BARGE MARINA AND RESORT PROJECT } APPLICATION FOR GENERAL PLAN AMENDMENT FROM (SL) SINGLE FAMILY LOW DENSITY TO (CR) } COMMERCIAL RECREATION (COUNTY FILE: GP040001), AND REZONING FROM A-2 TO R-B } (COUNTY FILE RZ063187) WITININ THE UNINCORPORATED AREA OF BETHEL ISLAND, } DISTRICT V WHEREAS, Riggs Enterprises Inc. (Applicant and Owners) proposed development of approximately 38 acres in the unincorporated Bethel Island area of Contra Costa County comprised of one parcel with Assessor's Parcel Number 030-110-006 to construct 19 prefabricated metal buildings on paved asphalt occupying 10.5 acres for boat storage; installation of compacted gravel on 13 acres for open storage area for approximately 200 boats and recreational vehicles and 50 parking spaces with access controlled by a security fence, for which an application was received by the Department of Conservation and Development on March 29, 2005; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines, a report dated February 15, 2006 titled "LP052026" was prepared to RESOLUTION NO.2008/701 1 determine whether an environmental impact report should be prepared for the Project; and WHEREAS, the Initial Study identified potential significant impacts related to biological, cultural, geology and soils, hydrology and water quality, and the initial study recommended mitigation measures which would reduce each identified impact to a less than significant level; and WHEREAS, on June 26, 2006 the County published a Notice of Public Review and Intent to Adopt a Proposed Mitigation Negative Declaration, which Notice recited the foregoing facts, indicated that the Applicant had agreed to accept each mitigation measure recommended by the Initial Study, started a period for public comments on adequacy of the environmental documents related to the Project that ran to July 27, 2006; and WHEREAS, after notice having been lawfully given, a public hearing was scheduled before the East County Regional Planning Commission on Monday, July 14, 2008, which was subsequently continued to September 8, 2008 to allow staff time to respond and research additional questions from the Commission, where all persons interested therein might appear and be heard; and WHEREAS, on September 8, 2008, the East County Regional Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter and forwarded a recommendation to the Board of Supervisors to approve the project as contained in its Resolution No. 18-2008; and WHEREAS, after notice having been lawfully given, a public hearing was scheduled before the Board of Supervisors on Tuesday, November 18, 2008, where all persons interested therein might appear and be heard; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors ("the Board") takes the following actions: 1. In accordance with the California Environmental Quality Act, the State CEQA Guidelines and the County's CEQA Guidelines (together, "CEQA") this Board FINDS that the proposed Mitigated Negative Declaration ("MND") is adequate for the purposes of compliance with CEQA and ADOPTS the MND for the Project. In support of these actions and conclusions, this Board ADOPTS the CEQA Findings. This Board adopts these findings specifically for each of the Approvals and Entitlements it approves or recommends for approval for the Project. This Board certifies that it has been presented with the Initial Study and that it has reviewed and considered the information contained in the Initial RESOLUTION NO.2008/701 2 Study and the other information in the record prior to making the following recommendations, determinations, and findings. The Board further certifies that the Initial Study reflects the lead agency's independent judgment and analysis, and that the Initial Study has been completed in compliance with CEQA regulations. 2. ADOPTS the proposed General Plan Amendment (County File #GP040001) as part of the 4th Consolidated General Plan Amendment for 2008, which changes the General Plan Land Use Element Map land use designations for the subject site from Single Family Residential (SL) to Commercial Recreation (CR) as illustrated on the map under Figure 1 which is attached. 3. ADOPTS the proposed Rezoning (County File #RZ063187), changing the zoning designation of the subject site from A-2, General Agricultural District to R-B, Retail Business District, as described under Ordinance No. 2008-31. BE IT FUTHER RESOLVED that the reasons for these recommendations are as follows: FINDINGS I. Growth Management Performance Standards 1. Traffic: There will be an increase in traffic mainly on the holidays with the additional storage units. The project will generate an increase in additional AM and PM peak hour trips periodically. The applicant is required to make roadway improvements on Sugar Barge Road and convey to the County by offer of dedication additional right of way at certain locations along Sugar Barge Road and Willow Road right of way that are abrupt angle points to "smooth out" the alignment to allow for future widening. No preparation of a traffic report pursuant to the 1988 Measure C requirements is warranted. 2. Drainage and Flood Control: The applicant is required to collect and convey all stormwaters entering or originating within the project to an adequate natural or manmade water course. Issuance of grading or building permits shall not be issued until the collect and convey requirements and improvements have been met. The property is within the Flood Hazard Area, and will be subject to meet the requirements of the Floodplain Management Ordinance. RESOLUTION NO.2008/701 3 3. Water and Waste Disposal: The project site is within the Ironhouse Sanitary District service area. The Districts' have indicated that capacity exists to support the development. 4. Fire Protection: Prior to the issuance of a building permit, the applicant is required to demonstrate that all of the proposed development complies with the rules and regulations of the District. 5. Public Protection: The Growth Management Element Standard is 155 square feet of Sheriff facility station per 1,000 population. The small population increase associated with this project is not considered significant. The applicant is will be establishing a security gate for additional protection. 6. Parks & Recreation: The proposed project will not have a minor cumulative effect on demand for park and recreation facilities, and is not subject to payment of park dedication fees as the project is a recreational facility. II. Findings for Adoption of a Rezoning (County File:RZ063187) 1. Required Finding: The change proposed will substantially comply with the General Plan, as proposed for amendment under County File #GP040001. Project Finding: The property is zoned A-2 (General Agricultural)„ and the rezoning is to establish a use that is consistent with the General Plan, therefore, the proposed Retail Business District complies with the range of recreational uses outlined in the General Plan and is also consistent with the specific polices for the Bethel Island area. Therefore, the proposed rezoning is in compliance with the General Plan. 2. Required Finding: The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. Project Finding: Developing the subject property into dry boat and RV storage is compatible with the existing land use district already established on the adjacent property and other properties in the area. 3. Required Finding: Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. RESOLUTION NO.2008/701 4 Project Finding: The area demonstrates a need for recreational and boat storage of this nature, since the development of approximately 1300 single family residences off-island is anticipated with the completion of Cypress Lakes. This project enhances the recreational quality of the area while providing resources available to the community for storing equipment tied to water oriented recreation off of single family residential zoned properties. The rezoning of the property allows the County to fulfill this need. A. The Board has fully evaluated the extent to which the Project achieves each policy, including those pertaining to compatibility of land uses, compliance with principles of Urban Limit Line and Measure C-1990, protection of open space, standards regarding geology, soils, and earthquake risks, hazardous materials, flood hazards, and drainage, protection of water quality, protection of biological resources, transportation standards and goals, regional and_local housing needs, jobs/housing balance, noise, protection of air quality, protection of visual resources, standards for public services and utilities, protection of archaeological and historical resources. The Board has also fully considered the Project's compliance with all performance standards in the General Plan, including the Growth Management Element policies and standards (including those for traffic levels of service), and performance standards for public services and facilities. B. The Board finds that through the development of additional indoor and outdoor RV and boat storage space, the Project will help implement the Bethel Island related goals of the General Plan. III. Measure C-1998 and Related Resolutions A. The Board has considered the Project's compliance with the traffic service objectives of Measure C-1998, the Contra Costa Transportation Improvement and Growth Management Program and related Contra Costa Transportation Authority (CCTA) resolutions. B. Measure C-1988 established a Growth Management Program, "to assure that future residential, business and commercial growth pays for the facilities required to meet the demands resulting from that growth." The Program requires the County to adopt Traffic Level of Service (LOS) Standards keyed to types of land use, and to comply with the adopted standards; to "adopt a development mitigation program to ensure that new growth is paying its share of the costs associated with that growth;" to participate in the forum established by the RESOLUTION NO.2008/701 5 Authority to cooperate in easing cumulative traffic impacts, using the CCTA computer model; and to develop an implementation program that creates housing opportunities for all income levels. C. The County has complied with all these requirements. Most important, the County is achieving Measure C-1 988's overarching goal that development pay its own way. The County has identified Project conditions to ensure that the Applicant will defray the cost of those improvements that are proportionately attributable to the development. GACurrent Planning\curr-plan\staff reports\GP040001 boardreso.doc -6- I 6-I hereby certify that this 1s a true and correct copy of an action taken and entered on the minutes of the Board of supervisors on the date shown. ATTESTED. Clerk of the Board of Supdrvis rs anj County Administrator By Deputy RESOLUTION NO.2008/701 6 ORDINANCE NO.-2008 - 31 (Re-Zoning Land in the Bethel Island _ Area) . The Contra Costa County Board of Supervisors ordains as follows: SECTION I: Page E-28 & F-28 of the County's 2005 Zoning Map (Ord. No. 2005-03) is amended by re-zoning the land in the above area shown shaded on the maps)attached hereto and incorporated herein (see also Community Development Department File No. Fid - 063187 ) FROM: Land Use District A-2 -FH ( General Agricultural (Flood Hazard Overlay) TO: Land Use District R-B -FH ( Retail Business (Flood Hazard Overlay) and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2.002. R-B -FH S woo wRa A-2 a \2 R-B -FH \ f Soulhwind Sl Sugar•Barge.Rd \ -40 -F SECTION ll. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Cgs,.AcY - a newspaper published.in this County. PASSED on k1 k6 a by the following vote: Supervisor Ave No Absent Abstain 1. J. Gioia ( O O ( ) 2. G.B. Uilkema ( ) ( ) ( ) 3. M.N. Piepho . JK 4. S. Bonilla 1XI ( ) ( ) ( ) 5. F.D. Glover ( ) ( ) ( ) ATTEST: John Cullen, County Administrator and Clerk of the Board of Supervisors Chairman of the Board Dep. (SEAL) ORDINANCE NO. 2008 - 31 RZ063187-David Riggs Findings Map -B -F ♦` Sri/oN,,Rd R-B -FH ♦` ♦ A-2 PP ` d a GjSlteem Ot B� ` N @ ` 2. R-B -FH Sugar_Barge)Rd R-40 -FH Rezone from A-2 -FH to R-B -FH ® Bethel Island Area I, Walter MacVittie Chair of the East County Regional Planning Commission, State of California do hereby certify that this is a true and correct copy of page E-28 & F-28 of the County's 2005 zoning map. indicating thereon the decision of the Contra Costa County Planning Commission in the matter of David Riggs - RZ063187 ATTEST: Secretary of the Contra Costa County Planning Commission, State of Calf. This Commission certifies that it has been presented with the Initial Study and that it has reviewed and considered the information contained in the Initial Study and the other information in the record prior to making the following recommendations, determinations, and findings. The Commission further certifies that the Initial Study reflects the lead agency's independent judgment and analysis, and that the Initial Study has been completed in compliance with CEQA regulations. 2. RECOMMENDS to the Board of Supervisors APPROVAL of the proposed General Plan Amendment (County File # GP040001) changing the General Plan land use designations for the subject property from Single Family Residential Low-Density (SL) to Commercial Recreation (CR) and recommends that the Board ADOPT the findings. 3. RECOMMENDS to the Board of Supervisors APPROVAL of the proposed Rezoning (County File # RZ063187), changing the zoning designation of the property from General Agricultural District (A-2) to Retail Business District (R-B) BE IT FUTHER RESOLVED that the reasons for these recommendations are as Follows: FINDINGS FOR LAND USE PERMIT (County File#LP05-2026) 1. Growth Management Performance Standards 1. Traffi : There will be an increase in traffic mainly on the holidays with the additional storage units. The project will generate an increase in additional AM and PM peak hour trips periodically. The applicant is required to make safety enhancements to Willow Road along the parcel frontage and convey to the County by offer of dedication additional right of way at certain locations along Willow Roadright of way that are abrupt angle points to "smooth out" the alignment to allow for future widening. No preparation of a traffic report pursuant to the 1988 Measure C requirements is warranted. 2. Drainage and Flood Control: The applicant is required to collect and convey all stormwaters entering or originating within the project to an adequate natural or manmade water course. Issuance of grading or building permits shall not be issued until the collect and convey requirements and improvements have been met. The property is within the Flood Hazard Area, and will be subject to meet the requirements of the Floodplain Management Ordinance. 3. Water and Waste Disposal: The project site is within the Ironhouse Sanitary District service area. The Districts' have indicated that capacity exists to support the development. 4. Fire Protection: Prior to the issuance of a building permit, the applicant is required to demonstrate that all of the proposed development complies with the rules and regulations of the District. 5. Public Protection: The Growth Management Element Standard is 155 square feet of Sheriff facility station per 1,000 population. The small population increase associated with this project is not considered significant. The applicant is will be establishing a security gate for additional protection. RESOLUTION NO. 18-2008 2 6. Parks & Recreation: The proposed project will not have a minor cumulative effect on demand for park and recreation facilities, and is not subject to payment of park dedication fees as the project is a recreational facility. 11. General Plan Consistency A. The Project is consistent with the General Plan as proposed for amendment. The General Plan Amendment approved for this project will not cause the General Plan to become internally inconsistent. The Project proposes a General Plan Amendment to redesignate approximately 38 acres from SL, Single Family Residential to CR, Commercial Recreation. The General Plan Amendment and the remainder of the General Plan comprise an integrated, internally consistent and compatible statement of policies for the County. The various land uses authorized for the Project, and each of its components, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan. The Project is compatible with and conforms to the objectives, policies, general land uses and programs specified in the General Plan. The Project will further the objectives and policies of the General Plan and not obstruct their attainment. B. The Commission has considered the effects of the Project on the housing needs of the region and balanced those needs against the public service needs of County residents and available fiscal and environmental resources. The Project.helps to achieve a desirable balance. The Project is in harmony with surrounding neighborhoods, and the site as designed for the Project is physically suitable for the development proposed. C. The General Plan comprises many objectives, policies, principles, programs, standards, proposals and action plans (collectively "policies"), as well as performance standards. At times the policies necessarily compete with each other. Examples of the tension between General Plan policies are found between those policies that promote managed growth, and those that provide for protection of resources that exist because land is undeveloped (such as open space, visual resources and agricultural land). As part of approving the Project, all applicable General Plan policies and the extent to which the Project conforms to each of those policies have been considered. D. The Commission has fully evaluated the extent to which the Project achieves each policy, including those pertaining to compatibility of land uses, compliance with principles of Urban Limit Line and Measure C-1990, protection of open space, standards regarding geology, soils, and earthquake risks, hazardous materials, flood hazards, and drainage, protection of water quality, protection of biological resources, transportation standards and goals, regional and local housing needs,jobs/housing balance, noise, protection of air quality, protection of visual resources, standards for public services and utilities, protection of archaeological and historical resources. The Commission has also fully considered the Project's compliance with all performance standards in the General Plan, including the Growth Management Element policies and standards (including those for traffic levels of service), and performance standards for public services and facilities. E. The Commission finds that through the development of additional indoor and outdoor RV and boat storage space, the Project will help implement the Bethel Island related goals of the General Plan. RESOLUTION NO. 18-2008 3 IV. Measure C-1998 and Related Resolutions A. The Commission has considered the Project's compliance with the traffic service objectives of Measure C-1998, the Contra Costa Transportation Improvement and Growth Management Program and related Contra Costa Transportation Authority (CCTA) resolutions. B. Measure C-1988 established a Growth Management Program, "to assure that future residential, business and commercial growth pays for the facilities required to meet the demands resulting from that growth." The Program requires the County to adopt Traffic Level of Service (LOS) Standards keyed to types of land use, and to comply with the adopted standards; to "adopt a development mitigation program to ensure that new growth is paying its share of the costs associated with that growth;" to participate in the forum established by.the Authority to cooperate in easing cumulative traffic impacts, using the CCTA computer model; and to develop an implementation program that creates housing opportunities for all income levels. C. The County has complied with all these requirements. Most important, the County is achieving Measure C-1988's overarching goal that development pay its own way. The County has identified Project conditions to ensure that the Applicant will defray the cost of those improvements that are proportionately attributable to the development. WHEREAS, at the September 8, 2008 hearing the Commission modified the conditions of approval to include the following: COA#6 Hours of operation shall be limited from dawn to dusk. COA#51 Prior to approval, the final Stormwater Control Plan shall adequately demonstrate that the "non- traditional" Stormwater Management BMP features (such as CDS units, natural swales, etc.) proposed in the preliminary Stormwater Control Plan shall be shown to provide a degree of stormwater treatment compliant with the NPDES permit and/or equivalent to the degree of treatment provided by traditional BMPs designed and sized in accordance with the Stormwater C.3 Guidebook. The final Stormwater Control Plan shall demonstrate, to the satisfaction of the Health Services Department (Environmental Health Division) or other appropriate regulatory agency, that this development will not significantly impact water quality in nearby drinking wells. NOW BE IT RESOLVED that the Secretary of this Commission will sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors, all in accordance with the Government Code of the State of California. RESOLUTION NO. 18-2008 4 This Resolution was approved upon motion of the East County Regional Planning Commission on Monday, September 8, 2008 by the following vote: AYES: Hanna, Stevenson, Pigati, and Day NOES: None ABSENT: MacVittie ABSTAIN: None Walter MacVittie, Chair of the East County Regional Planning Commission County of Contra Costa, State of California ATTEST: Catherine O. Kutsuris, Secretary County of Contra Costa State of California Contact: Lashun Cross, Planning Div., DCD(335-1229) cc: Department of Conservation and Development CAO County Counsel Riggs Enterprise (O&A) Public Works Department-Engineering DCD-GIS File RESOLUTION NO. 18-2008 5 EXHIBIT 3 Conditions of Approval FINDINGS, GROWTH MANAGEMENT, AND CONDITIONS OF APPROVAL FOR A LAND USE PERMIT AND DEVELOPMENT PLAN COUNTY FILE #LP052026 PER SEPTEMBER 8, 2008 EAST COUNTY REGIONAL PLANNING COMMISSION APPROVAL A. Growth Management Performance Standards 1. Traffic: There will be an increase in traffic mainly on the holidays with the additional storage units. The project will generate an increase in additional AM and PM peak hour trips periodically. The applicant is required to make safety enhancements to Willow Road along the parcel frontage and convey to the County by offer of dedication additional right of way at certain locations along Willow Road right of way that are abrupt angle points to "smooth out" the alignment to allow for future widening. No preparation of a traffic report pursuant to the 1988 Measure C requirements is warranted. 2. Drainage and Flood Control: The applicant is required to collect and convey all stormwaters entering or originating within the project to an adequate natural or manmade water course. Issuance of grading or building permits shall not be issued until the collect and convey requirements and improvements have been met. The property is within the Flood Hazard Area, and will be subject to meet the requirements of the Floodplain Management Ordinance. 3. Water and Waste Disposal: The project site is within the Ironhouse Sanitary District service area. The Districts' have indicated that capacity exists to support the . development. 4. Fire Protection: Prior to the issuance of a building permit, the applicant is required to demonstrate that all of the proposed development complies with the rules and regulations of the District. 5. Public Protection: The Growth Management Element Standard is 155 square feet of Sheriff facility station per 1,000 population. The small population increase associated with this project is not considered significant. The applicant is will be establishing a security gate for additional protection. 6. Parks & Recreation: The proposed project will not have a minor cumulative effect on demand for park and recreation facilities, and is not subject to payment of park dedication fees as the project is a recreational facility. B. Findings for Approval of a Rezoning 1. Required Finding: The change proposed will substantially comply with the general plan. Conditions of Approval 2 Project Finding: The property is zoned A-2 (General Agricultural)„ and the rezoning is to establish a use that is consistent with the General Plan, therefore, the proposed Retail Business District complies with the range of recreational uses outlined in the General Plan and is also consistent with the specific polices for the Bethel Island area. Therefore, the proposed rezoning is in compliance with the General Plan. 2. Required Finding: The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. Project Finding: Developing the subject property into dry boat and RV storage is compatible with the existing land use district already established on the adjacent property and other properties in the area. 3. Required Finding: Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Project Finding: The area demonstrates a need for recreational and boat storage of this nature, since the development of approximately 1300 single family residences off-island is anticipated with the completion of Cypress Lakes. This project enhances the recreational quality of the area while providing resources available to the community for storing equipment tied to water oriented recreation off of single family residential zoned properties. The rezoning of the property allows the County to fulfill this need. C. Findings for Adopting a Development Plan Approval of a Final Development Plan 1. Required Finding: The proposal is consistent with the purpose of the affected zoning district. Project Finding: The applicant has expressed a desire to begin construction immediately after required permits and compliance with the conditions of approval have been granted. 2. Required Finding: The proposal is architecturally compatible with other uses in the vicinity,both inside and outside the affected zoning district. Project Finding: The area is characterized primarily by residential development within a water recreational zoning district and large areas of underutilized lands. The proposed development will be of a quality that shall match the existing dry boat storage and recreational development directly north and northeast of the property. The addition of the landscaping plan will increase the visual and aesthetic characteristic of the project. This use of the subject property helps fulfill the policies within the General Plan. Conditions of Approval 3 D. Findings to Establish a Land Use Permit I. The proposed land use shall not be detrimental to the health, safety, and general welfare of the County because use of the property for dry boat and RV storage is compatible with the neighborhood and existing Sugar Barge Resort and Marina. The proposed use is a use that has been previously established on the adjacent property with the granting of a approved land use permit. 2. The proposed project shall not adversely affect the orderly development of property within the County because the proposal for an expansion of the existing recreational facility to allow dry boat and RV storage would be incidental to Sugar Barge Marina and is a use that can be found consistent with the proposed (R-B) Retail Business zoning and (CR) Commercial Recreation General Plan designation. 3. The proposed project shall not adversely affect the preservation of property values and the protection of the tax base within the County because the site will be zoned Retail Business which allows for the establishment of outdoor storage with the discretionary review and approval of a Land Use Permit. 4. The proposed project shall not adversely affect the policy and goals as set by the General Plan. The site's proposed General Plan Amendment designation is Commercial Recreation (CR). A goal of the General Plan is to provide a range of commercial and recreational uses typically found in small scale neighborhoods including retail and personal service facilities. The proposed permit to allow expansion of the Sugar Barge facility for dry boat and RV storage is consistent with the goals and policies of the General Plan. 5. The proposed project shall not create a nuisance and /or enforcement problem within the neighborhood or community because use of the dry boat and RV storage facilities will have a security gate with access hours between 6 A.M. to 9 P.M. 6. The project shall not encourage marginal development within the neighborhood. The submitted plans indicate use and design that is compatible and appropriate with the adjacent surroundings and districts. CONDITIONS OF APPROVAL General 1. This approval is based upon the exhibits received by the Community Development Department listed as follows: Approved pursuant to Plans as Generally Shown on the revised Development Plans: Conditions of Approval 4 A. Sheets C1 to C5 and L1 to L5 dated received by the Community Development Department on February 7, 2006. Included in these plans are the following details: Sheet Numbers Description C2 Site Development Plan C3 Grading and Drainage Plan C4 Grading Cross Sections C5 Erosion Control Plan L1-L2 Planting Plan Details L3-L4 Irrigation Plan The approval is also based upon the following reports: B. A Cultural/Archaeological Assessment of a 38 acre Parcel (APN 030- 110-006), Located at Willow Road., Bethel Island, Contra Costa County, California. Prepared by LSA Associates Inc. November 6, 2002. C. Biological Reconnaissance Assessment for the Field Property, Willow Road, Contra Costa County California. Prepared by LSA Associates, Inc. October 28, 2002. D. Geotechnical Investigation Report for the proposed project on the subject parcel, Located at Willow Road was prepared by Terrasearch, Inc. on January 26, 2000 and revised on February 2000. E. USACE letter regarding Verification for the Wetland Delineation and Preliminary Jurisdictional Determination for the Site, Contra Costa County, California. May 3, 2000. F. Wetland Delineation, Field Property, Willow Road. Prepared by LSA Associates, Inc. Consulting. July 22, 1998. Verified by USAGE. 2. The Land Use Permit Approval is Contingent on the following Board of Supervisors actions; A. Approval of the proposed General Plan amendment, County File GP04-0001. B. Approval of the Rezoning application, County File RZ063187. Payment of Any Supplemental Application Fees Due 3. This application is subject to an initial application fees of($37,530.00), which was paid with the application submittal, plus time and material costs if the Conditions of Approval 5 application review expenses exceed 100% 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 permit whichever 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 additional fees are owed, a bill will be sent to the applicant shortly after permit issuance. 4. Compliance Report — At least 45 days prior to filing a final map or issuance of grading permit, which ever occurs first, the applicant shall submit a report on compliance with the conditions of approval with this permit for the review and approval of the Zoning Administrator. The fee for this application is a deposit of$1,000 that is subject to time and materials costs. Should staff costs exceed the deposit, additional fees will be required. A. Except for those conditions administered by the Public Works Department, the report shall list each condition followed by a description of what the applicant has provided as evidence of compliance with that condition. The report shall also indicate whether the applicant believes that he has done all the applicant is in a position to do to comply with the applicable condition. (A copy of the conditions of approval may be available; to obtain a copy, contact Current Planning at 335-1210.) B. Unless otherwise indicated,the applicant will be required to demonstrate compliance with the condition of this report prior to filing the final map. Lighting Control 5. All outdoor lighting associated with the proposed development shall be designed and located to minimize ambient light levels consistent with public safety standards. Area lighting shall be directed downward with no splay of lighting directed offsite. Outdoor lighting that is greater than ten feet high shall incorporate a cut-off shield that prevents the light source from being directly visible from areas offsite. No lighting shall blink, flash, or be of unusual high intensity or brightness. Ten days prior to the request or issuance of building permits to install lighting on-site the applicant shall provide a lighting plan for review and approval of the Zoning Administrator. Hours of Operation 6. Hours of operation shall be limited from dawn to dusk. Final Landscape Plan 7. Prior to the issuance of building or grading permits, the applicant shall submit a Final Landscape plan consisting of pest-resistant plants and .plantings appropriate to site soil, climate, wind, and,rain. In addition, the Conditions of Approval 6 plans shall be designed to minimize use of fertilization, irrigation and accommodate the anticipated runoff as shown in the preliminary approved Stormwater Control Plan dated February 7, 2006. The Final Landscape plans must be detailed and prepared by a certified and/or licensed landscape architect or botanist and submitted for the review and approval of the Zoning Administrator. 