Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-466 Recorded at the request of: Contra Costs County Public Works Department Return to: Public Works Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 15, 1998,by the following vote: AYES: Supervisors Uilkema., Gerber, DeSaulnier, Canciamilla, and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 98/466 SUBJECT: Approving Amendment to Deferred Improvement Agreement along Bridgehead Road and State Highway 4 (Main Street) for LP962075 (APN 037-040-016), Oakley area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Maurice Lodge Family Trust, as required by the Conditions of Approval for LP962075. This agreement would permit the deferment of construction of permanent improvements along Bridgehead Road and State Highway 4 (Main Street) which is located in the Oakley area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. RL:LW:mw 1 hereby certify that this is a true and correct G:IGrpDatalEngSvc\BolBO 4-15-48.doc copy of an action taken and entered on the Originator: Public Warks(ES) minutes of the Board of Son upervisors on the Contact Rich Lierly(313.2348) date Shown. cc: Recorder(via Cleric)then PW Records A ESTED: d Current Planning,Community Development PHIL BA`fCHE OR, Clerk of the'Board of Supervisors and County Administrator By �, 'ea-ae. � 51, Deputy Recorded at the request of: Contra Costa County Public works Depart hent CONTRA COSTA Co Recorder's Office Return to: STEPHEN L. WEIR, County Recorder Contra Costa County Public works Ucpartrncnt ©OC _ SO-�—C)2,24a l 2---CSC) Records Section Wednesday, SEP 16, 1998 11 :21 :00 Area: Oakley FRE $0.00" Road: State Highway 4 Tt 1 Pd $0.00 Nbr--0000260824 Co.Road No.: NIA Project: LUP 2075046 1 rc /R9 APN: 037-040-016 AMENDMENT TO DEFERRED IMPROVEMENT AGREEMENT Effective Septernber 15 , 1998, this Amendment to Deferred Improvement Agreement (this "Amendment") is entered into by and between the County of Centra Costa, a political subdivision of the State of California ("County"), Atlantic Richfield Company, a Delaware corporation ("ARCO"), and Maurice A. Lodge and Geneva Lodge, Co-Trustees of the Maurice Lodge Family Trust executed on January 20, 1984. WHEREAS, effective August 17, 1976, the County and Frank P. Pollacci and Dina E. Pollacci entered into a Deferred Improvement Agreement (the "Agreement"), which was recorded on August 18, 1976, in Book 7983, Page 27,Official Records of Contra Costa County. WHEREAS, the Agreement affects the real property described in Exhibit A attached hereto (the "Property") and, upon notice from County, requires the owner of the Property to install improvements and perform other obligations, as set forth in the Agreement. WHEREAS, Trust, as the present owner of the Property, has entered into an agreement with ARCO, under the terms of which ARCO? is purchasing a portion of the property (the "ARCO Parcel") described in Exhibit B and depicted on Exhibit C attached hereto, and is developing thereon a gasoline station and convenience store pursuant to Land Use Permit No. 2075-96(the"Permit")issued by the County. WHEREAS, under conditions of approval for the Permit, ARCO! is required to install improvements pertaining to the ARCO?Parcel (the"ARCO Improvements"), as described in Exhibit D attached hereto, but the improvements pertaining to the remainder of the Property(the "Trust Improvements")as described in Exhibit E, may continue to be deferred. WHEREAS, prior to the issuance of a Building Permit for the ARCO Parcel, ARCO must install the ARCO) improvements required by the Permit No. 2075-96, or must enter into a secured agreement guaranteeing the installation of the ARCO Improvements, as authorized by the County Ordinance Code. WHEREAS, County, Trust, and ARCO wish to amend the Agreement to modify the real property and the improvements covered thereby. i NOW, THEREFORE, IT IS AREED AS FOLLOWS: 1. The Agreement is hereby released and terminated as to the ARCO Parcel, as described in Exhibit B and depicted on Exhibit C attached hereto. 2. The Agreement shall continue to apply to the Lodge Remainder Parcel, as described in Exhibit F and depicted on Exhibit G attached hereto. 3. The deferred improvements described in Exhibit B attached to the Agreement are replaced with the Trust Improvements as described by Exhibit E attached hereto. 4. Except as amended hereby, all terms and conditions of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this amendment as of the date set forth above. COUNTY OF CONTRA COSTA, a ATLANTIC RICHFIELD COMPANY, a Delaware Political subdivision of the State of California corporation By: _Tgic5aell WalforFic Wo irect By: Donald A. Davis,Assistant Vice President /�//a - L6V' By: Lzl'-411z� RECOMMENDED FOR APPROVAL Danikl J. Rolf, Assisvint Secret Co-Trustees of the Maurice A. Lodge Family Trust executed on January 20, 1984 By: eer1n ervices Division i FORM APPRO ED: By: Victor J. Westman, County Counsel aurice A. L g , Tru ee By: 1A60 LsW941P By: D�- Irr"'a /4M:' Deputy Geneva Lodge, tee ATTACH APPROPRIATE NOTARY ACKNOWLEDGMENT FORM(S)FOR ALL SIGNATURES LW:ad:mw \\PWSI\SHARDATA%GtpData\EngSvcU.orra\JWy9SUp207S-9644 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 ss. County of On , before me, ICLMm; m; 1 , at® Name and Tffle of Officer(e. . 'Ja Doe.Notary Puplif ") personally appeared .