HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-282 TO: BOARD OF SUPER ORS
Contra
FROM: DENNIS M. BARRY,AICP
Costa
COMMUNITY DEVELOPMENT DIRECTOR
County
DATE: July 10, 2001
SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE AREA P-6,
RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION THEREOF AND FORMATION OF
THE FOLLOWING ZONE: ZONE 502, SUBDIVISION #SD968023, VILLAGE 11 OF DISCOVERY BAY
WEST IN THE DISCOVERY BAY AREA.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 Adopt the Resolution authorizing an election for Zone 502 in County Service Area P-6,
(Resolution No. 2001/282)
2. Adopt the.Ordinance establishing a fee for Police Service District for SD9868023(Village 11
of Discovery Bay West. (Ordinance 2001-12)
3. Direct the County Clerk to conduct the election required by Government Code Section 5397.
This election shall be conducted by mail ballot pursuant to Code Section 4000 and shall be
held on the earliest date permitted by law.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
The application was approved by the East County Regional Planning Commission effective August 19, 1996 with
the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 454 single
family units and 53 multi-family units are allowed.
Condition of Approval #8 of Subdivision #968023 requires the applicant to agree to vote on whether the
development should be placed in a"County Service Area"to augment police services based upon the residential
use of the site. The initial assessment is $200.00 per lot.
CONTINUED ON ATTACHMENT: X YES SIGNATURE__�A
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON,,.1 Id llzl� Z,:�,f APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
X.UNANIMOUS(ABSENT OF AN ACTION TAKEN AND ENTERED ON THE MINUTES
AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN
ABSENT: ABSTAIN:
Contact:Debi Foley-335-1215 ATTESTED
W
Jtc
cc: Community Development Department(CDD) JOHN SWE CLE F
Elections-Lois Berry THE BO SUPERVISORS
Sheriff-Coroner-Wanda AND CO TY ADMINISTRATOR
County Clerk-Elections
Auditor-Controller
Assessor BY DEPUTY
SD968023.psd
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 10, 2001 by the following vote:
AYES: SUEPRVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN:NONE
------------------------------------------
SUBJECT: Creating County RESOLUTION NO. 2001/282
Service Area P-6 Zone 502 (Gov. C. 25210.8 &
(SUB 968023-Village 11) 59000 ff.)
in the Discovery Bay area
and Authorizing a
Special Tax Election in
Said Zone.
This Board recognizes the need for increased police protection services in the above subject zone
and the difficulty of funding the current or an increased level of services by revenues now available.
Government Code Sections 50077 and 53978 establish procedures for voter authorization of a
special tax in order to provide additional funding for police protection.
NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS:
1 That portion of Contra Costa County Service Area P-6 described in Attached Exhibit"A" is
established as Zone 502 of County Service Area No. P-6. No affected properties located
therein will be taxed for any existing bonded indebtedness or contractual obligations as a
result of the formation of said zone.
2. The Clerk of this Board shall cause the filing of a statement of the creation of said zone to be
made with the County Assessor and the State Board of Equalization (in Sacramento)
pursuant to Government Code Sections 54900-54902. The filing shall include a map or plot
indicating the boundaries of said zone.
3. That Ordinance No. 2001-12 adopted this date is to be presented for approval of the voters
of Zone 50 of County Service Area No. P-6 by a September 11, 2001 mail ballot election
according to the following ballot proposition:
"Shall Ordinance No. 2001-12 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on
property located in Zone 502 of County Service P-6 to maintain the
present level of police protection service and provide additional
funding for increased police protection service?"
4. The County Clerk (Elections Clerk) is directed to take all steps necessary to conduct the
election required by this order. Said election shall be conducted by mailed ballot(Elections
Code Sections 1340 and 1350 ff.)and shall be held as specified above. A synopsis of the
Ordinance may be used.
Orig. Dept:Cornmunity Development
cc: County Counsel
Elections—Lois Berry
Sheriff-Coroner, Wanda
Auditor-Controller
Assessor
df
RESOLUTION NO. 2001/282
Resolution #20011282 i
Subdivision #968023
Zone#502
"Exhibit A"
JUNE 19, 2001,
JOB NO. : 093-30
LEGAL DESCRIPTION
LAMSHORE
CONTRA COSTA COUNTY, CALIFORNIA
REAL PROPERTY, SITUATE IN THE UNINCORPORATED TEFAITORY OF THE COUNTY OF
CONTRA COSTA„ STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING ALL OF PARCELS A, B, C, D, AND DBSIGNATED REMAINDER AS SHOWN ON THAT
CERTAIN PARCEL MAP RECORDED SEPTEMBER 1S, 1988, BOOT{ 135 OF PARCEL MAPS AT
PAGE 37 AND ALL OF PARCELS A. B, C, AND D AS SHOWN ON THAT CERTAIN PARCEL MAP
RECORDED NOVEMBER 1, 1990, BOOK 149 OF PARCEL MAPS AT BADE 18, IN THE OFFICE
OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY AND ALSO BEING A PORTION OF THE
SOUTHWEST ONE-QUARTER OF SECTION 23, TOWNSHIP 1 NORTH, RANGE 3 EAST, MOUNT
D.AISLO BASE AND MERIDIAN, MORE PARTICCJLARILY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERN CORNER OF PARCEL MA.P VS 115-79, RECORDED
OCTOBER 13, 1981, IN BOOK 97 OF PARCEL MAPS, AT PAGE 50, IN THE OFFICE OF THE
CONTRA COSTA COUNTY, SAID POINT BEING THE EASTERN LINE OF BIXLER ROAD (40.00
FEET WIDE) :
THENCE, FROM SAID POINT OF BEGINNING, ALONG SAID EAST:.RN LINE OF BIXLER ROPZs,
NORTH 01°00'27" EAST 1,470.20 FEET;
THENCE, LEAVING SAID EASTERN LINE, SO?JTH 89006146" EnST 10.00 FEET TO THE
SOUTHWESTERN CORNER OP SAID PARCEL A (97 PM SO) ;
THENCE, FROM SAID SOUTHWESTERN CORNER, ALONCv THE SOUTHERN LINE OF SAID PARCEL
A (97 PM 50) , SOUTH 89006'46" EAST 410.00 FEET TO THE SOUTHBASTEAN CORNER OF
SAID PARCEL A;
THENCE, FROM SAID SOUTHEASTERN CORNER ALONG THE EASTERN LINE OF SAID PARCEL A
(97 PM 50) , NORTH 01°00'27" EAST 535.00 FEET TO THE NORTHEASTERN CORNER OF
SAID PARCEL A;
THENCE, FROM SAID NORTHEASTERN CORNER ALONG THE NORTHERN LINE OF SAID PARCEL
A (97 PM 50) AND ITS PROLONGATION, NORTH 89°06'46" WEST 4020.00 FEET TO THE
EASTERN LINE OF BIXLER ROAD (40 FEET WIDE) ;
THENCE, ALONG SAID EASTERN LINE OF BIXLER ROAD, NORTH 01°00'27" EAST 341.27
FEET TO A POINT ON THE SOUTHERN LINE OF THAT CERTAIN PARCEL OF LAND GRANTED
TO EAST CONTRA COSTA IRRIGATION DISTRICT, BY DEED RECORDED AUGUST 27, 1963,
IN BOOK 4452 OF OFFICIAL RECORDS AT PAGE 562 IN SAID OFFICE OF THE COUNTY
RECORDER OF CONTRA COSTA COUNTY;
THENCE, ALONG SAID SOUTHERN LINE, SOUTH 88057'59" EAST 2, 619.26 FEET TO THE
NORTHEASTERN CORNER OF SAID PARCEL A (149 PM 18) ;
THENCE, ALONG SAID EASTERN LINE OF PARCELS A, B, C, AND D (149 PM 18) , SOUTH
01000'OS" WEST 2,345 .35 FEET TO A POINT ON THE CENTERLINE OF POINT OF TIMBER
ROAD;
P:\093-30UGA.L D SCRIMONS\LG-003.DOC
Resolution #2001/282
Subdivision #968023
Zone#502
"Exhibit A"
LEGAL DESCRIPTION JVATE 19, 2000
PAGE 2 JOB NO. : 093-00
THENCE, ALONG SAID CENTERLINE, NORTH S8°59'27" WEST 2619.51 FEET TO SAID
POINT OF BEGINNING, A= CONTAINING 13S.91 ACRES OF LANA, MORE OR LESS.
END OF DESCRIPTION
LYNNE B. FILSON
L.S . NO. 7719
EXPIRES: MARCH 31, 2005
1'.�0'J170u,tiGnI.DCSc:ltll'T�tN�111Ligp3.OtX:
TOTAL P.04
Resolution #2001/282 "
Subdivision #968023
Zone#502
"Exhibit B"
FAST CONTRA COSTA IRRIGATION DISTRICT
S88'57'59*E 2619.26'
L4
E� 1
SCALE 1"=500' L2 M
N
LAKESHORE �
m 135.91+ AC
20'
N
d
�Q
P.O.B.
22 23 N8859'27"W 2619.51'
27 25 POINT OF TIMBER ROAD
LINE TABLE
l N0. BEARING DISTANCE
L1 N01'00'270E 341.27'
L2 S8006'46E 420-00'
L3 N01'00'27"E 535.00'
L4 N89"06'46"W 420.00'
PLAT TO ACCOMPANY LEGAL DESCR.IPTIQN
LAKESHORE
CONTRA Cosa COUNTY, CAUFORNIA
DATE. JUNE 19, 2001
Carlson, Barbee, & Gibson, Inc.
CIVIL ENGINEERS + SURVEYORS + PLANNERS
2603 CAL41NO RAMON, SUITE 100 SAN RAMON, CALIFORNIA 94583
TELEPHONE- (925) 866-0322 FAX: (925) 866--8575
89093-30 C.%QanctlarAMIi AtWM AYMW�
ORDINANCE NO. 2001-12
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
502 County Service Area No. P-6
The Contra Costa County Board of Supervisors ORDAINS as follows:
ARTICLE I . PURPOSE AND INTENT. It is the purpose and intent
of this Ordinance to authorize the levy of a tax on parcels of real
property on the secured property tax roll of Contra Costa County
that are within Zone 502 of Contra Costa County Service Area No. P-
6 in order to augment funding for police protection.
This tax is a special tax within the meaning of Section 4 of
Article XIIIA of the California Constitution. Because the burden
of this tax falls upon property, this tax also is a property tax,
but this tax is not determined according to nor in any manner based
upon the value of property; this tax is levied on a parcel and use
of property basis. Insofar as not inconsistent with this Ordinance
or with legislation authorizing special taxes and insofar as
applicable to a property tax that is not based on value, such
provisions of the California Revenue and Taxation Code and of
Article XIII of the California Constitution as relate to ad valorem
property taxes are intended to apply to the collection and
administration of this tax (Article IV of this Ordinance) , as
authorized by law.
The revenues raised by this tax are to be used solely for the
purposes of obtaining, furnishing, operating, and maintaining
police protection equipment or apparatus, for paying the salaries
and benefits of police protection personnel, and for such other
police protection service expenses as are deemed necessary.
ARTICLE II . DEFINITIONS. The following definitions shall
apply throughout this Ordinance :
1 . "Parcel" means the land and any improvements thereon,
designated by an assessor' s parcel map and parcel number and
carried on the secured property tax roll of Contra Costa County.
For the purposes of this Ordinance, parcel does not include any
land or improvements outside the boundaries of Zone 2801 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 2001-12
2 . "Fiscal year" means the period of July 1 through the
following June 30 .
3 . Contra Costa County Service Area P-6 Zone 502 (hereinafter
called "Zone" ) means that portion of the unincorporated area of
Contra Costa County located within the Zone' s boundaries described
(see Exhibit A attached hereto) .