8. The Final Plan shall, be designed in accordance with the landscape plan exhibit on sheets Ll-5 of the development plans, the Stormwater Control Plan, and the Water Conservation Ordinance and shall be installed prior occupancy of any of the dry boat storage prefabricated metal buildings. Parking 9. Prior to the issuance of a building permit the applicant shall demonstrate that the proposed paved parking spaces are 9 ft by 19ft in dimension, Handicapped spaces shall be appropriately identified and in compliance with ADA (American Disability Act), and a minimum of 10 spaces are provided to accommodate temporary vehicular parking for customers. Biological 10. Pre-construction surveys of all potential raptor nesting habitat within 500 feet of the project site shall occur within 30 days of ground disturbing activities/project construction. If occupied raptor nests are found within 250 feet of the proposed construction area, a protection zone shall be established around the nest with orange construction fencing and/or staking that shall remain until the juveniles have fledged and are independent of the nest. The width of raptor nest protection zones will be variable and established based on site specific conditions such as the individual raptors/species tolerance to activity and screening vegetation or topography. The protection zones will be established by a qualified wildlife biologist in consultation with the California Department of Fish and Game. No Construction or earth moving activity shall occur within the designated buffer until it is determined that the species have fledged or attain sufficient skills to avoid project zones. (MM Biology) 11. Prior to the issuance of a building or grading permit a Pre-construction survey for western pond turtle and giant garter snake shall be conducted by a qualified biologist not more than 48 hours in advance of ground disturbing activities/ project construction. .All suitable habitat on and immediately adjacent (within 100 feet) to the project site shall be surveyed. If evidence of either species is found, the appropriate State and Federal agencies shall be contacted prior to commencement of any construction on site. (MM Biology) Conditions of Approval 7 12. At least 30 days prior to the issuance of any grading or building permits the applicant shall provide a copy of the individual permit authorization from the U.S. Army Corps of Engineers (USACE) and a copy of the permit application with supporting documentation such as the wetlands mitigation plan and 404 (b)(1) alternative analysis. In addition, the applicant shall provide a copy of the Water Quality Certification form the Regional Water Quality Control Board (RWQCB) pursuant to Section 401 of the Clean Water Act. (MM Biology) In accordance with the U.S. Army Corps of Engineers requirement for the permanent fill of 0.68 acres of unavoidable, wetlands impacts shall be mitigated through the creation of new seasonal wetlands off-site at the approved Elsie Gridley Mitigation Bank. Wetlands shall be created at a ratio of 1:1 (created:filled). The applicant shall provide evidence to the Community Development Department that the created new seasonal wetlands has been implemented and accepted by the USAGE. (MM Biology- Wetlands will be replaced.) Cultural 13. At least 30 days prior to the issuance of grading and building permits the developer shall obtain a contract at the developers expense with a qualified archaeologist to monitor all ground disturbing activities within the project area until final grade has been achieved or to such time the monitor concludes that monitoring is no longer necessary. A copy of the contract, the schedule of construction days indicating the days the monitor is to be present shall be provided for the review and approval of the Zoning Administrator. Ground disturbing activities include but are not limited to excavation, auguring, grading, dredging, clearing, grubbing, and any stump removal. (MM Cultural) 14. If deposits of prehistoric archaeological materials are encountered during project activities, the on site archaeological monitor should be notified immediately. All work within 50 feet of the discovery should be redirected until the archaeologist monitor can examine the finds and make recommendations. (MM Cultural) 15. Prehistoric materials can include flaked stone tools (e.g., projectile points, knives, choppers) or obsidian, chert, or quartzite tool, making debris, midden (i.e., culturally darkened soil often containing heat affected rock, ash, and charcoal, shellfish remains, and cultural materials); and stone milling equipment (e.g. mortars, pestles, hand stones). Historical materials may include wood, metal, glass, ceramics, and other refuse. (MM Cultural) Conditions of Approval 8 16. If archaeological deposits are identified, it is recommended that such deposits be avoided by project activities. If the deposits can not be avoided, they should be evaluated to determine whether they are eligible for listing, adverse effects to it will need to be avoided or mitigated. Section 7050.5 of the California Health and Safety Code states that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site of any nearby area reasonably suspected to overlie adjacent remains until the coroner of the County has determined whether or not the remains are subject to the coroner's authority. If human remains are encountered the on-site archaeologist monitor should be informed immediately. Work should halt within 50 feet of the find and the County Coroner notified. If the remain are of North American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of identification. (MM Cultural) Geology and Soils 17. At least 30 days prior to requesting construction permits (i.e grading and building pennits), the applicant shall submit an updated geotechnical report that a) provides an additional subsurface data to evaluate the geometry and thickness of the sand, b) provides an assessment of the liquefaction potential of the associated hazards, explaining details of the methodology/parameters assumptions used in the analysis; c) provide practical measures to control/avoid damage from liquefaction, andd) provide testing protocols to confinn that adequate mitigation has been achieved (do not assume remediation is not feasible/nor required). (MM-Geology) The updated geotechnical report and chemical testing data shall be subject to the review and approval of the County Zoning Administrator and County Geologist and accompanied with a fee of$750 made payable to the Contra Costa County Community Development Department. (MM-Geology) 18. Prior to the issuance of any type of construction/grading pennits, chemical testing of representative building pad soils shall be submitted for the review and approval of the Zoning Administrator and County Geologist to determine the level of corrosive protection required for steel and concrete materials uses for construction. The following measures shall be implemented where appropriate to protect against corrosion: use of sulfate- resistant concrete and use of protective linings to encase steel piping buried in native soils. (MM-Geology) 19. The Geotechnical Engineer shall a) review and approve grading, drainage and foundation plans prior to the issuance of construction/grading pen-nits by providing a dated and signed letter accompanied with the grading and/or Conditions of Approval 9 building plans to verify that the plans incorporate the geotechnical recommendations aimed for minimizing expansive soils effects and fill settlement on structures. (MM-Geology) The developer shall hire a certified geotechnical engineer to observe construction to assure compliance with recommendations in the approved geotechnical report. A copy of the contract and schedule of the certified geotechnical engineer shall be provided to the Community Development Department prior to the clearance of grading and building permits. (MM- Geology) 20. Prior to the issuance of a grading permit the applicant shall submit a site plan prepared by a qualified biologist, that is to accompany all grading plans, that accurately identifies all jurisdictional wetland areas and the areas located outside of the immediate grading footprint shall be avoided during construction and no fill is allowed within these areas. Exclusion fencing shall be erected at the boundary of the wetlands and the active project area to limit access of heavy equipment and expansion of the construction area. Access 21. Direct access to the project site from Willow Road is not approved with this permit. The applicant will be required to file for an amendment to the land use permit for the review and approval of the Zoning Administrator prior to implementation of an alternative entrance to the site. Unless, the applicant can demonstrate that Willow Road contains a right of way width greater than fifty-five feet. Flood Hazard 22. This project is located in a Special Flood Hazard Area as designated on the Federal Emergency Flood Insurance Rate Maps. The applicant shall comply with the requirements of the Federal Flood Insurance Program and the County Floodplain Management Ordinance (Ordinance No. 2000-33) as they pertain to future construction of any structures on this property. The applicant shall obtain approval from the Floodplain Representative prior to the clearance of any construction permits. Fire Protection District 23. Prior to the approval of permits, the applicant is required to demonstrate that all of the proposed development complies with the rules and regulations of the East Contra Costa County Fire District. Conditions of Approval 10 Debris Recovery 24. Prior to the issuance of building permits, the developer shall submit a "Debris Recovery Plan" demonstrating how they intend to recycle, reuse, or salvage building materials and other debris generated from the demolition of existing buildings and/or the construction of new buildings. Contact Lorna Brown, Resource Recovery Specialist 925-335-1231 or go to http://www.co.contra-costa.ca.us/depart/cd/recycle/c-n-d/packet.pdf for further information. 25. Prior to final inspection by the Building Inspection Dept., the developer shall submit a completed"Debris Recovery Project" documenting actual debris recovery efforts (including quantities of recovered and land filled materials) that occurred throughout the project's duration. Air Quality 26. Prior to the issuance of grading permits or building permits and ongoing throughout the project the applicant shall provide that the "Basic Measures" and "Enhanced Measures" listed below be incorporated into the construction plans and implemented for the proposed project. The "Optional Measures" listed (also listed below) shall be incorporated if further emission reductions are deemed necessary by the County. To ensure compliance, the Applicant shall submit the construction plans for the review and approval of the zoning administrator prior to issuance of grading or building permits with the following criteria included as part of the "Notes"on the plans: Basic Measures: • Water all active construction areas at least twice daily. • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. • Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. • Sweep daily (preferably with water sweepers) all paved access roads, parking areas and staging areas at construction sites. • Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. Enhanced Measures: • Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas. • Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). 0 Limit traffic speeds on unpaved roads to 15 mph. C Conditions of Approval 11 • Install sandbags or other erosion control measures to prevent silt runoff to public roadways. • Replant vegetation in disturbed areas as quickly as possible. Optional Measures: • Install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site. • Suspend excavation and grading activity when winds exceed 25 mph. • Limit the area subject to excavation, grading and other construction activity at any one time. 27. Prior to issuance of a grading permit, pre-construction surveys of all potential nesting raptor habitat shall be conducted by a qualified biologist within the project area and within 250 feet of the proposed area of disturbance, to the extent feasible based on access. Pre-construction surveys must be completed no more than 30 days before construction activities. Presence or sign of nesting raptors and all potentially occupied nest shall be recorded and monitored according to CDFG and California Consortium guidelines (CBOC, 1993, 1994). A monitoring report shall be submitted to CDFG no later than two weeks before initiation of grading. Hydrology and Water Quality 28. Erosion Control Measures shall be implemented on all areas during the rainy season, from October 15-April 15. The measures shall be operable prior to October 1 of any year grading operations have left areas unprotected from erosion. (MM-Hydrology and Water Quality) The applicant shall provide evidence that the Storm Water Pollution Prevention Plan contains appropriate Best Management Practices to reduce erosion and water quality impacts. Erosion control measures shall also be reflected in the grading plans and construction documents for the project. The Best Management Practices should include, but not be limited to the following measures: • Protect stormwater inlets by using a double row of straw bales to absorb sediment and pollutants. Protect the stormwater inlets from vehicular damage; • Install sediment traps in catch basins and drain inlets, or create an overflow drain by raising the inlet so hat sediments will settle before reaching the drain; • Prevent spills and leaks from construction vehicles and equipment; • Clean up spills immediately when they happen, using dry cleanup methods whenever possible, and if water must be used, use just enough to keep the dust down; • Store materials under cover; Conditions of Approval . 12 • Cover and maintain dumpsters; • Clean up paints and solvents, adhesives, and cleaning solutions properly; • Keep fresh concrete and cement mortars out of gutters, storm drains, and streams; • Service and maintain portable toilets; • Dispose of cleared vegetation properly; • Make sure all demolition waste is properly disposed of, • Plan pavement construction to avoid stormwater pollution including: Apply asphalt and seal coat during dry weather; cover catch basins and manholes when applying seal coat; and always park pavers over drip pans or absorbent material. 29. The applicant shall ensure that operations under the permit that are within five hundred feet of residential or commercial occupancies, except as otherwise provided by conditions of approval for the project, shall be limited to weekdays and to the hours,between seven-thirty a.m. and five p.m., except that maintenance and service work on equipment may be performed at any time. Construction 30. Construction Period Development Activity Restrictions — Contractor and/or developer shall comply with the following construction noise, dust, litter, and traffic control requirements: A. All construction activities shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and shall be prohibited on state and federal holidays on the calendar dates that these holidays are observed by the state or federal government as listed below: New Year's Day (State and Federal) Birthday of Martin Luther King, Jr. (State and Federal) Washington's Birthday/Presidents' Day (State and Federal) Lincoln's Birthday (State) Cesar Chavez Day(State) Memorial Day(State and Federal) Independence Day(State and Federal) Labor Day (State and Federal) Columbus Day(State and Federal) Veterans Day (State and Federal) Thanksgiving Day(State and Federal) Day after Thanksgiving (State) Christmas Day (State and Federal) Conditions of Approval 13 For specific details on the actual day the state and federal holidays occur, please visit the following websites: Federal Holidays http://www.opm.gov/fedhol/2006.asp California Holidays http://www.edd.ca.gov/eddsthol.htm B. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers that are in good condition and shall locate stationary noise-generation equipment such as air compressors and concrete pumpers as far away from existing residences as possible. C. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. D. Transporting of heavy equipment and trucks shall be limited to the hours of 9:00 A.M. and 4:00 P.M., Monday through Friday, and is prohibited on state and federal holidays. E. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. F. At least one week prior to commencement of grading, the applicant shall post at the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall also be included. The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles and the 24-hour emergency number shall be expressly identified on 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. G. Prior to approval of the final map or issuance of a grading permit, the applicant shall provide a letter to the Community Development Department indicating that he/she has fully disclosed these requirements to all contractors and subcontractors within this project. Conditions of Approval 14 PUBLIC WORKS RECOMMENDED CONDITIONS OF APPROVAL FOR LAND USE PERMIT 05-2026 Applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the County Ordinance Code. Any exceptions must be stipulated in these conditions of approval. Conditions of Approval are based on the Revised Site Plan submitted to the Community Development Department on February 7, 2006 and Stormwater Control Plan received on May 4, 2006. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT OR INITIATION OF THE USE PROPOSED UNDER THIS PERMIT. General Requirements: 31. Improvement plans prepared by a registered civil engineer shall be submitted, if necessary, to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this permit. Any necessary traffic signage and striping shall be included in the improvement plans for review by the Transportation Engineering Division of the Public Works Department. Roadway Improvements (Sugar Barge Road): 32. Applicant shall construct pavement widening to provide a 20-foot hal-f width, longitudinal and transverse drainage, necessary street lighting, and temporary conforms for paving and drainage along the project frontage of Sugar Barge Road. Exception Applicant is granted an exception from installation of frontage improvements along Sugar Barge Road, provided that a Deferred Improvement Agreement is executed for the following improvements: 1. Construction of pavement widening and transitions to provide a 20 foot half-width, longitudinal and transverse drainage, necessary street lighting, and temporary conforms for paving and drainage along the project frontage of Sugar Barge; and, 2. At the time the Deferred Improvement Agreement is called up, the property owner shall submit improvement plans, prepared by a registered Civil Engineer to Public Works, Engineering Services Division, along with review and inspection fees, and security for all required improvements. These plans shall include any necessary Conditions of Approval 15 traffic signage and striping plans for review by the Transportation Engineering Division. 33. Applicant shall locate new gates, if any are proposed, a minimum of 20 feet from the edge of pavement to allow vehicles to queue without obstructing through traffic along Sugar Barge Road. 34. Applicant shall pave the first 50 feet of each driveway entrance shown on the revised site plan to prevent dust and gravel from spilling onto Sugar Barge Road. Access to Adjoining Property: Proof of Access 35. Applicant shall furnish proof to Public Works of the acquisition 'of all necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements. Encroachment Permit 36. Applicant shall obtain an encroachment permit from the County's Application and Permit Center, if necessary, for construction of any improvements within the right of way of Willow Road. Sight Access 37. _ Applicant shall only be permitted access at the locations of the driveways shown on the revised site plan. Road Dedications: 38. Applicant shall convey to the County, by Offer of Dedication, 60 feet of right of way necessary for the future planned width of 60 feet along the project frontage of Sugar Barge Road. Applicant shall convey to the County, by Offer of Dedication, additional right of way to accommodate a smooth curve (offset 30 feet from the existing centerline of the road) at the angle point located approximately 343 feet north of the southeastern corner of the subject property, along the frontage of Willow Road. Sight Distance: 39. Applicant shall provide sight distance at the proposed access points (private driveways) with Sugar Barge Road for a design speed of 35 miles per hour. Conditions of Approval 16 The applicant shall trim vegetation, as necessary, to provide sight distance at these intersections, and any new signage, landscaping, fencing, retaining walls, or other obstructions proposed at these access points shall be setback to ensure that the sight line is clear of any obstructions. Utilities/Un d ergrou n ding: 40. Any new utility distribution facilities shall be installed underground. Maintenance of Facilities: 41. Prior to issuance of a building permit, the applicant shall provide an Operation and Maintenance (O&M) plan describing the long-term maintenance practices and responsibilities with respect to the proposed stormwater mechanical devices, subject to the review of the Public Works Department. Drainage Improvements: Collect and Convey 42. Applicant shall collect and convey all storm water entering and/or originating on this property without diversion and within an adequate storm drainage facility, to an adequate natural watercourse having a definable bed and banks, or to an existing adequate public storm drainage system which conveys the storm waters to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. 43. Applicant shall be permitted to collect and convey storm waters to a drainage facility maintained by an Irrigation District provided that the applicant provides: Written substantiation that the Irrigation District accepts the storm water in perpetuity. - Written substantiation that the Irrigation District owns fee title to the drainage facility from the point of discharge to the natural watercourse. - Substantiation that the Irrigation District facility is adequately sized to accommodate the design storm plus the Irrigation District flows. The design flow shall be based on ultimate development anticipated in the area. - Adequate capacity analysis, which considers the presence of low spots in any District canal, which may reduce the system's capacity. Miscellaneous Drainage Requirements: 44. Applicant shall design and construct all storm drainage facilities in compliance with the County Ordinance Code and Public Works Design Standards. Conditions of Approval 17 Pedestrian Facilities: 45. _ The applicant shall design all public and private pedestrian facilities in accordance with Title 24 (Handicap Access) and the Americans with Disability Act. This shall include any walkways or paths constructed with this permit. . Provision 11C.3" of the NPDES Permit: 46. This project shall fully comply with the County's Stormwater Management and Discharge Control Ordinance, the Stormwater C.3 Guidebook, and the requirements of the Regional Water Quality Control Board. As part of these requirements, the applicant shall incorporate Best Management Practices (BMPs) to the maximum extent practicable into the design of this project, implement them and provide for perpetual operation and maintenance for all treatment BMPs. 47. A Stormwater Control Plan received on May 4, 2006 by the Public Works Department was reviewed and determined to be preliminarily complete. Although the Stormwater Control Plan has been determined to be preliminarily complete, it is subject to revision during the preparation of improvement plans, as necessary to bring it into full compliance with C.3 stormwater requirements. The applicant shall submit to the Public Works Department a final approved Stormwater Control Plan that has been certified and stamped by a licensed, professional Civil Engineer, Architect, or Landscape Architect. 48. All construction plans (including but not limited to: site, improvement, structural, mechanical, architectural, building, grading and landscaping plans) shall comply with the preliminarily approved Stormwater Control Plan (SWCP) or any subsequently revised SWCP, the County's Stormwater Management and Discharge Control Ordinance, the "C.3 Guidebook" and the requirements of the Regional Water Quality Control Board. All construction plans shall include details and specifications necessary to implement all measures of the SWCP, subject to the review and approval of the County. To insure conformance with the SWCP, the applicant shall submit a completed "Construction Plan C.3 Checklist" indicating the location on the construction plans of all elements of the SWCP as described in the "C.3 Guidebook." 49. Any water quality features that are designed to retain water for longer then 72 hours shall be subject to the review of the Contra Costa Mosquito & Vector Control District. 50. The applicant shall provide a Stormwater Control Operation and Maintenance (O&M) Plan for the review of the Public Works Department, and record of an Operation and Maintenance Agreement, including any necessary rights-of- entry, prior to issuance of a building permit. Conditions of Approval 18 51. The applicant shall annex into any financing mechanisms (e.g. Community Facilities District) formed to ensure that all costs associated with the perpetual Operation & Maintenance, administration and reporting of these water quality features (including costs associated with all required County administration and reporting) are paid for by the property owner(s) that are or will be benefiting from this development. A. Prior to approval, the final Stormwater Control Plan shall adequately demonstrate that the "non-traditional" Stormwater Management BMP features (such as CDS units, natural swales, etc.) proposed in the preliminary Stormwater Control Plan shall be shown to provide a degree of .stormwater treatment compliant with the NPDES permit and/or equivalent to the degree of treatment provided by traditional BMPs designed and sized in accordance with the Stormwater C.3 Guidebook. B. The final Stormwater Control Plan shall demonstrate, to the satisfaction of the Health Services Department (Environmental Health Division) or other appropriate regulatory agency, that this development will not significantly impact water quality in nearby drinking wells. Storm Water Pollution Prevention Plan: 52. Prior to ground disturbance, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) to mitigate construction related impacts and submit it to the Regional Water Quality Control Board. The SWPPP shall be kept on-site at all times and shall be amended whenever there is a change in construction or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, or a municipal separate storm sewer system. National Pollutant Discharge Elimination System (NPDES): 53. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination Systems (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay -Region II or Central Valley Region-Region IV). Compliance shall include developing long-term best management practices (BMP's) for the reduction or elimination of storm water pollutants. The project design shall incorporate, wherever feasible, the following long-term BMP's in accordance with the Contra Costa County Clean Water Program for the site's storm water drainage: Conditions of Approval 19 Trash bins shall be sealed to prevent leakage, OR, shall be located within a covered enclosure. - Stencil advisory warnings ("No Dumping, Drains to Delta") using thermoplastic tape. - Minimize the amount of directly connected impervious surface area. - Shallow roadside and on-site swales. - Distribute public information items regarding the Clean Water Program to users of the site. - Develop a perpetual maintenance program for on-site clean water/drainage facilities. - Other alternatives comparable to the above as approved by the Public Works Department. ADVISORY NOTES THE FOLLOWING INFORMATION .DOES NOT CONSTITUTE CONDITIONS OF APPROVAL. IT IS PROVIDED TO ALERT THE APPLICANT TO LEGAL REQUIREMENTS OF THE COUNTY AND OTHER PUBLIC AGENCIES TO WHICH THIS PROJECT MAY BE SUBJECT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a 90-day period after the project is approved. The ninety (90) day period in which you may protest the amount of any fee or the imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the Community Development Department within 90 days of the approval date of this permit. B. Although the Stormwater Control Plan has been determined to be preliminarily complete, it remains subject to future revision, as necessary, during preparation of improvement plans in order to bring it into full compliance with C.3 stormwater requirements. Failure to update the SWCP to match any revisions made in the improvement plans may result in a. substantial change to the County approval, and the project may be subject to additional public hearings. Revisions to California Environmental Quality Act (CEQA) documents w Conditions of Approval 20 may also be required. This may significantly increase the time and' applicant's costs associated with approval of the application. C. This project may be subject to the requirements of the Department of Fish and Game. It is the applicant's responsibility to notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish and Game Code. D. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained. E. Comply with the Bridge/Thoroughfare'Fee Ordinance requirements for the Bethel Island Area of Benefit and ECCRFFA (RTDIM) Area of Benefit as adopted by the Board of Supervisors. These fees must be paid prior to issuance of a building permit. F. The subject property is located in a Special Flood Hazard Area as designated on the Federal Flood Insurance Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Floodplain Management Ordinance (Ordinance No. 2000-33) as they pertain to future construction of any structures on this property. G. Portions of this project are located in a Special Flood Hazard Area as designated on the Federal Emergency Flood Insurance Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Floodplain Management Ordinance (Ordinance No. 2000-33) as they pertain to future construction of any structures on this property. H. Comply with the requirements of the Ironhouse Sanitary District. I. Comply with the requirements of the East County Fire Protection District. J. Comply with the requirements of the County Office of the Sheriff. K. Comply with the requirements of the Building Inspection Department. Permits are required prior to grading and construction. lcc 10/06/06 GACurrent Planning\curr-plan\Staff Reports\LP05-2026 per ECRPC 9-8-2008 App.coa.doc Rev. 10-9-2008 - rd EXHIBIT 4 CEOA Determination • Mitigated Negative Declaration • Initial Study • Mitigation Monitoring Program ,�C&nmunityDennis M.Barry,AICP Contra • Community Development Director Development Costa Department County Administration Building County 651 Pine Street 06 AUG 4th Floor, North Wing --2 Ali 10: 08 Martinez, California 94553-0095 (925) 335-1210 Phone: DATE: April 19, 2001 Srq U REVISED NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A PROPOSED MITIGATED NEGATIVE DECLARATION County File #LP052026 Pursuant to the State of California Public Resources Code and the"Guidelines for Implementation of the California Environmental Quality Act of 1970" as amended to date,this is to advise you that the Community Development Department of Contra Costa County has prepared an initial study on the following project: David Riggs (Applicant & Owner), County File #LP052026: The applicant requests approval to amend an existing land use permit, to expand a marina (Sugar Barge Resort) by constructing 19 metal buildings for dry boat storage and recreational vehicles with parking on a 38-acre site. In addition, the proposal includes a General Plan Amendment, County File#GP040001,that changes the General Plan designations from SL (Single Family Low Density) to CR (Commercial Recreational). The subject property is located west of Willow Road and east of Piper Road at 1440 Sugar Barge Road in the unincorporated Bethel Island area. (Zoning: A-2)(Atlas Page:E-28)(APN: 030-110-006) The proposed development will not result in any significant impacts. A copy of the mitigated negative declaration and all documents referenced in the mitigated negative declaration may be reviewed in the offices of the Community Development Department, and Application and Permit Center at the McBrien Administration Building,North Wing,Second Floor, 651 Pine Street, Martinez, during normal business hours. Public Comment Period-The period for accepting comments on the adequacy of the environmental documents extends to 5:00 P.M.,July 27,2006. Any comments should be in writing and submitted to the following address: Lashun Cross Community Development Department Contra Costa County 651 Pine Street,North Wing, 4th Floor JUN 2 6 2006 Martinez, CA 94553 WEIR, COUNTY ;`I-ERK BY co Cos. OUN— DEPUTY ELO - Office Hours Monday- Friday: 8:00 a.m.-5:00 p.m. Office is closed the 1st, 3rd & 5th Fridays of each month Environmental Checklist Form 1. Project Title: LP052026 2. Lead Agency Name and Address: Contra Costa County Community Development Department 651 Pine Street,NW, 2nd Floor 3. Contact Person and Phone Number: Lashun Cross(925)335-1229 4. Project Location: Sugar Barge Marina and Resort 1440 Sugar Barge Road Willow Road & Sugar Barge Rd Bethel Island, CA 5. Project Sponsor's Name and Address: David Riggs Riggs Enterprise P.O. Box 1440 Bethel Island, CA 94511 6. General Plan Designation: Existing SL(Single Family Residential-Low density) Proposed General Plan: CR(Commercial Recreational) . 7. Zoning: (A-2) General Agricultural District with a minimum of 5 acres. & Description of Project: David Riggs(Applicant&Owner) County File#LP052026: The applicant requests approval to amend an existing land use permit, to expand a marina(Sugar Barge Resort)by constructing 19 metal buildings for dry boat storage and recreational vehicles with parking on a 38 acre site. In addition,the proposal includes a General Plan Amendment, County File#GP040001 that changes the General Plan designation from SL(Single Family Low Density) to CR(Commercial Recreational). The subject property is located west of Willow Road and east of Piper Road at 1440 Sugar Barge Rd. in the unincorporated Bethel Island area. (Zoning: A-2) (Atlas Page: E-28) (APN: 030-110-006). 9. Surrounding Land Uses and Setting: The surrounding environment is a resort like setting open to the public for recreational purposes such as RV parking, campsites, a boat launch facility and restaurant, picnic areas, boat berths, and a recreational room with a pool. Along Willow Road, adjacent to the site are a few residential homes in an agricultural surrounding. 10. Other public agencies whose approval California Department of Fish and Game; is required(e.g.permits, financing, Army Corps of Engineers; approval, or participation agreement): Public Works Department; Building Inspection Department. 3 SOURCES In the process of preparing the Checklist and conducting the evaluation, the following references (which are available for review at Contra Costa County Community Development Department 651 Pine Street 5th Floor-North Wing, Martinez)were consulted: 1. Contra Costa General Plan 2005 -2020 (January 2005) 2. Zoning Ordinance 3. General Plan and Zoning Maps 4. Project Description and Site Plan 5. Cortese Hazardous Materials List, April 1998 6. Contra Costa County Important Farmland Map 2000 (Department of Conservation) 7. Site visit 8. Agency Comments/Bay Area Quality Management District 9. Field Review 10. Geotechnical Report prepared by Terrasearch Inc, February 2000 11. Archaeological Report prepared by LSA, November 2000 12. Biological Report prepared by LSA, October 2000 13. Wetlands Delineation Report prepared (LSA, July 22, 1998) 14. Williamson Act Contracts 15. Contra Costa County Airport Land Use Compatibility Plan 2000 16. Contra Costa County Public Works Flood Rate Map 17. Erosion Control Plan 5 H. AGRICULTURAL RESOURCES—In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997)prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agricultural and farmland. Would the project: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Source: 4, 6) X b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? (Sources: 2,4, 14) X C. Involve other changes in the existing environment, which due to their location or nature, could result in conversion of farmland, to non- agricultural use? (Sources: 2,4) X SUMMARY : The expansion of the Sugar Barge Marina and Resort onto a 38 acre site will not convert prime farmland. The property is not within a Williamson Act contract. The property is zoned A-2 General Agriculture, however, Section 84-38.404 of County Code Title 8 specifies with the granting of a land use permit, the zoning designation allows boat storage areas within one mile by public road of a boat launching facility open to the public. 