� JRn/710 Name(a)of ftrAr(a) , i personally known to me evidemee to be the personfs} whose name(s) 4/ere TAMMti L LONG subscribed to the within instrument and Commission#1193862 acknowledged to me that hef�fhefthey executed Notary Purkic-Contamic the same in 44sAwAheir authorized Oronge County capacity4ies}, and that by k.heir MyCt7,�2 signaturefsy'on the instrument the persons}, or the entity upon behalf of which the persons} acted, executed the instrument. WIT SS my hand an of l ' l seal. (7k kr Place Notary Seal Above .. Sfpna ure of NcW;5ublfc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: - r Documen Number of Pages: Signer(s)Other Than Na bove: Capacity(les) Claimed by Signer Signer's Name: D Individual Top of thumb here ® Corporate Officer—Title(s): ID Partner—n Limited D General ® Attorney in Fact © Trustee 13 Guardian or Conservator El Other: Signer is Representing: 01997 National Notary Association-9350 lie Soto Ave.,P.O.Box 2402 Chabworth,CA 91313-2402 Prod,No.5907 Reorder:Call Toll-Free 1-800.878-8827 CALIFORNIA 11 N ALL-PURPOSE t :. ACKNOWLEDGEMENT STATE OF CALIFORNIA ��++ a COUNTY OF &n�M Cd0 S ) On _ before me, n t►`Ct ru b) C. , o DATE NAM ITLE OF OFFICER• E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared, Ma ur 'c e A• Lodi ej a hf e e 6rc Hertag-e I r u 5+f!e, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hwsh / they executed the same in hisAvr/their authorized capacity(ies), and that by hWMr/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. ,� MAitGI WARGt� COMM.i 1166216 NOTARY P'un"AwORw r , 'CONTRA COSTA COUNTY 0 COMM.go.wt t� lit)_ �) (SEAL) NO79ARY PUBLIC SIGNATU OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT ?YV-n1'YK't2 1 : e'nitj :r1" oroyPYYwof T't�t(ec'-+'►'r2► DATE OF DOCUMENT NUMBER OF PAGES 2 0 SIGNER(S)OTHER THAN NAMED ABOVE RE: LUP 2475-96 EXMIT "A" (LEGAL DESCRIPTION OF THE PROPERTY) All that real property situated in the County of Contra Costa, State of California, described as follows: All of Marcel 1 and 2 designated as Lodge shown on the Record of Survey on file at the County Recorder's Office as follows: Date: June 14, 1997 Bonk: 111 Page: 8 LW:lw:mw G:iGrpData\EngSvc\Lormine\]uly 98\LP2079-96 Exhibitkdoc PARCEL QNE Commencing at the east ''/.corner of Section 21,Township 2 North,Range 2 East,Mount Diablo, Base and Meridian as evidenced by a PK nail as shown on Record of Survey R.S. 2215,Book 111 of L.S.M.at Page 8, Contra Costa County Records;thence N 00°59'29"E(N 00°59'20"E Map),271.22 feet;thence S 89°00'31"E,30.00 feet to the Point of Beginning;thence S 89° 49'37"E,227.17 feet;thence S 00°03'55"W,228.75 feet to the northerly line of Hwy 4,as shown on said R.S.2215;thence N 89°49'31"W; 121.35 feet;thence along a non-tangent curve to the right,whose center bears S 33°19'18"W with a radius of 170.00 feet,through a central angle of 11°29'03",and a length of 34.07 feet;thence N 89°49'31"W,23.85 feet;thence along a tangent curve to the right with a radius of 50.00 feet;a central angle of 90°49'00",and a length of 79.25 feet;thence N 00°59'29"E, 57.00 feet;thence along a non-tangent curve to the right whose 3 center bears N 78°3226"E,with a radius of 170.00 feet,through a central angle of 12027'03", and a Iength of 36.94 feet;thence N 00°59'29"E, 68.34 feet to the Point of Beginning. Subject to the offer of dedication contained in the document recorded in Book 7983, Official Records,page 32. Containing 1.14 acres more or less. pIES S I 551 � w it OF PAr4e oP Z F:iPROJECr,ARC0155306EX"HIBIT'A-ibtdoc PARCEL TWO LE C-7 A -e SC P-1 F`i"10 Q OF -7 H F--- ,,-,900 f'/: FCC {,,..- A non-exclusive easement for access and utility purposes over the land(the"Access Easement Area'}described as follows: Commencing at the east'!.corner of Section 21,Township 2 Forth,Range 2 East,Mount Diablo Base and Meridian as evidenced by a PK nail as shown in Record of Survey,R.S.2215,Book 11 of L.S.M.at page 8, Contra Costa County Records;thence N 00°59'29"E(N 00°59',20"E Map),271.22 feet;thence S 89°00' 31"E,30.00 feet to the POINT OF BEGINNING thence S 89°49' 37"E,227.17 feet;thence S 00°03' 55"W,228.75 feet to the northerly line of Highway 4 as shown on said R.S.2215;thence S 89°49'31 E(S 89"49'40"E Map) 30.00 feet; thence N 00°03' 55"E,258.75;thence N 890 49' 37"W 256.69 to the Easterly Line of Bridgehead Road;thence S 000 59'29"W 30.00 feet along the Easterly Right of Way of Bridgehead Road to the POINT OF BEGINNING. Together with the obligation to grade and construct the access easement area initially,and the right,but not the obligation,to maintain the access easement area. pf ESSM � z W it �Ir Clllt F C 1►L� �4 \\PETA\sYS\PROJECrARCO155300\EMBl7 B.dcc I r IN 1 I I 569'49'm 256.69' i W L 30' NIDE ACCESS do UTILITY EASEMENT I POINT of BEGINNING Ln 19'00'31 S89'49'370E 227.17' i 9.1440m 7.8090m i 61.4454m (201.59') (30.00') 1(25.58') 500`59'29"w I I 26.7578m ` 1 .. (87.79') ��,pFEBStp,�{1 i 1 t'a' N 8454 r'wi I I AREA OFFERED FOR 6-3" tv I DEDICATION PER ...,-r" 1 7983 O.R. 32 !,y 1V11. "� I AREA TO BE DEDICATED TF 6A11��Q� 1 ... I TO CONTRA COSTA COUNTY 1_ _ R181663 -S m R-170.00') L-11.260m (L-3!5.94" ) > IV7 j 0 COs 3p, 3 RAD d=18`0138 1 z R-30.50m (R-100.07') PAROL 1 L-9.5964m (L-31.49') Ny RECORD Of SURVEY I : ��, •�, 111 L.S.M. 8 1 "1 3 A-1e01,38 . �► r R-24.50rr,m� R-80.38 7�3m' TL-25.-ZV -` w..` 1.1 t ± AC. `3 Li N Z1 �� I V I +} AREA TO BE DEDICA'T'ED `xxr a TO STATE OF CALIFORNIA x A-00'30'51' s�xo�0,�� �`$ � R-6685.2134m R=19342.06') 1 ♦`J I z L-52.8945m (L=173.57') A-9fl 49`00*R-1&2402rn R-50. . r L-24A557m (L-79.26` �(► , (23.1'15 AREA OFFERED FOR DEDICATION PER 1 an 7953 O.R. 32 30.00' 0-11'29'03' �.. R-51.816m 5 69'49`31' E 9.1440m 3m P.K. NAIL L-10.3836.987m (121.3+51 EAST QUARTER CORNER R-170. SECTION 21, T.2 N.. �L-34.0 R. 2 E.. M.D.M. HIGHWAY 4 { MAIM STREET) PLAT OE ARCO PARCEL scN S DWN ���A.00 M WN 8Y: RAM ARCHITECTURE = ENGINEERING 0 ENVIRON1tE MI, SERVICES DATE: 5-8-98 1137 N. McDOWELL BLVD. PETALUMA, CA 94954 (707) 765-1660 C>fIm" lwa JOHN W. JOHNSON, ARCHITECT JAMES H. RAY, MAL ENGINEER SHEET : 1 of 1 5530DEC.DWG CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Robert H. Lee& Associates APPLICATION NO. LP962075 650 Howe Avenue, #504 Sacramento, CA 95825 ASSESSOR'S PARCEL NO. 037-040-016 OWNER: Arca Products Co. ZONING DISTRICT: H-I 4 Center Pointe Circle, 3rd Fl. La Paloma, CA 90623 APPROVED DATE: 2/9/98 EFFECTIVE DATE: 2/19/98 This matter not having been appealed within the time prescribed by law, a permit TO MODIFY CONDITION OF APPROVAL #42, RELATING TO UTILITIES UNDERGROUNDING is hereby GRANTED, subject to the attached conditions. DENNIS M. BARRY, AICD Interim Communit Development Director By: ROBERT H. DRAKE Acting Zoning Administrator Unless otherwise provided, THIS PERMIT WILL EXPIRE ONE (1) YEAR from the effective date if the use allowed by this permit is not established within that time. PLEASE NOTE THE EFFECTIVE DATE, as no further notification will be sent by this office. FX H C 5 I -l- l D ' FINDINGS AND CONDITIONS OF APPROVAL FOR LAND USE PERMI1#962075 FINDINGS A. Land Use Permit Findings: 1. The proposed conditional land use permit is not detrimental to the health, safety, and general welfare of the County. Measures to mitigate potential significant impacts of the environment have been identified (page 3 of staff report). 