4 . "Use Code" means the code number assigned by the Assessor
of Contra Costa County in: order to classify parcels according to
use for ad valorem property tax purposes. A copy of the Assessor' s
use code classifications chart is attached hereto as Exhibit B and
incorporated herein.
5 . "Consumer Price Index" means the Consumer Price Index for
all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose
Area (1982-84=100) as published by the U.S . Department of Labor,
Bureau of Labor Statistics . If the Consumer Price Index is
discontinued or revised, such other government index or computation
with which it is replaced shall be used in order to obtain
substantially the same result as would be obtained if the Consumer
Price Index had not been discontinued or revised.
6 . "Constant first year dollars" shall mean an actual dollar
amount which, in years subsequent to the first fiscal year the tax
is levied, shall have the same purchasing power as the base amount
in first fiscal year dollars as measured by the Consumer Price
Index. The base amount shall be the amount of tax per parcel as
specified in Article III 1A herein. The adjustment from actual to
constant dollars shall be made by use of the Consumer Price Index,
as specified in Section III 1B herein.
ARTICLE III . AMOUNT AND LEVEL OF TAXES
1 . The tax per year on each parcel in the Zone shall not
exceed the amount applicable to the parcel, as specified below.
A. For First Fiscal Year:
The tax per year for the first fiscal year (July 1, 2002
through June 30, 2003) shall be the Amount of Tax Per Parcel for a
Property Use Code Category as set forth on Exhibit C incorporated
herein.
-2-
ORDINANCE NO. 2001-12
B. For Subsequent Fiscal Years :
In order to keep the tax on each parcel in constant first year
dollars for each fiscal year subsequent to the first fiscal year,
the tax per year shall be adjusted as set forth below to reflect
any increase in the Consumer Price Index beyond the first fiscal
year a tax is levied.
In each July, the Board of Supervisors of Contra Costa County
shall determine the amount of taxes to be levied upon the parcels
in the Zone for the then current fiscal year as set forth below.
For each Property Use Category on Exhibit C, the tax per year
on each parcel for each fiscal year subsequent to the first fiscal
year shall be an amount determined as follows :
Tax Per Parcel Tax Per Parcel (Consumer Price Index
For then Current = For First X for April of Immediately
Fiscal Year Fiscal Year Preceding Fiscal Year)
(Consumer Price Index
for First Fiscal Year
of Levy)
Provided, however, that in no event shall the tax per parcel for
any fiscal year be less than the amount established for the first
fiscal year.
2 . The taxes levied on each parcel pursuant to this Article
shall be a charge upon the parcel and shall be due and collectible
as set forth in Article IV, below. A complete listing of the
amount of taxes on each parcel shall be maintained by the Sheriff-
Coroner of the County of Contra Costa at Martinez, and be available
for public inspection during the remainder of the fiscal year for
which such taxes are levied.
ARTICLE IV. COLLECTION AND ADMINISTRATION.
1 . Taxes as Liens Against the Property.
The amount of taxes for each parcel each year shall constitute
a lien on such property, in accordance with Revenue and Taxation
Code Section 2187, and shall have the same effect as an ad valorem
real property tax lien until fully paid.
-3-
ORDINANCE NO. 2001-12
2 . Collection.
The taxes on each parcel shall be billed on the secured roll
tax bills for ad valorem property taxes and shall be due the County
of Contra Costa. Insofar as feasible and insofar as not inconsis-
tent with this Ordinance, the taxes are to be collected in the same
manner in which the County collects secured roll ad valorem
property taxes . Insofar as feasible and insofar as not inconsis-
tent with this Ordinance, the times and procedure regarding
exemptions, due dates, installment payments, corrections, cancella-
tions, refunds, late payments, penalties, liens, and collections
for secured roll ad valorem property taxes shall be applicable to
the collection of this 'tax. Notwithstanding anything to the
contrary in the foregoing,' as to this tax: 1) the secured roll tax
bills shall be the only notices required for this tax, and 2) the
homeowners and veterans exemptions shall not be applicable because
such exemptions are determined by dollar amount of value.
3 . Costs of Administration by County.
The reasonable costs incurred by the County officers collect-
ing and administering this tax shall be deducted from the collected
taxes .
ARTICLE V. SEVERABILITY CLAUSE
If any article, section, subsection, sentence, phrase of
clause of this Ordinance is for any reason held to be invalid, such
decision shall not effect the validity of the remaining portion of
this Ordinance. The voters of the Zone hereby declare that they
would have adopted the remainder of this Ordinance, including each
article, section, subsection, sentence phrase or clause, irrespec-
tive of the invalidity of any other article, section, subsection,
sentence, phrase or clause.
ARTICLE VI . EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its
confirmation by two-thirds of the voters voting within the Zone in
an election to be held September 11, 2001 so that taxes shall first
be collected hereunder for the tax year beginning July 1, 2002 .
-4-
ORDINANCE NO. 2001-12
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on April
25, 2000 by the following vote:
AYES : SUPERVISORS
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By:
Deputy Board Chair
VJW:df
df4:vjw\ord\csap6
-5-
ORDINANCE NO. 2001-12
Ordinance#2001-12
Subdivision #968023 -
Zone#502
"Exhibit A"
JUNE 19, 2001,
JOB NO. : 093-30
LEGAL DESCRIPTION
LAKESHORE
CONTRA COSTA COUNTY, CALIFORNIA
REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING ALL OF PARCELS P., B, C, D, AND DESIGN-TED REMAINDER AS SHOWN ON THAT
CERTAIN PARCEL MAP RECORDED SEPTEMBER 15, 1988, BOOK 135 OF PARCEL MAPS AT
PAGE 37 AND ALL OF PARCELS A, B, C, AND D AS SHOWN ON THAT CERTAIN PARCEL MAP
RECORDED NOVEMBER 1, 1990, BOOK 149 OF PARCEL MAPS AT PAGE 18, IN THE OFFICE
OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY AND ALSO BEING A PORTION OF THE
SOUTHWEST ONE-QUARTER OF SECTION 23, TOWNSHIP 1 NORTH, RANGE 3 EAST, MOUNT
DAI5LO BASE AND MERIDIAN, MORE PARTICULARILY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERN CORNER OF PARCEL MAP MS 115-79, RECORDED
OCTOBER 13, 1981, IN BOOK 97 OF PARCEL MAPS, AT PAGE 50, IN THE OFFICE OF THE
CONTRA COSTA COUNTY, SAID POINT BEING THE EASTERN LINE OF BIXLER ROAD (40.00
FEET WIDE) :
THENCE, FROM SAID POINT OF BEGINNING, ALONG SAID EASTTZr LINE OF BIXLER ROP.D,
NORTH 01000'27" EAST 1,470.20 FEET;
THENCE, LEAVING SAID EASTERN LINE, SOUTH d9006146" E.=,ST 10.00 FEET TO THE
SOUTHWESTERN CORNER OP SAID PARCEL A (97 PM SO) ;
THENCE, FROM SAID SOUTHWESTERN CORNER, ALONG THE SOUTHERN LINE OF SAID PARCEL
A (97 PM 50) , SOUTH 89006'46" EAST 410.00 FEET TO THE SOUTHEASTERN CORNER OF
SAID PARCEL A;
THENCE, FROM SAID SOUTHEASTERN CORNER ALONG THE EASTERN LINE OF SAID PARCEL A
(97 PM 50) , NORTH 01000'27" EAST 535.00 FEET TO THE NORTHEASTERN CORNER OF
SAID PARCEL A;
THENCE, FROM SAID NORTHEASTERN CORNER ALONG THE NORTHERN LINE OF SAID PARCEL
A (97 PM 50) AND ITS PROLONGATION, NORTH 89006'46" w-8ST 420 .00 FEET TO THE
EASTERN LINE OF BIXLER ROAD (40 FEET WIDE) ;
THENCE, ALONG SAID EASTERN LINE OF BIXLER ROAD, NORTH 01°00'27" EAST 341.27
FEET TO A POINT ON THE SOUTHERN LINE OF THAT CERTAIN PARCEL OF LAND GRANTED
TO EAST CONTRA COSTA IRRIGATION DISTRICT, BY DEED RECORDED AUGUST 27, 1963,
IN BOOK 4452 OF OFFICIAL RECORDS AT PAGE 582 IN SAID OFFICE OF THE COUNTY
RECORDER OF CONTRA COSTA COUNTY;
THENCE, ALONG SAID SOUTHERN LINE, SOUTH 88057'59" EAST 2, 619 .26 FEET TO THF.
NORTHEASTERN CORNER OF SAID PARCEL A (149 PM 18) ;
THENCE, ALONG SAID EASTERN LINE OF PARCELS A, B, C, JAM D (149 PM 18) , SOUTH
01000'05" WEST 2,345.35 FEET TO A POINT ON THE CSNTERLINE OF POINT OF TIMBER
ROAD;
P:\093-30\LFGAL 0ESCRIPTlONS\LG-0O3.DOC
Ordinance#2001-12
Subdivision #968023
Zone#502
"Exhibit All
LEGAL DESCRIPTION JUNE 19, 2000
PAGE 2 JOB NO. : 093-00
THENCE, ALONG SAID CENTERLINE, NORTH 88059'27" WEST 2619.51 FEET TO SAID
POINT OF BEGINNING, A= CONTAINING 135.91 ACRES OF LAND, MORE OR LESS.
END OF DESCRIPTION
LYNNE B. FILSON
L.S . NO. 7719
EXPIRES: MARCH 31, 2005
rw�+i�ouyc:nt.ersciurnc�su.c;<wa.o�c;
TOTAL P.04
Ordinance 42001-12
Subdivision#968023
Zone#502
"Exhibit B"
LAST CONTRA COSTA IRRIGATION DISTRICT
S8805759"E 2619.26'
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SCALE 1"=500'al L2 M
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27 25 POINT OF TIMBER ROAD
LINE TABLE
! N0. I BEARING DISTANCE
Li 1401'00'270E 341.27'
L2 S89V6-146°E 420.00'
L3 N01"00'27"E 535.00'
L4 I N89"06'46"W 420.00'
i
PLAT TO ACCOMPANY LEGAL OESCR PTION
LAKESHORE
CONTRA COSTA COUNTY, CALIFORNIA
DATE: JUNE 19, 2001
Carlson, Barboo, & Gibson, Inc.
CIML ENGINEERS • SURVEYORS * PLANNERS
2603 CAMINO RAMON, SU17E 100 SAN RADON, CALIFORNIA W83
TELEPHONE. (925) 866-0322 FAX: (925) 866--8575
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ORDINANCE NO. 2001-12 ZONE X02
FOR FISCAL YEAR JULY 1, 2002, THROUGH JUNE 30, 2003
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence—
1 residence, 1 site $200
12 Single Family Residence- $200
1 residence, 2 or more sites
13 Single Family Residence- $200
2 residences on 1 or more sites
14 Single Family Residence— $200
other than single family land
15 Misc. Improvements— 1 site $200
16 Misc. Improvements—2 or more sites $200
17 Vacant— 1 site $100
18 Vacant—2 or more sites $100
19 Single Family Residence - $200
Det. w/common area
20 Vacant—Multiple $100
21 Duplex $200
22 Triplex $200
23 Fourplex $200
24 Combination $200
25 Apartments (5-12 units) $400
26 Apartments (13-24 units) $400
27 Apartments (25-59 units) $600
28 Apartments (60+ units) $ 800
29 Attached PVDs: $ 200
Cluster Homes, Condos, etc.
30 Vacant - Commercial $ 100
31 Commercial Stores - $ 600
Not Supermarkets
32 Small Grocery Stores $ 600
(7-11, etc.)