7 of dust. The project will not create objectionable odors affecting a substantial number of people as the facility will be used for storage, however temporary odors may be experienced during the construction phase. IV. BIOLOGICAL RESOURCES—Would the project: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a. Have a substantial adverse effect, either 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?(Sources: ) Y. b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies,regulations or by the California Department of Fish&Game or U.S. Fish and Wildlife Service? (Sources: 4,12) X C. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act(including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling,hydrological interruption, or other means? (Sources: 4,12,13) X d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Sources: 4,12) X e. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? (Sources: 4,12) X f. Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? (Sources: 4,12) X 9 harriers were seen searching for food together over the north-central portions of the site in the vicinity of the seasonal wetlands. Based on the time of the year and observed behavior, these two individuals may constitute a breeding pair. Although no nests were observed during the site visit, the willow woodland could potentially support the following nesting raptor species that are California Species of Special Concern: white-tailed kite, Cooper's hawk, sharp-shinned hawk, long-eared owl, and Swainson's hawk. In addition,the seasonal wetlands in the northern and western portions of the site provide suitable nesting habitat for northern harriers, which usually nest in existing wetlands, but may also nest in grasslands and agricultural fields several miles from water. Therefore, the pair of northern harriers observed during the site visit could potentially nest on the property, although suitable habitat is also present in the surrounding pasture lands and seasonal wetlands. The Swainson's hawk, a state-listed threatened species, could also potentially occur on the property. This migratory species nests in scattered locations in the Central Valley and Delta regions. The closest known nesting record is from the northern end of Medford Island, approximately six miles to the east. Another Swainson's hawk nest has been reported along the south side of Sand Creek near Brentwood, approximately nine miles to the southwest. In addition, a pair of Swainson's hawks were observed by LSA biologists in May of 2002, during field surveys of another project site on Bethel Island located approximately 1.5 miles to the west of the Sugar Barge property. Although these birds were not confirmed nesting on this site, LSA determined that they were using the site regularly and were likely nesting in the nearby vicinity. Another potentially occurring species is the salt marsh common yellowthroat, a California Species of Special Concern, which nests in riparian woodland and freshwater marsh and winters in areas of brackish marsh and salt marsh. Suitable habitat for this species on the property is limited and there are no nesting records for this species in the area. The drainage ditch on the western and northern boundaries of the property provides marginal habitat for the western pond turtle, which has been recorded from the project vicinity. However, the potential for pond turtle occurrence is limited due to the extensive disturbance associated with past agricultural use of the property and adjacent lands, small size of the drainage ditch, shallow depth of water, and general lack of protective cover. Populations of the giant garter snake occur in the Central Valley and San Joaquin-Sacramento Delta region. However,this species is considered very rare in the Bethel Island area of the Delta. There are giant garter snake records listed in the California Natural Diversity Data Base (CNDDB), within several miles of the project site. The potential for this species to occur on-site is low due to limited suitable habitat, disturbance from historic agricultural activities on the property, and the lack of a suitable year- round water source. NIITIGATION MEASURES Pre-construction surveys of all potential raptor nesting habitat within 500 feet of the project site shall occur within 30 days of ground disturbing activities/project construction. If occupied raptor nests are found within 250 feet of the proposed construction area, a protection zone shall be established around the nest with orange construction fencing and/or staking that shall remain until the juveniles have fledged and are independent of the nest. The width of raptor nest protection zones will be variable and established 11 drained by a long ditch on the west side of the parcel. The soils in the study area have been mapped as Piper fine sandy loam and Shima muck. The dominant soil in the study area is Piper find sandy loam. Tule marsh is composed of tall, dense plant communities, occasionally interrupted by open water. Although this was the dominant native plant community before the draining of Bethel Island, today the majority of the study area is dominated by non-native grasses. The study area is currently vacant and is not in use. METHODS Record Search and Literature Review Research was conducted to determine if cultural resources are recorded within the study area and to assess the study area's potential to contain unrecorded resources. This assessment was based on archaeological, ethnographic, and historical documents and the location, distribution, and environmental setting of nearby known cultural resources. A records search (#01-1365) at the Northwestern Information Center of the California Historical Resources Information System, Sonoma State University, was done on March 6, 2002. The Northwest Information Center is an affiliate of the California Office of Historic Preservation and is the official state repository of cultural resources reports and records for 16 northern California counties, including Contra Costa County. The record search indicated that the study area had not been studied before and contains no recorded cultural resources. Several recorded cultural resources were identified within a half mile of the study area. Record search results are discussed below in more detail in the Study Results section below. LSA reviewed cultural resources inventories including the California Department of Parks and Recreation's California Inventory of Historic Resources (1976) and the Office of Historic Preservation's Five Views:An Ethnic Historic Site Survey for California (1988), California Historical Landmarks (1990), California Points of Historical Interest (1992), and the Directory of Properties in the Historic Property Data File (2002). The Directory of Properties includes the listings of the National Register of Historic Places, the California Register of Historical Resources, California Historical Landmarks and California Points of Historical Interest. The Contra Costa County Preliminary Historic Resources Inventory and Revised Preliminary Historic Resources Inventory were also reviewed (Contra Costa County Community Development Department 1989, Contra Costa Planning Department 1976). No cultural resources within or adjacent to the study area are listed in these inventories. Environmental, historical, archaeological, and ethnographic information was reviewed to establish the project area's cultural and environmental setting. Materials examined include "Burials in Sand Mounds of the Delta Region of the Sacramento — San Joaquin River System" (Cook and Elsasser 1956), "Eastern Miwok" (Levy 1978), Handbook of the Indians of California (Kroeber 1925), the chapter on Eastern Miwok peoples in the Handbook of North American Indians, Volume 8: California (Levy 1978), Volume 4 of the California Archaeological Invesntory Prehistoric Overview (Stewart 1982), California Archaeology (Moratto 1984), the Contra Costa County soil servey (Welch 1977), a map of natural vegetation communities (Kuchler 1977), the Geologic Map of the Sacramento Quadrangle (Wagner 1981), 13 topographic map, printed in 1977, to determine if the study area contains any mounded areas. These maps indicate that the topography of the eastern end of Bethel Island has changed noticeably over the past hundred years, presumably as a result of land reclamation efforts, filling and soil subsidence. It is not possible to determine conclusively whether the study area contained mounded areas of Piper sandy soils in the past. Mitigation Measures Piper sandy soils are highly sensitive for cultural resources. Given the potential that the Piper sandy soils within the project area contain Native American burials, a qualified archaeologist should monitor all ground-disturbing activities within the project area until final grade has been achieved, or at such time the monitor concludes that monitoring is no longer necessary. Ground-disturbing activities may include, but are not limited to excavation, auguring, grading, dredging, clearing, grubbing, and stump removal. Prior to the issuance of grading or building permits the developer shall provide for the review and approval of the Zoning Administrator a copy of the contract for the hired certified archaeologist to be present during construction activities, such as grading. Given the potential that the Piper sandy soils within the project area contain Native American burials, it would be appropriate for a Native American monitor to be present. If deposits of prehistoric or historical archaeological materials are encountered during project activities, the on-site archaeological monitor should be contacted immediately. All work within 50 feet of the discovery should be redirected until the archaeological monitor can examine the finds and make recommendations. Prehistoric materials can include flaked-stone tools (e.g., projectile points, knives, choppers) or obsidian, chert, or quartzite tool, making debris; midden (i.e., culturally darkened soil often containing heat affected rock, ash and charcoal, shellfish remains, and cultural materials); and stone milling equipment(e.g. mortars, pestles, hand-stones). Historical materials may include wood, stone, concrete, or adobe footings, walls and other structural remains, debris-filled wells or privies; and deposits of wood, metal, glass, ceramics, and other refuse. If archaeological deposits are identified, it is recommended that such deposits be avoided by project activities. If the deposits cannot be avoided, they should be evaluated to determine whether they are eligible for listing, adverse effects to it will need to be avoided or mitigated. Encountering Human Remains Section 7050.5 of the California Health and Safety Code states that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined whether or not the remains are subject to the coroner's authority. If human remains are encountered, the on-site archaeological 15 wastewater?(Source: 4, 8, 10) SUMMARY: Discussion Al. The nearest fault considered active by the California Division of Mines&Geology is the Greenville fault. The Greenville fault A-P Zone passes approximately 15 miles southwest of the site. A2. According to the Safety Element(p.10-13)the site is in an area rated "highest damage susceptibility". The risk of structural damage from ground shaking is regulated by the building codes and County Grading Ordinance. The UBC requires use of seismic parameters which allow the structural engineering analysis for buildings to be based on soil profile types(see UBC., 1997,Volume 2, Div. 5,Page 2-23). The Terrasearch report provides UBC seismic parameters for the site. Compliance with building and grading regulations can be expected to keep risks within generally accepted limits. A3. According to the Safety Element (p. 10-15), the site is rated "generally high" liquefaction potential. The mapping of Helley&Graymer(1997)considers the site to be underlain by Late Pleistocene alluvium at depth, and the borehole logs are consistent with this interpretation. However, the upper 12-15 feet of soils on the site are loose sands and the water table is approximately 5 feet below the surface. These loose sands appear to be geologically recent deposits that overlie the well indurated dune sands of Late Pleistocene age. A4. a. With regard to landslides,no slides are shown on published maps,the Soil Survey of Contra Costa County (1977) indicates that the erosion hazard is low and the preliminary finding of Terrasearch report is that the site is suitable for dry boat storage b. A SWPPP and Erosion Control Plan are a routine requirement of projects that result in disturbance of 1 acre or more. The SWPPP identifies the"the best management practices"that are most appropriate for the site, and the"Erosion Control Plan," which is required for the grading permit, provides the details of the erosion control measures to be applied on the site and maintained throughout the winter rainy season. C. Review of the existing geologic data indicates that the project is feasible. There is no landslide hazard. d. Expansive soils shrink and swell as a result of moisture changes that can cause heaving and cracking of slabs-on-grade,pavements and structures founded on shallow foundations. It should be recognized that expansive soils are an engineering issue, and not a land use or feasibility issue. Building damage due to volume changes associated with expansive soils can be reduced by placing slabs on select, granular fill;by use of rigid mat or post-tensioned slabs. In this case the three borings penetrated sandy soils(Piper sand) which are characterized by a low 17 effects and fill settlement on structures; and observe construction to assure compliance with recommendations in the approved geotechnical report. VII. HAZARDS AND HAZARDOUS MATERIALS -Would the project: Potentially Potentially Less Than No Impact Significant Significant Significant Impact Unless Impact Mitigation Incorporated a. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? (Source: 4) X b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Source: 4) X c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed school? (Source: 4) X d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65862.5 and, as a result, would it create a significant hazard to the public or the environment? (Source: 4,5) X e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area. (Source: 2,4,15) X f For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Source: 2,4,15) X g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Source: 2,4,15,18) X h. Expose people or structures to a significant risk of loss, injury or death involving wild land fires, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands? (Source: ) X SUMMARY: Hazardous conditions resulting from construction and implementation of the dry storage expansion project could possibly be related to an explosion of the release of hazardous substances(including but not limited to 19 h. Place within a 100-year flood hazard area structures that 'would impede or redirect flood flows? (Sources: 7, 14) X i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (Sources: 1) X j. Inundation by seiche,tsunami, or mudflow? (Sources: 1) X SUMMARY: The SWPPP is based on current site conditions and anticipated conditions following proposed development as reflected on the,plans entitled, Grading &Drainage Plan and Erosion Control Plan, prepared by Alexander & Associates, Inc, dated December 15, 2004. REGULATORY BACKGROUND A SWPPP is required for construction projects under the General Construction Activity Storm Water Permit Program, which is a component of the National Pollutant Discharge Elimination System (NPDES) program of the federal Clean Water Act. The program is administrated by the State Water Resources Control Board, which has issued statewide general permit covering all construction activity in the state (Construction Activities Storm Water General Permit - Water Quality Order No. 99-08-DWQ [General Permit] for the purposes of regulating runoff from construction sites. Construction activities that involve disturbance of one or more acres of soil or activities that disturb less than one acre, but are part of a larger common plan of development that collectively disturb more than one acre, must obtain coverage under the General Permit. Erosion and sedimentation on the Sugar Barge Dry Storage Expansion project site may occur the Best Management Practices (BMP's) outline in the Storm Water Prevention Plan. The project site has relatively level terrain with some erosion hazard. For project development, cuts and fills will be balanced. Fill materials will be deposited in level areas and compacted to County approved engineering standards. The project area is currently drained by channelization drainages that extend along the western, northern, and eastern sides of the project site. These drainages are periodically maintained by the Bethel Island Municipal Improvement District (BIMID). Following site grading, stabilization of fill and installation of the storm drain system, all surface runoff from the site will be directed into the applicant's storm drain system. Surface runoff from the site will be directed into the applicant's storm drain system, which will ultimately discharge into the channelized drainage on the western side of the site. This drainage channel is ultimately tributary to Piper Slough (water is pumped over/through the perimeter levee system of Bethel Island). BIMID is 21 Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated a. Physically divide an established community? (Sources:1,2,3,4) X b. Conflict with any applicable land use plan,policy, or the regulation of an agency with jurisdiction over the project(including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance adopted for the purpose of avoiding or mitigating an environmental effect? (Sources:1,2,3,4) X C. Conflict with any applicable habitat conservation plan or natural community conservation plan? (Sources:1,2,3,4) X SUMMARY: Development and expansion of the dry boat storage at Sugar Barge Marina and Resort would not physically divide an established community. The area is zoned A-2 General Agriculture that would allow with the review and approval of a land use permit the establishment of boat storage areas within one mile by public road of a boat launching facility open to the public. However, the current General Plan designation is Single Family Low Density (SL), which is inconsistent with the proposed expansion. As a result a request for a General Plan Amendment was filed to change from Single Family Residential (SL) to Commercial Residential (CR). The approval of this change would be consistent with the proposed activity, therefore, the land use permit is contingent . on the approved General Plan Amendment. A condition of approval will be added to reflect this contingency. X. MINERAL RESOURCES—Would the project: Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated a Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?(Source:4,12,13) X b Result in the loss or availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other X 23 SUMMARY: Short term noise levels and ground vibrations would occur during construction; however standard measures that include restricting construction hours, traffic flow and heavy equipment usage will reduce the noise effects. -The high season holidays of the resort and boat facilities will expose the residents to a higher level of traffic flow and recreational activity but with the limited hours of operations and security gate, the exposure to higher noise level and traffic is controlled to a less than significant impact. XII. POPULATION AND HOUSING—Would the project: Potential]) Potentially Less Than No Significan Significant Significant impact Impact Unless Impact Mitigation Incorporated a Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Source:2,3,4) X b Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Source:2,3,4) X c Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Source:2,3,4) X SUMMARY: The proposal is recreational in nature and will not displace substantial numbers of housing, although the project induces a temporary population growth it is insignificant as the activity is storage related for boats and equipment. XIII. PUBLIC SERVICES Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation incorporated a. 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 25 increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections? (Source:3,4,8) b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Source:3,4,8) x C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Source: 3,4,8) X d. Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (Source: 3,4,8) X e. Result in inadequate emergency access? (Source: 3,4,8) X f. Result in inadequate parking capacity? (Source:3,4,8) X g. Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts,bicycle racks)? (Source:3,4,8) X SUMMARY: The peak period of operation for the facility is generally between March and September. Staff is expected to be present to assist with parking. The expansion as proposed provides for additional parking spaces. Prior to the issuance of a building permit the Fire District will review the plans to ensure that adequate standards are met for emergency purposed,therefore, suggesting an insignificant impact. XVI. UTILITIES AND SERVICE SYSTEMS —Would the project: Potentially. - Potentially Less Than No . .Significant Significant Significant Impact Impact, Unless Impact Mitigation Incorporated a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources:4,8) X b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?(Sources: 4,8) X 27 b. Does the project have impacts that are 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 probable future projects)? X C. Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? X SUMMARY: The project does not have the potential to degrade the quality of the environment with significant impacts on biological resources (See#N Biological and (See VI Geological resources) or eliminate a major period of California history or prehistory (See# IV Cultural), however with incorporation of mitigation measures the project have the potential for a less than significant impact. No impacts that are cumulatively considerable because of the proposed project compliance with the identified conditions of approval imposed with mitigation measures ensure a less than significant impact of the environment. G:Current Planning\curr-plan\Env Review\Initial Studies\LP052026-InitialStudy.doc [vmb 1 t-7-05)(hl 02-09-06) U � � 0 oa Cy o V � a G ° � l? 43 � p t73Gi u aJi 0 co ' d. •� G tv O J O O J U O Q " m 4 A .� py J 3 E A G N J i G A O Y �'a >4 � pDG o ° cA uc aG d .r i C W G q � D O ✓+ .... G G cJ zr � y •r 4 A � i. 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U C bo > m = 0 3 0 c Go U cGo 0 0o coo U ° oE OE xoan o ro 'mc Udoo2 ,Gc °D o a C- c �o CN > r- U GO >Or '> z 0 2 P yU ° -C o oou 'C o en 0 EM- c oOUO o K�E c o c o p c c c o o — o U E a E m N a G m U U v N a n F m U m E m U C U N T'Q N O 9 U GD U L C U U o 0 N p O C V) p 0 U co a `� U s °a '� �\ � \ \ \ / � \ ° � \ \ /\ \ »� f � a4 § � w\ ka is \ co ~ \ \ % \ k ® �� k ® � ® ® ° � ` \ §/ \ \ ® » & a � s \ f \ \ \ c5 � 5 % � \\ % \ \{ \ } 4 EXHIBIT 5 July 14, 2008 Staff Report And September 8, 2008 Supplemental Report J Agenda Item# Conservation and Development Contra Costa County. EAST COUNTYREGIONAL PLANNING COMMISSION MONDAY, JULY 14,2008—7:00 PM SUGAR BARGE MARINA AND RESORT EXPANSION 1. INTRODUCTION RIGGS ENTERPRISES INC. (Applicant), DAVID RIGGS (Owner), County Files #GP040001, #RZ063187 and #LP052026: Applicant requests approval of a General Plan Amendment, Rezoning and Land Use Permit as follows: A. General Plan Amendment(County File#GP04-0001): This is a request to change the General Plan land use designation from Single Family Residential-Low Density(SL)to Commercial Recreation (CR); B. Rezoning(County File#RZ063187): This is a request to rezone approximately 38 acres from A-2 (General Agricultural District) to R-B (Retail Business District); and C. Land Use Permit (County File #LP052026): This is a request for a Land Use Permit with Final Development Plan approval to expand the Sugar Barge Resort and Marina by constructing 19 metal buildings for dry boat storage on 10.5 acres, establishing outdoor Dry Boat and Recreational Vehicle (RV) storage with parking on 13 acres. The property is a 38-acre parcel located south of Willow Road and North of Sugar Barge Road in the unincorporated Bethel Island area. (Zoning: A-2) (General Plan: SL) (Census Tract: 3010.00) (Parcel.# 030-110-006) (Zoning Atlas page: E-28) II. RECOMMENDATION A. Find that the Mitigated Negative Declaration was presented to the East County Regional Planning Commission, and the Commission reviewed and considered the information contained in the Mitigated Negative Declaration prior to making a decision on the project; B. Find the Mitigated Negative Declaration reflects the County's independent judgment and analysis and was prepared consistent with the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines and designated the Community Development Department as the custodian of the documents which constitute the record of the proceedings upon which the decision is based; East County Regional Planning Commission Files: GP040001,RZ063187,LP052026 E. Existing Site Description: The subject property where the 19 prefabricated metal buildings are proposed is vacant land below sea level.The property is relatively level with marshy grounds and scattered sand mounds. Higher elevations are found in the central portion of the site and large interconnected depressions predominantly on the northern and western portion of the parcel. The site is partially drained by an irrigation ditch on the west side of the parcel.Approximately 15.30 acres is classified as jurisdictional wetlands and other waters of the United States.The subject parcel is land proposed for the expansion to an existing project, the Sugar Barge Resort and Marina. The Sugar Barge Resort and Manna is a privately owned recreational facility open to the public for recreational purposes with 114 RV parking spaces with full hook up sites, dry boat storage, campsites, picnic areas, boat berths, and a boat launching facility with a fuel dock, a recreational room, a swimming pool, convenience store and restaurant with a bar. F. Regulatory Programs: 1. Flood Hazards: This project is within Flood Zone A. The project site is considered a flood hazard and will be required to comply with the Floodplain Management Ordinance prior to the issuance of building permits. 2. Active Fault Zone: The project is not within an active fault zone.The active Concord fault line is located over 20 miles west of the site and the Greenville fault is located approximately 15 miles southwest. 3. Noise Hazards: The project is not located within a noise hazard area. 4. Previous Applications: A. LP032035: This application was withdrawn by the applicant on May 1, 2003. This application was the original request to amend an existing land use permit for the proposal of the Dry Boat/RV storage. B. LP962013: This application was approved on July 22, 1996 to expand an existing Marina with the following: Relocation of three existing boat sheds and parking areas on the levee; construct a 24-ft by 110 ft launching ramp;install 40 ft by 120 ft restaurant on pilings; 3,000 cubic yard dredge operation on Paper Slough for boat navigation; installation of guest docks, fuel dock and sewage pump- out facility; and six 8 ft by 14ft off site sign at the corner of Piper Road and Sugar Barge Road. C. LP992106: This application was approved on August 24, 2000 authorizing an amendment to the existing land use permit for the addition of 220 Dry Boat storage units and the removal of 17 trees. S-3 East County Regional Planning Commission Files: GP040001,RZ063187,LP052026 D. Historical Resources Information System Center: In a memorandum dated April 28, 2005 the Center indicated the proposed project site has the possibility of containing unrecorded archaeological activities.A cultural resources report was prepared for the site on November 6,2002 in which the recommendations from this report have been incorporated into the mitigation measures and conditions of approval. E. Contra Costa County Fire Protection District: In amemorandum dated received May 4,2005 the District has listed twelve conditions the applicant must comply with prior to the Fire Departments approval. Attached is a copy of the detailed conditions. F. Sheriff Office Administration Svcs: In a memorandum dated April 19, 2005 the Sheriff Department has indicated no comments for this project. G. Ironhouse Sanitary District: In a memorandum dated April 28, 2005 the District indicated no comments for this project. H. Delta Protection Commission: In a memorandum dated June 28, 2005 the Commission has provided advisory comments suggesting development of the site could impact the habitat and water quality values of the waters of the Primary Zone, overload launching facilities in the area, or impact the carrying capacity of nearby waterways and thus impact the quality of the recreation experience.The number and size of vessels that could be stored in the proposed facility should be described. Impacts to local habitat such as increased night lighting should be addressed. No comments were received from the Bethel Island MAC or Bethel Island Municipal Improvement District. Vl. CEQA REVIEW ON THE PROPOSED MITIGATED NEGATIVE DECLARATION Staff received written comments (attached) from the following agencies: Delta Protection Commission,East Bay Municipal Utility District and State Clearinghouse. In addition,staff received several letters from the public in support and in opposition. This section will briefly address some of the concerns raised in opposition to the project. Comment 1: There are Swainson Hawks, Harrier,and Red tail nesting, owls,pond turtles, frogs and garter snakes. The land in question has been an accepted wetland with its connected biodiversity of animal, plant and wildlife ecosystems. Bethel Island is on the Pacific Flyway and is visited each year by numerous species of birds on migration. Response to Comment 1:A"Wetland Delineation report and a Biological Resources Survey was prepared by LSA Associates Inc., a biological consulting firm that surveyed the site to identify endangered species and map potential waters. Potential wetlands were determined by visual observation of low lying areas and hydrophytic vegetation and plants. The consulting firm has contacted the Corps of Engineers. The Corp has verified the wetland area. A mitigation measure has been incorporated to ensure the individual permit S-5 East County Regional Planning Commission Files: GP040001,RZ063187,LP052026 Comment 5: Franks Tract State Park and surrounding sloughs are experiencing an unprecedented number of boats using this area,resulting in dangerous amounts of traffic.The environmental degradation due to the amount of boating activity is apparent to the naked eye. Comment S: On September 22, 2006 Staff contacted the State of California Boating and Waterways and inquired on any statute of limitations and laws regarding the number of boaters'use of the Delta waters and possible hazardous release of emissions from the boat usage. The Department informed staff that the Boating and Waterways Department has no limits or laws that regulate the number of boats. In fact, the Department stated that the Regional Water Quality Control Board(RWQCB) and Air Quality District regulates water quality and emission. This project's environmental initial study was distributed for a 30-day comment period to the State Clearinghouse which included the Regional Quality Water Control Board in which no comments were received. However, the project developer will be required to prepare a Water Quality Certification application and submit the required supporting information for review and approval by the RWQCB. VII. STAFF ANALYSIS AND DISCUSSION A. Wetland Areas: The subject parcel is a 38 acre site, in which 15.30 acres has been delineated as jurisdictional wetlands and other waters of the United States based on a site verification visit and letter dated May 3, 2000 by the U.S. Army Corps of Engineers. The project proposes impact to approximately 0.68 acres 114.62 acres remaining) of Corp jurisdiction with permanent fill for construction of the proposed project. The applicant is mitigating wetland impacts off-site by creating new seasonal wetlands at a ratio of 1:1 (created: filled). A Corps Individual Permit application (wetlands mitigation plan) 404(b) (1) Alternative Analysis to facilitate the Corps authorization of the project must be submitted and approved. In addition,the project developer shall provide a copy of the Water Quality Certification from the Regional Water Quality Control Board(RWQCB)pursuant to Section 401 of the Clean Water Act. This certification from the RWQCB is needed in order for the Corps authorization to be valid. However, the RWQCB requires evidence of CEQA compliance which at this moment is pending approval by the Commission and ultimately depending on the approval of the General Plan Amendment by the Contra Costa County Board of Supervisors.Mitigation measures have been incorporated to ensure compliance. B. General Plan Amendment: A General Plan Amendment for the project is concurrently under review. The site presently is designated as Single Family Residential-Low Density (SL) which allows between 1.0-2.9 units per net acre. Under the current General Plan designation the establishment of dry boat storage and recreational uses is not permitted.However,it would allow for primary uses such as single family homes. S-7 East County Regional Planning Commission Files: GP040001,RZ063187,LP052026 The applicant shall be permitted to collect and convey storm waters to a drainage facility maintained by an Improvement District(BIMID)provided that the applicant provides written substantiation from the Irrigation District that it accepts the storm water in perpetuity,owns fee title to the drainage facility from the point of discharge to the natural watercourse, and the Improvement District facility is adequate to handle the design storm based on ultimate development anticipated in the area. F. Parking and Landscape: The subject land use permit is subject to compliance with the Off—Street Parking Ordinance.According to Chapter 82-16,which designates the amount of parking required for the use,the site needs to provide 19 parking spaces that are 9 ft by 19 ft. with planter or landscaping strips with an irrigation system at least four feet in width adjacent to street right of ways. Since the project is creating approximately 2.0 acres of landscaping for treatment of runoff these acres shall be sufficient for compliance with the Off-Street Parking Ordinance landscape requirements.The project developer shall provide for the review and approval of the Zoning Administrator a Final Landscape Plan prepared by a certified and licensed biologist or Landscape Architect to ensure the trees, shrubs,and vegetation selected will endure the sandy soil type and below sea level elevation and proper planting. G. Traffic and Circulation: Willow Road,a public road,has a current pavement width of approximately 18-20 feet and is located within a 60-foot right of way.The ultimate planned pavement width on Willow Road is 40 feet.However,the applicant will not be required to widen the roadway along the project frontage considering that the proposed project does not gain access to Willow Road,but only on Sugar Barge Road and no improvements are proposed along the eastern frontage. It also appears that a majority of boats that will be placed in storage at this proposed facility will utilize Sugar Barge Road to access the boat ramps at Sugar Barge Marina located to the east of the storage site. Although the 60 foot wide right of way on Willow Road is adequate, the applicant will be required to dedicate additional right of way(for roadway purposes)to allow a smooth curve offset 30 feet from the existing centerline of the road,at the angle point located approximately 343 feet north of the southeastern corner of the subject property. Sugar Barge Road is a private road with a current pavement width of approximately 22 feet. In anticipation of potential acceptance of this road by the County as a public road,the applicant shall dedicate to the County 60 feet of right of way necessary for the future planned width of 60 feet along the-project frontage of Sugar Barge Road. The applicant shall be permitted an exception from construction of frontage improvements on Sugar Barge Road considering that it is currently a private road, provided that a Deferred Improvement Agreement (DIA) is executed to construct them at a later time.To stay consistent with future planned improvements along other sections of Sugar Barge Road, the applicant shall execute a DIA requiring construction of pavement widening to provide a 20-foot half-width,longitudinal and S-9 Agenda Item # Community Development Contra Costa County Supplemental Report and Request to add conditions EAST COUNTY REGIONAL PLANNING COMMISSION MONDAY, SEPTEMBER 8,2008—7:00 PM SUGAR BARGE MARINA AND RESORT EXPANSION I. INTRODUCTION RIGGS ENTERPRISES INC. (Applicant), DAVID RIGGS (Owner), County Files GP04- 0001 RZ063187 and LP052026:Applicant requests approval of a General Plan Amendment, Rezoning and Land Use Permit as follows: A. General Plan Amendment#GP04-0001: This is a request to change the General Plan land use designation from Single Family Residential Low-Density(SL)to Commercial Recreational (CR); B. Rezoning # RZ063187: This is a request to rezone approximately 38 acres from A-2 (General Agricultural District) to R-B (Retail Business District); and C. Land Use Permit # LP052026: This is a request for a Land Use Permit with Final Development Plan approval to expand the Sugar Barge Resort and Marina by constructing 19 metal buildings for dry boat storage on 10.5 acres and establishing approximately 13 acres of open space for outdoor Dry Boat and Recreational Vehicle (RV) storage with parking on a 38-acre parcel. The property is located South of Willow Road and North of Sugar Barge Road in the unincorporated Bethel Island area. (Zoning: A-2) (General Plan: SL) (Census Tract: 3010.00) (Parcel #030-110-006) (Zoning Atlas page: E-28) II. BACKGROUND The East County Regional Planning Commission at its July 14, 2008 public hearing received testimony and continued the items referenced above to September 8, 2008 to allow staff to obtain additional information pursuant to boat storage, conditions, and review of comments submitted by the City of Oakley. Below, staff has provided a response to each question. East County Regional Planning Commission Files: GPA040001,RZ063187,LP052026 Supplemental Report-Sept. 8,2008 current development were required to improve Sugar Barge Road to meet Public Road Standards along the project frontage and the DIA improvements were required to be completed prior to approval of this permit, the County would not accept the road as a Public Roadway. The roadway could not be accepted for public maintenance considering that a significant portion of Sugar Barge Road between the subject parcel and Piper Road(to the west) is not constructed to public road standards and features no offers of dedication to the County. Therefore, unless the entire roadway was to be improved to public road standards and contained in an adequate public road.right of way, the County would not accept it as a Public Road. Considering that the County has no plans for improving Sugar Barge Road to Public Road Standards, there is no nexus to construct the improvements identified in the DIA as apart of this permit. 