2. The proposed use will not adversely affect the orderly development of property within the County. The site is designated Commercial in the General Plan. The proposed project is consistent with the General Plan Designation. The proposed project will not adversely affect existing or planned commercial activities in the area. (pages I and 2 of the staff report). 3. The proposed use will not adversely affect the preservation of property values and protection of the tax base within the County. The site is located in an area with similar compatible uses (pages I and 2 of the staff report). 4. The proposed use will not adversely affect the policies and goals set by the General Plan. The proposed project will not adversely affect existing or planned commercial uses for the area (pages I and 2 of the staff report) 5. The proposed use will not create a nuisance and/or enforcement problem within the neighborhood. The Conditions of Approval #8, #9, and #10 address concerns regarding potential nuisance and/or enforcement problems related to take-out food. 6. The proposed use will not encourage marginal development within the neighborhood. The site is located within a redevelopment area, slated for Commercial, heavy Industrial and Light Industrial uses. Although the project may encourage further development of the area, it would not be marginal in nature(pages 1 and 2 of the staff report). 7. Special conditions or unique characteristics of the subject property and its location or surroundings are established. The site is located on State Route 4, near the State Route 160 interchange. This location in an ideal location for a project such as this (pages I and 2 of the staff report). (Reference Section 26.2.2008 of the Ordinance Code) 2 B. Growth Management Mement P rformanc& Standards Findings 1. Traffi - The proposed development will generate 103 a.m. Peak hour trips as documented by the traffic report prepared for the project. 2. Water-The Diablo Water District has indicated that the site lies within the District's service area and that the District is capable of serving the project. 3. Sanitarv.Sew r- The site lies within the Ironhouse Sanitation District's service area. The District will provide sewer services in Bridgehead Road. 4. Fire Pro tion-The site lies approximately two miles west of the Oakley-Knightsen Fire District Station#93 at 215 2nd Street, Oakley, CA 94561. 5. Public Protecti n-The Growth Management Element standard is 155 square feet of Sheriff facility station area per 1,000 population. The project will not generate a population increase due to the nature of the use. Additionally, the Sheriff's Office had no comments on this application. 6. Parks and Rtgreation - Due to the nature of the project, the proposed use will not have an impact on park and recreational facilities. 7. Flood Control and Drainage- This project will be required to collect and convey all runoff to an adequate natural or manmade drainage facility. No portion of the project site lies within an area subject to the 100-year floodplain hazard as indicated on the Federal Emergency Management Agency Map. (Ref. the Growth Management Element, Chapter 4, of the General Plan) CO MONS OF APPROVAL 1. This Land Use Permit is approved, generally as shown on the following plans and related documents and as modified by the following conditions of approval: A. Site Plan dated received by the Community Development Department on August 12, 1996. B. Revised Site Plan dated received by the Community Development Department on April 17, 1997. 3 C. Draft Traffic Study of the Proposed Arco AM/FM Mini-Market Convenience Store and Cas Station Development, prepared by TJKM Transportation Consultants, dated received by the Community Development Department on May 6, 1997. The following conditions shall be met prior to issuance of a building permit unless otherwise specified. Service Station Requirements 2. No new or used tires, auto parts or merchandise shall be permitted on the premises outside the service station building, except for oil displays at gas pump locations. No major mechanical auto repair or auto body repair shall take place on the premises. Only those vehicles awaiting service shall be permitted to be stored on the premises. Lighting Plan Requirements 3. Lights underneath the canopy shall not be directly visible from the street or adjacent properties. Light standards shall be low lying and exterior lights on the building shall be deflected so that lights shine onto applicant's property and not toward adjacent properties; all subject to review and approval by the County Zoning Administrator prior to the issuance of a building permit. (MITIGATION MEASURE) National Pollution Discharge Elimination System (NPDES) Program: 4. Prior to issuance of a building permit submit final plans for the underground tanks for review and comment of the Environmental Health Services Department - Hazardous Materials Division and review and approval of the County Zoning Administrator. The plans shall conform to California Underground Fuel Tank Standards. The fuel tanks shall be double wall and piping with continuous electronic monitoring system. (MITIGATION MEASURE) (Note: This condition is repeated as Condition#51D) 5. Prior to the issuance of a building permit, submit for review and comment of the Clean Water Program at the Public Works Department and review and approval of the County Zoning Administrator final designs for the fossil fuel filters or storm water clarifier tank prior to the point of discharge which are to be installed into the catch basin system. (MITIGATION MEASURE) (Note: This condition is repeated as Condition #51E) Architectural Review Requirements 6. The proposed buildings shall be similar to that shown on submitted plans. Prior to the