33 Office Buildings $ 400
34 Medical, Dental $ 400
35 Service Stations, Car Wash $ 400
36 Garages $ 400
37 Community Facilities $ 800
(recreational, etc.)
38 Golf Courses $ 400
39 Bowling Alleys $ 400
40 Boat Harbors $ 400
41 Supermarkets $ 600
(not shopping centers)
42 Shopping Centers $ 800
43 Financial Buildings $ 400
(Ins., Title, Banks, SBL)
44 Motels, Hotels & Mobile $ 600
Home Parks
45 Theaters $ 600
46 Drive-In Restaurants $ 400
47 Restaurants (not drive-in) $ 400
48 Multiple & Commercial $ 400
49 New Car Agencies $ 400
50 Vacant Land (-not part of $ 100
Ind. park or P. & D.)
51 Industrial Park $ 800
52 Research & Development $ 400
53 Ught Industrial $ 400
54 Heavy Industrial $ 400
55 Mini Warehouses (public Storage) $ 600
56 Misc. Improvements $ 400
61 Rural, Res. Improvement 1A-10A $ 200
62 Rural, w/or w/o Structure 1A-10A $ 200
70 Convalescent Hospitals) $ 400
Rest Homes
73 Hospitals $ 400
74 Cemeteries/Mortuades $ 400
75 Fraternal & Service Organizations $ 400
76 Retirement Housing Complex $ 600
78 Parks & Playgrounds $ 800
85 Public & Private Parking $ 400
87 Common Area $ 400
a8 Mobile Homes $ 200
89 Other (split parcels in different $ 200
tax code areas)
99 Awaiting Assignment $ 200
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: Hofmann Const. APPLICATION NO, SD968023
P. 0. Box 907 (Phases 11, 111,
Concord, CA 94522 & IV of
SD917686
D0913025
ASSESSOR'S PARCEL NO. 011-240-001
011-270-005
011-230-010 &
-015
011-220-023
015-160-001 &
-002
OWNER: Edna M. Fallinan ZONING DISTRICT: P-1
P. 0. Box 126
Concord, CA 94522 APPROVED DATE: 8/5/96
EFFECTIVE DATE: 8/19/96
This is to notify you that the East County Regional Planning Commission has granted Your request for
a Final Development Plan and Subdivision, subject to the attached conditions.
HARVEI' E. BRAGDON. Director
Community Development Department
By: 4,
Dennis Barry, Deputy Direct)[
PLEASE NOTE THE EFFECTIVE DATE, and be aware of the renewing requirements as no further
notification will be sent by this office. The Clerk of the Board will provide YOU a copy of the Board
Order with approved Conditions of Approval. Unless otherwise provided, You hate 36 months from the
approval date to file the FINAL MAP.
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FINDINGS FOR FINAL DEVELOPMENT PLAN 3025-91-A (VILLAGES II III & IV) AND
SUBDIVISION 918023 (PHASES II III & IV OF SUBDIVISION 927686 - DISCOVERY BAY
WEST DEVELOPMENT- AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING
COMMISSION ON AUGUST 5. 1996
Findings
A, With the imposition of the Conditions of Approval this proposed development is in
conformance with the General Plan and the General Plan Amendment recently approved for
the site and surrounding area.
B. With proper conditioning the Hofinann property development will constitute a residential
environment of sustained desirability and stability, and Nvill be in harmony with the character
of the nearby community.
C. In accordance with required findings of the P-1 district, the County finds that the
development is of a harmonious, innovative plan and justifies exceptions from the normal
application of the code, including variances and parcel configuration and design to provide
a better conformity with existing terrain features and land use (imitations in the area.
D. The applicant has indicated that they intend to commence construction within two and one-
half years of the effective date of the final project appro\al.
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CONDITIONS OF APPROVAL FOR FfNAL DEVELOPMENT PLAN 3025-91-A (VILLAGES
11, 111 & IV) AND SUBDIVISION 918023 (PHASES II, III &I IV OF SUBDIVISION 927686 -
DISCOVERY BAY WEST DEVELOPMENT) - AS APPROVED BY THE EAST COUNTY
REGIONAL PLANNI`NG COMMISSION ON AUGUST 5. 1
l. The development uhuU be based upon the following submitted exhibits except as modified
by the conditions below. These Conditions 0fApproval incorporate and are inaddition to
all approved mitigationrneaSurcs.
A. Revised Final Development Plan and Vesting Tentative Map, Discovery Boy West
dated received March 20, 1995.
B. Street ocape - BhdcrRond doted received January 11, 1995
C. Cross-section - Bis|erRoad dated received January l \. 1995
D. Typical play activity and soccer field area Discovery Bay West dated received
January 11, 1995.
` E. Preliminary development plan for proposed marina in Discovery Bay West- \/J\a-gca
III and IVdated received January | l. 1995
F. Geotnclioicu| lnvesti�u{\nnIlepo/1byf{|cinfe|der Associates dated February }` 1990.
G. Preliminary landscaping plan for Point ofTinher Road dated received Marc` 23,
1995,
H. ExhiNt ^C^ to the tentative cnnp dated roccired \1oroh Z], 1995,
I. uMonitoring Program aaapproved b> dieBoard Of8upen/isuonnJuly 9.
1996.
2. The \encythofapproval for the Final Development Plan o|_3O25-Band S[}968O23) for three
years. One ]-yearextension may bogranted for the prsubject|mc� subject to proper request and
approval, Thia approval is contingent upon the Board's adophon ofZ90')-IlZ for Villages
D, III, &Il\/.
]
The roauinounu number of primary residences aUoxcd fhr this p/o/ocr is 1.676. Second
residences may beapproved subject toland usepormitapproval,
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4. Further final development plan approvals will be required for the senior housing area, the
recreation center, the marina and if requested, an equestrian center. The final development
plan for the recreation center shall be filed before development of Village II. The final
development plan for the senior housing area shall be filed before issuance of the 300th
building permit in Village II. Prior to submitting a further separate final development plan
for the proposed marina, submit to the Planning Director an economic feasibility report and
analysis regarding the marina and related recreational facilities. If the proposed marina is
found to be feasible, the final development plan for the marina shall be filed before recording
the final map for any part of Villages III or IV.
Project Phasing and Staff Costs
5. The general phasing program for the development shall be acceptable to the Zoning
Administrator and shall be submitted prior to any site development. A detailed phasing plan
for each village shall be submitted prior to any development in a village subject to Zoning
Administrator review and approval. The applicant shall pay for all reasonable staff time
involved in administering the Mitigation Program after any leftover application fees have
been exhausted. This may include payment of fiends required for peer review of required
reports review, field visits, and response comments or reports as determined by the Zoning
Administrator.
6. The following actions shall take place during development of the project.
A. The park area in Village I shall be landscaped and provided with suitable amenities.
The cost of construction of the park shall be applied toward required park dedication
fees. The developer shall submit an acceptable landscaping/irrigation and phasing
program for the park development before issuance of building permits for the 100th
unit in Village L The park improvement shall be complete with the completion of
the school, the 300th unit in Village I or prior to issuance of building permits for
Village II, whichever occurs first. If private facilities meet ordinance requirements
credit may be applied to park dedication fees subject to Zoning Administrator
approval.
B. The recreation center may be phased subject to review and approval of the Zoning
Administrator. The first phase of the center shall be constructed prior to the issuance
of the 400th building permit in Village II.
C. The segment of the park-trail area and recreational areas around the lakes adjacent
to Villages 11, 111 and IV shall be landscaped and recreational amenities installed
prior to occupancy of the residences in the \icinity of the nearby neighborhood
cluster. Other recreational amenities such as trails, green �\ays paths shall be
constructed in conjunction with the residential development in the neighborhood
clusters subject to Zoning Administrator reg ieN\ and approval.
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Within Villages II, III & IV adjacent segments of the park-trail areas and amenities
shall be installed or bonded prior to occupancy of the adjacent residential units.
D. Prior to recording the Final Map for any phase in Village III allow for a trail
acceptable to the East Bay Regional Park District or other suitable public agency,
subject to final Zoning Administrator review and approval, along the alignment of
the East Contra Costa Irrigation District Canal to the Delta (Dredger Cut - Indian
Slough) area.
E. Dedicate development rights to the 200 acre Fallman Ranch east of Villages III and
IV to Contra Costa County or another acceptable agency prior to recording the Final
Map for any phase of villages III or IV.
Street Addressing
7. At least 30 days prior to filing the Final Map for any portion of this development, plans shall
be submitted for review by the Community Development Department, Graphics Section, for
street name approval (public and private). Alternate street names should be submitted in the
event of duplication and to avoid similarity with existing street names. The Final Map
cannot be certified by the Community Development Department without the approved street
names. Consideration of historical local areas and pioneers in East Contra Costa County
shall be used for as many street names as possible.
Police Services Funding
8. The owner of the property shall participate in the provision of funding to maintain and
augment police services by voting to approve a special tax for the parcels created by future
subdivision approval. The tax shall be the per parcel annual amount (with appropriate future
CPI adjustment) established at the time of voting by the Board of Supervisors. The election
to provide for the tax shall be completed prior to the filing of the Final Map. The property
owner shall be responsible for paying the cost of holding the election payable at the time that
the election is requested by the owner. (MM 8.7 and NIM 9.3) The police service district
shall be established over the entire site under one election or if acceptable to the Zoning
Administrator on a village by village basis.
Such provision shall include an additional initial level of police tax district funding of$25.00
per non-open space parcel in the project area, over and above the standard initial level of
$200 per parcel normally applied to the vesting tentative map approval for residential
subdivisions_ The added level of funding is intended to be used for augmented marine patrol
services, especially the enforcement of boat speed limits In the event that the State
determines to subvert the costs of marine patrol prior to the filing of a final map, this
requirement for the additional $25.00 shall be null and void
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EMF Notification
9. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the
applicant shall record the following notice or other appropriate notice as approved by the
Zoning Administrator.
"The subject property is located near a high voltage electric transmission line.
Purchasers should be aware that there is ongoing research on possible potential
adverse health effects caused by the exposure to a magnetic field generated by high
voltage lines. Although much more research is needed before the question of
whether magnetic fields actually cause adverse health effects can be resolved, the
basis for such an hypothesis is established. At this time no risk assessment has been
made."
When a Final Subdivision Public Report issued by the California Department of Real Estate
is required, the applicant shall also request that the Department of Real Estate insert the
above note in the report.
Farm Operation Notice
10. The following statement shall be recorded at the Count\ Recorder's Office for each parcel
to notify future owners of the parcels that they own properi in an agricultural area (MM 4.5
and MM 7.2).
"This document shall serve as notification that you have purchased
land near an agricultural area where you ilia\ regularly find farm
equipment using local roads; farm equipment :ausin- dust; crop
dusting and spraying occurring regularly, burning associated %%ith
agricultural activities, noise associated with farm equipment and
aerial crop dusting and certain animals and dies may exist on
surrounding properties. This statement is, again. notification that this
is part of the agricultural way of life near the open space areas of
Contra Costa County and you should be hilly a\\are of this at the time
of purchase."