4. The Commission request additional information on the proposed gravel parking locations and RV leakage and impacts on groundwater aquifer in relation to the Regional Water Quality Control Board standards. Response: The applicant shall be required to meet provision C.3 of the Clean Water requirements, as established by the RWQCB, which require the installation of storm water treatment features that are intended to remove pollutants prior to discharge into the area wide storm water conveyance systems. The preliminarily complete Stormwater Control Plan is subject to revision prior to the final Stormwater Control Plan being deemed compliant with the Stormwater Management and Discharge.Control Ordinance(County Code Section 1014). We recommend adding COA#50A and#50B, whichmill require the Final Stormwater Control Plan to demonstrate that the project will not impact drinking water quality for any nearby wells and provide any Best (or Integrated) Management Practices (BMP/IMP) necessaryfor this purpose. It should be noted that gravel surfacing is more permeable and therefore preferable over impervious surfacing when considering pollutant removal. However, when analyzing potential impacts to groundwater quality, the Health Services Department or other regulatory agency may have additional comments. We recommend the following Conditions of Approval be added: 50A. Prior to approval, the final Stormwater Control Plan shall adequately demonstrate that the "non-traditional" Stormwater Management BMP features (such as CDS units, natural swales, ect.)proposed in the preliminary Stormwater Control Plan shall be shown to provide a degree of stormwater treatment compliant with the NPDES permit and/or equivalent to the degree of treatment provided by traditional BMPs designed and sized in accordance with the Stormwater C.3 Guidebook. S-3 East County Regional Planning Commission Files: GPA040001,RZ063187,LP052026 Supplemental Report-Sept. 8,2008 (CEQA) and the State and County CEQA Guidelines and designated the Community Development Department as the custodian of the documents which constitute the record of the proceedings upon which the decision is based; C. Find that on the basis of the whole record, the County has determined that there is no substantial evidence that the project will have a significant effect on the environment after mitigations; and D. Adopt a motion to recommend that the Board of Supervisors approve the requested change to the Land Use Element Map of the Contra Costa County General Plan (2005- 2020)to designate the 38 acre parcel from Single Family Residential Low-Density(SL) to Commercial Recreation (CR). E. Adopt a motion to recommend that the Board of Supervisors approve the proposed Rezoning of 38 acres from A-2 (General Agricultural) to R-B (Retail Business). F. Approve Final Development Plan and Land Use Permit combination, subject to the attached modified conditions and mitigation measures and contingent upon the Board's approval of the General Plan Amendment and Rezoning. G. Adopt the mitigation measures contained in the attached Mitigation Monitoring Program. IV. GENERAL INFORMATION A. General Plan: The property is currently designated SL(Single Family Residential Low-Density)under the Land Use Element Map to the Contra Costa County General Plan (2005-2020). B. Zoning: The area is zoned A-2(General Agricultural District with minimum parcel sizes of 5-acres). C. CEOA Status: A Revised Mitigated Negative Declaration was posted on June 26, 2006 for a 30 day comment period that ended on July 27, 2006. (State Clearing House#200605217.3). Impacts to geology,biology, noise, cultural,water, and land use were identified as potentially significant unless mitigated. The applicant has agreed to mitigations that will reduce the impacts.During the comment period three letters were received in support and five letters were received in opposition. The response to these letters is presented under section VI of this report. G:curr-plan/staffrpt/LP052026 supp.report LCC/9/4/08 S-5 EXHIBIT A JVi iV Vu IG.JJfJ �Uyai vcuyW nV iNcavn JLJVVYVJTJ N•G BETHEL , ISLAND MUNICIPAL ADVISOIRY COUNCIL P.O.BOX 1388 - BE=L ISLAND, CA 94511 FAX # (925) 684-9131 FACSIX111LE TO: Lashun Cross FROM: BETHEL ISLAND MAC DATE: 5/1112005 # OF PAGES": 3 including cover sheet SUBJECT: County File # DP053030 Modification to Landscape/Site plan to include a recreational pool center and an equipment/storage building at Willow Parr Marina 1H Applicant: Heacox Associates APPROVED SUBJECT: County File # LP0632026 Request for approval to existing Land Use Permit to expand Sugar Barge Resort and Marina Applicant: Riggs Enterprises, Inc. APPROVED SERVING BETHEL ISLAND, HOTCHKISS TRACT&JERSEY ISLAND JOE STOKLEY, SR., BELINDA BITTNER, Krr SANDERS, DANK MYERS & RALPH�YALLACE ALTERNATE: REN MAU rr t V v ( p-� �^r� Dennis M.Barry,AICP J V�mmunity \JOI Itl a Community Development Director Development Costa Department COUf11}/ County Administration Building ICA. e .651 Pine Street 4th Floor, North Wing - Martinez,California 94553-0095 ^•�+ ' Phone: (925)335-1210 J Date: �I 6Jr AGENCY COMMENT REQUEST We request your comments regarding the attached application currently under review. DISTRIBUTION Please submit your comments as follows: wilding Inspection _fHSD, Environmental Health,Concord Project Planner _HSD, Hazardous Materials ZP/W -Flood Control(Full Size) County File 5 D 2n -ZPlW-Engineering Svcs(Full Size). Number: 7" J�� Date Forwarded _P/W Traffic (Reduced) Prior To: 1°I Cl`11,2t L9W 5 _ P/W Special Districts (Reduced) _ Comprehensive Planning We have found the following special programs _Redevelopment Agency apply to this application: _Historical Resources Information System ,,! —.CA Native Amer.Her. Comm. ! CD Redevelopment Area -CA Fish &Game,Region US Fish & Wildlife ServFe Ra Active Fault Zone ZFireDistrict 15aS-f- eo CD I�Sanitary District Ivo 6.1 ino u 5�e I Flood Hazard Area, Panel 0 175 Water District 171,Cot o W04r-v- 1X s.} t/City Djgkl e Vl 60 dBA Noise Control School District r —Sheriff Office-Admin. &Comm. Svcs. N CA EPA Hazardous Waste Site _Alamo Improvement Association _El Sobran PIE. &Zo g Committee Traffic.Zone _fMAC Jf2(Q(Cd DOIT-Dep. Director, Communications CEQA Exempt l^.A(`.,tC-%A P iar^ROaiegorical Exemption Sectica Community Organizations TA ✓ �o � �� - too ��'� Please indicate the code section of recommendations that are required bylaw or ordinance. Please send copies of your response to the Applicant & Owner. _No comments on this application. Our Comm is are attached Comments: ` Signature Agency d1J'��� S:wrrent ptnnning/templateVfarms/agent•comment request Date Office Hours Monday- Friday:8:00 a.m.- 5:00 p.m. Office is closed the ist, 3rd & 5th Fridays of each month r , ri s � > �V t'. Corres encs 1. S ttty o dode��E ce ass 112 -t�ov& 7.1 d 2. "Noticc of Rela tfe Axt�uacat�C 3. Centra Costa Q ` IockkS .drsasnee14/5105 1. Request for approval of a variance to total height of a proposed SRF.39'requested, 35' allowed Applicant:Richard Kent County File*VR 051031 R Watlaxp'xeade motion to approve,J. Stolle."... seconded Aonroved with.condition=xdmuai,.heiekt,49ee:aet itsl�eied339�V;and.sur+inklera are installed 2. Additional storage buildings and use of existing grounds for storage.of trailers,boats,vehicles and RV's at HennLs Marina.. Applicant:Hennis Marina County File 4 DP043052(Revised R Wallace made mation to appuaye,.K.Sanders seconded.Auaro%4'..: 3: g "OPa11ar.�alSsfaiaet7 . 4. MadaS,s osl;o).an$ca te:planto iadiridc'a fional-pool center and an equipmentJstorage buttding at° illoi6lc Nla6na ID Applicant: Heacox Associates County File#DP053030 J. Stokley made motion to approve, K. Sanders seconded A roe 5. Request to establish 1 to 3 natural gas wells.Applicant:ABA Energy, Sacramento,CA County File#L P05.32026 K. Sanders made motion to approve,J. Stokley seconded Approved with condition that sound wall is constructed that will reduce noise levels to 85 Me or below. New IhMMs ;,.,,NMe ., Old Business Name changes on Mac accounts Adjourned ,. Adjourned:. 9:15 p.m. Respectfully Submitted Irene CampbeWrecording sec 6/.14/2005 SERVING BET13W ISI:ATND,HOT i�I9$71t,Ad i& P SEY ISLAND JOE STOKLEY, SR,BELIIJDA BTITNER;DA1N DYERS, KIT;3 rlIJERS, RALPH WALLACE ALTERNATE:KEN IyiAU . :v i SUBMITTING YOUR APPLICATION 1. PREPARE a plot (site) plan, floor plans and`building.elevations clearly and legibly drawn to a commonly used scale with the following information:atid verify,(oy initialing)that:the'driforrnation is included on the:plans Applicant's:',. Initials Plot(site)Plan e. All existing property lines labeled and fully dimensioned. b. All public 1.aiid private roads, easements and drainage installations adjacent to the subject parcel(s). c. .All existing and proposed improvements(including drainage)with distances to all property lines. d. Distance from property lines to existing improvements on parcels adjoining the subject'parcel(s). e.. Names.of adjoining property owner(s). f. Topographic contours labeled with elevation;hewn geologic hazards, creek`/streams and drainage ditches. g. Location, species, drip lines and trunk diameters of all trees with a diameter of 6 inches or greater,measured 4'/2 fee above ground whose trunks lie within 50 feet of any proposed improvements. This shall include all such trees on tht subj ect property as well as trees on adjoining properties whose canopy extends onto the subject property.Number tht trees for identification purposes and indicate if they are to be removed or altered in any way. h. North arrow and scale. yg i. Existing and proposed parking layouts,driveways and landscaped areas(all fully dimensioned). j. Computations of lot coverage, gross floor area and landscaped areas (all indicated in square feet). k. Area of the subj eet parcel(s)officially mapped within the boundary of a Special Flood Hazard Area(if applicable). I. A vicinity map showing sufficient information such as streets, highways, railroad tracks, water bodies, landmarks etc to locate the subject parcel(s). Floor Plans m. All rooms,hallways and other common areas with their dimensions and use (i.e.bedroom,kitchen, etc.). n. Locations of doorways, stairways and landings, windows, permanent fixtures (sinks, toilets, showers, etc.) and major T;cbaniegl:equipment(hoi,water heaters,:furnaces„etc.). Building Elevations o• Exterior dimensions (height,,width, depth) of all proposed improvements. Height is measured at the point within the building footprint that has the greatest-distance between the ground and the top of the building directly above. p, Proposed-exteriorornamentation such as shutters,planting boxes,window trim, cornices;signs,railings,etc. q. Proposed exterior materials(i.e. wood siding,stucco, stone veneer, concrete tile roof,etc.). 2. HAND DELIVER(do not trail}the following to the Contra Costa.County Application&Pemdt'Center: q• Three (3) full size sets of plans (no larger than 24” x 36") and twelve (12)reduced sets (no larger than 11" x 17"). All sets must be folded to approximately 81/a"x 1 i".Rolled plans will not be accepted. r. Completed application fform.(reverse side of this sheet). . s. '"important Notice to Applicants".Eblue.fprm).signed and dates). t. *Required,deposit and miscellaneous fees. Checks may be made payable to Contra Costa County. " Please note that the fees described on this form are related only to the Contra Costa County Community Development and Public Works 1(925) 313-20001 departments' costs for processing your application. Additional fees and.requirements may be imposed by federal; state and local agencies that may be involved in reviewing your project: lt'is the applicant's responsibility to investigate whether additional fees and requirements will be imposed. APPLICANT VERIFICATION I verify that all of the o Submitted as indicated by my initials is complete and accurate to the best of my knowledge and further acknowle that slould it a found that any of the information is incorrect or incomplete it may result in increased processing time and/ acknowledge tat aII staff costs are borne by the applicant and if necessary,additional deposits will be reouired. I also c owledge t I have co letely read this form and understand all of the information stated-herein Signatux Name(print) Date RIO � Contra Costa'County Community Development Department Application&Permit Center 651 Pine Street,2nd Floor—North Wing Martinez, CA 94553 (925) 335=1381 E�IBIT � Conditions of Approval 20 A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et seq., the applicant has the opportunity to protest fees, dedications, reservations, and/of exactions required as part of this project approval. The opportunity to protest is limited to a 90-day period after the project is approved. The ninety (90) day period in which you may protest the .amount of any fee or the imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the Community Development Department within 90 days of the approval date of this permit. B. Although the Stormwater Control Plan has been determined to be preliminarily complete, it remains. subject to future revision, as necessary, during preparation of improvement plans in order to bring it into full compliance with C.3 stormwater requirements. Failure to update the SWCP to match any revisions made in the improvement plans may result in a substantial change to the County approval, and the project may be subject to additional public hearings. Revisions to California Environmental Quality Act (CEQA) documents may also be required. This may significantly increase the time and .applicant's costs associated with approval of the application. C. This project may be subject to the.requirements of the Department of Fish and Game. It is the applicant's responsibility to notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources,per the Fish and Game Code. D. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained. ( E. ) Comply with the Bridge/Thoroughfare Fee Ordinance requirements for the Bethel Island Area of Benefit and ECCRFFA (RTDIM) Area of Benefit as adopted -by the Board of Supervisors. These fees must be paid prior to issuance of a building permit. F. The subject property is located in a Special Flood Hazard Area as designated on the Federal Flood Insurance Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Floodplain Management Ordinance (Ordinance No. 2000-33) as they pertain to future construction of any structures on this property. G. Portions of this project are located in a Special Flood Hazard Area as designated on the Federal Emergency Flood Insurance Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Floodplain �►�IgIT C E 0 Conditions of Approval 5 Payment of Any Supplemental Application Fees that are Due 3. This application is subject to an initial application fees of($37,530.00), which was paid with the application submittal, plus time and material costs if the. application review expenses exceed 100% 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 permit whichever 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 additional fees are owed, a bill will be sent.to the applicant shortly after permit issuance. 4. Compliance Report — At least 45 days prior to filing a final map or issuance of grading permit, which ever occurs first, the applicant shall submit a report on compliance with the conditions of approval with this permit for the review and approval of the Zoning Administrator. The fee for this application is a deposit of$1,000 that is subject to time and materials costs. Should staff costs exceed the deposit, additional fees will be required. A. Except for those conditions administered by the Public Works Department, the report shall list each condition followed by a description of what the applicant has provided as evidence of compliance with that condition. The report shall also indicate whether the applicant believes that he has done all the applicant is in a position to do to comply with the applicable condition. (A copy of the computer file containing the conditions of approval may be available; to try to obtain a copy, contact Current Planning at 335-1210.) B. Unless otherwise indicated, the applicant will be required to demonstrate compliance with the condition of this report prior to filing the final map. Lighting Control 5. All outdoor lighting associated with the proposed development shall be designed and located to minimize ambient light levels consistent with public safety standards. Area lighting shall be directed downward with no splay of lighting directed offsite. Outdoor lighting that is greater than ten feet high shall incorporate a cut-off shield that prevents the light source from being directly visible from areas offsite. No lighting shall blink, flash, or .be of unusual high intensity or brightness. Ten days prior to the request or issuance of building permits to install lighting on-site the applicant shall provide a lighting plan for review and approval of the Zoning Administrator. AUG.27.2008 2'00PM CCC PUBLIC WORKSSoj NO.E319 P.2 is t ui u "III !a G <t e � to 9 rO. � A 6 :71 ti r a s 000ol p 33 t 4= y MN �Irja a m Key '< y avo °tie '}e (� CC `_ a 0. _� n '•" Ga i 1 � fV u k� 'HQ a by Vy .�j g g c 94 bn '8t a O 0 Y p �] ♦ .�, i Oi 4 Sy � � � � ti �� 6U ♦. 5u y � a "s « wS s o m 2r R a m a W G V J O M x } 3 0 0 x A }5 Y a N ap a n ' i;m a e n i 41 t.7 ip I yn C v n N t gg+ I4 N � V tV ♦ Ii AA ! 1', I ���Contra Costa County Public Works Julia R. dors , Director Public Works Deputy Directors 7AD R. Mitch Avalon•Brian M. Balbas e p a r t m e n t Stephen Kowalewski•Patricia McNamee Memo TO: Lashun Cross, Senior Planner, Department of Conservation and Development DATE: August 14,,2008 FROM: Monish Sen, Associate Civil Engineer, Engineering Services Division SUBJECT: PERMIT LP 05-2026 RESPONSE TO PLANNING COMMISSION COMMENTS (Riggs Enterprises Inc./Willow Road/Bethel Island/APN 030-110-006) FILE: LP 05-2026 On July 14, 2008, the East County Regional Planning Commission met to hear and decide on. the request for a.land use permit, rezone, and General Plan Amendment to expand the existing Sugar Barge Marina in Bethel Island for additional boat storage. However, there were several items that the Commission indicated that they would need additional information on prior to deciding on the matter. The item was continued to allow staff time to research and provide responses to their questions. We have provided the following responses to the items pertaining to the Public Works Department, including recommended additional Conditions of Approval: Road Improvements: The Commissioners asked staff to review the previous conditions of approval specifically related to the Deferred Improvement Agreement (DIA) for improvements on Sugar Barge Road, discuss the reason that this entitlement is not triggering the requirement to install the improvements listed in the DIA, and determine legality or nexus to request DIA improvements as a result of the new proposal. Our Response: As a condition of approval for the Land Use Permit (LP 2013-96) authorizing the Sugar Barge Marina to be established on the parcels immediately to the east of the subject parcel, the owner/applicant entered into a Deferred Improvement Agreement (DIA) to construct a 32 foot wide paved roadway through a new curving alignment for Sugar Barge Road that would approximate the western and northern boundary of the subject parcels. The DIA also required installation of drainage facilities, street lights, conform paving, and payment of fees to review the improvement plans and inspection fees after installation of these improvements. 'Accredited by the American Public Works Association" 255 Glacier Drive Martinez,CA 94553-4825 TEL: (925)313-2000•FAX: (925)313-2333 www.cccpublicworks.org L. Cross August 14, 2008 Page 3 of 3 It should be noted that gravel surfacing is more permeable and therefore preferable over impervious surfacing when considering pollutant removal. However, when analyzing potential impacts to groundwater quality, the Health Services Department or other regulatory agency may have additional comments. We recommend the following Conditions of Approval be added: 50A. Prior to approval, the final Stormwater Control Plan shall adequately demonstrate that the 'non-traditional' Stormwater Management BMP features (such as CDS units, natural swales, ect.) proposed in the preliminary Stormwater Control Plan shall be shown to provide a degree of stormwater treatment compliant with the NPDES permit and/or equivalent to the degree of treatment provided by traditional BMPs designed and sized in accordance with the Stormwater C.3 Guidebook. 50B. The final Stormwater Control Plan shall demonstrate, to the satisfaction of the Health Services Department (Environmental Health Division) or other appropriate regulatory agency, that this development will not significantly impact water quality in nearby drinking wells. MS: G:\EngSvc\Land Dev\LP\LP 05-2026\Response to Planning Commission.doa cc: G. Huisingh, Engineering Services S.Gospodchikov, Engineering Services D.Swartz, Flood Control R. Drake, Department of Conservation and Development Riggs Enterprises Inc. Attn: David Riggs P.O. Box 1440 Bethel Island,CA 94511 EXHIBIT 6 Notification List David Riggs Darryl Alexander, PLS Sugar Barge Marina & Resort P.O. Box 1440 Alexander& Assoc., Inc. 1440 Sugar Barge Rd. Bethel Island CA 94511 147 Old Bernal Ave., Ste. 10 Bethel Island CA 94511 Pleasanton, CA 94566 ' Interoffice Interoffice Interoffice Main Library Public Works Public Works Pleasant Hill Conservation/Flood Control Engineering Ironhorse Sanitary District East County Fire District Interoffice P.O. Box 1105 134 Oak Street Environmental Health 450 Walnut Meadows Drive Brentwood, CA 94513 Oakley, CA 94561 Water Distribution Planning Division Delta Protection Commission BIMID EBMUD Mailstop 701 P.O. Box 530 3085 Stone Road m P 375 11 St. Walnut Grove, CA 95690 P.O. Box 244Bethel Island, CA 94511 Oakland, CA 94607-1055 City of Oakley City of Brentwood Bethel Island MAC 3231 Main Street 708 Third Street P.O. Box 1388 Oakley, CA 94561 Brentwood, CA 94513 Bethel Island, Ca 94511 U.S. Fish & Wildlife Service Division of Ecological Services Contra Costa Fire Protection District 2800 Cottage Way#W2605 2010 Geary Road Sacramento, CA 95825-1888 Pleasant Hill, CA 94523 30070001 30070002 30070003 GENNRICH JOHN ARTHUR QUINTANA RICHARD&MARIA E GENNRICH JOHN ARTHUR 16 CAMEO CT PO BOX 726 16 CAMEO CT WALNUT CREEK CA SAN BRUNO CA WALNUT CREEK CA 94597 94066 94597 30070004 30070005 30080003 ARIAS GEORGE JR& SONDRA K JONES OLGA ROSE TRE KENT JEREMIAH R PO BOX 1840 PO BOX 1292 PO BOX 648 BETHEL ISLAND CA BETHEL ISLAND CA BETHEL ISLAND CA 94511 94511 94511 30080004 30080005 30080006 MCELVAIN GEORGE& SANDRA L SOUTHER PHILLIP R MILBURN GERALD A PO BOX 328 PO BOX 1067 PO BOX 316 BETHEL ISLAND CA BETHEL ISLAND CA BETHEL ISLAND CA 94511 94511 94511 30080007 30080010 30080011 DELANO DAVID J& SANDRA K BISHOP JACK L&CAROL W TRE ANDERSON DAVID E &MICHELLE PO BOX 2169 PO BOX 267 PO BOX 1534 BETHEL ISLAND CA BETHEL ISLAND CA BETHEL ISLAND CA 94511 94511 94511 30080012 30080013 30080014 ZAUNER JOHN C &CLEOPHA S BURE TERRYL K TRE NEWTON HERSHEL&E BERNICE TRE 1290 ST MARK CT PO BOX 495 PO BOX 2077 LOS ALTOS CA BETHEL ISLAND CA BETHEL ISLAND CA 94024 94511 94511 30080015 30080016 30080017 NEWTON MARIVN T&DELORES TRE BOLLS TED JR&CATHY A LAUGHLIN MAXTON A PO BOX 128 2008 LARRY PL 4315 WILLOW RD BETHEL ISLAND CA LIVERMORE CA BETHEL ISLAND CA 94511 94550 94511 30080018 30080019 30080020 THIEMAN HARVEY C TRE GOODSON BRUCE EDLING THEODORE L&HELEN M PO BOX 898 746 ASBURY PL PO BOX 593 BETHEL ISLAND CA SANTA CLARA CA BETHEL ISLAND CA 94511 95051 94511 30080021 30080022 30080023 SELBY RUDY&CLARA W KINZIE KIM KINZIE KIM PO BOX 71 1133 DELNO ST 1133 DELNO ST BETHEL ISLAND CA SAN JOSE CA SAN JOSE CA 94511 95126 95126 30080024 30080026 30080027 LANGER WILLIAM JR NELSON SCOTT D TRE FISHER DAVID A TRE 5294 DENT AVE PO BOX 1069 PO BOX 37 SAN JOSE CA BETHEL ISLAND CA DIABLO CA 95118 94511 94528 30080028 30080029 30080059 NORTHAM TODD SIPES JASPER J&ANNA R TRUST BERGEVIN NED H &DORIS J PO BOX 1244 PO BOX 85 PO BOX 56 BETHEL ISLAND CA BETHEL ISLAND CA BETHEL ISLAND CA 94511 94511 94511 30080060 30080062 30100001 BRIGHT FAMILY PRESERVATION TR BRIGHT FAMILY PRESERVATION TR RUSSO JOANNA H TRE 3124 LONGVIEW RD 3124 LONGVIEW RD 487 BOX 457 ANTIOCH CA ANTIOCH CA BETHEL ISLAND CA 94509 94509 94511 30100002 30110002 30110003 HEREDIA IRENE ANDERSON DORCIA A LIBERTY FEDERAL SERVICE CORP 404 GRANGNELLI AVE 3630 35TH AVE 2270 DOUGLAS BLVD#220 ANTIOCH CA OAKLAND CA ROSEVILLE CA 94509 94619 95661 30110004 30110006 30110007 BEAUCHAMP MICHAEL J&SANDRA RIGGS ENTERPRISES INC RIGGS ENTERPRISES INC L PO BOX 1440 PO BOX 1440 PO BOX 260 BETHEL ISLAND CA BETHEL ISLAND CA BETHEL ISLAND CA 94511 94511 94511 30120001 30120003 30120004 CAMPOS PABLO& OFELIA ANTHONY STELLA K MORRISON CRAIG &YVONNE 608 CIVIC CENTER 5649 NEWBURY WAY 4645 WILSON LN RICHMOND CA CARMICHAEL CA CONCORD CA 94804 95608 94521 30120017 30120031 RIGGS ENTERPRISES INC CAMPOS PABLO&OFELIA 0 PO BOX 1440 608 CIVIC CENTER ST 0 BETHEL ISLAND CA RICHMOND CA 94511 94804 EXHIBIT 7 Maps and Plans !>. 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Sarre 10, PLKASINM,, Cum9SM(W)Fee-eeee 12-15-2004 NO SCALE ND. to Mi[ "INsnN6 \ N 0 tW IP o N�� ,, e I u 60 ro 1' B �$i' �yidH9 peyp4 d a` v. ^moi t o c ------------------ - ta, _ �� � res �- . gBye p p d " �c� P.'i <:-, •` `o j. Y$ '..... . V tA _,..SdGAR-BAAt:S IWAB -. -.. -::.. .•' --r-" +«,Y._ - ,,.- v.., _ '�4 �y'Ot 3 =G^--^�". �-.-- —. ,,. .-.._m-v..._;..w•^. - _ : .;.iCy`'.Yk,�iu.,� .. 'P.``+ ','Cpl 2.001 x to wm � 8v A v , roeo.: PROJECT ssiJowD er: os,So:: SITE PLAN DGSGNE��: LEXANDER & Sosvmir? _....—_. P:sPSK PRa. 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J BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF Hearing on a General Plan Amendment and Rezoning in support of the Sugar Barge Marina and Resort Expansion(County Files: GP#04-0001 and RZ#063187) Notice of hearing for Tuesday November 18, 2008 at 10:45 a.m. was mailed this day, Wedsday, November 5, 2008. I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited for mailing by the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice, on the above entitled matter to the following: PLEASE SEE ATTACHED LIST I declare under penalty of perjury that the e foregoing is true and correct, at Martinez, California. Dated: Jane Penni, on, Chief Clerk I i i i NOTICE OF PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS BETHEL ISLAND AREA Notice is hereby given that on Tuesday, November 18, 2008 at 10:45 a.m., in the County Administration Building, Board Chambers, 651 Pine Street (Corner of Pine and Escobar Streets), Martinez, California,the Contra Costa County Board of Supervisors will conduct a public hearing to consider the following planning matter: GENERAL PLAN AMENDMENT AND REZONING IN SUPPORT OF THE SUGAR BARGE MARINA AND RESORT EXPANSION, (County Files: GP#04-0001 AND RZ#063187). The proposed General Plan Amendment involves a change to the General Plan Land Use Element Map land use designation for the 38-acre site (APN: 030-110-006) on Bethel Island from SL, Single Family-Low Density to CR, Commercial Recreation also the proposed Rezoning would involve a change to the zoning designation for a 38- acre site from A-2, General Agricultural District to R-B, Retail Business District in support of the construction of boat storage facilities and an outdoor recreational vehicle and boat.storage area. The East County Regional Planning Commission approved Land Use Permit #05-2026 on September 8, 2008, contingent upon the approval of the General Plan Amendment and Rezoning. The location of the project is within the unincorporated Bethel Island territory of Contra Costa County, State of California, south of Willow Road and north of Sugar Barge Road. For the purposes of compliance with the provisions of the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration has been prepared for this project. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in the notice, or in written correspondence. Prior to the hearing, Department of Conservation and Development staff will be available on Tuesday, November 18, 2008 at 10:00 a.m. in Room 105, Administration Building, 651 Pine Street, Martinez, CA, to meet with any interested persons in order to (1) answer questions; (2) review the hearing procedures used by the Board; (3) clarify the issues being considered by the Board; and, (4) if necessary, provide an opportunity to identify, resolve, or narrow any differences which remain in dispute. If you wish to attend this meeting with staff, please call Lashun Cross, Department of Conservation and Development, at(925) 335-1229 by 3:00 p.m. on Monday,November 17, 2008 to confirm your participation. Date: November 5, 2008 David Twa, Clerk of the Board of Supervisors and County Administrator B i I David Riggs Darryl Alexander, PLS Sugar Barge Marina & Resort Alexander& Assoc. Inc. P.O. Box 1440 1440 Sugar Barge Rd. Bethel Island CA 94511 147 Old Bernal Ave., Ste. 10 Bethel Island CA 94511 Pleasanton, CA 94566 Interoffice Interoffice Interoffice Main Library Public Works Public Works Pleasant Hill Conservation/Flood Control Engineering Ironhorse Sanitary District Interoffice P.O. Box 1105 East County Fire District 134 Oak Street Environmental Health 450 Walnut Meadows Drive Brentwood, CA 94513 Oakley, CA 94561 Water Distribution Planning Division Delta Protection Commission BIMID EBMUD Mailstop 701 P.O. Box 530 3085 Stone Road 375 11`h St. Walnut Grove, CA 95690 P.O. Box 244 Oakland, CA 94607-1055 Bethel Island, CA 94511 City of Oakley City of Brentwood Bethel Island MAC 3231 Main Street 708 Third Street P.O. Box 1388 Oakley, CA 94561 Brentwood, CA 94513 Bethel Island, Ca 94511 U.S. Fish & Wildlife Service Contra Costa Fire Protection District Division of Ecological Services 2800 Cottage Way#W2605 2010 Geary Road Pleasant Hill, CA 94523 Sacramento, CA 95825-1888 i I i I 30070001 30070002 30070003 GENNRICH JOHN ARTHUR QUINTANA RICHARD&MARIA E GENNRICH JOHN ARTHUR 16 CAMEO CT PO BOX 726 16 CAMEO CT WALNUT CREEK CA SAN BRUNO CA WALNUT CREEK CA 94597 94066 94597 30070004 30070005 30080003 ARIAS GEORGE JR& SONDRA K JONES OLGA ROSE TRE KENT JEREMIAH R PO BOX 1840 PO BOX 1292 PO BOX 648 BETHEL ISLAND CA BETHEL ISLAND CA BETHEL ISLAND CA 94511 94511 94511 30080004 30080005 30080006 MCELVAIN GEORGE& SANDRA L SOUTHER PHILLIP R MILBURN GERALD A PO BOX 328 PO BOX 1067 PO BOX 316 BETHEL ISLAND CA BETHEL ISLAND CA BETHEL ISLAND CA 94511 94511 94511 30080007 30080010 30080011 DELANO DAVID J & SANDRA K BISHOP JACK L&CAROL W TRE ANDERSON DAVID E &MICHELLE PO BOX 2169 PO BOX 267 PO BOX 1534 BETHEL ISLAND CA BETHEL ISLAND CA BETHEL ISLAND CA 94511 94511 94511 30080012 30080013 30080014 ZAUNER JOHN C &CLEOPHA S BURE TERRYL K TRE NEWTON HERSHEL&E BERNICE TRE 1290 ST MARK CT PO BOX 495 PO BOX 2077 LOS ALTOS CA BETHEL ISLAND CA BETHEL ISLAND CA 94024 94511 94511 30080015 30080016 30080017 NEWTON MARIVN T&DELORES TRE BOLLS TED JR&CATHY A LAUGHLIN MAXTON A PO BOX 128 2008 LARRY PL 4315 WILLOW RD BETHEL ISLAND CA LIVERMORE CA BETHEL ISLAND CA 94511 94550 94511 30080018 30080019 30080020 THIEMAN HARVEY C TRE GOODSON BRUCE EDLING THEODORE L&HELEN M PO BOX 898 746 ASBURY PL PO BOX 593 BETHEL ISLAND CA SANTA CLARA CA BETHEL ISLAND CA 94511 95051 94511 30080021 30080022 30080023 SELBY RUDY&CLARA W KINZIE KIM KINZIE KIM PO BOX 71 1133 DELNO ST 1133 DELNO ST BETHEL ISLAND CA SAN JOSE CA SAN JOSE CA 94511 95126 95126 30080024 30080026 30080027 LANGER WILLIAM JR NELSON SCOTT D TRE FISHER DAVID A TRE 5294 DENT AVE PO BOX 1069 PO BOX 37 SAN JOSE CA BETHEL ISLAND CA DIABLO CA 95118 94511 94528 30080028 30080029 30080059 NORTHAM TODD SIPES JASPER J &ANNA R TRUST BERGEVIN NED H &DORIS J PO BOX 1244 PO BOX 85 PO BOX 56 BETHEL ISLAND CA BETHEL ISLAND CA BETHELISLAND CA 94511 94511 94511 i I 7 30080060 30080062 30100001 BRIGHT FAMILY PRESERVATION TR BRIGHT FAMILY PRESERVATION TR RUSSO JOANNA H TRE 3124 LONGVIEW RD 3124 LONGVIEW RD 487 BOX 457 ANTIOCH CA ANTIOCH CA BETHEL ISLAND CA 94509 94509 94511 30100002 30110002 30110003 HEREDIA IRENE ANDERSON DORCIA A LIBERTY FEDERAL SERVICE CORP 404 GRANGNELLI AVE 3630 35TH AVE 2270 DOUGLAS BLVD#220 ANTIOCH CA OAKLAND CA ROSEVILLE CA 94509 94619 95661 30110004 30110006 30110007 BEAUCHAMP MICHAEL J&SANDRA RIGGS ENTERPRISES INC RIGGS ENTERPRISES INC L PO BOX 1440 PO BOX 1440 PO BOX 260 BETHEL ISLAND CA BETHEL ISLAND CA BETHEL ISLAND CA 94511 94511 94511 30120001 30120003 30120004 CAMPOS PABLO &OFELIA ANTHONY STELLA K MORRISON CRAIG&YVONNE 608 CIVIC CENTER 5649 NEWBURY WAY 4645 WILSON LN RICHMOND CA CARMICHAEL CA CONCORD CA 94804 95608 94521 30120017 30120031 RIGGS ENTERPRISES INC CAMPOS PABLO&OFELIA 0 PO BOX 1440 608 CIVIC CENTER ST 0 BETHEL ISLAND CA RICHMOND CA 94511 94804 I i �I Contra TO: BOARD OF SUPERVISORS �' � _ "., Costa FROM: CATHERINE KUTSURIS �.