issuance of a building permit, elevations and architectural design of the building and building roofing material shall be submitted for final review and approval by the County 4 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 wood and stucco or other materials acceptable to the Zoning Administrator. Archaeological Review Requirements 7. Should archaeological materials be uncovered during grading, trenching or other on-site excavation(s), earthwork within 30 yards of these materials shall be stopped until a profes- sional archaeologist who is certified by the Society of Professional Archaeology(SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitiga- tion(s), if deemed necessary. Take-out Food Requirements 8. At least three times a week, pick up and properly dispose of trash, litter and garbage originating from such take-out food establishment, deposited on public property within four hundred feet of any boundary of the premises on which such take-out food establishment is located. 9. Upon the request of any owner of private property located within four hundred feet of any boundary of the premises on which the take-out food establishment is located, at least three times a week, pick up and properly dispose of trash, litter and garbage originating from such take-out food establishment, deposited on such private property visible from a public street. (Ordinance 89-5 §2). 10. Prior to issuance of a building permit, the proprietor shall post a cash deposit, in the amount of$1,125 to cover possible costs of trash, litter or garbage removal should the proprietor of the take-out food establishment fail to properly police the area. If the cash deposit, falls below $1,125, then the proprietor of the take-out food establishment shall deposit the difference forthwith. If inflation makes an increase necessary in the security amount, the Zoning Administrator may make the necessary changes at a public hearing. Landscaping Requirements 11. A landscaping and 'irrigation plan for all areas shown on the plan shall be submitted for review and approval of the Zoning Administrator at least 30 days prior to issuance of building permits. A cost estimate shall be submitted with the landscaping program plan. Landscaping shall conform to the County Water Conservation Landscape Ordinance 82-26 and shall be installed prior to approval of 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. 5 12. California native drought tolerant plant or shall be used as much as possible. All trees shall be a minimum fifteen-gallon size, all shrubs shall be a minimum five-gallon size, except as otherwise noted. 13. Prior to occupancy, an on-site inspection shall be made of privately owned lands by a licensed landscape professional to determine compliance with the approved landscape plan. A certification of completion shall be submitted to the Zoning Administrator for review and approval. 14. If occupancy is requested prior to the installation of the landscape and irrigation improvements, then either: (1) a cash deposit; (2) a bond; or (3) a letter of credit, shall be delivered to the County for 125 percent of the estimated cost of the uncompleted portion of the landscape and irrigation improvements. If compliance is not achieved after six months of occupancy as determined by the County Zoning Administrator, the County shall contract for the completion of the landscaping and irrigation improvements to be paid for by the held sum. The County shall return the unused portion within one year of receipt or at the completion of all work. Sign Program Requirements 15. Only the following signs shall be allowed, all subject to final review and approval by the County Zoning Administrator prior to the issuance of a building permit for signs: A. One free-standing pole sign, approximately 24 square feet in area, having an overall height of 30 feet, designed and located as shown on plans submitted with the application, received by the Community Development Department on August 12, 1996. The monument style sign shall be installed to provide an adequate sight distance triangle (per Ordinance 82-18) around the corner of State Route 4 and Bridgehead Road. B. One price monument style sign-reader board, approximately 42 square feet in area, having an overall height of 8 feet, designed and located as shown on plans submitted with the application, received by the Community Development Department on August 12, 1996. The monument style sign shall be installed to provide an adequate sight distance triangle(per Ordinance 82-18) around the corner of State Route 4 and Bridgehead Load. 16. All signs shall be on permanent structure and of design and material to compliment the service station building. No signs on the premises shall be animated, rotating or flashing. The copy of all signs shall be limited to identification of the gas station and advertising of automobile products and services sold on the premises. No flags, pennants, banners, pinwheels or similar items shall be permitted on the premises, with the exception of a U.S. flag and California state flag. 6 Public Works Conditions Applicant shall comply with the requirements of Title 8, 9 and 10 of the Ordinance Code as they relate to this project. Any Ordinance Code exceptions must be stipulated in these Conditions of Approval. Conditions of Approval are based on the Site Plan received by Community Development on May 1, 1997. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT: General Requirements: 17. Applicant shall submit improvement plans prepared by a registered civil engineer to Public Works and pay appropriate fees in accordance with the County Ordinance Code and these Conditions of Approval. Roadway Improvements (Frontage): 18. Applicant shall construct curb, 2 meter (6-foot 6-inch +/-) sidewalk, necessary longitudinal and transverse drainage, street lighting and pavement widening along the frontage of Bridgehead Road. The curb face shall be located 24.4 meter (68-feet+/-) from the existing right of way on the west side of Bridgehead Road. Applicant shall provide 2.7 meter(9 feet) of road widening for the 4.2 meter(14-foot) right turn lane into this property. Applicant shall construct curb, 2 meter(6-foot 6-inch±) sidewalk, necessary longitudinal and transverse drainage, street lighting, and pavement widening and a 4.8 meter (16t foot) median island (including landscaping and irrigation or textured concrete) along the frontage of State Highway 4. The curb face shall be located 17.4 meter(58± feet) from the ultimate centerline of State Highway 4. 