Archaeological Concerns
11. Should archaeological materials be uncovered durinu Llradinv, 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 Societv of Professional Archaeology (SOPA) has
had an opportunity to evaluate the significance of the find and suggest appropriate mitiga-
tion(s), if deemed necessary and subject to Zoning Administrator review and approval. (MM
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A. If any significant cultural materials such as artifacts, human burials, or the like are
encountered during construction operations, such operations shall cease within 10
feet of the find, the Community Development Department shall be notified within
24-hours and a qualified archaeologist contacted and retained for further
recommendations. Significant cultural materials include, but are not limited to,
aboriginal human remains, chipped stone, groundstone, shell and bone artifacts,
concentrations of fire cracked rock, ash, charcoal, shell, bone, and historic features
such as privies or building foundations. (MM 11.1)
B In the event of discovery or recognition of any human remains on the site, 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 Contra Costa County has
been contacted, per Section 7050.5 of the California Health and Safety Code. (MIM
11.1)
C. Appropriate mitigation of the cultural resources may include monitoring of further
construction and/or systematic excavation of the resources. Any artifacts or samples
collected as part of the initial discovery, monitoring or mitigation phases shall be
properly conserved, catalogued, analyzed, evaluated and curated along with
associated documentation in a professional manner consistent with current
archaeological standards. (MM 1 1. 1}
Gradin and Dust Control
12. Contractor and/or developer shall comply with the following construction, noise, dust and
litter control requirements (MM 4. 1 and 6.2.2.2):
A. Noise generating construction activities, including such things as power generators,
shall be limited to the hours of 7:30 A.M. to 5:00 PAT, Monday through Friday, and
shall be prohibited on state and federal holidays. The restrictions on allowed
working days may be modified on prior written approval by the Zoning
Administrator.
B. The project sponsor shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition and shall
locate stationary noise-generating equipment such as air compressors and concrete
pumpers as far away from existing residences as possible.
C. At least one week prior to commencement of grading, the applicant shall post the site
and mail to the 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 be included The list shall be
kept current at all times and shall consist of persons with acrthorit_y to indicate and
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implement corrective action in their area of responsibility. The names of individuals
responsible for noise and litter control, tree protection, construction traffic and vehi-
cles, erosion control, and the 24-hour emergency number, shall be expressly iden-
tified in the notice. The notice shall be re-issued with each phase of major grading
and construction activity.
A copy of the notice shall be concurrently transmitted to the Community
Development Department. The notice shall be accompanied by a list of the names
and addresses of the property owners noticed, and a map identifying the area noticed,
D. 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.
id interference with existing
E. The applicant shall make a good-faith effort to avoid 1 with Z
neighborhood traffic flows. Prior to issuance Of building permits, the proposed roads
serving this development shall be constructed to provide access to each [lot] [portion
of the development site]. This shall include provision for an on-site area in which
to park earth moving equipment.
TDM Plan
13. Prior to the issuance of building permits for fixture development of the site, the applicant
shall submit a detailed TDM Plan for review and approval by the Zoning Administrator
(unless otherwise required by a TDM Ordinance). The TDM plan shall include measures
to encourage commuting such as park and ride lots, and fiber optic wiring of residences. Tile
approved TDM Plan shall be operative prior to final inspection of the first residence by the
Building Inspection Department. A telecommuting facility is encouraged and may be
designed as part of the recreational center or other appropriate location subject to Zoning
Administrator review and approval. (MM 6.2,2 and NTNI 6.2A.)
Child Care
14. Provision of a Child Care Facility or program is required for this development as required
by the County's Child Care Ordinance, The program shall be submitted for the review and
approval of the Zoning Administrator prior to the filing of the first Final Mal). A suitable
child care center should be developed III Village I In C011JUTICti011 with the school site subject
to review and approval of the Zoning Administrator and an agreement by the school district.
The child care center location can be modified SLIbleci to Zoning Administrator approval.
The child care center shall be in operation prior to occupancy of residences (other than
senior housing) in Village 11 or when the school is operational (NINI 8.2)
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Indemnification
15. Pursuant to Government Code Section 66474.9, the applicant (including the subdivider or
any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa County
Planning Agency and its agents, officers, and employees from any claim, action, or
proceeding against the Agency (the County) or its agents, officers, or employees to attack,
set aside, void, or annul, the Agency's approval concerning this subdivision map application,
which action is brought within the time period provided for in Section 66499.37. The
County will promptly notify the subdivider of any such claim, action, or proceeding and
cooperate fully in the defense.
Water Action from Boatiniz and Bank Erosion
16. Prior to development of the marina the requirements regarding wave impacts from increased
boating must be properly mitigated per the adopted Mitigation Monitoring Program. MM
1.1.7.
Project Construction
17, The project applicant will be required to comply with all necessary permits, including but
not limited to, the NPDES permit for Storm Water Discharges Associated with Construction
Activity as well as applying for inclusion in the General Stormwater Permit issued by the
State of California. The project applicant must also comply with all requirements of
construction permits for Contra Costa County. The applicant must obtain C.W.A. Section
404 and Section 10 permits from the Army Corps of Engineers for construction in wetlands
and navigable waterways for the marina as required by law (MM 1. 1,8)
Ground Water Hydrology
18. The developer shall participate in the establishment, prior to development of the site, of a
Ion(, term water quality management program, comparable to a program recommended by
Luhdorff & Scalmanini of the degradation of ground water quality. The appropriate
monitoring program will be one that identifies changes in quantity and quality of water and
provides for responses to these changes in a timely fashion. This can best be accomplished
by establishing a multi-aquifer monitoring network in cooperation with local agencies such
as the BBID, Delta Diablo Sanitary District (Sanitary District #19) and ECCID. Means
acceptable to Sanitation District 419 to finance the Ion`, term monitoring program shall be
developed prior to site development. The long-term monitoring program shall include
measures outlined in the Adopted Mitigation Monitoring Program acceptable to Sanitation
District 919. (MM 1.2. 1.)
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19. As recommended in Condition #18, above in the mitigation of the degradation of
groundwater quality and in the Luhdorff & Scalmanini reports, the developer shall
participate in the establishment, prior to development of the site, of a long-term monitoring
plan for the aquifer (regular monitoring of water supply wells currently in Discovery Bay,
water supply wells outside of the developments, and monitoring wells capable of monitoring
multiple aquifers) would identify changes in the quantity of water. Aquifer capacity and
renewable resources should be documented and properly managed to prevent overdraft. If
recoverable storage capacity of the aquifer is insufficient, an additional water supply source
shall be investigated and developed. Means acceptable to Sanitary District #19 to finance
the long term monitoring program shall be developed prior to site development. The long
term monitoring plan shall include measures outlined in the mitigation monitoring program
acceptable to Sanitation District #19. (MM 1.2.2)
Vegetation and Wetlands
20. The following measures are required for impacts to vegetation and wetlands. (MM 2. 1. 1):
A. Jurisdictional wetlands lost as a result of direct impacts of the project shall be
compensated by the restoration or creation of wetlands at a minimum ratio of 1:1.
Loss of significant natural wetland communities should be compensated for at a
higher ratio to be determined by parties involved and the Corps of Engineers as part
of the Section 404 permit process.
B. Compensation should be of the same habitat type as affected wetlands (i.e., in-kind
replacement) whenever feasible, or with the approval of Corps of Engineers, shall
be of habitats of higher botanical and wildlife value. Mitigation areas should be on-
site, if practicable, or located off-site within reasonable proximity to the project site.
County policy requires that the mitigation site be located within Contra Costa
county.
C. Mitigation wetlands should be located in a large contiguous parcel with transitional
zone and adjacent upland habitat to maximize the likelihood of success in creating
habitat capable of maintaining viable populations of native plant and animal species.
A buffer zone (preferably 50 ft. or greater in Nvidth) should be established and
maintained around the edges of all wetland and terrestrial habitat used as mitigation
for project impacts.
21. The following requirements are required for the mitigation of the damage to special status
plant species. (MM 2.1.2):
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A. The first choice in mitigation would be to alter the project plan to avoid direct
impacts on both individuals and habitats of these species. If such action is to be
taken, steps must also be taken to ensure that indirect impacts associated with the
project throughout its life do not significantly impact these special-status plants and
their habitat.
Alternatively, subject to measures outlined in the Mitigation Monitoring Program the
project applicant shall establish replacement special status plant communities located
either on-site or off-site within reasonable proximity of the project.
Advice on the mitigation project shall be sought from the California Department of
Fish & Game.
A means to fund over-site, long terrn shall be developed for this condition prior to
development of a site containing or causing such an impact.
Mosquito Abatement
22. Work with the Contra Costa Mosquito and Vector .-Oatement District staff to develop a
mosquito source reduction and management plan. The developer shall cooperate with
District staff in the development of a mosquito monitoring and source managernent plan.
Applicant shall fund the development of the plan.
Impacts to Special Animals
23. Impacts to Delta Smelt. (M,,M.. 2.2.5)
Prior to site development in any phase of project proper steps to implement the provisions
of the adopted Mitigation Monitoring Program in regards to delta Smelt shall be taken.
24. Impacts to Southwestern Pond Turtle. (MM 2.2.6)
Prior to site development in any phase of project property steps to implement the provisions
of the adopted Mitigation Monitoring Program in regards to Southwestern Pond Turtle shall
be taken.
25. Impacts to S%vainson's Hawk. (MM 2.2.8)
Prior to site development in any phase of project proper steps to implement the provisions
of the adopted Mitigation Monitoring Program in regards to the Swainson's Hawk shall be
taken.
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26. Impacts to Burrowing Owls. (MM 2.2.9)
Prior to site development in any phase of project proper steps to implement the provisions
of the adopted Mitigation Monitoring Program in regards to the Burrowing Owls shall be
taken.
27. Impacts to San Joaquin Kit Fox. (MM 2.2.10)
Prior to site development in any phase of project proper steps to implement the provisions
of the adopted Mitigation Monitoring Prograrn in regards to the San Joaquin Kit Fox shall
be taken.
Noise Impacts
28. Noise impacts to wildlife. (MM 4.2)
Prior to site development in any phase of project proper steps to implement the provisions
of the adopted Mitigation Monitoring Program in regards to wildlife shall be taken.
29. Noise conflicts between proposed uses. (MM 4.8)
New residences must be constructed so that interior D\L is 45 dBA or less and so that
indoor noise levels due to single noise events shall not exceed a maximum of 50 dBA in the
bedroom and 55 dBA in other habitable rooms.
Geology, Soils and Seismic Hazards
30. The excavation of soil around the marina and lakes must be rigorously observed by trained
professionals to identify any loose, clean sand and silt and peat in cut slopes; these should
be excavated and replaced with compacted fill that includes a buttress that has been properly
keyed into native soils and sediments and that has been properly constructed with engineered
fill. A soils/geotechnical professional site acceptable to the Zoning Administrator shall be
employed to monitor this measure as needed. (MM 3. 1)
A. The proposed mitigation for preventing-yround\\ater flow from the brackish aquifer
into surface water is to actively monitor excavation of the lakes. When flow from
sands is identified, the sand should be excavated and replaced with buttress fills,
keyed into less permeable clay-rich formations below the sand and constructed of
compacted clay-rich soils to discourage active float from the aquifer. (MM L2.4)
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B. The proposed mitigation for the flow of loose soil into the lakes is the same as for
mixing of groundwater and surface water. Excavation should be actively monitored,
and sands from which groundwater flows, which may erode the loose (heaving)
sands, should be excavated and replaced with buttress fills, keyed into less permeable
clay-rich layers below and constructed of less permeable material to discourage flow.
(MM 1.2.5)
C. At least 45 days prior to recording a Final Map, issuance of a gradient permit, or
installation of improvements or utilities, subject a preliminary geology, soil, and
foundation report meeting the requirements of Subdivision Ordinance Section 94-
4.420 for review and approval of the Zoning Administrator. Improvement, grading
and building plans shall carry out the recommendations of the approved report.
D. The report required above shall include evaluation of the potential for liquefaction
and seismic settlement.
E. Record a statement to run with deeds to the property acknowledging the approved
report by title, author (firm), and date. calling attention to approved
recommendations, and noting that the report is available from the seller and/or the
County.
F. At least 45 days prior to issuance of permits to grade and create the lakes on the site,
a suitable geotechnical report shall be submitted for the review and approval of the
Zoning Administrator detailing means to stabilize the lake bank in case of earthquake
and reduced possible liquefaction dangers in this area.