�I. County DIRECTOR DEPARTMENT OF CONSERVATION AND DEVELOPMENT DATE: November 18, 2008 SUBJECT: Hearing on a Recommendation of the East County Regional Planning Commission on a Request to Rezone (County File #RZ083201) a 8.7 Acre Parcel from Water Recreational/Flood Hazard Combining District (FI/FH) to General Commercial/Flood Hazard Combining District (C/FH) Fronting on the North Side of Taylor Road on Bethel Island (Matthew Toly—Pacific Boat Center- Applicant & Owner) (County File #RZ083201) (Supervisorial District 5) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDATIONS - After accepting any public testimony and closing the hearing: A. ADOPT the proposed Mitigated Negative Declaration as adequate for purposes of compliance with the requirements of the California Environmental Quality Act. B. APPROVE the rezoning of the 8.71 acre parcel from Water Recreational/Flood Hazard Combining District (F1/FH)to General Commercial/Flood Hazard Combining District (C/FH). CONTINUED ON ATTACHMENT: X YES SIGNATURE _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON I 1 6 APPROVED AS RECOMMENDED V OTHER_ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT� AND CORRECT COPY OF AN ACTION TAKEN YES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT--� ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN Contact: Rose Marie Pietras (925)335-1216 ATTESTED l A O 8 Original: Department of Conservation and Development DAVID TWA, CLEC OF THE BOARD OF cc: Matthew Toly-Pacific Boat Center (Applicant&Owner) SUPERVISORS AND COUNTY Public Works Deparliucia ADMINISTRATOR — Engineering Services \ — Real Property B Assessor Bcthcl Island Municipal Advisory Council DEPUTY CDD-GIS File November 18, 2008 Board of Supervisors File#RZ083201 Page 2 C. ADOPT the findings contained in the Planning Commission Resolution#19-2008 as the basis for the Board's action. D. INTRODUCE Ordinance No. 2008-32 giving effect to the aforementioned rezoning, waive reading and adopt the same. E. DIRECT the Department of Conservation and Development to post the Notice of Determination with the County Clerk. H. FISCAL IMPACT: None. The applicant has paid the necessary application processing fees, and is obligated to pay supplemental fees to recover any and all additional staff time and materials costs associated with the application processing. IIl. BACKGROUND/REASONS FOR RECOMMENDATIONS On February 22, 2008, the applicant filed two applications with the Department of Conservation and Development for County File's RZ083201 and DP083015. The applicant is requesting the rezoning of 8.71+/- acres from Water Recreational/Flood Hazard Combining District (F-1/FM to General Commercial/Flood Hazard Combining District (C/FH) in order to permit the relocation of this commercial operation, the Pacific Boat Center, from its present location, at the south side of Bethel Island bridge. The existing site of the boat facility will then be used as a staging area for the construction of the new Bethel Island bridge. The Pacific Boat Center must be moved from it's present location by the end of November 2008. With the rezoning is a development plan to allow boat and vehicle sales, service and storage operation that was heard and approved by the East County Regional Planning Commission on October 13, 2008. A. Site and Area The subject property is a 8.71+/- acre-parcel fronting a distance of approximately 1000 feet on the north side of Taylor Road approximately 230 feet west of Bethel Island Road in the Bethel Island The subject parcel is mostly a vacant property with a neighboring tenant, West Coast Towers, located on the far northeast corner. The subject property is located west of a commercial area consisting of a grocery store/gas station with a gas tank on the property used for storage of gas, laundromat, nail salon, real estate office, restaurant and Pac Bell substation. B. General Plan The General Plan land use designation for the site is Commercial, which allows a wide range of commercial uses typically found in the smaller scale neighborhood, community and thoroughfare commercial districts, including retail and personal service facilities, November 18, 2008 Board of Supervisors File#RZ083201 Page 3 limited office and financial uses. The Plan's Land Use Element designates that the General Commercial, Community Business, Retail-Business and Neighborhood Business Zoning districts are consistent with this designation. C. Zoning The present zoning district Water Recreational/Flood Hazard Combining District (F1/FH) is primarily for single family residential uses with provisions for the establishment of water recreational type operations that exclude the establishment of boat sales. The proposed rezoning to General Commercial-Flood Hazard Combining District permits the sale of all type of products including boats and vehicles. This rezoning will allow the relocation of the existing commercial facility, the Pacific Boat Center, to its new location so the Bethel Island bridge construction project may commence. The Pacific Boat Center consists of boat and vehicle sales, service and storage operation for boats, RV's and vehicles to a new location and construct a new 6,000 square foot building. D. Agency/Group Comments The County sought comments on this project from a number of potentially interested agencies/groups on February 22, 2008. Staff did not receive 30 day comments from the Ironhouse Sanitary District verifying that the property lies within their service district. Staff confirmed per phone conversation on September 3, 2008 with the Ironhouse Sanitary District that the site is within the district service area. A follow up letter was sent confirming this conversation as requested by the East County Regional Planning Commission on October 28, 2008. E. Bethel Island Municipal Advisory Council The Council indicates that it approves this project. F. Environmental Review For purposes of compliance with the provisions of the California Environmental Quality Act and the State and County CEQA Guidelines, a Mitigated Negative Declaration was prepared and circulated for review and comments between September 4, 2008 and October 6. 2008. The applicant agreed in writing on September 4, 2008 with all the mitigation measures related to potentially significant impacts to: a) high liquefaction potential of loose sands; b) soils on the site are known to be "very highly" corrosive according to the Soil Survey of Contra Costa County. The East County Regional Planning Commission adopted the Mitigated Negative Declaration and the Mitigation Monitoring Program at their meeting on October 13, 2008; and November 18, 2008 Board of Supervisors File#RZ083201 Page 4 1. Initial Study and Proposed Environmental Determination—In the initial study on the project, staff concluded that the proposed rezoning and development plan would not result in significant impacts and consequently is recommending that the Board adopt a Mitigated Negative Declaration and Mitigation Monitoring Program determination for the purposes of compliance with CEQA. 2. Public Review Period and Comments on Proposed Environmental Determination- As stated above, the public comment period extended from September 4, 2008 and October 6, 2008. Two letters were received on October 3, 2008 addressing concern in regards to the safety of Taylor Road and objected to proposed development plan allowing a boat and vehicles sales, service and storage operation. IV.EAST COUNTY REGIONAL PLANNING COMMISSION HEARING AND ACTION On October 13, 2008, the East County Regional Planning Commission conducted a hearing on the two applications, County File's #RZO83201 and DP083015. Staff provided a presentation on the project and discussed several concerns of the Commission in regards to the inadequacy of Bethel Island Road and Taylor Road intersection, the high volume of traffic on Taylor Road, the inadequacy and safety issues of Taylor Road, the width of the driveway and a fire district condition for a 5,000 gallon water tank. The Commission accepted testimony from several neighbors who responded to the environmental review document in opposition to the project. Concerns of the neighbors were addressed in their presentations as a reiteration of what was identified in their letters, i.e., the heavy traffic volume and safety of Taylor Road, objection to the proposed use and the Fire District's requirement for a 5,000 gallon water tank. After completing the public testimony, the Commission voted to adopt the Mitigated Negative Declaration and Mitigation Monitoring Program; adopt a motion recommending that the Board of Supervisors adopt the proposed rezoning from Water Recreational/Flood Hazard Combining District (F1/FH) to Commercial/Flood Hazard Combining District (C/FH); and approve the development plan to relocated the commercial operation and reestablish the Pacific Boat Center at it's new location subject to conditions. The Planning Commission approval of the development plan allows for temporary use of modular structures to help expedite the move to the new location. In consideration of existing economic circumstances, the Commission approval allows additional flexibility for extending the period in which temporary facilities may be used. The Department of Conservation and Development has not received any letters from the general public since the East County Regional Planning Commission hearing regarding the request to rezone the property. November 18, 2008 Board of Supervisors File#RZ083201 Page 5 Following the Commission decision on this project, no appeal has been filed on the Commission's approval of the project's development plan application. Consequently, that component of the project has become final. Still, that entitlement is conditioned and contingent on the Board's approval of the rezoning. The only remaining matter is for the Board of Supervisors to hear and decide the Commission's recommendation on the rezoning. The Commission found that the approval of this rezoning would make the zoning on the site consistent with the General Plan designation of Commercial. V. Consequence of Inaction or Denial of Proposal by the Board If the Board of Supervisors denied the rezoning, the subject property would remain zoned Winter Recreational/Flood Hazard Combining District. As a consequence, a necessary condition of the development plan for relocating the existing business to this site would not have been met. Such action may also interfere with allowing the schedule of the construction of the new Bethel Island bridge to proceed. GACwrent Platumig\cwr-plan\Board\Boaid Orders\RZ0MOLBO. 10.16.08.doc ADDENDUM November 18, 2008, Agenda Item D.2 On this day, the Board of Supervisors conducted a hearing on the recommendation of the East County Regional Planning Commission to rezone an 8.7- acre parcel fronts for a distance of approximately 1000 feet on the north side of Taylor Road, approximately 230 feet west of Bethel Island Road from Water Recreational/Flood Hazard Combining District(F-1/FH) to General Commercial/Flood Hazard Combining District (C/FH, in the Bethel Island area. (Matthew Toly, Pacific Boat Center, Applicant and Owner) (County file #RZ08-3201) Catherine Kutsuris, Conservation and Development Director, introduced the item noting that proposed relocation of the Pacific Boat Center would allow for construction of the Bethel Island Bridge. The Chair of the Board opened the public hearing. There was no public comment. The Chair closed the public hearing. By a unanimous vote of 4-0 with Supervisor Glover absent, the Board of Supervisors took the following actions: ADOPTED the proposed Mitigated Negative Declaration as adequate for purposes of compliance with the requirements of the California Environmental Quality Act; APPROVED the rezoning of the 8.71 acre parcel from Water/Recreational/Flood Hazard Combining District(F1/FH) to General Commercial/Flood Hazard Combining District (C/FH); ADOPTED findings contained in the Planning Commissions Resolution#19- 2008 as the basis for the Board's action; INTRODUCED Ordinance No. 2008-32 giving effect to the rezoning; WAIVED reading; ADOPTED Ordinance 2008-32; and DIRECTED the Department of Conservation and Development to post the Notice of Determination with the County Clerk. RESOLUTION NO, 19-2008 FINDINGS MAP ORDINANCE NO. 2008-32 RESOLUTION NO. 19-2008 RESOLUTION OF THE EAST COUNTY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATION OF THE REQUESTED CHANGE IN ZONING AND APPROVAL OF THE DEVELOPMENT PLAN BY MATTHEW TOLY, PACIFIC BOAT CENTER, (APPLICANT & OWNER)) (RZ083201) IN THE ORDINANCE CODE SECTION; PERTAINING TO THE PRECISE ZONING FOR THE BETHEL ISLAND AREA OF SAID COUNTY. WHEREAS, a request by Matthew Toly — Pacific Boat Center (Applicant & Owner) to rezone 8.71 acres from Water Recreational/Flood Hazard Combining District (F-1/FH District) to General, Commercial/Flood Hazard Combining District (C/FH District) and approval of a development plan to allow boat and vehicle sales, service and storage operation for boats, RV's and vehicles with a proposed 6,000 sq. ft. building, for which applications were received by the Department of Conservation and Development on; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act and the State and County CEQA Guidelines, staff conducted an initial study which concluded that the project may result in significant effects on the environment, however, the study also identified measures that would mitigate those effects to a less than significant level. The applicant agreed to implement those measures. Consequently, a Mitigated Negative Declaration was prepared and circulated for review and comments between September 4, 2008 and October 6, 2008; WHEREAS, after notice having been lawfully given, a public hearing was scheduled before the East County Regional Planning Commission on Monday, October 13, 2008 where all persons interested therein might appear and be heard; and WHEREAS, on Monday, October 13, 2008 the East County Regional Planning Commission heard the applicant's request to rezone his property from Water Recreational/Flood Hazard Combining District (F-1/FH) to General Commercial/Flood Hazard Combining District (C/FH), and a development plan application to allow a boat and vehicles sales; service and storage operation for boats, RV's and vehicles with a proposed 6, 000 square foot building. The Commission deliberated over their concerns with the inadequacy of the intersection of Bethel Island Road and Taylor Road. and the overall needed improvements to make Taylor Road safe for motorists and residents. . In response staff indicated the burden of such improvements should not be encumbered by the applicant. That the Board of Supervisors is the body who determines funding for future projects on a County wide basis. The Commission was also concerned with the County giving the applicant flexibility with the time given for his temporary use. WHEREAS, on Monday, October 13, 2008, the East County Regional Planning Commission having fully reviewed, considered, and evaluated all the testimony and evidence submitted on this matter; 2 WHEREAS, the East County Regional Planning Commission after taking public testimony, determined that there were sufficient evidence to make the required findings for granting project.approval, and subsequently APPROVED the requested rezone; NOW, THEREFORE, BE IT RESOLVED, that the East County Regional Planning Commission: 1. FINDS that the proposed Mitigated Negative Declaration and Mitigation Monitoring Program are adequate for the purposes of compliance with the California Environmental Quality Act and adopts same; 2. RECOMMENDS to the Board of Supervisors the APPROVAL of the rezoning of the site from the Water Recreational/Flood Hazard Combining District (F1/FH) District to the Commercial/Flood Hazard Combining District (C/FH); BE IT FURTHER RESOLVED that the East County Regional Planning Commission determines that sufficient evidence has been provided to determine that the proposed project conforms with the County Growth Management Performance Standards (County General Plan 2005-2020, Growth Management Element, Chapter 4.4) and make all the findings required by County Ordinance Code § 26-2.1806 to allow approval of the proposed project as follows: reasons for this recommendation are as follows: A. Growth Management Element Performance Standards Findings 1. Traffic: The establishment of the Pacific Boat Center will create a minimal increase in traffic use because most boat sales are seasonal during the summer months with very few customers at any one time 2. Water: The site is served by a well. The site does not lie within a community water supply district. All water supply needs for this project will be met by water supplied by on site well. 3. Sanitary Sewer: The property lies within the Ironhouse Sanitary District, and the sewer disposal requirements of the project would be handled by the District. 4. Fire Protection: The site is within .48 miles to the nearest fire station at 3045 Ranch Lane, on Bethel Island, 495 station. 5. Public Protection: The growth management Element Standard is 155 square feet of Sheriff Facility Station area per 1,000 population. This project will not generate population growth. 6. Parks and Recreation: The project will not increase the need of parks and recreation. 3 7. Flood Control and Drainage: Compliance with Public Works Department drainage requirements is required. The project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. The applicant is subject to the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 99.-35) as they pertain to future construction of any structures on this property. B. REZONING FINDINGS: 1. Required Finding: The change proposed will substantially comply with the General Plan. Project Finding: The project site is currently zone Water Recreational/Flood Hazard Combining District (Fl/FH), and designated Commercial (C) land use district in the general plan. Presently, the zoning and land use designation are not compatible. The basis for the General commercial rezone will allow for consistency with the General Plan. It should be noted that other properties within the immediate vicinity are in the general commercial/food hazard combining zoning district (C/FH) and designated Commercial in the .County General Plan. The proposed rezoning to C/FH is for the purpose of relocating the Pacific Boat Center to a new location in order for the County to initiate the Bethel Island Bridge project. The Pacific Boat Center substantially complies with the Commercial land use designation. 2. Required Finding: The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. Proiect Finding: The zoning districts within the immediate adjacent properties consists of Water Recreational/Flood Hazard Combining District (FI/FH, Retail Business/Combining District (RB/FH) and General Agricultural/Flood Hazard Combining District (A-2/FH) . 3. Required Finding: Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Project Finding: Most of the land to the east of this program is zoned Retail Business/Flood Hazard Combining District (RB/FH), therefore, a community need has been demonstrated for the proposed use. C. Development Plan Findings 1. The proposed project is consistent with the purpose of the Commercial/Combining District (C/FH) zoning district. The purpose of the C/FH Combining District is to allow the carrying out o commercial business as defined in the County Code. Establishment of the Pacific 4 Boat Center provides a needed service within a community located along the Delta and offers a style of living that promotes water recreational activities. The Pacific Boat Sales Center must be moved from its present location by the end of November 2008. Stuff realizes that it would not be realistic to have the new building built by the time the applicant must move his operation. In order to accommodate this timely move, the applicant may operate his business from a temporary modular for a specific time period. The permanent building must be completed and a Certificate of Occupancy must be issued by June 30, 2010. The applicant then has ten (10) days to provide evidence that the modular has been removed from the premises. 2. The proposed project is architecturally compatible with other uses in the vicinity, both inside and outside the district. The property is surrounded by commercial and residential uses. The proposed design is consistent with the surrounding commercial uses to the east of the property. Prior to construction of the new building, the applicant is proposing to establish interim fencing to help screen the construction site from the surrounding neighbors. When the permanent commercial building is proposed, the applicant is proposing to replace the interim fencing with permanent fencing consisting of green plastic slates or fast growing vines. BE IT FURTHER RESOLVED that the Chairperson and Secretary of this East County Regional Planning Commission will sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors, all in accordance with the Government Code of the State of California. 5 The instructions by the Planning Commission to prepare this resolution was given by motion of the East County Regional Planning Commission on Monday, October 13, 2008 by the following vote: AYES: Commissioners - MacVittie, Stevenson, Day and Hanna NOES: Commissioners -None ABSENT: Commissioners - Pigati ABSTAIN: Commissioners -None Walter MacVittie, Chairman of the East County Regional Planning Commission County of Contra Costa, State of California I, Catherine Kutsuris, Secretary of the East County Regional Planning Commission, certify that the foregoing was duly called and approved on October 13, 2008. ATTEST: Catherine Kutsuris, Secretary East County Regional Planning Commission County of Contra Costa State of California GACurrent Plannine\curr-plan\Board\Resolutions\rz083201.10.16.08.doc ORDINANCE NO. 2008 - 32 (Re-Zoning Land in the Bethel Island Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION I: Page F-27 of the County's 2005 Zoning Map (Ord. No. 2005-03) is amended by re-zoning the land in the above area shown shaded on the mapp(s) attached hereto and incorporated herein (see also Community Development Department File No. RZ - 083201 ) FROM: Land Use District F-1 -FH ( Water Recreational -Flood Hazard Overlay ) TO: Land Use District C -FH ( General Commercial -Flood Hazard Overlay ) and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2.002. 1 a ------i .1 I --->♦�2 Fy A-2 -FH - I 1 F,, r 1 i aCepee Top /•.,.�1� Collage Ln __ -.I Al2 JHJ 11, +�� T•�.. _.__ Sandy.Ln_.. et iF-H a - � R=t3 -F H _-, --- A-2 FH_ AQ A¢3 F=1 v( , f Slane Rd J ' i C SECTION Il. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of�pa�p�sage shall be published once with the names of supervisors voting for and against it in the — n (te a �jy,�, a newspaper published in this County. PASSED on by the following vote: Supervisor Ave No Absent Abstain 1. J. Gioia 2. G.B. Uilkema ( ) ( ) ( ) 3. M.N. Piepho ( ) ( ) ( ) 4. S. Bonilla 5. F.D. Glover ATTEST: John Cullen, County Administrator and Clerk of t oard of Supervisors Chairman of the Boa By Dep. (SEAL) ORDINANCE NO. 2008 - 32 RZ-083201 -Matthew Toly,Pacific Boat Center Findings Map IA-2-FH' A-12 -FH 2-F;H P I FH I cottage 1-n SandY Ln on City 0 Unincorporate ]ILI C�' Ranch Ln —rA--2 �Fll c L A13 f .4 F-1 Stone Rd H -F t--� F-1 R- fH Rezone from F-1 -FH to C -FH Bethel Island Area I/ Walter MacVittie Chair of the East County Regional Planning Commission, State of California do hereby certify that this is a true and correct copy of page F-27 of the County's 2005 zoning map. indicating thereon,the decision of the Contra Costa County Planning Commission in the matter of Matthew Toly, Pacific Boat Center - RZO83201 ATTEST: Secretary of the Contra Costa County Planning Commission, State of California FINDINGS AND CONDITIONS OF APPROVAL FINDINGS AND CONDITIONS OF APPROVAL FOR REZONING AND DEVELOPMENT PLAN PERMIT COUNTY FILEWS RZO83201 AND DPO83015 AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION ON OCTOBER 13.2008 FINDINGS A. Rezone Findines Section 26-2.1806 of the County Ordinance Code requires specific findings to be made by the planning agency when a request for change in land use district is made; they are as follows: 1. The change proposed will substantially comply with the general plan. The rezoning of the subject property from F-I/FH (Water Recreational/Combining District) to C (General Commercial/Combining District) will bring the zoning into consistency with the General Plan Designation of CO (Commercial). 2. The use authorized or proposed in this land use district is compatible within the district and to uses authorized in adjacent districts. The zoning districts within the immediate adjacent properties consists of F-L,FH- Water Recreational/Combining District and RB/FH Retail Business/Combining District and A-2/FH—Combining District. The proposed use is compatible to the relaill zoning district and the proposed rezoning to Commercial. 3. Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Most of the land to the east of this property is zoned RB/FH — Retail Business — Combining District, therefore, a community need has been demonstrated for the proposed use. B. Development Plan Findings 1. The proposed project is consistent with the purpose of the Commercial/Combining District (C/FM zoning district. Ae purpose of the C/FH Combining District is to allow the carrying out of commercial business as defined in the County Code. F,.vtahlishmenl of the Pacific Boat Center provides a needed service within a community located along the Delta and offers a style of living that promotes water recreational activities. The Pacific Boat Sales Center must be moved from it's present location by the end of November 2008. Staff realizes that it would not be realistic to have the new 1 building built by the time the applicant must move his operation. In order to accommodate this timely move, the applicant will operate his business from a temporary modular for a specific time period The permanent building must be completed and a Certificate of'Occupancy must be issued by June 30, 2010. The applicant then has ten (10) days to provide evidence that the modular has been removed from the premises. 2. The proposed project is architecturally compatible with other uses in the vicinity, both inside and outside the district. The property, is surrounded with commercial and residential rises. The proposed design is consistent with the surrounding commercial uses to the east of the property. Prior to construction of the new building, the applicant is proposing to establish interim fencing to help screen the construction site from the surrounding neighbors. Once the construction of the new building is complete the interim fencing will be removed. To help to camouflage the commercial building from the commercial establishments to the east and the residences to the south located across Taylor Road, the applicant is proposing.to replace the interim fencing with permanent,fencing consisting(?f green plastic slates or fast growing vines. C. Growth Management Element Performance Standards Findings 1) Traffic: The establishment of the Pacific Boat Center will create a minimal increase in traffic use because most boat sales are seasonal during the summer months with very few customers at any one time. 2) Water: This site is served by a well. There is no water district in this area of Bethel Island. 3) Sanitary Sewer: This property is served by the Ironhouse Sanitary District.' 4) Fire Protection: The site is within .48 miles to the nearest fire station at 3045 Ranch Lane, on Bethel Island, # 95 station. 5) Public Protection: The growth management Element Standard is 155 square feet of Sheriff Facility Station area per 1,900 population. This project will not generate population growth. 6) Parks & Recreation: This project will not increase the need of parks and recreation. 7) Flood Control and Drainage: Compliance with Public Works Department drainage requirements is required. 2 CONDITIONS OF APPROVAL FOR LAND USE PERMIT #DP083015 Administrative 1. Development is approved as shown on plans submitted with the application, received by the Community Development Department on February 22, 2008 and revised plans on July 21, 2008, subject to final review and approval by the County Zoning Administrator prior to the issuance of a building permit and subject to the conditions list below. 2 _ Approval is Contingent on Consistent Approval of the Rezonins of the Development Plan Application. This development plan shall be approved contingent upon approval of the rezoning request County File #RZ083201 from FI/FH,Water Recreational Combining District to C/FH General Commercial Combining District Development Plan, County File DP083015. If the site is not rezoned this approval shall be null and void. Provisions for Temporary Uses 3._ _ During the construction period of the Pacific Boat Center building, the applicant shall be allowed to establish a temporary modular office to conduct the daily business operation of the boat facility with the following provisions: a) The.building permits for the permanent building must be obtained no later then December 31, 2009. b) Prior to moving the temporary modular, the applicant shall provide evidence that all approvals have been received for the modular from Building Inspection Division, Health Services Department/Environmental Health Division and the Public Works Department/Flood Control Division—Floodplain Manager. c) The permanent building must be completed, and Certificate of Occupancy issued by June 30, 2010. d) The applicant has ten (days) to provide evidence that the modular has been removed, once the permanent building has received the final inspection for occupancy from the Building Inspection Division. e) Compliance with condition of approval #5 and subsequent conditions shall be deferred to the issuance of building permits for the permanent buildings. 3 fl Prior to the last dates for obtaining_building permits and final building permits for permanent buildings and retaining authorized temporary operational facilities, the applicant may request an extension of time of those dates for the review and approval of the Zoning Administrator. Upon showing of good cause for such an extension, the request may be granted. 4._ _ Prior to the issuance of a move permit from Building Inspection Division for the temporary modular office from it's present location to the temporary location, the applicant shall: a) Submit an interim fencing plan for the purpose of screening the construction site from the surrounding neighbors; b) Once the permanent building is complete, the applicant shall remove the temporary fencing; c) The applicant shall provide evidence the temporary fence has removed; d) The temporary fence shall be replaced permanent fencing; e) The permanent fencing shall meet the design criteria outlined in Condition of Approval #10. Design Characteristics 5. The proposed building shall be similar to that shown on revised plans dated July 21, 2008. 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 Administrator. 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 metal or other materials acceptable to the Zoning Administrator. 6. A parking plan shall be submitted for review and approval by the Zoning Administrator at least 30 days prior to issuance of building or grading permits. The applicant shall subject a revised parking plan subject to the following requirements: a. A minimum of twelve (12) spaces located within all the required setbacks shall be provided. 4 b. All parking spaces shall be doubled stripped. c. Parking and driveway areas shall be paved so as to prevent dust and ponding of water. d. Handicapped spaces shall be appropriately identified. e. A planter or landscape strip shall be provided neat least four (4) feet in width adjacent to street right-of-way. 7. The design, color and location of any project sign at the entrance to the property shall be reviewed and approved by the Zoning Administrator. 8. At least 30 days prior to the issuance of a building permits, an exterior lighting plan shall be submitted for review and approval of the Zoning Administrator. The plan shall include details of location and design of outside lighting fixtures, proposed screening and hours of operation of exterior lights. 9. Exterior lights shall be deflected so that lights shine onto subject property and not toward adjacent properties and subject to the review and approval of the Zoning Administrator. 10. Prior to the issuance of a building permit, the applicant shall submit a fencing plan. The design shall be inconspicuous. The material shall be limited to cyclone fencing with inserted green plastic slates or a fast growing vine to help screen the facility from the surrounding neighbors along the non-exclusive right of way and the residences to the south and subject.to the review and approval of the Zoning Administrator. Razor wire and barb wire are prohibited. Commercial Activity 11. Hours of operation shall be from 8:00 A.M. to -5--.8:00 P.M. seven days-a week. Sunday tela 1100 P.M. to 3:AA P.M. The . .Bean. : .hewed te ,pen either Prior to the issuance of a building permit, the applicant shall provide evidence that a Business Plan has been submitted to the Health Services Department Hazardous Materials Division. Landscaping 12. A revised 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 the issuance of a building permit. 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 approval of the final building permit. The plan shall be prepared by a licensed landscape architect and shall be certified to be in compliance with the County Water Conservation Ordinance. 