19. Construction of the required frontage improvements along State Highway 4 and Bridgehead Road will require relocation of the traffic signals at this intersection at the applicant's expense. 20. The applicant shall construct adequate conforms to safely merge traffic along Bridgehead Road and State Highway 4. 21. Applicant shall install safety related improvements as a result of the reconfiguration of the Bridgehead Road - State Highway 4 intersection on State Highway 4 Road (including traffic signs and striping) as approved by the Public Works Department. 22. An increase in the State Highway 4 driveway width will be allowed up to a 13.7 meter (45- foot+/-)width to facilitate truck turning movements, subject to the review of Public Works. 7 23. The applicant shall be permitted an exception from construction of frontage improvements along the remainder of this project's frontage, provided that the property owner grant deeds development rights to the County and provided that a deferred improvement agreement is executed requiring the property owner(s)of the property involved in Permit 2075-96 to: A. Construct ultimate frontage improvements along the remainder of the State Highway 4 and Bridgehead Road frontage of this property. B. At the time the deferred improvement agreement is called up, submit improvement plans to the Public Works Department, Engineering Services Division, for review, pay the inspection fee, plan review fee and applicable lighting fees. 24. In lieu of construction of median island improvements, the applicant shall pay an in-lieu cash deposit to the Road Improvement Trust Fund (No. 819200-0800) for the cost of construct half width median island improvements (including landscaping and irrigation or textured concrete) when requested by the County. Access to Adjoining Property: 225. Proof of Access/Acquisition A. Applicant shall furnish necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements. B. Applicant shall furnish proof to Public Works that legal access to the property is available from the proposed access to Bridgehead Road and State Highway 4, from each of those roads to the mini-market structure. 26. Encroachment Permit A. Obtain an encroachment permit from the Application and Permit Center, if necessary, for construction of driveways or other improvements within the right of way of Bridgehead Road. B. Applicant shall obtain an encroachment permit for construction within the State right of way from Caltrans through Public Works. 27. Site Access A. Access is only allowed at the locations shown on the approved site/development plan. 8 Road Alignment (Horizontal and Vertical Sight Distance/Grades): 28. Provide for adequate sight distance in accordance with Caltrans standards at the: A. Bridgehead Road access for a design speed of 90 kilometer per hour (55 miles per hour+/-). B. State highway 4 access for a design speed of 90 kilometers per hour (55 miles per hour+/-). 29. The applicant shall submit a preliminary improvement plan and profile to Public Works for review showing all required improvements to the fronting or offsite County roadway. The sketch plan shall be to scale and show vertical and horizontal alignments, transitions, curb lines, lane striping and cross sections and shall provide sight distance at driveway and street intersections for the above noted design speeds in accordance with Caltrans standards. The plan shall extend a minimum of 50-meter (164-feet+/-) beyond the limits of the proposed work. If the grade is unacceptable, the applicant shall level, overlay or remove and replace the pavement, as necessary. Mitigation for Measure "C" LOS Requirements: 30. The project shall provide the following mitigation measures, based on the May 6, 1997, June 16, 1997 and August 5, 1997 traffic reports for this project: A. Construct curb, gutter, sidewalk, street lights and pavement widening to provide ultimate improvements along State Highway 4 and Bridgehead Road frontage of this property. (MITIGATION MEASURE) B. The applicant will contribute to the Oakley/North Brentwood Area of Benefit, the Eastern Contra Costa Subregional Transportation Mitigation Fee Area of Benefit and the Oakley Median Island Area of Benefit for other road improvements in the area. (MITIGATION MEASURE) C. The applicant shall construct, or provide a fair share contribution toward, the following improvements. The fair share shall be based on that portion of the cost of the following listed improvements, in excess of the improvements: 1) in the County 1995 Capital Road Improvement Program, or improvements in the amended program which are anticipated to be constructed within 5 years of the approval of this project; 2) improvements which have been previously assured by development in the area; 9 and, 3) improvements installed by the applicant. Fair share contributions shall be placed in one Road Improvement Trust Fund for improvements along State Highway 4 from the southbound on-ramp to Live Oak Avenue. (MITIGATION MEASURE) I. Bridgehead Road State Highway 4 intersection. This mitigation is included in the project frontage improvements: - Southbound approach: add two exclusive left turn lanes - Southbound approach: convert the exclusive right turn lane into a shared through and right turn lane. - Westbound approach: add a through lane and exclusive right turn lane. - Modify the traffic signal. 2. Bridgehead Road at State Highway 4: Add an exclusive northbound right turn lane within the ultimate right of way (14-foot wide lane and 7-foot sidewalk). This mitigation is included in the frontage improvements along Bridgehead Road. 3. East 18th Street/State Highway 4 at the State Highway 4 westbound ramps (0.5% fair share): Add an exclusive right turn lane on the eastbound approach. Restripe the existing lanes on the northbound approach to include a shared through and left turn lane and an exclusive right turn lane (6/16/97 letter page 3). 