Impacts on Agricultural Lands
31. Suitable fencing shall be developed around projects periiiieters to separate residential uses
from surrounding agricultural lands and activities. (1L11 7,3)
Equitable sharing of the cost of the initial (and any subsequent) fence constructed to deter
trespassing, etc., is to be arranged between the primary developer and any other developer
who is active in the project area and benefits from the fencing if possible to do so.
Impacts on School Districts
32. Prior to recording the final map for any phase of this project, written proof shall be submitted
that compliance with the executed school mitigation agreement has been achieved.
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Increased Demand for Water and Sewer Systems
33. The site for Discovery Bay West shall be annexed into Contra Costa Sanitation District #19
prior to recording the final map on any portion of the development. (MM 8.3)
A. Completion of a water supply study and a water system master plan acceptable to
CCCSD 19 for the area within the Urban Limit Line is required as a condition of
project approval. The study must define a funding mechanism that ensures new
development pays for improvements to serve it exclusively.
B. In the study of water supply, include consideration of how to reclaim water and reuse
it. Reclaiming water and using reclaimed water are encouraged by the County
General Plan.
34. Annexation of the proposed project area into Sanitation District 19, predicated on agreement
by the district and The Hofmann Company on condition for annexation and fulfillment of
such conditions within an agreed-on schedule. Conditions would include determination of
technical standards and design of the expansion of the existing sanitary sewer system. (MM
8.4)
Police Protection
35. Measures to reduce or prevent crime incidents should be coordinated and include both
physical design measures (including lighting for streets, parking areas, and entries; clear
address signs; door and window security design and locks), social measures (including
neighborhood crime watches, anti-violence support <_roups, and education programs) and
legal measures (control in selected areas for selected types of ""ater activities, e.g.,
swimming,jet skis, etc.).
Plans to accomplish the above shall be submitted to the Contra Costa County Sheriffs
Department for comment prior to development of the site. (MM 8.7)
Fire Protection
36. Before recording any Final Map negotiate to design, construct, and equip a fire station for
service to the project area as required by the East Diablo Fire Protection District or its
representatives. The construction of the fire station can either fully or partially satisfy fire
fees. Later nearby developments may be required to reimburse the developer on a pro-rata
basis.
The primary developer must also design streets and other features in the project area to
accommodate fire and other emergency vehicles. (MIN4 8.8)
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Park and Recreation Facilities/Recreation Uses
37. General Plan standards for neighborhood park acreage and facilities are to be met by the
proposed project through arrangements acceptable to the Community Development
Department can be made by The Hofmann Company, such as the provision of "common
area" acreage for recreational use. Suitable improvement of the public park may be used to
partially meet park requirements as can up to 50% of the private outdoor recreational area
if large enough and high quality enough private outdoor recreational areas are provided
within the gated community.
38. Transfer of responsibility for security and management of the ECCID canal from the
Irrigation District to another entity such as the East Bay Regional Park District, which has
expressed an interest in the canal easement for development as a regional trail shall be
pursued. If an agreement cannot be made, The Hofmann Company may need to make other
arrangements with the Irrigation District, such as the addition of a suitable security fence.
Right of Farmine Ordinance
39. If the County's right to farming ordinance has been adopted prior to the issuance of building
permits on this site, the developer shall inform future owners of that ordinance informing
them of the right to farm within the Contra Costa COunt\ area.
Removal of Existing Water Wells/Hazardous-Chemicals on Site
40. Any hazardous chemical stored on the site shall be properly removed and disposed of under
County Health Services Department regulations. Am existing water wells on the site shall
be properly capped under County Health Services Department regulations. A Level I
hazardous waste assessment shall be conducted on the site prior to filing of any Final Map
that verifies that the site does not contain any hazardous waste.
Irri.Ration Districts
41. Prior to recording the final map for phases on this site, confirmation shall be received from
the Byron-Bethany Irrigation District and East Contra Costa Irrigation District that any
facilities they have on the site have been properly mored or removed as the case may be, or
as an alternative a letter from the District may be submitted indicating that they have no
facilities on the site that will be disturbed as a result of this development.
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East Bay Municipal Utility District Chlorine Facility
42. At present the East Bay Municipal Utility District stores gaseous chlorine one-half mile
north of the north end of the Discovery Bay West site. There may be plans to remove the
gaseous chlorine from the facility in the future. However, this has not been decided yet. If,
when development starts on this site, the gaseous chlorine facility is still in place then the
developer shall accomplish the following prior to the issuance of the first final building
permit for this project:
A. Give all residents, homeowners, and renters full disclosure regarding the presence
of chlorine at the EBMUD Bixler site.
B. The development shall support a proportionate share of the cost of the Community
Warning System (CWS), the emergency notification system being installed
throughout the County (which will include the installation of a siren system). The
systern is designed to warn the residents of the development if a large scale
accidental release of hazardous materials occurs.
C. The development shall ensure that the homes re as air tight as feasible by providing
superior window seals, door seals, positive closure for fireplace dampers, etc. A
periodic replacement program should be established as seals have a finite life. (To
reduce indoor air pollution, the homes should be thoroughly ventilated prior to
occupancy.)
D. All homeowners shall be provided with sufficient information regarding shelter-111-
place and the actions that should be taken in the event of an accidental chemical
release.
E. These instructional materials shall be �v ritten in plain language, and will be
developed in consultation with the Hazardous Materials Division of the County
Health Services Department, subject to the re\iew and approval of the Zoning
Administrator.
If the facility is removed or the process is changed then this requirement can be deleted
subject to Zoning Administrator approval after review b\- the Hazardous Materials Division
of the County Health Department.
If, upon further review by the Hazardous Materials Dlvision of the County Health Services
Department, it is determined by the Health Department that the chlorine facility could not
have a significant effect on Village I, then the abo\e condition can be modified subject to
Zoning Administrator review and approval.
16
Design Revisions and Concerns
43. Guide for development and use provisions for this site shall be as follows:
A. Private Road Area. Setback of residential units may be varied from 10 feet minimum
except that garages shall have a setback of at least 17.5 feet provided vertically
opening garage doors are used otherwise a 20 foot garage setback is required. The
R-6 zoning district shall be used as a guide for the residences height, lot use or lot
coverage of the site.. Detached sheds or outbuildings shall be limited to a height of
12 feet. Zero lot line or duet lots, including 0 ft. side or rearyard garage are
acceptable. Minimum aggregate sideyard is to be 10 feet. Corner lots shall have a
secondary setback of at least 5 feet.
B. Prior to the issuance of building permits, the applicant shall submit samples of color
and exterior materials for the review and approval of the Zoning Administrator. The
fences between lots shall be of solid wood and shall be at least 5-feet high. The
residences of this development shall be finished in suitable color and shall be
complimentary. Houses along Bixler Road shall have appropriate sound reduction
measures built in acceptable to the Zoning Administrator. Residences along Bixler
Road, Newport Drive and Point of Timber Road shall have architectural
enhancement measures at the back of the unit and rearyard setbacks shall be varied.
C. At least 15 days prior to issuance of building permits for any phase of project a
residential fit plan showing the location of planned homes shall be submitted for the
Zoning Administrator's review and approval. The plan shall include information on
the number of stories planned for the residence for each lot and the proposed
setbacks.
D. Prior to issuance of building permits for anv phase of the project, and at least four
widely different plot plans for Villages I1, I11 and IV shall be submitted for review
and approval of the Zoning Administrator.
E. Details of the design of the walls and landscaping proposed along Bixler Road, Point
of Timber Road, and Newport Drive shall be submitted for the review of the Zoning
Administrator after review and approval of the Public Works Department. The walls
may be built in phases. The plan shall be acceptable prior to issuance of building
permits in any phase of the project. There shall be no exclusive project identification
sign at the corner of Bixler and Point of Timber Roads.
The landscaping strip along the south side of Point of Timber Road and west of"D"
Street shall be widened to the same width as that proposed on the vesting
tentative/final development plan for the area east of"D" Street
17
44. A community center shall be provided as part of the Discovery Bay West project. The
location and size of the community center shall be determined prior to the filing of the Final
Map for this development or any phase of this development. The Hofi-nann Company shall
dedicate the site and pay 50% of the building construction cost, including landscaping and
parking lot costs. The community center shall be constructed within 12 months of the
issuance of the first building permit provided Discovery Bay community secures its 50%
share of the construction costs. If the Discovery Bay community has not secured their 50%
share of the building construction costs prior to issuance of the first building permit, the
community center shall be constructed within one year of the community securing said
funds. The community center shall generally be located at the northwesterly corner of the
intersection of"D" Street and Newport Drive as shown on the staff sketch dated March 24,
1995, located in the project file unless an alternative site is agreed upon prior to recording
the Final Map for this area of Village I.
A site shall be designated in Village I. If a site is agreed upon in another area of Discovery
Bay then the site may be developed subject to Zoning Administrator review and approval.
The site upon which the Discovery Bay Community Center is to be build will be jointly
determined by The Hofi-tann Company, Discovery Bay NI.A.C. and Contra Costa County.
45. Prior to recording final maps for any phase of Villages II. III and IV on a village by village
basis, the developer shall submit detailed landscape plans and facilities plans for the
recreation centers and other landscaped areas for the reg iew and approval of the Zoning
Administrator, and if maintained by a public agency, that public agency. Each recreational
area shall include suitable and adequate active recreational facilities. Provide an additional
recreation area west of proposed "00" Street in Village IV and at least one recreational area
on the island one near the marina. Suitable parking ba\s or lots shall be provided near the
recreational center.
46. At least one bridge connecting the island in Village IN% to the main land shall be high enough
above the normal water surface in the lake so that a small boat with seated operator or
passengers can pass under the bridge with adequate and safe clearance for the occupants as
long as if this does not adversely affect the maintenance or water quality of the lake.
47. Lots within the loop roads in the western portions of Villages II, I11 and IV shall be oriented
toward the lake as shown on the staff plan dated March 24. 1994 detailing that plan located
in the file.
48. The potential exists for increased risk of flooding over time due to the possible rise in sea
level and/or site subsidence. The project property o\\hers shall be informed by disclosure
statement of the potential for future requirements for le\ees around this site and the potential
associated costs if those levees should be needed as a resUlt of sea level rise and/or site
subsidence.
18
49. The garage area of each residence shall be wired for electric car recharging subject to the
review and approval of the Zoning Administrator, and subject to the adoption of final Board
policy mandating this.
Homeowners Association Formation
50. Prior to filing the map, the applicant shall create a homeowners association or similar
mechanism to provide for the continued maintenance of all private permanent open space,
lakes, recreation centers, marina, trails and other landscaped areas.
51. Covenants, Conditions and Restrictions shall be submitted for review with the Final
Subdivision Map, and shall be subject to review and approval of the Zoning Administrator
as they pertain to the conditions of approval. This dOCLI111eilt shall provide for establishment,
ownership and maintenance of the private corm-non open space and parks, and parking area,
fire protection, fencing, private streets and drainage maintenance, keeping of pets and
establishment of signs.
The Covenants, Conditions and Restrictions (CC &- Rs) developed for this project shall
include the following restrictions:
A. (Example) No recreational vehicle, boat, boat trader or mobile home shall be Stored
on the site overnight in frontyard driveways or the street overnight. Exterior
'D
materials and colors shall not vary from the palette approved for the original homes.
B. If the home occupation meets County ordinance requirements, then the Zoning
Administrator may administratively approve the request.
Road and Draina,(,,e
52. The following requirements pertaining to drainage, road, and utility improvements will
require the review and approval of the PbLdIC Works Department:
A. ORDINANCE REQUIREIVIENTS�
The applicant shall be reqUrled to comply with the requirements of Title 9 of the
County Ordinance Code which Include, but are not limited to the following
requriernents:
� .