13. California native drought tolerant plants shall be used as much as possible. All shrubs shall be a minimum 1 gallon size: Trees A. On Site Tree Replacement Program 14. _ Prior to the issuance of a building permit for the permanent building, the applicant shall provide the following to compensate for the loss of a maximum of 40 code-protected trees proposed and approved for removal as shown on the site plan dated July 21, 2008. The applicant shall provide the following for the loss of existing trees subject to the review and approval of the Zoning Administrator, 1. An on-site tree planting program that has been prepared and certified by a license landscape architect. The trees shall be planted at locations to help screen the facility from the surrounding commercial uses to the east and residences to the south and to the west. ❖ The plan shall provide for planting a minimum of 133 neAiye speeies-trees consisting of a. 5 gallon trees; b. suitable soil preparation; and C. irrigation for the planting. 2. A labor and materials estimate of the proposed program by a qualified professional. 3. The applicant shall maintain the trees for a minimum period of three (3) years following a determination by the Zoning Administrator that the approved landscape improvements have been completed planting and to replace trees that fail that exceed more than ten trees. 4. Applicant shall post a suitable security (cash deposit or warranty bond) with the County valued at 25% of the cost of installation of the improvement plan that includes the approved tree planting plan and cost estimate for the full term of the required maintenance period. 5. The County shall retain the security for at least 36 months following the initial County field verification of approved improvements. 6 B. Prior to Requesting a Final Inspection a Completion/Field Verification Required 1. The applicant shall maintain the trees for a minimum period of three (3) years following planting and to replace trees that fail that exceed more then ten trees. 2. The applicant shall maintain the approved landscape improvements in good condition at all times, and to repair any damaged improvements. 3. At least 30 days prior to receiving a final inspection on the building permit . for the facility, the applicant shall schedule a County field inspection to verify that the approved tree planting and irrigation plan has been installed. C. Action Required After Release of Security 1. At least 30 months after the field verification by the County of the approved improvement plans, the applicant shall write the County requesting a follow on.inspection to determine any damage to the approved improvements The Zoning Administrator will determine at what extent the security shall be released or used. Archaeology 15. No evidence of prehistoric archaeological deposit or modification of the ground was seen anywhere inside the project borders. It is the opinion of this author that development of the area for a new boat yard will have no effect on prehistoric cultural resources. Since this area does not contain any of the dune build up seen to the east, none of it would have been habitable in prehistoric times, when it would have flooded on a regular basis. Because of the lack of former dry ground in prehistoric times, this report does not recommend archaeological monitoring of future construction related earthmoving activities and does not recommend that a program of ,mechanical subsurface presence/absence testing be conducted inside the project borders. Construction Conditions 16. _ Construction Period Development Activity Restrictions — Contractor and/or developer shall comply with the following construction noise, dust, litter, and traffic control requirements: A. Time Limits on Construction Activity - All construction activities shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and shall be prohibited on state and federal holidays on the calendar dates that these holidays are observed by the state or federal government as listed below: 7 New Year's Day (State and Federal) Birthday of Martin Luther King, Jr. (State and Federal) Washington's Birthday/Presidents' Day(State and Federal) Lincoln's Birthday (State) Cesar Chavez Day (State) Memorial Day (State and Federal) Independence Day (State and Federal) Labor Day (State and Federal) Columbus Day (State and Federal) Veterans Day (State and Federal) Thanksgiving Day (State and Federal) Day after Thanksgiving (State) Christmas Day (State and Federal) For specific details on the actual day the state and federal holidays occur, please visit the following websites: Federal Holidays http://www.ol2m.gov/fedhol/2006.asp California Holidays http://www.edd.ca.,gov/eddsthol.htm B. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers that are in good condition and shall locate stationary noise-generation equipment such asair compressors and concrete pumpers as far away from existing residences as possible. C. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. D. Transporting of heavy equipment and trucks shall be limited to the hours of 9:00 A.M. and 4:00 P.M., Monday through Friday, and is prohibited on state and federal holidays. E. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. F. At least one week prior to commencement of grading, the applicant shall post at the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall also be included. The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles and the 24-hour emergency number shall be expressly identified on the notice. 8 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. G. Inclusion of Time Limits on Improvement/Construction Plan Notes — Prior to clearance of improvement plans (including grading and building), the notes for the plans shall include the above time limits on construction activity. H. A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. Geolovv 17. i At least 30 days prior to requesting construction permits, submit a design-level geotechnical report for review by the Peer Review Geologist; and review and approval of the Zoning Administrator. The required report shall a) provide sufficient subsurface data to evaluate the geometry and thickness of loose to medium dense sand; b) provides an assessment of the liquefaction potential and the associated hazards, explaining details of the methodology /. parameters / assumptions used in the analysis; c) provide practical measures to control/avoid damage from liquefaction; and d) provide testing protocols to confirm that adequate mitigation has been achieve. The scope of the investigation shall include at least one boring should be extended to a depth.of 40-50 feet. The report shall include specific standards and criteria for grading, drainage and foundation design, including CBC 2007 seismic design parameters. MMVI.a.3 18._ . Prior to issuance of building permits, chemical testing of representative building pad soils shall be submitted to determine the level of corrosion protection required for steel and concrete materials used for construction. The following measures shall be implemented where appropriate to protect against corrosion: use of sulfate-resistant concrete and use of protective linings to encase steel piping buried in native soils. MMIV.c-a 19. The geotechnical engineer shall a) review and approve grading, drainage and foundation plans prior to issuance of construction permits to verify that the plans incorporate the geotechnical recommendations aimed at minimizing expansive soil effects and fill settlement on structures; and b) observe construction to assure compliance with recommendations in the approved geotechnical report. MMIV.c-b 9 Compliance Report 20. _ Prior to issuance of the building permit, the applicant shall submit an application for Condition of Approval Compliance Check. Currently, the fee for this application is a deposit of $500.00 that is subject to time and materials costs. Should staff costs exceed the deposit, additional fees will be required. 21. _ Submittal for this application shall include a "check sheet" describing how each condition of approval has been satisfied, along with applicable proof that each condition has been satisfied (i.e. documentation, plans, photographs, etc.). This application will remain active throughout the life of the project and additional submittals will be required to ensure compliance with each phase of development (grading, building), as described below. Compliance with those conditions administered by the Public Works Department need not be included as part of this application. Fees 22. This application is subject to an initial application fee of$8,138.00.00 which was paid with the application submittal, plus time and material costs if the application submittal, plus time and material costs if the application review expenses exceed 100% 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 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. 23. Prior to issuance of a building permit, provide evidence to the satisfaction of the Zoning Administrator that County Environmental Health Department standards are satisfied regarding water. PUBLIC WORKS RECOMMENDED CONDITIONS OF APPROVAL FOR PERMIT DP08-3015 Applicant shall comply with the requirements of Title 8, Title 9 and Title 10 of the Ordinance Code. Any exception(s) must be stipulated in these Conditions of Approval. Conditions of Approval are based on the site plan submitted to Community Development on July 2, 2008. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. General Requirements: 24, Improvement plans prepared by a Registered Civil Engineer shall be submitted, if necessary, to the Public Works Department, Engineering Services Division, 10 along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this development plan. Any necessary traffic signing and striping shall be included in the improvement plans for review by the Transportation Engineering Division of the Public Works Department. Roadway Improvements: 25. Applicant shall pave at least 30 feet of the proposed driveways from the existing edge of pavement of Taylor Road into the property, for purposes of allowing vehicles to pull completely off of the roadway and still remain on a paved surface, and to prevent dust, gravel, and debris from spilling on to Taylor Road. 26. Applicant shall locate any gate(s) a minimum of 30 feet wide and 4-80110 feet from the edge of pavement to allow vehicles to queue without obstructing through traffic on Taylor Road. Any gate(s) shall not open outwards towards the roadway. 27. Applicant shall construct pavement widening to provide a minimum 20 foot wide paved half width, necessary longitudinal and transverse drainage, and transitions along the frontage of.Taylor Road. Applicant shall relocate any utilities necessary to accommodate the roadway widening. Exception 28. The applicant is granted an exception from installation of frontage improvements, provided the property owner(s) execute(s) a deferred improvement agreement for the following improvements: A. Construction of pavement widening to provide a minimum 20 foot wide paved half width, necessary longitudinal and transverse drainage, and transitions along the frontage of Taylor Road. Applicant shall relocate any utilities necessary to accommodate the roadway widening; and B. At the time the deferred improvement agreement is called up, property owner shall submit improvement plans, prepared by a Registered Civil Engineer, to Public Works and pay appropriate fees in accordance with the County Ordinance and this deferred improvement agreement. Road Dedication: 29. Portions of Taylor Road are located outside of the current right of way corridor, at angle points along the subject properties boundary. The applicant shall convey to the County, by Offer of Dedication, the right of way necessary for a 11 30 foot half-width along the project frontage of Taylor Road, as measured from the centerline of the existing road. Access to Adjoining Property: Encroachment Permit 30. Applicant shall obtain an encroachment permit from the County's Application and Permit Center for the construction of any improvements within the right of way of Taylor Road. Site Access 31. Applicant shall only be permitted access at the driveway locations shown on the site plan. Sight Distance: 32. Applicant shall provide adequate sight distance at the driveway intersections and Taylor Road for a through traffic design speed of 40 miles per hour, and at a minimum shall be in accordance with Title 82-18, "Sight Obstructions at Intersections." Any new signage, landscaping, fencing, retaining walls, or other obstructions proposed at these intersections shall be setback to ensure that the sight line is clear of any obstructions. 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. Street hights (Annemtien to GSA 16 &90* CUFFent 6kFG0 fees, 8F apply feF annexatien te anetheF street light fin i ffi buffilding pemits. 4be appheant shall be aware that this an is must eewl* with State PFepesitien 218 requiFements, which state that the pmpeFty ewfleF FRUSt hOld menths te eemplete. AnHexatien inte a street light sewmee aFea does net include the 12 Utilities/Underground ing: 34. All new utility distribution facilities shall be installed underground. Drainage Improvements: Collect and Convey 35. Applicant shall collect and convey all storm water entering and/or originating on this property without diversion and within an adequate storm drainage facility, to an adequate natural watercourse having a definable bed and banks, or to an existing adequate public storm drainage system which conveys the storm waters to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. A. Section 914-6.402 of the Ordinance Code prohibits discharge of concentrated storm water runoff to roadside ditches. Exception 36. Applicant shall be permitted an exception to allow discharge of storm water to roadside ditches, provided that the applicant verifies the adequacy of the downstream ditch system. Miscellaneous Drainage Requirements: 37. Applicant shall design and construct all storm drainage facilities in compliance with the Ordinance Code and Public Works Design Standards. 38. Applicant shall prevent storm drainage from draining across any sidewalk(s) and driveway(s) in a concentrated manner. 4(D9. A private storm drain easement, conforming to the width specified in Section 914-14.004 of the County Ordinance Code, shall be dedicated over any proposed storm drain line traversing the site. Provision "C.3" of the NPDES Permit: -240. In compliance with Provision C.3 of the County's Stormwater Management and Discharge Control Ordinance, it has been determined that this project does not require submittal of a Stormwater Control Plan (SWCP). New or redeveloped impervious surface area proposed in this application total less than 10,000 square feet, which is the threshold for submittal of a SWCP. However, 13 this project is required to incorporate stormwater quality elements to the Maximum Extent Practicable (MEP), in accordance with all other provisions of the County Stormwater Management and Discharge Control Ordinance. This must include efforts to limit new impervious surface area, limit directly connected impervious areas, provide for self retaining areas and include other Best Management Practices to the MEP. National Pollutant Discharge Elimination System (NPDES): 941. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination Systems (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 or Central Valley Region). Compliance shall include developing long-term best management practices (BMP's) for the reduction or elimination of storm water pollutants. The project design shall incorporate, wherever feasible, the following long-term BMP's in accordance with the Contra Costa County Clean Water Program for the site's storm water drainage: - Minimize the amount of directly connected impervious surface area. - Stencil advisory warnings on all catch basins and storm drains. - Shared trash bins shall be sealed to prevent leakage, OR, shall be located within a covered enclosure. - Prohibit or discourage direct connection of roof and area drains to storm drain systems or through-curb drains. - Shallow roadside and on-site grassy swales. - Other alternatives, equivalent to the above, as approved by the Public Works Department. ADVISORY NOTES THE FOLLOWING INFORMATION DOES NOT CONSTITUTE CONDITIONS OF APPROVAL. IT IS PROVIDED TO ALERT THE APPLICANT TO LEGAL REQUIREMENTS OF THE COUNTY AND OTHER PUBLIC AGENCIES TO WHICH THIS PROJECT MAY BE SUBJECT A. NOTIFIY OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. 14 This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a 90-day period after the project is approved. The ninety (90) day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by the approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the Community Development Department within 90 days of the approval date of this permit. B. Additional requirements may be imposed by the Health Department or the Building Inspection Division. It is advisable to check with these departments prior to requesting a building permit or proceeding with the project. . C. The Building Inspection Division will require three sets of building plans which must be stamped by the Department of Conservation and Development by the Ironhouse Sanitary District, and by the County Health Department/Environmental Health Division for water supply. D. The Building Inspection Divisions will require design of new building to comply with the 2007 CBC, 2007 CPC, 2007 CEC, 2007 CMC. Architect and engineer to design if non- conventional design. The applicant shall submit soils report, energy calls and drainage plan. The applicant shall check with Bob Hendry of the Public Works Department for flood plain permits. E. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination Systems (NPDES) for municipal, construction and industrial activities, as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay—Region II). F. Applicant shall comply with the Bridge/Thoroughfare Fee Ordinance requirements for the Bethel Island and the ECCRFFA (RTDIM) Areas of Benefit, as adopted by the Board of Supervisors. These fees shall be paid prior to issuance of a building permit. G. The project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. The applicant shall be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 99- 35) as they pertain to future construction of any structures on this property. H. Comply with the requirements of the Contra Costa County Fire Protection District. 15 G:\Current Planning\curr-plan\Staff Reports\dp083015.9.18.08.doc Approved 10-13-08 HL 16 EAST COUNTY REGIONAL PLANNING COMMISSION STAFF REPORT OCTOBER 13, 2008 Agenda Item # Conservation and Development Contra Costa County EAST COUNTY REGIONAL PLANNING COMMISSION MONDAY, OCTOBER 13, 2008 — 7:00 P.M. I. INTRODUCTION 1. MATTHEW TOLY — PACIFIC BOAT CENTER (APPLICANT & OWNER) COUNTY FILE #RZ083201: The applicant requests approval to rezone the subject property from Water Recreational/ Flood Hazard Combining District (F-1/FH District) to General Commercial/Flood Hazard Combining District (C/FH District.) 2. MATTHEW TOLY — PACIFIC BOAT CENTER (APPLICANT & OWNER) COUNTY FILE #DP083015: The applicant requests approval of a development plan to allow boat and vehicle sales, service and storage operation for boats, RV's and vehicles with a proposed 6,000 sq. ft. building. A descriptive 8.71 acre parcel fronting a distance of approximately 1000 feet on the north side of Taylor Road approximately 230 feet west of Bethel Island Road. (F-1/FH Combining District) (ZA: F-27) (CT: 3010) (Parcel #031-040-005). II. RECOMMENDATION Adopt a motion: A. That on the basis of the whole record before it, including the initial study and the comments prepared for the projects associated with this application, i.e., received for County File #'s RZO83201 and DP083015, the East County Planning Commission finds that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigated negative declaration reflects the County's independent judgment and analysis. The documents or other material that constitute the record of proceedings upon which the East County Planning Commission's decision is based may be found at the Department of Conservation and Development, 651 Pine Street, 2nd Floor, North Wing, Martinez, CA under the custodian of the project planner, Rose Marie Pietras (925) 335-1216. S-1 B. Adopt the proposed mitigated negative declaration determination for this project for the purposes of compliance with the California Environmental Quality Act and adopt the mitigation monitoring program. C. Recommend that the Board of Supervisors adopt the proposed findings and approve the proposed rezoning, and development plan with conditions. D. Adopt the proposed findings and approve the proposed development plan with conditions, including a condition that makes approval of the development plan contingent on conforming approval of the rezoning action by the Board of Supervisors. III. GENERAL INFORMATION A. General Plan Desienations: The General Plan designation is Commercial. The zoning districts consistent with this designation are: C/Commercial; C-B/Community Business District; RB/Retail Business; NB/Neighborhood Business. This designation allows a broad range of commercial uses typically found in the smaller scale neighborhood, community and thoroughfare commercial districts, including retail and personal service facilities, limited office and financial uses. B. Zoning Districts: Water RecreationaMood Hazard Combining District. (F-1/FH Zoning District). The Water Recreational/Flood Hazard Combining District is primarily for single family residential uses with provisions for the establishment of water recreational type operations that exclude the establishment of boat sales. However, the applicant is requesting a rezoning to the General Commercial zoning district which permits the sale of all types of products including boat and vehicle sales. C. CEQA Status: Pursuant to the review requirements of CEQA, staff conducted an initial study on the project and determined that the project would result in some significant impacts on the environment. However, measures have been identified that would mitigate those impacts to less than significant level. Mr. Toly has agreed in writing to all the mitigations. Consequently, staff is proposing that the Commission adopt a proposed Mitigated Negative Declaration determination for this project, and posted and noticed said proposal. No responses have been received. For the purposes of satisfying the CEQA requirement, a total of 71 Notices of Intent to Adopt a Mitigated Negative Declaration were issued to both the owners and occupants of all adjoining properties. Notices to the property owners were issued to the mailing addresses on the Assessor's Roll. Many property owners also are occupants of their properties. Staff has received no indication that the notices to the property owners were not delivered as addressed. However, a number of the notices that were addressed to occupants and the situs addresses were returned. S-2 Staff later learned that the postal service on Bethel Island does not deliver mail to the site'of each residence; rather they only deliver to a postal box in the local post office. Because of the majority of properties are owner occupied, notices were successfully delivered to the occupants of most of the adjoining properties. Still, some of the adjacent properties may be occupied by parties other than the owner. Staff determined that as many as 8 notices were returned that may have an occupant other than the owner and who did not receive a mailed notice of the CEQA determination. To address the situation, staff arranged for a follow-on publication of the Notice of Intent to Adopt a Mitigated Negative Declaration in the East County Times on September 18, 2008. D, Previous Applications: 1. PR030017: A pre-application review to establish an equestrian facility. 2. LP072042: A land use permit application is being processed concurrently reviewed for a telecommunication facility by a different applicant. There will be a separate hearing on that application. E. Regulatory Programs: 1. Active Fault Zone: The subject site is not within an Alquist-Priolo special study. 2. Flood Hazard Area: Site is located within Flood Zone A, and subject to a 1% chance flooding in anyone year, Panel #.0175B 3. 60dBA Noise Control: Site is not within a 60dBA noise control zone. F. Origin of Property Under Subdivision Law: Prior to 1955, the County Code only regulated the subdivision of land into five or more lots. A subdivision into four or fewer lots was not regulated before that time. This site was created in 1953 by the conveyance and recordation of a Grant Deed for value received. IV. SITE AND AREA DESCRIPTION: The proposed site for relocation is a 8.71 acre parcel mostly vacant with a neighboring tenant, West Coast Towers, located at the far northeast corner. The subject site is located west of a commercial area consisting of a grocery store/gas station with a gas tank on the property used for storage of gas, laundromat, nail salon, real estate office, restaurant and Pac Bell substation. To the south of the property are single family residences with boat docks along the delta area. Directly across Taylor Road is a boat shop presently closed, but had existed for forty years. S-3 V. PROJECT DESCRIPTION The applicant is proposing to rezone the subject property from Water Recreational/Flood Hazard Combining District (F-1/FH District) to General Commercial/Flood Hazard Combining District (C/FH District.) and development plan for a boat sales and maintenance operation. The F1/FH Combining District permitted uses are primarily residential, with all uses auxiliary to the primary residence. The rezoning of the subject property is required in order to permit the relocation of this commercial operation, the Pacific Boat Sales Center from its present location, at the south side of the Bethel Island bridge. The existing site of the boat facility will then be used as a staging area for the construction of the new Bethel Island Bridge. The Pacific Boat Sales Center must be moved from it's present location by the end of November 2008. Staff realizes that it would not be realistic to have the new building built by the time the applicant must move his operation. In order to accommodate this timely move, the applicant shall be allowed to operate his business from a temporary modular for a specific time period. The permanent building must be completed and a Certificate of Occupancy must be issued by June 30, 2010. The applicant then has ten (10) days to provide evidence that the modular has been removed from the premises. A 0' sideyard variance (5' required) for the parking lot area within the unimproved private access easement was inadvertently included in the Notice of Intent and later determined not to require a variance approval. The General Commercial zoning district does not allow development without approval of a development plan. The applicant requests approval of a development plan to allow boat and vehicle sales, service and storage operation for boats, RV's and vehicles with a proposed 61000 sq. ft. building. The site has adequate space for the proposed Pacific Boat Center and the requirement of 12 parking spaces. The applicant's water source is from an individual well. However, the applicant is being required to establish a 5,000 gallon water tank for emergency uses in case of fire by the Contra Costa County Fire Protection District. The subject site will be served by the Ironhouse Sanitary District. This was verified by a phone conversation on September 3, 2008 by staff with the Ironhouse Sanitary District. No new facilities would be required as a direct result of this development plan. VI. AGENCY COMMENTS A. Department of Conservation and Development/Building Inspection Division: Memorandum dated March 21, 2008. Design of new building to comply with the 2007 CBC, 2007 CPC, 2007 CEC, 2007 CMC. Architect and engineer to design if non-conventional design. Submit soils report, energy calls and drainage plan. Check with Bob Hendry of the Public Works Department for flood plain permits. B. Health Services Department/Environmental Health Division: Memorandum dated March 21, 2008. No Comments. S-4 C. Public Works Department/Flood Control/Water Conservation District: Memorandum dated March 25, 2008. No comments. D. Contra Costa County Fire Protection District: Memorandum dated March 24, 2008. See attached. E. Bethel Island Municipal Advisory Council: Memorandum dated April 9, 2008. The Council recommends approval of this project. F. Health Service Department/Hazardous Materials Programs: Memorandum dated August 21, 2008. The facility has only been entered in our programs since May 13, 2008. They are currently in our Hazardous Waste Generator, Hazardous Materials Business Plan and Clean Water Programs. The business activities at this facility include small boats sales and minor service operations. At the time of Contra Costa Health Services (CCHS) inspection on May 13, 2008, no wastes were noted on site except one drum of waste oil. Their clean water inspection of May 13, 2008 noted that no violations were observed.in their yard. Their 2008 Business Plan was received on July 28, 2008, along with a site map, emergency plan, and employee training records. At their new location, Pacific Boat Center must submit a new Business Plan and remain in the Hazardous Waste Generator program, subject to periodic inspections. CCHS does not believe that this project proposed operations would create potentially significant impacts requiring mitigations. G. California Historical Resources Information System: Memorandum dated August 26, 2008. This office has no record of any previous cultural resources studies for the proposed project area. Given the proximity of two prehistoric-period village sites, both of which contain human remains, and the similarity of the environmental settings of all three years, therefore the proposed project area has the possibility of containing unrecorded archaeological site(s). A study is recommended prior to commencement of project activities. It is recommended that the applicant contact the Native American tribe(s) regarding traditional, cultural, and religious values. H. Bethel Island Municipal Improvement District: The Bethel Island Improvement District was noticed on February 22, 2008, no response to the County referral was received. VII. GEOLOGICAL REVIEW A Geological Review was prepared by Darwin Myers Associates dated August 22, 2008. The site is located in the southwest quadrant of the Cottage Land/Bethel Island Road intersection, and is presently vacant. Elevations on the site range from approximately S-5 +0.5 ft. to — 4.8 ft. Natural slopes on the property are to the southwest at less than 1 percent. The Geological Review sited the County's General Plan, Safety Element as follows: • The site is in an area rated "highest damage susceptibility", (p. 10-13). The risk of structural damage from ground shaking is regulated by the building codes and County Grading Ordinance. ■ The site is rated "generally high" liquefaction potential (p.10-15). Mapping of U.S. Geological Survey, (Nilsen, 1975) describe the alluvial deposits on the southwest portion of Bethel Island as alluvial and deltaic deposits of Holoene age, which are underlain by dune sands. Subsurface data gathered for land development projects in the Bethel Island-Holland Tract area suggest the upper 10 feet of the dune sand soils are loose-to-medium dense sands and water table is approximately 5 to 8 feet below the surface. These loose sands were present on the site and have been confirmed to have a high liquefaction potential. ■ The Soil Survey of Contra Costa County (1977) maps the site as "Piper loamy sand" (Pe). According to this report, soils'on the site have a generally "low" expansion potential but the soils are rated "very highly" corrosive. Expansive soils shrink and swell as a result of moisture changes that can cause heaving and cracking of slabs-on-grade, pavements and structures founded on shallow foundations. Corrosive soils can result in damage to concrete foundations that are in contact with the ground and steel, unless specific design measures are included in the geotechnical report. Proper mitigations were included in the Mitigated Negative Declaration and have been integrated as conditions of approval of this development plan application. VIII. ARCHAEOLOGICAL REVIEW A copy of this application was forwarded on August 25, 2008 to the California Historic Resources Information System (CHRIS) for comments. Comments were received on August 26, 2008 concluding that the area has the possibility of containing unrecorded archaeological site(s), given the proximity of two prehistoric-period village sites, both of which contain human remains, and the similarity of environmental settings of all three areas. A Cultural Resources Study was prepared by Miley Holman & Associates dated August 29, 2008 in response to the request of the California Historic Resources Information System. S-6 According to the study: "No evidence of prehistoric archaeological deposit or modification of the ground was seen anywhere inside the project borders. It is the opinion of this author that development of the area for a new boat yard will have no effect on prehistoric cultural resources. Since this area does not contain any of the dune build up seen to the east, none of it would have been habitable in prehistoric times, when it would have flooded on a regular basis. Because of the lack of former dry ground in prehistoric times, this report does not recommend archaeological monitoring of future construction related earthmoving activities and does not recommend that a program of mechanical subsurface presence/absence testing be conducted inside the project borders." IX. ROAD, DRAINAGE AND UTILITY CONSIDERATIONS The Public Works Department reviewed the application and site plan received on July 2, 2008 and submitted the following comments and conditions of approval. Background The applicant requests approval of a development plan for the relocation of a boat and vehicles sales, service and storage operation. This proposal will also include a rezoning. The subject site is approximately 8.71 acres and located on Taylor Road in unincorporated Bethel Island. It appears that the applicant proposes to construct the facilities in the southwestern portion of the subject site, which is currently vacant. There was a recent application (LP072042) for wireless telecommunications facilities proposed to be located in the northwestern portion of the subject site; however, the Public Works Department is unaware of the status of that application. Traffic and Circulation The subject site fronts Taylor Road, a public road, along the southern boundary, and Cottage Lane, a private road, along the northerly boundary. The ultimate plan for Taylor Road is a 40 foot wide paved roadway within a 60 foot wide right of way. The applicant indicates that Taylor Road is approximately 22 feet wide. The applicant should be required to improve Taylor Road to a 20-foot wide half-width along the project frontage. However, considering the location and rural nature of Bethel Island, the applicant may enter into a Deferred Improvement Agreement (DIA) for roadway improvements on Taylor Road in lieu of