4. Live Oak Avenue at State Highway 4 (0.5% fair share): Full signalization of the intersection . (6/16/97 letter page 3). 5. Sandy Lane at State Highway 4 (0.5% fair share) (6/16/97 letter, page 3): Prohibit left turn movements from Sandy Lane to westbound State Highway 4. Prohibit left turn movements from the State Highway 4 to Sandy Lane southbound. Partial signalization with signal control for all northbound movements, all eastbound movements, and left turn westbound movements. No signal control for westbound through movements. 6. Restripe the existing State Highway 4 northbound ramps at State Highway 4 to provide: one shared left turn-right turn lane and two exclusive right turn lanes (1.6% fair share) 6/16/97 letter, page 6). 10 7. Widen the south side of State Highway by 24-feet from the northbound off- ramp fframp to Neroly Road and transition easterly in accordance with Caltrans standards to provide two additional travel lanes (1.6% fair share). D. The applicant shall install the following improvements: 1. Channelize the State Highway 4 project access with painted median with buttons to restrict left turns to and from this access. Traffic Operations Safety Mitigation: 31. Align the northerly east-west driveway with the driveway access to the Shell Gasoline Service Station and McDonald's restaurant on the west side of Bridgehead Road. The centerlines may vary by up to a 5-foot offset, subject to the review of Public Works and the review and approval of the Zoning Administrator. 32. The State Highway 4 entrance shall be redesigned to provide for truck turning movements into the site, while at the same time restricting left turns into and out of the site, subject to the review of Public 'Works and the review and approval of the Zoning Administrator. This will require striping, signs and/or channelization of the State Highway 4 driveway to ensure that the access is restricted to right turns in and out, only. The applicant shall be required to install a "Right Turn Only" sign just before the access on Arco property. Ultimate development will require a raised median island which will prevent these undesirable turning movements. 33. The monument sign, if allowed, shall be installed to provide an adequate sight distance triangle(per Ordinance 82-18) around the corner of State Highway 4 and Bridgehead Road. 34. The applicant shall be required to provide a study showing that tanker trucks, anticipated to fuel this site, can safely negotiate onsite turning movements to fill the underground storage tanks at the southwest corner of the project area. 35. Provide the right of way which may be required for a right turn deceleration lane into the Bridgehead Road access to this property, and construct the 3.6 meter(12-foot+/-)wide right turn deceleration lane. AOB Reimbursements. 36. The applicant prior to constructing any public improvements may contact the Public Works Department to determine the extent of any eligible credits or reimbursements against the area of benefit fees. 11 Road Dedications: 37. Applicant shall convey to the County, by Offer of Dedication, the right of way necessary for the planned future width of 40.8 meter(136-feet+/-) along the frontage of State Highway 4. The right of way shall include a 6.0 meter(20-foot+/-) right of way return at the intersection. The State Highway 4 right of way width shall be reduced to a 37.8 meter (126-foot+/-) width, beginning approximately 165 meter (550-feet+/-) .east of the Bridgehead Road centerline, subject to the review and approval of Public Works. 38. Applicant shall convey to the County, by Offer of Dedication, the right of way necessary for the planned fixture width of 23.4 meter(78-feet+/-) along the frontage of Bridgehead Road. The applicant will also be required to provide an additional 2.7 meter(9-feet+/-) of right of way along the east side of this portion of the Bridgehead Road frontage for a right turn - deceleration lane into the proposed driveway. The Bridgehead Road right of way, north of this phase of the development, shall be up to 23.4 meter (78-feet+/-) wide, subject to the review and approval of Public Works. The Bridgehead Road right of way may be reduced to allow 2.4 meter (8-feet) in the vicinity of the right turn lane into this site, subject to the review of Public Works and the review and approval of the Zoning Administrator. Street Lights: 39. Property owner shall apply for annexation to County Service Area L-100 Lighting District. Annexation shall occur prior to issuance of Building;Permits. Bicycle- Pedestrian Facilities: 40. The applicant shall provide bicycle racks at the proposed mini-market convenience store, subject to the review and approval of the Zoning Administrator, 41. All public and private pedestrian facilities and access ways shall be designed in accordance with Title 24 (Handicap access) and the Americans with Disabilities Act. Utilities/Undergrounding: 42. Applicant shall underground all new and existing utility distribution facilities. 12 Drainage Improvements: 43. Collect and Convey A. Division 914 of the Ordinance Code requires that all storm waters entering or originating within the subject property shall be conveyed, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks, or to an existing adequate public storm drainage facility which conveys the storm waters to a natural watercourse. B. Storm drainage facilities required by Division 914 shall be designed and constructed in accordance with specifications outlined in Division 914 and in compliance with design standards of the Public Works Department. 