`
19
D
In accordance with Section 92-2.006 of tile Ordinance Code, this subdivision
shall conform toall applicable provs1ionsof the Subdivision Ordinance (Title
g). Any exeptions therefrom must be specifically listed in these conditons of
approval. The drainage, road and utility
' s outlined below 3h8i
require the review and approval of the Pbulic Works Department and are
based on the Vesting Tentative Mop. Final DcvelpOnnrnt 9}on dtcd March,
1995, submitted toPublic works.
An exception to uUovv uO.75Y6 minimum grade is allowed subject toPublic
Works approval providing:
u. The 'yoi| c ncer rccoromends reduced grades and signs the
improvement p|xncnnd
b. The applicant warron�cth� cu/h flow from p0ndm� for five years
following completion. The curh shall be inspected and repaired
4nnuaUy.
2\ Division g\4 of the Ordinance Code requires that all storm waters entering
� �' within (hc nu6icc< property shall be conveyed, without
or on�mn m� vv/ m -, ,,°�`".
diversion and within on adequate storm druinag,c fuci\ity, to o natural
vvuteroourschmjng definable bed and bank—, or to on existing adequate n1onn
drainx(,e facility which conveys the storm waters to u natural watercourse,
This project nrcosonh|y inro\vcs sonic diversions of watershed. 7{ovvcvur,
since these diversions ucnerxUv dischory to \idcn| bodies of water with
odoqunto cross section and capacity, [hese diversions may be considered
appropriate, suNcct to re\iex/ and npprora\ ofPublic Works.
3) ConveyinQ storm waters in an adequate storm dram syseon to u: duly
organized }lomunv/n�rs '��sociation. ��uoicipn| ln�provonucn\ [)ia��ctor
Doc\nmudmn District drainage mu�� fu/c|kv scni:'o the area, is acceptable,
pr0v�n� \hcapp|icxn[ obtains a letter �hul �uh�y nu�op�i�� the drainage.
Proivdc opproiprinic drainage releases vhcnc public */uteo enter private
facilities.
4) Diversions resulting in dischargeo[storiii «alcrs into the [on1ar Costa Conu
or any other water ronve!ancc or impounding facility for domestic water
consumption icpn)hihi1cd hythe Ordinance Code. {tiaackno|edgcdthat
a(Tncv u|t ral lands pi-sent|y drain (,to �hc � (.lDOaci|ity
5) Forxny1hin-, in thosecondiroins ofxpprorai v/hioh is suhiec/ to thc upponvo|
ofPublic Works, such approval shoU no/ be unronsonnh|yvvithhuJd,
h,
20
B. TRAFFIC MITIGATION FEES:
The proejct traffic mitigaiton fees will be collected at the time of the building permit
for each residential unit of this development. No mitigation fees will be collected
from non-residential construction. The project traffic mitigation fee shall consist of:
* The Eastern Contra Costa Subregional Transportation Mitigation Fee
(ECCSRTMF). This fee is for construction of the State Highway 4 Bypass.
* The East County Regional Area of Benefit fee (ECRAOB). This fee is to
improve local roads identified on the Circulation Element of the County
General Plan.
* The Project Traffic Mitigation Fee. This fee is $6,500 (revised annually to
reflect inflation, using the State of California Construction Cost Index as
published annually by Caltrans, as a reference) less the East County Regional
Area of Benefit fee and isu sed to mitigate project impacts not covered by the
above fees.
The difference between the adjusted $6,500 Project Traffic Mitigation Fee and the
ECRAOB fee shall be put into an interest earning Road Improvement Trust (Fund
No. 819200-0800 or other project specific fund) to be used to mitigate off-site local
road and intersection improvements as reasonable determined and approved by the
Public Works Department, which are identified in the EIR or the Flexible Mitigation
Monitoring Program, and are not included in an established area of benefit. These
funds will not be used for on-site improvements: frontage improvements, the off-site
improvement of Bixler Road from the proejct to State Highway 4; improvement of
Point of Timber Road from Bixler Road to Bvron Highway, the project's 50% share
of the signal at the Bixler Road-State Highwae 4 intersection, signalization of the
State Highway 4-Discovery Bay Boulevard intersection; or any necessary
construction traffic mitigatin along the specified project construction haul routes.
If, after the 500th Building permit, the Flexible Mitigation Monitoring Program
determines that traffic assumptions have changed significantly and a modification
to the mitigaiton is necessary, the adjusted 56.500 traffic mitigation contribution
shall be modified at the 501st Buidling Permit and/or the 1201st Buidling permit to
reflect the additional mitigation not identifed in the ECCSRTMF or the ECRAOB.
C. PUBLIC IMPROVEMENTS:
1) Flexible Mitigation Monitoring Program
21
The applicant nho| work with Public Works to set up uFkexK7|o Mitigation
Monitoring Program. The program shall allow the dova|ppmmoentofupto
500 units based on these conditions of approval, plus additional units subject
to review ofthe traffic assumptions in theEIIl.
u. The traffic assumption review shall take the form ofuletter report
summarizing the observed project development trip
generation/distribution and the most current roadway improvement
assumptions inEast COunty. This new iufbramotion will be compared
with tbeElFl assumptions and u reasonable conclusion made as to
whether ornot traffic assumptions have changed which could result
in ne)v` or additional, uigui/diant project impacts to the surrounding
road network not already identified inthe E)\l.
b� The BnxihbM\tigationi Monitoring Program will review the traffic
assumptions no sooner than at the 400th unit and the \l0Oth unit, and
shall becompleted respectively hythe 500th unit and the 1200th unit
to determine ifthe traffic assumptions in tbcEnvironmentu| Impact
Report are adU valid (scheduling of irnp\enuecto1ioin Of the State
Route 4Bypass shall hcconuidernd)
) If the in\du| uosunnpt\ons mudn are o(Ul valid, the mnitiguiton
measure vvU| remain uwillncho��cd, and the applicant will
required tocomply with the conditoinoofapproval asstated,
and continue to contribute S0,500 per unit (revised annually
to reflect inOation, uuinId1C State oFCalifornia Construction
Cost Index aspublished annuuUybyCaltrans, uuareference)
for odd\tono| off-site road improvements, after the first 500
units and the first 1200 units, respectively.
2
If the traffic assumptions have significantly changed for the
worse and there could be new, or additional, significant
project irnpactsnnL identified in thcEIK. the applicant Shu\\
porfbrnn a more detailed traffic study to determine traffic
impacts ofthe next plixse nfdnvc\0pincnt
(e.g.. 501 to 1`200
or 1,200 tob /|doo�) and recommend nnit/god/on nuuuurns
based on the new traffic assumptionsThe traffic study, and
the proposed traffic n (/gn\inn measures 8hn|} be subject to
the review and xpp/orn\ of Public Works. The traffic
mi(i oUiun nieosurcs, d'di�e/�nntfromthose idonhfied in the
E|R, may be subject /o review at a public hearing, Any
significant pn �c/ rdn|�dnnOioinnpoo� nvh\chqualify
Y �
for the 5CR&(]B or other Cee area v/U) be the responsibility
22
Newly identified significant traffic impact shall require
mitigation only if the level of service does not meet the
adopted traffic level of service standard. The project
applicant shall arrange for mitigation of such newly identified
significant and warranted traffic impacts prior to issuance of
the 650th Building Permit, and again prior to issuance of the
1350th Building Permit, if necessary.
3. Impacts which were identified in the initial EIR project list
will be considered satisfied for that increment of time if the
initial or subsequent traffic assumption review shows impacts
are insignificant (subject to the review at a public hearing if
required by law), and the approval of the Zoning
Administrator. (FINDINGS FOR IMPACT 436, N/IMA.C,)
C. The applicant shall submit a biannual Flexible Mitigation Monitoring
Program update to review road intersections and the overall road
system and to recommend potential expenditure of this project's
mitigation funds corninencim-, at the 650th Building, Permit and
biannually continuing, annually with the last report issued at the 1900th
I
Building permit.
ID
d. The applicant shall pay for all reasonable and Verifiable staff time
involved in preparation of the staff study, the Flexible Mitigation
Monitoring Program, the proposed taffic mitigation measures, and
monitoring of the project and re%iew of these. studies, program and
monitoring.
C
e. The project applicant shall pay its share of the costs of the future
environmental review documentation required for: any necessary
modification of the project EIR. new project traffic mitigation not
identified with these project approvals, modification of the area of
benefit to reflect additional pro.iects as a result of Discovery Bay
West-, and modification of the County General Plan to accommodate
the same purpose. The applicant shall only be required to pay a fair
share of the cost of modification of the area of benefit program if
projects are being added throughout the program areas. However, if
the area of benefit is modified sole!%, at the applicant's request to add
mitigation measures from this project, then the applicant shall bear all
costs.
23
2) Construction Truck Traffic Mitigation
a. Prior to issuance of the first residential Building Permit, the applicant
shall widen Bixler Road off-site to a minimum width of 28-feet from
the limit of Permit 3431-91 and Subdivisions 7679 and 7881
obligations to the Phase 1 project entry. At the applicant's option,
these widening improvements may be either an interim improvement
or a portion of the ultimate improvements discussed in 3)c. below.
If a 28-foot width has not been constructed from the southerly limit
of thIe applicant's responsibility to State Highway 4, the applicant
shall widen Bixler to a 28-foot minimum width all the way to
Highway 4. Any permanent or "ultimate" improvement constructed
by the applicant which is the obligation of the properties involved in
the above noted developments shall be subject to reimbursement
through reimbursement agreements administered by the County. The
applicant shall direct construction related truck traffic to the site via
Bixler Road from State Highwav 4, restricting construction related
damage essentially to only Bixler Road. (FINDING FOR IMPACT
##68, M MB.c.). At the developers option, construction truck traffic
may also use Point of Timber Road after it has been widened to 28
feet. Applicant shall submit improvement plans, pay inspection and
plan review fees for these road improvements.
The applicant may use Newpoi-t Drive for no more than one month as
a construction detour while Bixler Road is under construction. In no
case will Newport Drive be used as a construction haul route.
In order to determine the pre-protect road conditions the applicant
shall, prior to pried grading. provide a video road survey for the
following roads: Balfour Road from Bixler Road to Byron Highway;
Bixler Road north to Orwood Road, and Marsh Creek Road from
Bixler Road to State Highwav 4
b. Construction Road Maintenance Agreement
The applicant shall execute a bonded construction road maintenance
agreement assuring the County that the specified project haul route(s)
will be maintained in a convenient. passable condition throughout the
construction period. The bond shall consist of a cash bond of
$15,000 together with additional security totaling the cost of
upgrading of the specified project haul route(s). The bond shall be
^ .
^ `
24
provided prior to the approval of the first phase subdivision
improvement plan and ahn]} ronnain in effect until the haul routes are
improved to handle the traffic, or until upgraded construction in '
completed.
C. Construction truck \ruffio monitoring: If the applicant uses non-
designated streets for construction truck traffic, lie shall ncVaic the
roodsto the pre-project condidon prior to filing the next Final Map
subject to the review and approval of 9uh|io Works, If the
maintenance is not c0rnp|cted in u timely |naoncr. the County will
activate the Construction Road Maintenance Agreement for funds to
perform the maintenance.
d Provide sufficient parking on-site for construction crcvva and
associated personnel. The applicant shall not permit construction
crews and equipment to park along, currently existing public roads or
interfere with neighborhood ugricu}\uru| operations.
e. Applicant shall indicate on all oubcontracts, hu|b and cuotorn lot sales
contracts, homeowners usooci,Kiondocunncots, et al, that construction
truck traffic nbn}| use State Highway 4 and Bixder Road as
construction access to this devc(opnnen1, unless other routes have
been specifically designated by applicant as outlined in 2)a, above.