constructing these improvements at this time. It appears that the current right of way width of 60 feet for Taylor Road is adequate; however, additional offers of dedication shall be required due to the existing angle points in the right of way. Portions of the roadway do not appear to be contained completely within the boundaries of the existing right of way where there are horizontal curves in the roadway located along the project's frontage. Additional offers of dedication at these curves shall be required. S-7 Drainage Division 914 of Jthe County Ordinance Code requires all storm water entering and/or originating on this property to be collected and conveyed without diversion and within an adequate storm drainage system, to an adequate natural watercourse having a definable bed and banks, or to an existing adequate public storm system which conveys the storm waters to an adequate natural watercourse. The project lies within the 100-year flood boundary -as designated on the Federal Emergency Flood Rate Maps. The applicant shall be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 99-35) as they pertain to future construction of any structures on this property. Stormwater Management In compliance with Provision C.3 of the County's Stormwater Management and Discharge Control Ordinance, it has been determined that this project does not require submittal of a Stormwater Control Plan (SWCP). New or redeveloped impervious surface area proposed with this application will total less then 10,000 square feet, which is the threshold for submittal of a SWOP. X. STAFF ANALYSIS/DISCUSSION A. Appropriateness of Use: The Pacific Boat Center main business at 5980 Bethel Island Road is sales of new and used boats and vehicles. The applicant is an authorized service center for a variety of boats, engines, drive systems, Kohler generators and Marine Air conditioning systems. In addition, there will be a storage area for boats, vehicles and RV's. When sold, the merchandise is washed and detailed. The visual character of the site would change with the construction of the building. Upon staff's field visit the subject site was observed as a vacant parcel with some creek willow trees located in the building envelop of the sales center. The applicant is proposing to remove these trees. The purpose of this application is to relocate the Pacific Boat Center to a new location as a result of the County's Bethel Island new bridge project. The new site is contiguous to commercial and residential uses. In staff's opinion, the proposed project will be compatible to the surrounding commercial area and an appropriate use of a vacant site. B. Site Plan and Business Operation: The proposed location of the boat sales building is setback approximately 75 feet from Taylor Road. The building will be constructed of a metal frame and all materials used will be flood resistant. The required venting of one square inch per square foot of floor space will be incorporated in the construction of the building. The proposed sign will be on the front of the building in red illuminating lettering four feet high by twenty feet S-8 wide. All electrical and mechanical systems will be elevated above the flood plain. All noise related work will be done inside the building. The applicant is proposing to landscape the property to help buffer the building site from the neighboring residences to the south and commercial uses to the east. In addition, the applicant has agreed to install perimeter cyclone fencing with inserted green plastic slates or a fast growing vine to help screen the facility and all storage area from the surrounding property owners. New sources of light would illuminate from the eventual development. The distance of the new building location will be 200 feet+/- from the surrounding area and therefore, illumination would be considered minimal. The applicant proposes six high pressure sodium— 150 watt lights on solar switch timers to be installed within the proposed development. All lights shall be designed so they shine only on the subject site. During the high season, March through August, the number of employees totals five. During the winter months the number of employees is reduced to three. The facility is closed on Mondays. Only the sales operation is open on Sundays from 12:00 P. M. to 5:00 P.M. In high season, business days and hours are Tuesday through Saturday from 8:00 A.M. to 5:00 P.M. During the off season, the facility is closed Sundays and Mondays. The applicant is proposing to remove 40 Creek Willow trees with circumference of breast height at least 20 inches. The following calculation is used for a replacement figure: 40 X 20 = 800 divide by 6 = 133 trees to be replaced. Therefore, the applicant is to replace the loss of trees by 133 native species. C. General Plan/Zoning Compliance: The property is designated Commercial (CO) in the County General Plan. The applicant is proposing a rezoning from Water Recreational/Combining District (F-1/ FH) to General Commercial/Combining District (C/FH)-which will bring the property into conformance with the General Plan Commercial designation. The surrounding property to the north, east and south is designated Commercial, with adjacent property to the north and northwest designated Single Family Residential Low and High. XI. CONCLUSION The proposed boat sales center is a consistent use for the style of living on Bethel Island. The residents in Bethel Island enjoy a wide range of water recreational uses. Staff observed during a field visit the existing residences to the south are located along the water with individual boat docks. Water recreational uses are considered a primary activity and source of income for merchants on the island. Therefore, the Pacific Boat Sales Center move to this site would help to avoid the loss of an important asset to the community at large. Staff has concluded that County File #RZ083201a request to rezone Assessor Parcel Number 031-040-005 in the Bethel Island area from (FI/FH) Water Recreational- Combining District (C/FH) General Commercial Combining District is appropriate for S-9 Combining.District (C/FH) General Commercial Combining District is appropriate for the area and recommends that the East County Planning Commission adopt a motion recommending that the Board of Supervisors adopt the rezoning; to approve County File #DP083015 to allow boat and vehicle sales, service and storage operation for boats, RV's and vehicles with a proposed 6,000 sq. ft. building. S-10 PERTINENT CORRESPONDENCE October 2, 2008 Chair Walter MacVittie `{ i�' �3 '1 12: 39 Vice-Chair Edmond-Stevenson Commissioners Philip Day Jack Hanna �e`tLvr ;FPll ' Anthony Pigati East County Regional Planning Commission c/o Rose Marie Pietras Department of Conservation and Development Community Development Division Contra Costa County 651 Pine Street,North Wing, 4t'Floor Martinez, CA 94553 NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A PROPOSED MITIGATED NEGATIVE DECLARATION County File#RZ08-3021/DP08-3015/LP08-2010 In response to your notification of the proposed re-zoning of the subject property from Water Recreational Flood Hazard Combining District (F-1/FH District)to General Commercial/Flood Hazard Combining District (C/FH District),we wish to register our objection to this re-zoning for the following reasons: County File#RZ083201: This piece of property is located at the beginning of a narrow two-lane road that is in constant use by the property owners and various commercial trucks that are delivering goods to the marinas located on the waterside of Taylor Road and to the property owners. There is a continuous flow of traffic from 4:00 A.M. to late evening. Vehicle accidents are a common occurrence on Taylor Road due to the unsafe driving practices by many individuals. In recent months there have been two major property fires on the road, and many different emergency vehicles were involved. With people entering and leaving this proposed project, who are unfamiliar with the area, this could create a major traffic hazard in time of an emergency. This property is located on a curve in the road with a restricted view of oncoming traffic, and there is a major possibility of an accident occurring with cars, boats and RV's entering or leaving this property onto Taylor Road. County File#DP083015: We also object to the development plan to allow boat and vehicle sales, service and storage operation for boats, RV's and vehicles on property located on a lot that fronts on a mainly residential road that is intended for property owners. A business of this magnitude should be located in the main business area of Bethel Island where there is a road(Bethel Island Road)that is sufficiently large enough for the RV's and trailed boats to enter and leave and turn around if necessary without compromising the safety of those using Taylor Road. If individuals unfamiliar with the area turn the wrong way when leaving this property, there is no place for them to turn around without causing a major traffic problem due to the narrow width of the road and the fact that it is a dead end road. ADDITIONAL CONCERNS WHICH NEED TO BE ADDRESSED PRIOR TO APPROVAL OF PROPOSED MITIGATED NEGATIVE DECLARATION - Is there any guarantee that Mr. Matthew Toly will retain the entire 8.7 acre - parcel for his sole use? - Will he be able to either lease or sell part of this parcel to another individual - for another business? - Will he be allowed to add more commercial uses of his own? - Will there be a written provision to require some type of enclosure surrounding - this property to protect the residents on Taylor Road from viewing this property? - What are the environmental consequences of this business regarding Flooding of property(which has occurred several times with no buildings located on the property) Air quality—fumes from repair service Seepage of gasoline, oil, cleaning compounds, etc. into ground water - Will unsightly rows of used boats and RV.'s in various stages of disrepair be - allowed? . James and Letta Thomas P.O. Box 401 2850 Taylor Road Bethel Island, CA 94511 October 2, 2008 Chair Walter MacVittie i;; }JC i a P tl 12: 3. Vice-Chair Edmond Stevenson Commissioners Philip Day ; il; "! i Gi�tRrTl�P1 Jack Hanna {','I C't��lOrt ENT Anthony Pigati East County Regional Planning Commission c/o Rose Marie Pietras Department of Conservation and Development Community Development Division Contra Costa County 651 Pine Street, North Wing, 4`h Floor Martinez, CA 94553 NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A PROPOSED MITIGATED NEGATIVE DECLARATION County File#RZ08-3021/DP08-3015/LP08-2010 In response to your notification of the proposed re-zoning-of the subject property from Water Recreational Flood Hazard Combining District (F-1/FH District) to General Commercial/Flood Hazard Combining District (C/FH District), we wish to register our objection to this re-zoning for the following reasons: County File #RZ083201: This piece of property is located at the beginning of a narrow two-lane road that is in constant use by the property owners and various commercial trucks that are delivering goods to the marinas located on the waterside of Taylor Road and to the property owners. There is a continuous flow of traffic from 4:00 A.M. to late evening. Vehicle accidents are a common occurrence on Taylor Road due to the unsafe driving practices by many individuals. In recent months there have been two major property fires on the road, and many different emergency vehicles were involved. With people entering and leaving this proposed project,who are unfamiliar with the area, this could create a major traffic hazard in time of an emergency. /a s This property is located on a curve in the road with a restricted view of oncoming traffic, and there is a major possibility of an accident occurring with cars, boats and RV's entering or leaving this property onto Taylor Road. County File#DP083015: . We also object to the development plan to allow boat and vehicle sales, service and storage operation for boats, RV's and vehicles on property located on a lot that fronts on a mainly residential road that is intended for property owners. A business of this magnitude should be located in the main business area of Bethel Island where there is a road (Bethel Island Road)that is sufficiently large enough for the RV's and trailed boats to enter and leave and turn around if necessary without compromising the safety of those using Taylor Road. If individuals unfamiliar with the area turn the wrong way when leaving this property, there is no place for them to turn around without causing a major traffic problem due to the narrow width of the road and the fact that it is a dead end road. ADDITIONAL CONCERNS WHICH NEED TO BE ADDRESSED PRIOR TO APPROVAL OF PROPOSED MITIGATED NEGATIVE DECLARATION - Is there any guarantee that Mr. Matthew Toly will retain the entire 8.7 acre - parcel for his sole use? - Will he be able to either lease or sell part of this parcel to another individual - for another business? - Will he be allowed to add more commercial uses of his own?' - Will there be a written provision to require some type of enclosure surrounding - this property to protect the residents on Taylor Road from viewing this property? - What are the environmental consequences of this business regarding Flooding of property(which has occurred several times with no buildings located on the property) Air quality—fumes from repair service Seepage of gasoline, oil, cleaning compounds, etc. into ground water - Will unsightly rows of used boats and RV.'s in various stages of disrepair be - allowed? kRnth and Monte Hill (Mailing Address) 25 Lakewood Drive Daly City, CA 94015 2860 Taylor Road Bethel Island, CA 94511 CEQA DOCUMENTS • NOTICE OF INTENT • COPY OF PUBLICATION OF NOTICE OF INTENT IN EAST COUNTY TIMES • INITIAL STUDY • LETTER FROM APPLICANT AGREEING TO MITIGATION MEASURES • MITIGATION MONITORING PROGRAM ment of Contra Dennis M. Barry,AICP ot Interim Director (servation & COS�^� atherine Kutsuris Development CountPerimMire o tl Community Development Division s: , r County Administration Building 04 2008 SER 651 Pine Street s , Fourth Floor Fw�" S.L. WEIR, COUNTY CLERK North Wing, _ CON CO A C Martinez, CA 94553-1229 CUUN� BY EpU Phone: (925) 335-1210 DATE: Septembe ' 0 "' " NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A PROPOSED MITIGATED NEGATIVE DECLARATION County File #RZ08-3021/DP08-3015/LP08-2010 'Pursuant to the State of California Public Resources Code and the"Guidelines for Implementation of the California Environmental Quality Act of 1970" as amended to date, this is to advise you that the Community Development Department of Contra Costa County has prepared an initial study on the following project: MATTHEW TOLY—PACIFIC BOAT CENTER (Applicant & Owner) A. County File#RZ083201: Matthew Toly—Pacific Boat Center(Applicant&Owner): The applicant requests approval to rezone the subject property from Water Recreational Flood Hazard Combining District(F- 1/FH District)to General Commercial/Flood Hazard Combining District(C/FH District.) B. County.file#DP083015: Matthew Toly—Pacific Boat Center(Applicant&Owner): The applicant request approval of a development plan to allow boat and vehicle sales,service and storage operation for boats, RV's and vehicles with a`proposed 6,000 sq. ft.building. The applicant also is proposing a sideyard variance by locating the parking lot area approximately 5 feet within an unimproved private access easement (5 foot sideyard required). A descriptive 8.7 acre parcel fronting approximately a distance of 1000 feet on the north side of Taylor road approximately;230 feet west of Bethel Island Road. (F-1/F-H) (ZA: F-27) (CT: 3010) APN (031-040-005) The proposed development will not result in any significant impacts. A copy of the negative declaration and all documents referenced in the negative declaration may be reviewed in the offices of the Department of Conservation and Development, and Application and Permit Center at the McBrien Administration Building,North Wing,Second Floor,651 Pine Street, Martinez, during normal business hours. Public Comment Period -The period for accepting comments on the adequacy of the environmental documents extends to 5:00 P.M., October 6, 2008. Any comments should be in writing and submitted to the following address: f e, .East County Times Legal No. 0002938898 1700 Cavallo Road Antioch, CA 94509 (925) 779-7115 CCC Community Development Attn:Marie Woods651 Pine St.,4th FI.,No.Wing Martinez CA 94553-1275 PROOF OF PUBLICATION FILE NO. RZO83021 In the matter of I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the East County Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598 And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of January 6, 1919. Case Number 8268. The notice, of which the annexed is a printed copy(set in type not small than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 9/18/2008 I certify (or declare)under the penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 18 day of September, 2008 Signature Ad Content Is EPS Creator: MactiveEPSImporter Title: 0002938898VOl CreationDate: 2008-09-16 16 :04 :01 -0700 BoundingBox: 0 0 394 360 DocumentProcessColors: Black NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A PROPOSED MITIGA-TED NEGATIVEDIECILARATION County File 41FIZ08-3021IDP08.3015ILPOS-20110 PLUsuaN to Me vice or Cdarka Pudic Hescuices Con aw Me '2tudennus bi Implemnamon of Q HUMBE M=Www! cowdy Q! of `L'70' arz ata nd_--r:' lo dais. ink IV Li a J-jiEe 'P,)u Thai 1;',ze ":cIrimaluity L1ii�ti4i('-prIii-!l D2p];Lrv7lal W 0011LInWILK 1001-1111y hila peaMM WMloicmrig PIWYC: NIA11HE :)Le -FAl JFl G BOA i O'HN'I ER A'pplz airl& t)"Vller A. Kamr File ORZ011141n;Namhow My- Facill, Ham Answ jApp!UM Ownry Th a lolic.am Taq!:*ns appiwal in wone inn salRa p_optF;tv trcrn ?,"aw Aa?arc:Z_pw,�hrmq Ds:r!= lien iQ alto-nnmi aad valme sawn,xrvice nVs. and YeKleswnh std r,amcv=.r_qnci�e �ociljnp,mg p4iixij ip-ei ritinin in pa .qccpss:e-.qRe-n'Fzj(5 loci she"Mmmed'k, qppr,-xximaz4, ',,fi ien-pt wrtsj r; --eihIO islaIn d Flind F :7t f-f.a '_K)l[ij f.IarcEe Manew C vviR imur,io 4oij irzao-tv, A ccm of no ilvqjlPb dz::Nrtil ni I mid aq documalm o) 17,B rlWga!E;C_ WMA wilwKwes"'.1 IN; CI _.:__ arid alic Fe nal it !he Mmwsl ��Srien Ac:ri-cnon Hildrrlg. Mo;lll QW. se=v"d peon, PZIEe MRInIlyr, jtlalr..' Itc;I;Ial I FUH,I.; Fell •d -1110 YOW ki ccmn,,�,nls an Me oJeciap L)l flie exjrricn ID E' vmevialdi ig:.rjd wjl:-vniu_,J%)lhe INko,im, Nxnp:Pns=h1a,ie Pievas Divi5i;m Cc;eI:a Cc5t.,*. Ccovrily 651 I'm Satan 1410111 My 010 FIJCs Mamnu,CA P55 is arlovaiRd ma, me niry"n.] lippiadv; EnAmmkiwIl he zomWdwed K adwdon af a iernraw;e welsim a: le Mo, Ccvily Katr:wig :xmmisVicn on Clclixtez 12. 2008 a!7:100 Phi. Un huany Is amholed a be hoW a! We AN och CRY 9mmil C-,;Hrzb�i' llm"' dild H" is 0XPWIed Mal WE LEJE'? D'11.1111y lj[Dnai��;larlrimu Cc'nmibs4ur; VAll =ho a llcalwg c!the al car asme UWAQ, East countyTimas P293389:3 Sqlat9mber Ad Sizing Information: EPS: 6 Col x 5 .00" (5.47" x 5.00") AD: 5 Col x 5 . 00" (5 .46" x 5 .00") WARNING: EPS size differs from AD size Environmental Checklist Form 1. Project Title: Proposed Relocation of Pacific Boat Center RZ083021/DP083015 2. Lead Agency Name and Address: Contra Costa County Department of Conservation and Development roiet a,cd.cccounty.us Martinez, CA 94553 3. Contact Person and Phone Number: Rose Marie Pietras, Senior Planner, (925) 335-1216 4. Project Location: A descriptive parcel fronting approximately a distance of 1000 feet on the north side of Taylor Road approximately 230 feet west of Bethel Island Road. 5. Project Sponsors Name and Address Mathew Toly Pacific Boat Center P.O. Box 1624 Bethel Island, CA 94511 6. General Plan Designation: Commercial (CO) 7. Zoning: Existing Water Recreational/Flood Hazard Combining District(F-1/FH Zoning District) Proposed Zoning is General Commercial/Flood Hazard Combining District(C/FH Zoning District) 8. Description of Project: 1. County File #RZ083201: Matthew Toly — Pacific Boat Center (Applicant & Owner): The applicant requests approval to rezone the subject property from Water Recreational Flood Hazard Combining District (F-1/FH District)to General Commercial/Flood Hazard Combining District(C/FH District.) 2. County File #DP083015: Matthew Toly — Pacific Boat Center (Applicant & Owner):, The applicant request approval of a development plan to allow boat and vehicle sales, service and storage operation for boats, RV's and vehicles with a proposed 6,000 sq. ft.building. The applicant is proposing a sideyard variance by locating the parking lot area approximately 5 feet within an unimproved private access easement (5 foot sideyard required). 9. Surrounding Land Uses and Setting: The proposed site for relocation is a 8.68 acre parcel mostly vacant with a neighboring tenant, West Coast Towers, located at the far north east comer. The surrounding area consists of single family residential units and commercial uses. 10. Other public agencies whose approval California Department of Fish and Game,U.S.Army Corps (e.g., permits, financing approval, or Engineers, California Historical Resources Information participation agreement): Center ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a 'Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use and Planning _ Transportation/ _ Public Services Population & Housing Circulation _ Utilities & Service x Geological Problems _ Biological Resources Systems Water _ Energy&Mineral _ Aesthetics Air Quality Resources _ Cultural Resources Mandatory Findings of _ Hazards _ Recreation Significance _ Noise _ No Significant Impacts Identified DETERMINATION On the basis of this initial evaluation: I 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 the mitigation measures described on an attached sheet have been added to the project. 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 significant effect(s)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, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." 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, there WILL NOT be a significant effect in this case because all potentially significant effects(a)have been analyzed adequately in an earlier EIR pursuant to applicable standards and(b)have been avoided or 3 mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature Date � r� T� ►ne4 CCC Dmartment of Conservation and Development Printed Name For 4 SOURCES In the process of preparing the Checklist and conducting the evaluation,the following references(which are available for review at the Contra Costa County Community Development Department, 651 Pine Street 5th Floor-North Wing, Martinez)were consulted: 1. Contra Costa Resource Mapping System—Jersey Island Quad Sheet Panels 2. (Reconsolidated) County General Plan (July 1996) and EIR on the General Plan (January 1991). 3. General Plan and Zoning Maps 4. Contra Costa County Code,including zoning and subdivision ordinances and the State Planning and Zoning Law, Subdivision Map Act and California Environmental Quality Act 5. Agency Comments 6. Field Review—July 14, 2008 7. Tree Assessment prepared by Dustin Waraner, certified Arborist#WE7372A dated May 16, 2008. 8. _. Darwin Myers Associates Review dated August 25, 2008. 9. . Cultural Resources Study prepared by Miley Holman &Associates dated August 29, 2008. EVALUATION OF ENVIRONMENTAL IMPACTS: I. AESTHETICS. Would theproposal: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Have a substantial adverse effect on a scenic vista? Sources 1, 2, 3, 5 & 6 X b. Substantially damage scenic resources, including but not limited to: trees, rock outcroppings, and historic buildings within a X state scenic highway? Sources 1,2,3,5, 6&7 C. Substantially degrade the existing visual character, or quality of the site and its X surroundings? Sources 1, 2, 3 &6 Twh te a new source of substantial light or glare h would adversely affect day or nighttime X s in the area? Sources 1, 2, 3 &6 SUMMARY: Less than significant. a) The site is located in the Bethel Island area of the County fronting approximately a distance of 1000 feet on the north side of Taylor Road approximately 230 feet west of Bethel Island Road. The vast majority of the site is vacant with a neighboring tenant,West Coast Towers located at the far northeast corner. Staff has made a field visit on July 14, 2008. The applicant is requesting a rezoning from F-1/FH Flood Hazard Combining District to C/FH Flood Hazard Combining District(General Commercial),a land use and development plan permit to relocate the Pacific Boat Center a retail business that sells new and used boats and vehicles which includes a service center and storage for boats,vehicles and RV's. The relocation is due to the Bethel Island Bridge project. b) The site is located in Bethel Island area. The applicant is proposing to remove a grove of creek willow trees. These trees grow in high water table and not considered native species. 4 I � 5 c) The visual character of the site would change with the construction of the building. Upon staffs field visit the subject site was observe as a vacant parcel with some creek willow trees located in the building envelop of the sales center. The applicant is proposing to remove these trees. The applicant also is proposing a sideyard variance by locating the parking lot area approximately 5 feet within an unimproved private access easement(5 foot sideyard required). The proposed location of the boat sales building is in close proximity to Taylor Road. The applicant is proposing to landscape the property to help buffer the building site from the neighboring residences. In addition, the applicant has agreed to install perimeter cyclone fencing with inserted green plastic slates or a fast growing vine to help screen the facility and all storage area on the west side from the surrounding area. d) New glare would be introduced in the area. The proposed building will be used solely for the sales of new and used boats,vehicles and parts storage. New sources of light would illuminate from eventual development. The distance of the new building location will be 100 feet+/-from the surrounding area and therefore glare would be considered minimal. The applicant proposes six high pressure sodium 150 watt lights on solar switch timers to be installed within the proposed development. All lights shall be designed so that lights shine on subject site only. Il. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model(1997)prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural and farmland. Would the project: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated . Impact Im act a. Convert Prime Farmland,Unique Farmland,of Farmland of Statewide Importance(Farmland), as shown on the maps prepared pursuant to the X Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? Sources 1, 2, 3 &6 b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? Sources 1, X 2, 3 & 6 C. Involve other changes in the existing environment which, due to their location or nature,could result in conversion of Farmland, X to non-agricultural use? Sources 1, 2, 3 & 6 SUMMARY: No impact a,b&c) The site is located in an area designated Farmland of Local Importance on the Contra Costa County Important Farmland 2000 Map. The property is designated Commercial in the County General Plan. Proposed changes in the existing environment would result from the proposed relocation of the Pacific Boat Center. I • 1 6 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 theproject: Potentially Significant PotentiallyUnless Less Than Significant Mitigation Significant No Impact Incorporated Impact Im act a. Conflict with or obstruct implementation of the applicable air quality plan? Sources 1, 2, 3, & X 6 b. Violate any air quality standard or contribute to an existing or projected air quality violation? X Sources 1, 2, 3, &6 C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality X standard(including releasing emissions which exceed quantitative thresholds for ozone precursors)? Sources 1, 2, 3, & 6 d. Expose sensitive receptors to substantial X pollutant concentrations? Sources 1,2, 3, &6 e. Create objectionable odors affecting a substantial number of people? Sources 1, 2,3, X &6 SUMMARY: Less than significant. a) According to an email date August 14, 2008 to Matthew Toly (Applicant & Owner) from Duncan Campbell of the Bay Area Air Quality Management District,`Sites which uses less than 30 gallons of coating per 12 month period do not require a Permit to Operate (P/O) from Bay Area Air Quality Management District(BAAQMD). This is so stated by Regulation 2,Rule 1, . Section 119,paragraph 2.1. If the site uses more than 30 gallons of coating per year,typically the coating of marine vessels falls under the jurisdiction of Regulation 8,Rule 45. However,if only a 1 gallon containers are purchased for coating, the applicant is exempt from the requirements of Regulation 8-43 and default to the requirements of Reg. 8-4. However,even if the applicant is exempt from requiring a Permit to Operate per Regulation 2-1-119.2.1, the applicant should still maintain coating logs/records to prove to any interested party that you do not require a P/O. The applicant has informed the County that on a good year he may paint 8 boats and not purchase more than 25 gallons of paint. b) The proposal would not violate air quality standards or contribute to existing air quality violations. See comments in III. a. c) The region is currently in non-attainment for ozone and fine particulate matter(PM 10). d) Implementation of the project would lead to a slight increase in ozone and ozone precursors,as they are primarily the result of the automobile emissions and development of the facility would lead to slight increased automobile use for maintenance purposes. The area is a 8.68 acre parcel mostly vacant with a neighboring tenant an application for a cell site by West Coast Towers, located at the far north east comer. Most of the surrounding area consists of single family residential units and other commercial uses that are not inherent producers of PM10 pollution. Construction activities could cause a temporary increase in ambient levels of PM10. In addition, there could also be a temporary increase from dust and fine particulates commonly associated with earth movement and construction. In staff's opinion the construction and grading that causes the PM 10 emissions are minimal since the development requires minimal construction and grading. However,the project will be conditioned to require that measures be taken to further reduce these emissions during that time. There will be no change to grading or improvements other then the construction of the boat center with some landscaping. Conditions of approval will be included, but may not be limited to, watering the site multiple times daily, sweeping and collecting loose particles on-site and requiring that dump trucks be covered when hauling loose materials. The Building Inspection Department, Grading Division,will also enforce measures to reduce particulate pollution. e) No sensitive receptors are located near the site. f) Construction of the boat center building would produce no objectionable odors. IV. BIOLOGICAL RESOURCES: Would the project: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Have a substantial adverse effect,either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, X policies, or regulations, or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? Sources 1, 2, 3, 5 & 6 b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, X policies, or regulations; or by the California Department of Fish and Game or US Fish and Wildlife Service? Sources 1, 2, 3 5 & 6 C. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of X the Clean Water Act(including,but not limited 8 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological inter- ruption,or other means? Sources 1,2,3,5&6 d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or X migratory wildlife corridors,or impede the use of native wildlife nursery sites? Sources 1, 2, 3, 5 & 6 e. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? Sources 1,2, X 3, 5, 6 & 7 f. Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation Plan, or other approved local, X regional, or state habitat conservation plan? Sources 1, 2, 3, 5 & 6 SUMMARY: Less than significant. a) The establishment of the boat sales steel building would not result in significant adverse effects on special-status plant species. b) The establishment of a boat sales steel building would not result in significant adverse effects on riparian habitat or other sensitive natural community. C) No wetlands exist on the site; therefore no substantial adverse effect on federally protected wetlands would occur by the establishment of the proposed project. d) The proposed boat sales building would not interfere with the migration of native fish or wildlife. The project site is comparatively small and is surrounded by residences and commercial. The subject site does represent a significant wildlife corridor. The proposed project would not significantly impact wildlife movement in the region. e) The proposal does not conflict with policies or ordinances protecting biological resources. Although the trees are mature, the species is not native. Staff had a phone conversation on August 21, 2008 with the applicant's arborist, Dustin Waraner of Waraner Tree Experts,who prepared the submitted Tree Assessment dated May 16, 2008. The arborist informed staff that the trees sited on the site plan are creek willows. This species of tree grows in high water table areas and not considered native species.They also tend to have shallow root system. The grove of trees are in the way of development and therefore have been earmarked for removal. f) The County does not have an approved Habitat Conservation Plan or Natural Conservation Plan in this area. 9 V. CULTURAL RESOURCES: Would the project: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Cause a substantial adverse change in the significance of a historical resource as defined X in §15064.5? Sources 1, 2, 3, 5, &6 b. Cause a substantial adverse change in the significance of an archaeological resource X pursuant to §15064.5? Sources 1, 2, 3, 5, & 6 C. Directly or indirectly destroy a unique paleontological resource or site or unique X geologic feature? Source 1, 2, 3, 5, & 6 d. Disturb any human remains, including those interred outside of formal cemeteries? Sources X 1, 2, 3, 5, & 6. SUMMARY: No Impact a-d) A copy of this application was forwarded on August 25, 2008 to the California Historic Resources Information System(CHRIS) for comments. Comments were received on August 26, 2008 concluding that the area has the possibility of containing unrecorded archaeological site(s),given the proximity of two prehistoric-period village sites,both of which contain human remains, and the similarity of environmental settings of all three areas. A Cultural Resources Study was prepared by Miley Holman &Associates dated August 29, 2008 in response to the request of the California Historic Resources Information System. According to the study: "No evidence of prehistoric archaeological deposit or modification of the ground was seen anywhere inside the project borders. It is the opinion of this author that development of the area for a new boat yard will have no effect on prehistoric cultural resources. Since this area does not contain any of the dune build up seen to the east, none of it would have been habitable in prehistoric times,when it would have flooded on a regular basis. Because of the lack of former dry ground in prehistoric times,this report does not recommend archaeological monitoring of future construction related earthmoving activities and does not recommend that a program of mechanical subsurface presence/absence testing be conducted inside the project borders." VI. GEOLOGY AND SOILS: Would the project: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Expose people or structures to potential substantial adverse effects,including the risk of loss, injury, or death involving: 10 Potentially • Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Inco orated Impact Impact 1: Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or X based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Sources 1, 2, 3 & 8 2. Stron seismic ground shaking? X 3. Seismic-related ground failure, including X liquefaction? Sources 1, 2, 3 & 8 4. Landslides? Sources 1, 2, 3 & 8 X b. Result in substantial soil erosion or the loss of X topsoil? Sources 1, 2, 3 & 8 C. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in X on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Sources 1, 2, 3 & 8 d. Be located on expansive soil, as defined in Table 1 8-1-B of the Uniform Building Code X (1994), creating substantial risks to life or property? Sources 1, 2, 3 & 8 e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems where sewers are not available X for the disposal of waster water? Sources 1,2, 3 & 8 SUMMARY: Less than significant with mitigation incorporated.. a) 1. The nearest fault considered active by the California Geological Survey(formerly California Division of Mines&Geology)is the Greenville fault. The Greenville fault Alquist-Priolo Earthquake Fault Zone passes approximately 15 miles southwest of the site. a) 2. According to the Safety Element (p. 10-13) the site is in an area rated "highest damage susceptibility". The risk of structural damage from ground shaking is regulated by the building codes and County Grading Ordinance. The 2007 California Building Code requires use of seismic parameters which allow the structural engineering analysis for buildings to be based on soil profile types. Compliance with building and grading regulations can be expected to keep risks within generally accepted limits. 11 a) 3. According to the Safety Element (p. 10-15), the site is rated "generally high" liquefaction potential. Mapping of the U.S. Geological Survey(Nilsen, 1975)described the alluvial deposits on the southwest portion of Bethel Island as alluvial and deltaic deposits of Holocene age(Qal-Qd),which are underlain by dune sands of early Holocene-Late Pleistocene age at depth(Qs).U.S Geological Survey describes the dune sands as fine-grained, well sorted,and well drained eolian deposits that include sand hills which display Barchan morphology; the sands are inferred to have been deposits from 6 to 71 thousand years before present (Helley and Graymer, 1998). Subsurface data gathered for land development projects throughout the Bethel Island-Holland Tract area suggest that the upper 10 feet of the dune sand soils are loose-to-medium-dense sands, and the water table is approximately 5 to 8 feet below the surface. These loose sands,where present,have been confirmed to have a high liquefaction potential. a)4. A.With regard to landslides,no slides are shown on published maps(Nilsen, 1975),and the Soil Survey of Contra Costa County(1977) indicates that the erosion hazard is low. b) A SWPPP and Erosion Control Plan are a routine requirement of projects that result in disturbance of 10,000 sq. ft. or more. The SWPPP identifies the "best management practices" that are most appropriate for the site, and the"Erosion Control Plan,"which is required for the grading permit, provides the details of the erosion control measures to be applied-on the site and maintained . throughout the winter rainy season. c) Review of the existing geologic data indicates there is no landslide hazard.There is an unknown,but potentially significant risk, that the site is underlain by soils that are subject to liquefaction. The hazard posed by liquefaction include ground cracking,differential settlement,and lateral movement toward a free face. d) The Soil Survey of Contra Costa County(1977)maps the site as"Piper loamy sand"(Pe).According to this report,soils on the site have a generally"low"expansion potential but the soils are rated"very highly" corrosive. Expansive soils shrink and swell as a result of moisture changes that can cause heaving and cracking of slabs-on-grade,pavements and structures founded on shallow foundations. Corrosive soils can result in damage to concrete foundations that are in contact with the ground and steel, unless specific design measures are included in the geotechnical report. e) The project is expected to be served by sanitary sewers. IMPACTS &MITIGATIONS 1. Liquefaction Impact.Based on conditions found to prevail on Bethel Island,loose to medium-dense sands can be anticipated to be approximately 10 feet thick (to a maximum of 15 feet). The geometry of liquefiable sand in the subsurface of a parcel must be accurately established by the borehole data (i.e.high liquefaction potential sands may have a relatively uniform thickness across the site,but that remains to be established by subsurface data).The hazards posed by liquefaction include a) differential settlement, b) ground cracking and c) lateral spreading failure. The design level geotechnical report that is a routine requirement of building permit applications on Bethel Island will evaluate potential geotechnical hazards and provide design standards and criteria to protect the planned improvements from significant structural damage. 12 Miti ation. At least 30 days prior to requesting construction permits, submit a design-level geotechnical report for review by the Peer Review Geologist; and review and approval of the Zoning Administrator. The required report shall a)provide sufficient subsurface data to evaluate the geometry and thickness of loose to medium dense sand; b)provides an assessment of the liquefaction potential and the associated hazards, explaining details of the methodology/parameters/assumptions used in the analysis;c)provide practical measures to control/avoid damage from liquefaction;and d)provide testing protocols to confirm that adequate mitigation has been achieve. The scope of the investigation shall include at least one boring should be extended to a depth of 40-50 feet. The report shall include specific standards and criteria for grading, drainage and foundation design, including CBC 2007 seismic design parameters. 2. Expansive and Corrosive Soils Impact. The Soil Survey of Contra Costa County indicates that soils on the site are known to be "very highly" corrosive. Mitigation. (A)Prior to issuance of building permits, chemical testing of representative building pad soils shall be submitted to determine the level of corrosion protection required for steel and concrete materials used for construction. The following measures shall be implemented where appropriate to protect against corrosion:use of sulfate-resistant concrete and use ofprotective linings to encase steel piping buried in native soils. (B) The geotechnical engineer shall a) review and approve grading, drainage and foundation plans prior to issuance of construction permits to verify that the plans incorporate the geotechnical recommendations aimed at minimizing expansive soil effects and fill settlement on structures;and b) observe construction to assure compliance with recommendations in the approved geotechnical report. VII. HAZARDS AND HAZARDOUS MATERIAL: Would the project: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Im act Im act a. Create a significant hazard to the public or the environment through the routine transport,use, X or disposal of hazardous materials? Sources 1, 2, 3, 5, 10 & 11 b. Create,a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the X release of hazardous materials into the environment? Sources 1, 2, 3, 5 &6 13 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Inco orated Impact Inn act C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or X waste within one-quarter mile of an existing or proposed school? Sources 1, 2, 3, 5 & 6 d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65862.5 and,as a X result, would it create a significant hazard to the public or the environment? Sources 1,2,3, 5 & 6 e. For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or X public use airport,would the project result in a safety hazard for people residing or working in the project area. Sources 1, 2, 3, 5 & 6 f. For a project within the vicinity of a private airstrip, would the project result in a safety X hazard for people residing or working in the project area? Sources 1, 2, 3, 5 &6 g. Impair • implementation of or physically interfere with an adopted emergency response X plan or emergency evacuation plan? Sources 1, 2, 3 &5 h. Expose people or structures to a significant risk of loss, injury or death involving wild land fires, including where wild lands are adjacent X to urbanized areas or where residences are intermixed with wild lands? Sources 1,2, 3 & 5 SUMMARY: No Impact a) There will be no routine transport, use, or disposal of hazardous materials by the proposed proj ect. b-c) The proposed project will use water based solvents used for engine oil below the hazardous materials threshold values not in reportable quantities required by Contra Costa County Health Services,Hazardous Materials Programs. The use of water based solvents below the threshold values are not considered hazardous to the public, or on proposed or existing school within a quarter mile or on the environment through upset or accident conditions involving the release of hazardous materials or emitting hazardous emissions. 14 d) In compliance with Government Code Section 65962.5 the California Department of Toxic Substances Control issued a list of hazardous waste and substances sites (Cortese List). The 2002 edition of the Cortese List no hazardous sites within the property or in close proximity. e-f) The project site is not within the vicinity of a public use airport or private airstrip. g) Implementation of the project would not interfere with an adopted emergency response plan or emergency evacuation plan. h) The site is located in an area that is designated Commercial in the County General Plan surrounded by single family residences and commercial uses within the Bethel Island area in east County. This property is mostly vacant with a grove creek willow trees within the building envelope earmarked for removal. If property interfaces with wildlands or open space areas, the Contra Costa County Fire Protection District requires a separate landscape plan for vegetation fuel modification and/or buffer zone(s)featuring fire resistive and drought tolerant varieties of landscaping is required to 'be submitted and approved by the Fire District prior to the issuance of a grading and building permits. VIII. HYDROLOGY AND WATER QUALITY: Would the project: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant, No Im act Inco orated Impact Impact a. Violate any water quality standards or waste discharge requirements? Sources 1, 2, 3, & 5 X b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production X rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been anted)? Sources 1, 2, 3, & 5 C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river,in a manner which would result in substantial X erosion or siltation on- or off-site? Sources 1, 2, 3 & 5 d. Substantially alter the existing drainage patter of the site or area, including through the alteration of the course of a stream or river, or. X substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site? Sources 1, 2, 3, & 5 ` + 15 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Im act e. Create or contribute runoff water which would exceed the capacity of existing or-planned storm water drainage Systems or provide X substantial additional sources of polluted runoff? Sources 1, 2, 3 & 5 f. Otherwise substantially degrade water quality? X Sources 1, 2, 3 & 5 g. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or X other flood hazard delineation map? Sources 1, 2, 3 & 5 h. Place within a 100-year flood hazard area structures which would impede or redirect X flood flows? Sources 1, 2, 3 &5 i. Expose people or structures to a significant risk of loss, injury or death involving flooding, X including flooding as a result of the failure of a levee or dam? Sources 1, 2, 3, & 5 j. Inundation by seiche, tsunami, or mudflow? X Sources 1, 2, 3, & 5 SUMMARY: Less than significant. Several comments were received from the Public Works Department on March 19, 2008 and July 8,2008. The project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. The applicant shall be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance(Ordinance No. 99-35) as they pertain to future construction of any structures on this property. a) The proposed project will not create or regularly dispose any waste pollutants,impacting the surrounding area. b) No water will be extracted from an underground aquifer. c) According to the Public Works Department's memo date July 8, 2008, "Division 914 of the County Ordinance Code requires all storm water entering and/or originating on this property to be collected and conveyed without diversion and within an adequate storm drainage system,to an adequate public storm drainage system which conveys the storm waters to an adequate natural watercourse. d) The applicant shall collect and convey all storm water 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 16 drainage system which conveys the storm waters to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. Section 914-6.402 of the Ordinance Code prohibits discharge of concentrated storm water runoff to roadside ditches. e) The proposed project will not alter existing drainage patterns of the site or area. - g-h) The site lies within a FEMA designated special flood hazard area- Flood Zone A—of 100 year flood zone - Panel #0175 b. The applicant is required to comply with the Flood Plain Management Ordinance and obtain a Flood Plain Permit prior to the issuance of a building permit. i) The Bethel Island levee is in need of repair. However,the proposed project will not increase the population because it is a commercial project for boat sales and storage. The surrounding population is minimal. The site is close to the nearest escape route from Bethel Island Bridge. Therefore, the risk in not significant. . j) Seiche and tsunami do not occur in this area. IX. LAND USE AND PLANNING: Would the project: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Physically divide an established community? X Sources 1, 2, 3, &4 b. Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project(including,but not limited to the general plan, specific plan, local X coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? Sources 1, 2, 3, & 4 C. Conflict with any applicable habitat conservation plan or natural community X conservationplan? Sources 1, 2, 3, &4 SUMMARY: No Impact a) The proposed project would not physically divide an established community. b) The property is designated Commercial (CO) in the County General Plan. The applicant is proposing a rezoning from F-1/ FH Combining District (Water Recreational) to C/FH Combining District(General Commercial)which will bring the property into conformance with the General Plan Commercial designation. Most of the surrounding property is designated Commercial, with adjacent property to the north and northwest designated Single Family Residential Low and High. 17 c) There is no habitat conservation plan or natural community plan in this area of Contra Costa County. X. MINERAL RESOURCES: Would theproject: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Sources X 1, 2, & 3 b. Result in the loss of availability of a locally important mineral resource recovery site X delineated on a local general plan,specific plan or other land useplan? Sources 1, 2, & 3 SUMMARY: No Impact a-b) No mineral resources were identified at the site. XI. NOISE: Would the project result in: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Int act a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or X applicable standards of other agencies? Sources 1, 2, & 3 b. Exposure of persons to or generation of excessive ground home vibration or ground X borne noise levels? Sources 1, 2 & 3 C. A substantial permanent increase in ambient noise levels in the project vicinity above levels X existing without the project? Sources 1,2,&3 d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity X above levels existing without the project? Sources 1, 2, &3 C. For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or X public use airport, would the project expose people residing or working in the project area to excessive noise levels? Sources 1, 2, &3 18 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to X excessive noise levels? Sources 1, 2 & 3 SUMMARY: No Impact a-c) The site is outside a 60dBA noise contour and the area is quiet with the exception of noises associated with regular living practices. The project site is in Contra Costa County and subject to the guidelines contained in the Noise Element of the County General Plan. The General Plan guidelines are that outdoor noise.levels in new residential development should not exceed a DNL of 60dB and an indoor noise level should not exceed a DNL of 45 db. This proposal is not residential. d) There would be a temporary increase in noise levels when the applicant completes the construction of the boat sales building. These impacts are considered less than significant due to their short duration. The project would be conditioned to require that steps be taken to reduce construction noise such as fitting engines with mufflers, limiting the hours of construction and transport of materials and machinery and locating noise producing equipment as far from surrounding residences as possible. e-f) The site is not in the vicinity of a public use airport or private airstrip and is not contained in an airport land use plan. XII. POPULATION AND HOUSING: Would the project: Potentially Significant Potentially Unless Less Than Significant Mitigation - Significant No Impact Incorporated Impact Impact a. Induce substantial population growth in an area,either directly(for example,by proposing new homes and businesses) or indirectly (for X example, through extension of roads or other infrastructure)? Sources 1, 2 &3 b. Displace substantial numbers of existing housing, necessitating the construction of X replacement housing elsewhere? Sources 1, 2 & 3 C. Displace substantial numbers of people necessitating the construction of replacement X housing elsewhere? Sources 1, 2 & 3 19 SUMMARY: No impact. a-c) The County General Plan has designated this area as Commercial. The property is located in vicinity associated with delta style living in the Bethel Island area. The site is mostly vacant sparsely vegetated with trees located within the proposed development site. In the far north east comer is a neighboring tenant, West Coast Towers. I. PUBLIC SERVICES: a. 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 Potentially ratios, response times or other perfon-nance Significant objectives for any of the public services. Potentially Unless Less Than Significant Mitigation Significant No Source 5: Impact Incorporated Impact Impact 1. Fire Protection? X 2. Police Protection? X 3. Schools? X 4. Parks? X 5. Other Public Facilities? Source 6 X SUMMARY: No impact I. a) 1. The East Contra Costa Fire Protection District currently serves the site. The East Contra Costa Fire Protection District forwarded comments on March 25, 2008. The project is regulated by codes, regulations, and ordinances administered by this Fire Protection District. The CCCFPD has identified Fire Protection Safety Standards that would apply to this project such as:building shall be protected with an automatic fire sprinkler; adequate and reliable water supply with a minimum flow of 1500 GPM; fire hydrants, access roadways with all-weather driving surfaces, access roads shall not be less than 20 feet of unobstructed width and not exceed a 16%grade,and an approved Fire Protection District turnaround. 2. The site is currently served by the Contra Costa County Sheriff's Department. There will be no additional increase in demand for police services. Therefore,no new facilities would be required for additional community need. 3. The site is served by the Oakley Unified School District. The School District was not noticed and therefore, no comments were received. No facilities would be constructed according to community need. 20 4. The subject site will be served by the Ironhouse Sanitary District. This was verified by phone conversation on September 3, 2008 by staff. No new facilities would be required as a direct result of this development plan. Therefore,no new facilities would be constructed according to community,peed (see "Recreation"below). XIV. RECREATION: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial X physical deterioration of the facility would occur or be accelerated? Sources 1, 2 & 3 b. Does the project include recreational-facilities or require the construction or expansion of recreational facilities which might have an X adverse physical effect on the environment? Sources 1, 2 & 3 SUMMARY: No Impact. a) The proposal would not result in an increase in demand for parks and recreational facilities. b) There is no proposal to expand existing facilities. XV. TRANSPORTATION/TRAFFIC: Would the project: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of X vehicle trips, the volume to capacity ratio on roads,or congestion at intersections)? Sources 1, 2, 3,4 & 5 b. Exceed, either individually or cumulatively_a level of service standard established by the county congestion management agency for X designated roads or highways? Sources 1,2,3, 4 & 5 C. Result in a change in air traffic patterns, including either an increase in traffic levels or a X change in location that results in substantial safety risks? Sources 1, 2, 3, 4 & 5 71 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm X equipment)? Sources 1, 2, 3, 4 & 5 e. Result in inadequate emergency access? Sources 1, 2, 3,4 & 5 X f. Result in inadequate parking capacity? Sources X 1, 2, 3, 4 & 5 g. Conflict with adopted policies, plans or programs supporting alternative transportation X (e.g., bus turnouts, bicycle racks)? Sources 1, 2, 3, 4, & 5 SUMMARY: No Impact a-b) The Public Works Department (PWD) were forwarded the application on February 22, 2008 and comments were received on March 19,2008 and July 8,2008 with conditions of approval. Accordingly,the subject site fronts Taylor Road,public road,along the southerly boundary,and Cottage Lane, a private road,along the northerly boundary. The ultimate plan for Taylor Road is a 40 foot wide paved roadway within a 60 foot wide right of way. The applicant indicates that Taylor Road is approximately 22 feet wide. The applicant should be required to improve Taylor Road to a 20 foot wide half-width along the project frontage. However,considering the location and rural nature of Bethel Island,the applicant may enter into a Deferred Improvement Agreement (DIA) for roadway improvements on Taylor Road in lieu of constructing these improvements at this time. It appears that the current right of way width of 60 feet for Taylor Road is adequate,however, additional offers of dedication shall be required due to the existing angle points in the right of way. Portions of the roadway do not appear to be contained completely within the boundaries of existing right of way where there are horizontal curves in the roadway located along the project's frontage. Additional offers of dedication at these curves shall be required. c) Air traffic patterns would not be affected. d) No hazardous design features or incompatible uses are proposed. e) The Fire District comments were received March 24,2008. f) The property consists of 8.71 acres of land. The subject site is located close to a commercial area of the Bethel Island in east County. The site has adequate space for the proposed Pacific Boat Center consisting of 6,000 square feet and the requirement of 12 parking spaces. g) The proposal does not conflict with adopted policies or programs supporting alternative transportation. 22 XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Exceed wastewater treatment,requirements of the applicable Regional Water Quality Control X Board? Sources 1, 2, 3, 4 & 5 b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities,the construction X or which could cause significant environmental effects? Sources 1, 2, 3, 4 & 5 C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which X could cause significant environmental effects? Sources 1, 2, 3, 4 & 5 d. Have .sufficient water supplies available to serve the project from existing entitlement and X resources, or are new or expanded entitlement needed? Sources 1, 2, 3, 4 &5 e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to X the provider's existing commitments? Sources 1, 2, 3, 4 & 5 f. Be served by a landfill with sufficient-permitted capacity to accommodate the project's solid X waste disposal needs? Sources 1, 2, 3, 4 &5 g. Comply with federal, state and local statutes and regulations related to solid waste? Sources X 1, 2, 3,4 & 5 SUMMARY: No Impact. a) In compliance with Provision C.3 of the County's Stormwater Management and Discharge Control Ordinance, it has been determined that this project does not require submittal of a Stormwater Control Plan(SWCP). New or redeveloped impervious surface area proposed with this application will total less than 10,000 square feet,which is the threshold for submittal of a SWCP. b) The subject property is served by the Ironhouse Sanitary District. No 30 day comments were received. Therefore, no new wastewater facilities are required by the district. C) The proposed project will not require the expansion of or result in storm water drainage facilities. 23 d) Properties in this area of Bethel Island are served by wells. Therefore,no new water service is required. e) The property lies within the service area of Ironhouse Sanitary District. Ironhouse Sanitary District was noticed on February 22, 2008; however no 30 day comments were received. f) The project would be served by a landfill facility within Contra Costa County. County landfills have capacity to serve a project of this size. g) No refuse collection is required for this type of facility. XVII. MANDATORY FINDINGS OF SIGNIFICANCE: Potentially _ Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish and wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to X 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 impacts that are individually limited, but cumulatively considerable? (Cumulatively considerable means that the incremental effects of a project X are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable futureprojects)? C. Does the project have environmental effects which will cause substantial adverse effects on X human beings, either directly or indirectly? SUMMARY: No Impact a-c) The proposed project will not have a significant impact on the environment with the incorporated mitigations set forth in the Geological Section of this document. This proposed project will not have significant cumulative impact on the environment. This project is in Bethel Island in the east county. The County General Plan has designated this property is Commercial. j PACIFIC BOAT CENTER A California Corporation Thursday, September 04, 2008 I j Rose Marie Pietras, Senior Planner Department of Conservation and Development Contra Costa County 651 Pine Street North Wing -4th floor Martinez ,CA 94553 ° Re: Mitigation Measures Rose Marie, CP In response to your letter dated today explaining that I do not need a Land Use permit to operate y ray business at the Taylor Road site, I request you withdraw my application for a land use permit. i I!accept the mitigation measures regarding liquefaction outlined in your report. Regards,. Toly J0EO �I i i II I , CA 94561 5980 Bethel Island Road, Oakley,I Y 925,584.35101 Fax: 925.775.7089 www.pwrboat.com I . � v a � o 4 W u p N A � o p -In o � �W w a 0 o U C7 > 3 •�< mr`�,.0 p in U to ` w iSr U d ygw �sl`'y X5'4, ;'°' vGi ^♦ � m R 125 vy r $ o'a t d L is aeL4 iti�� ,. d d p kbz v Y j C � orafr Try1 E r k ' � d :f lt7u o o>. t: � rtad u e > � a ° v w H{ Y ar txtaT by O w NC vi C L C O 'LS W b4 j N C A 4 d .� 4..0 Oon O '> C v5 w '> o r K x A > o Y f`1 v .G 'O .p fa y p p U *,A 5Ul�'� s ,,, v a i n ° � s•� v � y � •a o to u N o p e° .v EE O v O U yam. .0 .p. U C O Yay k sx . R "' v of w 0. 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Yhv�ry O , d e c .. u ' V• K•..:v S ee � Z � fit C o 6<o aroma z NOTIFICATION LIST APN SITUS—NB SITUS—ST SITUS—ST SITUS—ST SITUS—AP SITUS—FR SITUS—CP SITUS_ZIF 31070022 2796 TAYLOR ROAD BETHEL I: 94511 31080002 2820 TAYLOR ROAD BETHEL I: 94511 31040003 2855 COTTAGE LANE BETHEL I: 94511 31080034 2880 TAYLOR ROAD BETHEL I; 94511 31080032 SUNSET DRIVE BETHEL I: 94511 31031016 6259 BETHEL Icl ROAD BETHEL I; 94511 31031015 BETHEL I£ ROAD BETHEL I: 94511 31031014 BETHEL IlE ROAD BETHEL I: 94511 31070021 2786 TAYLOR ROAD BETHEL I: 94511 31040008 TAYLOR ROAD BETHEL I": 94511 31080037 2874 TAYLOR ROAD BETHEL I: 94511 31080021 2886 TAYLOR ROAD BETHEL I; 94511 31080022 2910 TAYLOR ROAD BETHEL I: 94511 31031006 6245 BETHEL I< ROAD BETHEL I; 94511 31031018 6235 BETHEL I: ROAD BETHEL I: 94511 31080028 TAYLOR ROAD BETHEL I£ 94511 31080036 TAYLOR ROAD BETHEL I: 94511 31040005 TAYLOR ROAD BETHEL If 94511 31070023 2800 TAYLOR ROAD BETHEL I; 94511 31091001 TAYLOR ROAD BETHEL I: 94511 31031013 6277 BETHEL I: ROAD BETHEL I: 94511 31091003 6163 BETHEL I; ROAD BETHEL I: 94511 31040004 2850 COTTAGE LANE BETHEL I£ 94511 31031017 6251 BETHEL I; ROAD BETHEL I; 94511 31080029 2850 TAYLOR ROAD BETHEL I: 94511 31080031 2866 TAYLOR ROAD BETHEL I; 94511 31080023 2926 TAYLOR ROAD BETHEL I: 94511 31022036 6301 BETHEL I: ROAD BETHEL I; 94511 31031009 31080039 2860 TAYLOR ROAD BETHEL I£ 94511 31080035 2878 TAYLOR ROAD BETHEL I: 94511 31080001 2812 TAYLOR ROAD BETHEL I: 94511 31031020 6201 BETHEL I: ROAD BETHEL I; 94511 31031019 6211 BETHEL I; ROAD BETHEL I: 94511 31091002 6171 BETHEL I£ ROAD BETHEL I; 94511 31080003 2830 TAYLOR ROAD BETHEL I; 94511 SITUS_ZIF NAME PARCEL_(NOTIF_ST NOTIF_Cl-NOTIF_ZIF NOTIF_ZIPCODE_EXT Property O AQUINO C PO BOX V BETHEL I: 94511 1988 Property OMARSHAL PO BOX 1'BETHEL I; 94511 1365 Property O PECK DAlv 1384 RUTI OAKLEY C 94561 Property O'CLEMENS 23974 MAL HAYWARC 94541 4528 Property O'BUSSELL PO BOX 2 BETHEL I: 94511 2171 Property O'KAUR PAF 4029 MEAI OAKLEY ( 94561 2714 Property O'DIEHL KIM PO BOX 3:BETHEL I: 94511 336 Property O'DUHAIME PO BOX 3:BETHEL I: 94511 336 Property O'RIEPLING PO BOX 1:BETHEL I; 94511 2537 Property O MCCAMPE6539 E CA ANAHEIM 92807 4931 Property O'ZUSPAN E PO BOX 4,BETHEL I: 94511 Property O'STROHWI PO BOX 21 BETHEL I; 94511 287 Property O HEDGECOPO BOX 61 BETHEL I: 94511 Property O'KAUR PAF PO BOX 1 BETHEL I: 94511 1147 Property O'SINGH AM PO BOX 1 BETHEL I: 94511 1147 Property O GREENW(22027 WIE BURNEY 1 96013 9653 Property O'REID JAMI PO BOX 1E BETHEL I: 94511 2668 Property O TOLY MAI PO BOX 1f BETHEL I; 94511 2624 Property O'CADY ALF PO BOX 1:BETHEL I; 94511 2397 Property O'CUYLE JAI PO BOX 2 BETHEL I: 94511 2171 Property O'HANSEN F PO BOX 3:BETHEL I: 94511 336 Property O'BETHEL I;PO BOX 2E BETHEL I: 94511 263 Property O'EKLER MP 2850 COT-BETHEL I: 94511 Property O SINGH AM PO BOX 1 BETHEL I: 94511 1147 Property Or THOMAS,PO BOX 41 BETHEL I; 94511 Property O ANDREW;PO BOX 2 BETHEL I: 94511 2138 Property O'OLSEN KP PO BOX 1(BETHEL I; 94511 1064 Property O'SIMONS R PO BOX 1'BETHEL I; 94511 1738 Property O' Property O'HILL MON'25 LAKEW DALY CIT) 94015 3460 Property O'PERKINS I PO BOX 1!BETHEL I; 94511 Property O MAY JAME PO BOX 1(BETHEL I; 94511 2614 Property O GREENW(22027 WIE BURNEY 1 96013 9653 Property O ACOSTA P 488 CHET)OAKLAND 94610 2636 Property O BETHEL I:PO BOX 2E BETHEL I,: 94511 263 Property O'HARPER F PO BOX 1,BETHEL I; 94511 31070022 31080002 31040003 AQUINO CONRAD L MARSHALL JOHN G &RUTH M PECK DAVID G&SHARI M PO BOX 1988 PO BOX 1165 1384 RUTHERFORD LN BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 OAKLEY CA 94561 31080034 31080032 31031016 CLEMENSEN THOMAS C TRE BUSSELL KENDALL KAUR PARMJIT 23974 MAUD AVE PO BOX 2171 4029 MEADOWS LN HAYWARD CA 94541 BETHEL ISLAND CA 94511 OAKLEY CA 94561 31031015 31031014 31070021 DIEHL KIMLY TRE DUHAIME GARY TRE RIEPLING MARIE PO BOX 336 PO BOX 336 PO BOX 1537 BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 31040008 31080037 31080021 MCCAMPBELL DARLENE J TRE ZUSPAN EUGENE STROHWIG EDWIN L&MARINA TRE 6539 E CAMINO VISTA#1 PO BOX 448 PO BOX 287 ANAHEIM CA 92807 BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 31080022 31031006 31031018 HEDGECOCK JERRY KAUR PARMJIT SINGH AMRIK PO BOX 607 1PO BOX 1147 PO BOX 1147 BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 . 31080028 31080036 31040005 GREENWOOD LEROY M&ELNA TRE REID JAMES L&DIANE J TOLY MATTHEW B 22027 WIDGEON CT PO BOX 1668 PO BOX 1624 BURNEY CA 96013 BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 31070023 31091001 31031013 CADY ALFRED TRE CUYLE JAMES F JR&DIANE E HANSEN HAROLD F&TUYET P.O BOX 1397 PO BOX 2171 PO BOX 336 BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 31091003 31040004 31031017 BETHEL ISLAND CHAMBER OF EKLER MARY ELLEN SINGH.AMRIK COMM 2850 COTTAGE LN PO BOX 1147 PO BOX 263 BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 .31080029 31080031 31080023 THOMAS JAMES&MARIETTA TRE ANDREWS JOHN R&NANA J OLSEN KATHLEEN M JONES PO BOX 401 PO BOX 2138 PO BOX 1064 BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 31022036 31080039 SIMONS RENA 31031009 HILL MONTE B &RUTH M TRE PO BOX 1738 0 25 LAKEWOOD DR BETHEL ISLAND CA 94511 DALY CITY CA 94015 31080035 31080001 31031020 PERKINS NELSON &RUTH MAY JAMES GREENWOOD LEROY M&ELNA TRE PO BOX 1834 PO BOX 1614 22027 WIDGEON CT BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 BURNEY CA 96013 31031019 31091002 31080003 ACOSTA AGRIPINA BETHEL ISLAND CHAMBER OF HARPER PAUL W&LEE M TRE 488 CHETWOOD ST COMM PO BOX 1473 OAKLAND CA 9461.0 PO BOX 263 BETHEL ISLAND CA 94511 BETHEL ISLAND CA 94511 R�o,Y 3a�r � Dao�3o rs East Diablo Fire Protection Building Inspection Environmental Health, Concord District 134 Oak Street Brentwood, CA 94513 P/W Flood Control P/W Engineering Services Contra Costa Fire District Interoffice Ironhouse Sanitary District P.O. Box 1105 Bethel Island MAC P/W Real Property P.O. Box 1388 450 Walnut Meadow Drive Oakley, CA 94561 Bethel Island, CA 94511 Bethel Island Municipal Improvement. Matthew Toly District Pacific Boat Center P.O. Box 244 P.O. Box 1624 Bethel Island,CA 94511 Bethel Island, CA 94511 Us ,kzo8 -.3oaIApo$-3o1,15 PHILIP DAY EDMOND STEVENSON WALTER MACVITTIE 3272 KELLOG CREEK ROAD 80 KENNETH COURT 1600 RIVERLAKE ROAD BYRON, CA 94514 BAY POINT, CA 94565 DISCOVERY BAY, CA 94514 JACK HANNA ANTHONY PIGATI MATTHEW TOLY P.O. BOX 610 1395 SUNSET ROAD PACIFIC BOAT CENTER BETHEL ISLAND, CA 94511 BRENTWOOD, CA 94513 P.O. 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