44. Exceptions from the Col1rct and Convey Requirements A. The applicant is permitted an exception from the collect and convey requirements of the Ordinance Code for storm drainage from a small portion of this property in and near the Bridgehead Road right of way, which cannot physically be drained to Line A-1 of Drainage Area 29K subject to the review and approval of Public Works. The applicant will also be required to show that he is minimizing, and specifically not increasing the storm drainage flow in this direction. This will require regrading of a portion of this property to drain to Line A-1 of Drainage Area 29H. B. The applicant is permitted an exception to divert other storm drainage from this property, which presently flows to the north, to Line A-1 of Drainage Area 29H, provided that he shows that: this facility and the storm drainage facilities conveying drainage to this facility, are adequate to convey anticipated ultimate storm drainage plus the additional diverted flow, subject to the review and approval of Public Works. If the drainage facilities are not adequate, the applicant shall improve them to make them adequate. Miscellaneous Drainage Requirements: 45. Storm drainage originating on the property and conveyed in a concentrated manner shall be prevented from draining across the sidewalk(s) and driveway(s). 46. The applicant shall install within a dedicated drainage easement any portion of the drainage system which conveys run-off from public streets. 13 Drainage Reimbursements: 47. Drainage Area 29H improvements: Certain improvements required by the Conditions of Approval for this development or the County Subdivision Ordinance Code may be eligible for credit or reimbursement against the drainage area fee. The developer should contact the Public Works Department to personally determine the extent of any credit or reimbursement for which he might be eligible. Any credit or reimbursements shall be determined prior to issuance of Building Permits, or as approved by the Flood Control District. Drainage improvements required to convey stormwater to, or to tie into, Drainage Area 29H facilities will not be reimbursable. 48. Other Drainage Improvements: The applicant may be able to obtain reimbursement from other property owner(s)who will utilize the same drainage facilities to convey their drainage to the Drainage Area 29H system. This will only be feasible if the applicant installs drainage improvements with additional capacity for the use of others. The applicant would be responsible for executing and recording a reimbursement agreement, paying County administrative costs associated with that agreement, and monitoring development in the area and commenting on the pertinence of reimbursement under this agreement. 49. Subdivision MS 6-96 is required to install storm drainage facilities from that site to Line A-I of Drainage Area 29H. That subdivider may also record a reimbursement agreement to obtain reimbursement from future development which will be utilizing these storm drainage improvements, for his installation of additional capacity in these storm drainage facilities. The applicant will be required to comply with the requirements of that reimbursement agreement, provided that it is recorded prior to the effective date of these conditions of approval. Compliance with the Drainage Area Ordinance: 50. The applicant shall be required to comply with the drainage area requirements for Drainage Area 29H as adopted by the Board of Supervisors. Compliance with the Bridge Crossings and Major Thoroughfares Ordinance: 51. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Oakley/North Brentwood Area of Benefit, the Eastern Contra Costa Subregional Transportation Mitigation Fee Area of Benefit and the Oakley Median Island Area of Benefit as adopted by the Board of Supervisors. Metric : 52. Metric: The County Public Works Department is requiring that all submittals and accompanying, calculations be in metric units. 5 14 Staff Costs 53. County staff'costs are due and payable 60 days following the application appeal period. If they are not paid at that time, a 7%finance charge shall be imposed. In no instance shall the unpaid balance extend beyond the issuance of a building permit or approval of a parcel/final map whichever comes first. Compliance with the National Pollution Discharge Elimination System (NPDES) Program: 54. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay - Region II or Central Valley - Region V). Specific requirements are as follows: A. Prior to issuance of a grading permit, the applicant shall develop BMP's in accordance with the Contra Costa County Clean Water Program for the site's stormwater drainage. The applicant shall submit a clean water mitigation program to Public Works for review and approval. The applicant shall implement mitigation measures developed in the approved clean water mitigation program. B. Sweep the parking lot at least once a year between September I and October 15. Verification (invoice, etc.) Of the sweeping shall be submitted to the Contra Costa County Clean Water Program to substantiate that the work has been accomplished within 1 0-days of completion of work. C. Stencil all storm drains with"No Dumping Drains to the Delta" using thermoplastic tape. D. Prior to issuance of a building permit submit final plans for the underground tanks for review and comment of the Environmental Health Services Department - Hazardous Materials Division and review and approval of the County Zoning Administrator. The plans shall conform to California Underground Fuel Tank Standards. The fuel tanks shall be double wall and piping with continuous electronic monitoring system. (MITIGATION MEASURE) (Note: This condition is repeated as Condition#4) E. Prior to the issuance of a building permit, submit for review and comment of the Clean Water Program at the Public Works Department and review and approval of the County Zoning Administrator final designs and maintenance service plans for the fossil fuel filters or storm water clarifier tank prior to the point of discharge which are to be installed into the catch basin system. (MITIGATION MEASURE) (Note: This condition is repeated as Condition #5) The maintenance service plan shall, among other things, address the frequency of site wash downs and the impact these 15 washdowns will have on the maintenancelcleaning intervals of the filter medium. Verification in the form of certificates of compliance for each inspection/cleaning shall be provided to the County