]) BidecIlood Fronta�cImprovonocnts�
a. Applicant shall construct 8ix|cr }load paveou6n\ widening with tile
easterly curb fact established by fioX assuring u ouininnunn 5-foot
clear distance fiom any ditches on the westerly side to the edoe of
any required paved shoulder and thereafter providing the required
lane and shoulder widths, but not less than 32-feet fincn existing
centerline.
h Existing 8ix|cr Road shall be reconstructed` or ovcdoycd if studies
vvnrronL The povomcn\ shall be striped to provide one 12-bzot
northbound lane with n 6-foot xhoo\der, one \2-fbm1 southbound lane
plus shoulder, plus neccnsarychxnne|izntion at intersections Oronn the
southerly boundary ofVillage ltoBalfour road.
C. Bix|trIloud shall be a 36-foot road width (2 ' 12-foot lanes and 2 -
6-foot shoulders) §nm Bx|fburRoad to the northerly boundary of
. .
`
- ^
. ..
25 �.
centerline. The westerly portion of the existing roadway may beused
as u separated southbound bikepath/equestrian trail.
delineation should not allow vehicle traffic tn use this portion 0fthe
old roadway.
d� Construct curb, 5-font 6-inch sidewalk (width measured from curb
face), street lighting, landscaping and irrigation /]�IR Mitigation
RJV[Cir-22\. (FINDING FOR INTACT #5l, D/DMC.c.)
e� Thc'npp|icant nhuU be required to construct safety improvements
along the frontage ofthe Evan's property.
f Pnds.forthc proposed bus shelters, bicycle racks and/or lockers shall
bcclear ofthe sidewalk area at potential bus stops.
9- Provide necessary longitudinal and transverse drainage along the east
side only.
b. The applicant may ucod to remove and replace the r0odvv&y if
required by the grade, uUgnnicnt analysis and determination of
structural adequacy, subJec< to the review and approval of Public
VV0rkS
i The applicant shall subinii inoprnruocnt plans and pay inspection and
plan review fees prior to filing, ofthe Final N4ap-
4\ 8ixicr6lom], Off-Site Improvements:
u' Rix]cxll0ad�
LThe applicant shall widen and overlay Bixler8omj from the
p jJectshctothcnorthcr\? hmitofthcpn]yOoed8ubdivis\On
7679, Subdivision 7881 and Permit 303l-gl obligations to a
34-foot pnvcn}nnt width (FINDING FOR IMPACT #5[
MM.<.c], and construct required rno6ificationstothe ditch
syuen to nooirkuin cxistin'- capacity if necessary. The
applicant shall bond for these off-site improvements prior to
issuance ofthe 4OOth Ilvi)d\n- Penni1 or issuance oFBui|dio)
Permits in \/iUuots Ol or IV and shall complete the
improvements within one !-eurthereafter, The applicant shall
remove. replace and oidbh the roadway if required by the
a\/gnmcm unoyosand/or
� ldxtennino(\on of structural
26
adequacy. If replacement of the pavement is not required, the
applicant may be required to level, overlay and transition,
subject to the approval of Public Works. If the developers of
Subdivision 7679, Subdivision 7881 and/or Permit 3031-91
have not bonded and/or constructed Bixler Road to a 34-foot
width all the way to State Highway 4 prior to issuance of the
400th Building Permit, the applicant will be responsible for
bonding and constructing the additional pavement to provide
a 34-foot width over any deficient segment of Bixler Road.
2. If Bixler Road is reconstructed the minimum road grades will
be adhered to.
3. The off-site Bixler Road improvements shall be designed,
prior to filing of the Final Map for Village II. The applicant
shall submit improvement plans and pay inspection fees and
plan review fees prior to tiling of said Final Map.
4. The applicant shall provide additional right of way, if
necessary for the roadway and portions of the ditch system
conveying project storm waters, subject to the review and
approval of Public works. At applicant's request and expense,
Public Works will obtain the necessary easements and rights
of way.
5. It is understood and acknowledged that certain portions of
these off-site Bixler improvements may be impossible or
impractical to construct due to wetland regulation or policy
requirements. If Public \Works determines that such occasion
should arise, the applicant may be permitted to reduce the
shoulder requirements, but in no case shall less than 28 feet
of pavement be provided.
b. State Highway 4 Signal at Bixler Road and at Discovery Bay
Boulevard:
I. Arrange for Signalization of the State Highway 4 intersection
at Bixler Road prior to issuance of 200 Building Permits in
this development if not already assured or completed by
others at that time. Fifty percent of the signalization cost of
the Bixler Road si`Tnal is reimbursable from the property
owners at the northwest and northeast quadrants of this
intersection. One hundred percent of any widening costs for
Bixler Road is reimbursable from the same parties.
27
Submit improvement plans, pay inspection and plan review
fees, and apply for a Caltrans encroachment permit prior to
improving the intersection.
2. If the Bixler Road traffic signal has been installed, the
applicant shall contribute 50% of the cost of the traffic signal,
prior to issuance of the 200th Building Permit, to a Road
Improvement Fee Trust (Fund No. 819200-0800) designated
for reimbursement for its installation.
3. If the Bixler Road traffic signal is not warranted prior to
issuance of the 200th Building Permit, the need for the traffic
signal at the State High\vav 4-Bixler Road intersection shall
be analyzed by the Public Works Department prior to filing
each Final Map, up until the 1800th lot when the applicant
shall contribute a cash deposit, equal to 50% of the signal
construction costs a�, determined by Public Works, to a
County Road Improvement Trust (Fund No. 819200-0800).
4. The applicant shall bond for the State Highway 4-Discovery
Bay Boulevard traffic signal prior to filing of the first Final
Map. The traffic signal shall be installed and operational one
year following the issuance of the first building permit,
exclusive of model homes. It the traffic signal is not
operational within the one year period. no further building
permits will be issued
5) Point of Timber Road, On-Site (Bixler Road to the east):
a. Bixler Road to "D" Street:
1. Applicant shall reconstruct Point of Timber Road to at least
a 60 foot curb to curb pa\ement vvidth within an 80-foot right
of way from Bixler Road to "D" Street with Village I.
2. Construct curb, 5-foot 6-inch sideNN alks (width measured
from curb face), necessary longitudinal and transverse
drainage, street lighting, landscaping and irrigation.
3. The right of way line shall be located at least 10-feet behind
the curb face.
4, Provide necessary longitudinal and transverse drainage.
M a
28
5. The applicant shall submit improvement plans and pay
inspection and plan review fees prior to filing of the Final
Map for this portion of Point of Timber with the improvement
plans for the subdivision creating the 250th lot.
b. "D" Street to the Easterly Boundary of Village I:
1. Applicant shall install (on the south side) curb, 5-foot 6-inch
sidewalk (width treasured from curb face), necessary
longitudinal and transverse drainage, street lighting,
landscaping and irrigation and grade the ultimate roadway
with construction of Village I improvements abutting this
segment. The location of the frontage improvements shall
provide for ultimate widening of the roadway to a 40-foot
pavement width; widening to at least a 56-foot width at the
"D" Street intersections. and necessary conforms.
2. Construct curb, 5-foot 6-inch sidewalks (width measured
from curb face), necessary longitudinal and transverse
drainage, street lightin-g, landscaping and irrigation along the
north side of the roadway, with construction of Village II
improvements.
3 Construct road with Village II improvements.
4. The right of way line shall be located at least 10-feet behind
the curb face (30' from centerline).
5. Provide necessary longitudinal and transverse drainage.
C. From the Easterly Boundary of\ illage I to the Easterly Boundary of
Village 11:
1. The applicant shall widen Point of Timber Road: to at least
a 28-foot pavement width, and provide necessary conforms at
the easterly boundary of Pillage I and the easterly boundary
of Village II as part of the improvements in Village 11. The
curb face shall be located 20-feet north of the existing road
centerline (east of Village 1. the southerk widening, beyond
28-feet total width, shall be the responsibility of others).
29
2. Construct (on the north side) curb, 5-foot 6-inch sidewalks
(width measured from curb face), necessary longitudinal and
transverse drainage, street lighting, landscaping and irrigation
with construction of the abutting portion of Village II.
3. The right of way line shall be located at least 10-feet behind
the curb face (30' from centerline).
4. Provide necessary longitudinal and transverse drainage.
6) Point of Timber Road, Off-Site (west of Bixler Road):
a. Point of Timber Road from Bixler Road to Byron Highway:
I. Submit improvement plans, pay inspection and plan review
fees prior to 200th Building Permit.
2. Prior to issuance of the 300th Building Permit, widen and
reconstruct, if necessary, Point of Timber Road to a 28-foot
pavement width (t-,,,o 14-foot lanes with 2-foot compacted
shoulder backing and maintain ditch capacities. This work is
intended to divert project traffic away from Balfour Road
(EIR Mitigation Measure RMCir-21) (FINDING FOR
IMPACT 450, MM.B.c.)
3. The applicant with the cooperation and assistance of Public
works shall provide additional right of way, if necessary, for
the roadway and the ditch system, subject to the review and
approval of Public \Forks
b. Point of Tiniber Road/Byron Hio.:hway/State Highway 4 Intersection
Modifications:
I. Submit improvement plans, pay inspection and plan review
fees and apply for a Caltrans encroachment permit prior to
issuance of the 400th Building Permit.
2. Prior to the tiling of the first final map for Village II1, the
applicant shall realign the Point of Tirnber Road - Byron
Highway intersection and the Byron Highway - State
Highway 4 intersection and install a traffic signal, subject to
the review of Caltrans and the review and approval of Public
Works (the Byron High«-ay improvements shall include 5-
foot shoulders and channelization).
30
3. The County at applicant's request shall acquire all additional
right of way, if necessary for the roadway and the ditch
system at applicant's expense.
4. One hundred percent of these intersection improvements and
right of way acquisitions shall be eligible for reimbursement
from the ECRAOB.
7) Project Improvements:
a. Prior to issuance of the first Building Permit, approval of the first set
of improvement pians or first Final Map, install signage along:
Balfour Road, Point of Timber Road, and Marsh Creek Road
westerly to State Highway 4; and along Bixler Road north of State
Highway 4, to warn project traffic of farm vehicles and provide farm
vehicle crossings (EIR Mitigation Measure RMCir-23) (FINDING
FOR IMPACT 952, MMD.c.)
8) Road Dedications and Reservations (for Public Roads):
a. Bixler Road. Applicant shall convey to the County, by Offer of
Dedication, the right of way necessary for at least the east half of the
planned 84-foot right of way width along the frontage of Bixler Road.
The eastern side of the right of\\ay shall be increased at the project
access points along Bixler Road to provide for channelization for
turning movements to and from this development. The right of way
line shall be located at least 10-feet from the curb face.
Off-site, the applicant shall provide for adequate rights of way or
easements for the proposed road improvements including the ditch
systems, however, the Countv= n-iil conduct the acquisition of at
applicant's costs if applicant requests.
b. Point of Timber Road: Applicant shall convey to the County, by
Offer of Dedication, an 80-foot right of way between Bixler Road
and "D" Street. East of"D" Street, the applicant shall convey to the
County, by Offer of Dedication, a 60-foot right of way, plus
additional right of way for left turn channelization and conforms
along the project frontage, where this development fronts on both
sides of the road. Where this development only fronts on one side of
Point of Timber Road, the applicant shall dedicate at least a 30-foot
right of way (measured from the centerline of the existing right of
way) (EIR Mitigation Measure RiACir-32). The right of way line
shall be located at least 10-feet from the Curb face.
31
Off-site, the applicant shall provide for adequate right of way or
easement for the proposed road improvements including the ditch
systems, however, the County will conduct the acquisitions at
applicant's costs if applicant requests.