annually. F. Trash enclosure facility shall be covered to prevent rainwater from coming into direct contact with trash. Applicant may propose alternate methods of addressing this condition such as having a separate drain which collects all run-off from the enclosure area and discharging it into the sanitary sewer system. An alternate such as this may require separate approval by the sanitary sewer district. ADVISORY NOTES THE FOLLOWING ARE NOT CONDITIONS OF APPROVAL. HOWEVER, YOU SHOULD BE AWARE OF THEM PRIOR TO REQUESTING BUILDING OR GRADING PERMITS. A. The applicant/owner should be aware of the expiration dates and renewing requirements prior to requesting building or grading permits. B. Comply with the requirements of the Ironhouse Sanitary District. C. Comply with the requirements of the Fire Protection District (see attached). D. Comply with the requirements of the Health Services Department, Environmental Health Division (see attached). E. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. F. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Oakley/North Brentwood Area of Benefit as adopted by the Board of Supervisors. G. The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) permit 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- Regional II or Central Valley-Region V). H. 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. 16 I. 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 Carps of Engineers to determine if a permit is required, and if it can be obtained. RST/df LPVII.2075-96c.mt 8-25-97 9/8/97 -ZA(a) 2/9/98 -ZA(a) RE: LUP 2075-96 EXHIBI l+nE„r+ (TRUST IMPROVEMENTS) Improvements required by Contra Costa County Community Development Department and the County Ordinance Code as a condition of approval for the above-referenced development are located along State Highway 4 and Bridgehead Road for Parcel,described in Exhibit"F": 1. Approximately 94 linear meters(3 10 linear feet)of curb,face of curb located 3 meters(10 feet)from the right of way line. 2. Approximately 94 linear meters(3 10 linear feet)of 2 meters(6-foot 6-inch)sidewalk,width measured from curb face,built monolithic with the curb. 3. Approximately 660 square meters(7,100 square feet)of street paving to pave between the existing pavement and the lip of gutter. 4. Necessary longitudinal and transverse drainage. 5. Necessary street lights. The final number and location of the lights will be determined by the County Public Works Department. 6. Temporary conforms for paving and drainage as may be necessary at the time of construction. 7. Submit improvement plans to the Public Works Department, Engineering Services Division, for review; pay an inspection and plan review fee and applicable lighting fee. 8. Median Island: Construct 116 linear meters (380 linear feet) of 4.8 meter (16-foot) median island (including landscaping and irrigation or textured concrete)91 pay an in-lieu cash deposit to the Road Improvement Trust Fund (No. 819200-0800)for the cost to construct half width median island improvements. CONSTRUCTION Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. The construction of the above-deferred improvements shall begin as outlined in Item A below or when either of the following occurs: 1. State Highway 4 is constructed to its ultimate planned width by the County or by an assessment district. 2. Bridgehead Road is constructed to its ultimate planned width by the County or by an assessment district. 3. Frontage improvements are constructed adjacent to the subject property. A. When the County Public Works Director determines that there is no further reason to defer construction of the improvements because their construction is necessary for the public health, welfare and safety and/or is necessary to the orderly development of the surrounding area,he shall notify Owner in writing to commence their installation and construction. The notice shall be mailed to the current owner or owners of the property as shown on the latest adopted County assessment roll. The notice shall describe the work to be done by Owner,the time within which the work shall commence and the time within which the work shall be completed. All or any portion of said improvements may be required at a specified time. Each Owner shall participate on a pro rata basis in the cost of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility provided by others,the notice shall include the amount to be paid and the time when payments must be made. It is the intent at this time that the"pro rata basis"of costs,as specified in Item A above,shall mean that the owners of each parcel shall pay 50%f the costs and the owner of Parcel 2 shall pay 50%of the costs. Makmw i AGfpDsft\EnSSvcV a vvine\Juiy 48U-Pn79-%Ex6sbitE doc LODGE PROPERTY REMAINDER BEING A PORTION OF PARCEL l AND PARCEL 2 AS SAID PARCELS ARE SHOWN ON RECORD OF SURVEY''"R..S. 2215"RECORDED IN BOOK I I I L.S.M. AT PAGE 8, CONTRA COSTA RECORDS,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL I (I11 L.S.M. 8), SAID POINT BEING THE TRUE POINT OF BEGINNING,AND ALSO BEING ON THE EAST LINE OF BRIDGEHEAD ROAD, THENCE SOUTH 890 49'40" EAST 625.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 2(111 L.S.M 8);THENCE SOUTH 0°59'20"WEST 406.78 FEET,TO THE NORTH LINE OF STATE HIGHWAY 4; THENCE SOUTH 8$° 50' 12" WEST 96.48 FEET, TO A TANGENT CURVE TO THE RIGHT, THAT HAS A RADIUS OF 21,956.48 FEET; THENCE ALONG THE ARC OF SAID CURVE 254.62 FEET, THROUGH A CENTRAL ANGLE OF 00 39' 52" TO A NON-TANGENT LINE; THENCE SOUTH 06 10'20" EAST 4.50 FEET; THENCE NORTH 890 49'40" WEST 43.26 FEET; THENCE NORTH 0°03' 46"EAST 228.75 FEET;THENCE SOUTH 89°49'46"EAST 227.17 FEET,TO THE EAST LINE OF BRIDGEHEAD ROAD; THENCE NORTH 0° 59' 20" EAST 189.21 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4.73 ACRES MORE OR LESS. ES 5/30/98 1 E.XH1131T ' F' ti 589'49'40"E 625.00' r co iAlr REMAINDER PARCEL 931 b 9 * 1 227.17' w ,� S89-49'46"E rW N ARCO � s PARCEL N �} b : z 20" r R� 1 9 +6 4 96.48' 43.26' =254.62 S88'S0'12"E r 589`49'40"E A-739'52" ---------------------------------- (MAIN STREET) STATE HIGHWAY 4 LODGE PROPERTY � ,� � X� REMAINDER PARCEL A05 OAKLEY, CALIFORNIA