C. Pantages access along west side of the lake: Applicant shall provide
a 56' maximum revocable reservation for a public roadway for a
possible future road along the western edge of the lake on the
Pantages property (FINDING FOR IMPACT #61, MM.M.c.), if the
owner/developer of the Pantages property can demonstrate that this
road cannot feasibly be located on the Pantages property outside
wetland and riparian areas within two years of applicant's filing first
Final Map for Village II. Just prior to the filing the first Final Map
for Village II, the applicant shall mail to the owner of the Pantages
property, by return receipt certified mail, a notice that they have two
years to determine how much, if any, of the reservation is needed for
their access. The notice shall be reviewed by Public Works prior to
being mailed out and a copy of the mailed notice and return receipt
shall be submitted to Public Works prior to filing the final map. The
revocable reservation shall be for the purpose of allowing a future
extension to the north to serve the northerly portion of the Pantages
property, if this area can be proven to be feasibly developed, and all
other portions of the roadway are located on the Pantages property.
d. The applicant shall provide right of v,-ay for future bus turnouts on the
Bixler Road and Point of Timber Road frontage of this property at
appropriate locations in consultation with the responsible transit
authority. Adequate right of -vvav shall be provided for the bus
turnouts, and the future bus shelters, bicycle racks and/or bicycle
lockers.
9) Abutter's Rights of Access (Public Roads):
a. Relinquish abutter's rights of access along Bixler Road and Point of
Timber Road, including curb returns. Access shall be permitted at
the access points specifically approved with this project. Access
points shown on the Preliminary Development Plan and the following
additional points shall be permitted
Another Bixler Road access point either north or south of the
ECCID Canal at least 800-feet from the other project access
points.
iti
32
One or two Point of Timber Road access points each at the
community center and multiple family areas.
Emergency vehicular access locations, park and right lots,
pedestrian access points, and at the proposed RV storage area.
1-1
b, Prohibit all single family residential driveway access onto major
collector or arterial roads that provide project-wide circulation(BIR
Mitigation Measure RMCIF-29) (FINDING FOR IMPACT #58,
MMJ'C.)
10) Sight Distance (Public Roads):
a. In accordance with Caltrans standards provide for adequate corner
sight distance at:
The project entrances to Bixier Road for a design speed of 55
miles per hour.
Other intersections with Point of Timber Road for a design
speed of 40 miles hour,
11) Street Lights (Public Road):
a. Street lights shall be installed on the public roads, within this
subdivision and fronting this property, and. the entire property
annexed to County Service Area L-100 for maintenance of the street
lighting. The final number and location of the lights shall be
I
determined by Public Works, Application for annexation to CSA L-
1 00 Lightin<.), District shall be submitted prior to the Final Map.
12) Bicycle/Pedestrian Facilities (Public Roads).
a. Construct a 6-foot rneandering asphalt concrete sidewalk along the
east side of Bixler Road from Village I site to the sidewalk proposed
in Permit 303)1-91 (the UjdUr property) (FINDING FOR IMPACT
#51, MMC.c.). Where the side\vaik is adjacent to a roadside ditch,
it shall be located a rnin11111-1111 of-feet from the top of the roadside
ditch.
OR, C01IStrUct a new 5-foot 6-inch concrete sidewalk (width
measured from back of curb, if adlaCellt to curb) along the west side
of Newport Drive to Keilon-, Creek. connecting with the proposed
ZZwI
pathway location in Permit 3031-91. This improvement (either
33
alternative) shall be constructed within six (6) months of the
completion of the first commercial use in Permit 3031-91 or at
request of Public Works.
b. Provide bike lanes with a minimum width of 5-feet on the following
streets: Bixler Road; Point of Timber Road from Bixler Road to the
east; Newport Drive, "F" Street and "D" Street. Prohibit parking or
provide adiquate additional pavement width,
13) Utilities/Undergrounding (Public Roads):
a. All ,utility distribution facilities shall be installed underground,
including the existing overhead distribution facilities along the
frontage of Point of Timber Road and the easterly frontage of Bixler
Road.
b. Relocate and/or adjust utility distribution facilities, where necessary,
for all other off-site improvements.
14) Landscaping (Public Facilities):
a. Prior to filing each final map, the applicant shall apply to the Public
Works Department for annexation to the County Landscaping District
AD 1979-3 (LL-2) for the fixture maintenance of public landscaping
and irrigation facilities in median islands, parkways, and other- public
project areas not k ithin the `rated areas of Villages II, III and IV
("open space" is specifically excluded).
b. Prior to filing each final map, t�\o sets of landscape and irrigation
plans and cost estimates, prepared by a licensed landscape architect,
shall be submitted to the Special District Section of the Public Works
Department for review and recommendation and forwarded to the
Zoning Administrator for revieN� and approval. Plan submittal shall
include plan review and inspection fees. Types and size of plant and
irrigation materials within the public right of way shall be designed
using reasonable standards provided by the Grounds Service Manager
of the General Services Department. All landscaping and irrigation
facilities shall be maintained by the applicant until funds become
available for their maintenance bv the County after final inspection
is cleared.
34
C. Permanent landscaping and automatic irrigation facilities shall be
installed within the public road parkway and median areas, and
interim landscaping features shall be installed within the future road
areas, if any. All work shall be done in accordance with the
guidelines and standards of the County. Funding of, and maintenance
of, the new plantings shall be guarantees by the developer until the
plants have been established and until funds area available through
a landscaping district. The plants shall be maintained for 90 days
after.installation.
d. The County Landscaping District Administrator shall coordinate the
landscaping program in Discovery Bay West with the Discovery Bay
MAC by annually reviewing, the district's program budget and
I
providing
' ng budget information to the MAC on a regular basis.
15) Transit:
a. Certain bus turnouts, bus shelters, bicycle racks and/or bicycle
lockers shall be constructed by the applicant if transit service is
established prior to recording of the last Final Map for this
development. The location of these facilities shall be determined in
cooperation with the responsible transit authority. Preliminary
locations along the east side of Blxler Road are, south of Fallman
Boulevard; north of Point of Timber Road, and north of the access at
the boundary of Villages 11 and 111. The installation of these facilities
shall be assured prior to recording of the next Final Mai) after transit
service is established to the project.
Ject. The obligation to install these
facilities shall terminate if public transit to the project is not assured
at the time the last Final Map is recorded. Pads for the bus shelters,
bicycle racks and/or lockers shall be clear of the sidewalk areas.
b. Provide pedestrian connections from the transit stops to the internal
project sidewalk system. Provide for installation of bus shelters at
each pullout if transit service begins. (EIR Mitigation Measure
Z:�
RMCir-34a) (FINDING FOR IMPACT 963, N4-Nl A c.).
D. PRIVATE IMPROVENIENTS:
Applicant shall construct the private roads within this development to County private
road standards in accordance with the typical sections on the Tentative Mal), to serve
all parcels in this proposed subdivision, except as noted as follo%vs
35
Private Road Improvements (Villages 11, 111 & IVY
a. There shall be no 28-foot wide private roadways (EIR Mitigation
Measure RMCIr-25 and 26), unless the road serves less than 14
residences, adequate parking has been assured and the street has roll
curb.
b. 32-foot private roadways within 37-foot private road easements with
a 5-foot public utilities easement, and with roll curb, shall serve no
more than 50 units. Additional off-street park-Ing may be required
where lot frontages less than 50 feet result in less than one on-street
and two off-street parking spaces for each residence subject to the
approval of Public Works,
C. 32-foot private roadways within 37-foot private road easements with
a 5-foot public utilities easement, which have a standard vertical
curb, shall serve no more than 24 units. Additional off-street parking
may be required where lot frontages less than 50 feet result in less
than one on-street and two of}-street parking spaces for each
residence subject to the approval of Public Works. The use of
standard vertical Curb may be desirable where the greater storm water
capacity is needed.
d. "B" Street shall be at least a 36-foot roadway within at least a 41-foot
access easement with at least a 5400t public utilities easement.
Additional public utilities easements and easement width shall be
provided for required sidewalk areas. This width can be decreased
at bridges.
e. "A" Street and "C" Street shall not be less than 36-foot roadways
within 41-foot access easements with at least 5-foot public utility
easements, and without on-street parking, subject to the approval of
Public Works, The roadway may be reduced to a 34-foot roadway
within a 39-foot access easement provided there Is a convenient, two
way bicycle path which minimizes the need for a bicycle path on one
side of the roadway.
Parking shall be allowed oil "A" Street and "C" Street where the road
,7,
widened to allow
is wiparking.
f. Divided portion of Falimari Boulevard and "I" Street shall be
designed with at least 18-foot lane, M each direction. The applicant
may widen all or.a portion of these roadways to a 30-foot roadways
in each direction to provide for t\\o lanes in each direction.
36
g. The corner setback requirement for the "U" shaped roads, except for
"B" Street, shall be designed with the area where no obstructions are
allowed (see exhibit) based on the extrapolated distance of 10 feet
from curb face instead of the right of way line. The UY' Street "U"
shaped roadway shall be designed with at least 30-foot minimum
curb return radii. The other "U" shaped streets shall be designed with
at least 25-foot minimum curb return radii.
h. The applicant shall eliminate the "S" Street - "A" Street intersection
because of its close proximity to "H" Street and it's location on the
inside of the "A" Street curve. The applicant may relocate the access
to these lots opposite "R" Street, or another intersection subject to the
approval of Public Works. The cul-de-sac must be limited to a
maximum length of 700 feet. (The attached study by the applicant
satisfies this requirement)
i. The applicant shall eliminate the northerly "T" Street - "A" Street
intersection because of its close proximity to "H" Street and it's
location on the side of the "A" Street curve. The applicant may
relocate the access to those lots opposite "AA" Street, or another
intersection, or cul-de-sac T"" Street at "A" Street with an emergency
vehicle access through "T" Street to "A" Street. The cul-de-sac must
be limited to a maximum length of 700-feet unless emergency access
is provided at the east end of"T" Street. (The attached study by the
applicant satisfies this requirement )
J. The applicant shall provide adequate vehicle storage at entry gates
and design provisions into the site plan to expand ingress capacity, by
installing a third entry gate north or south of the ECCID Canal
(FINDING FOR IMPACT 953, \1i%1 E c.).
The present design of"C" Street access to Bixler Road shown in the
vicinity of Lot K is unacceptable This intersection must be
redesigned to provide adequate stacking length and enable vehicles
mistakenly entering this access to turnaround. The redesign shall be
subject to the approval of Public Works, OR, AS AN ALTERNATE,
The applicant shall relocate this Bixler Road access to the north side
of the ECCID canal off of"A" Street near Lot "S". The design shall
be subject to the review of Public Works and the review and approval
of the Zoning Administrator.
37
However, a temporary secondary access may be allowed at "C" Street
based on redesign, subject to the review and approval of Public
Works.
k. Provide traffic control sign age at the easterly "A" Street - "G" Street
intersection (EIR Mitigation Measure RMCir-27) (FINDING FOR
IMPACT #56, MM H.c.).
1. Prohibit all single family residential driveway access onto collector
or arterial roads that provide project-wide circulation, subject to the
approval of Public Works (Mitigation Measure RMCir-29)
(FINDING FOR IMPACT 958, MMJ.c-)- Sin-ale family residential
driveway access will be permitted along the south side of"F Street,
provided that the north side of signed for "No Parking".
Ill. Provide additional detail on the Fallrnan Boulevard entry feature,
Subject to Public works revle\t and approval.
n. Vertical rise garage doors with automatic garage door openers shall
be installed where garages are 220-feet or less from the road easement.
0. The applicant shall construct the "B" Street bridge to accommodate
potential trail uses within the ECOID Canal.
2) Sight Distance (Private Streets):
a. In accordance with Caltrans standards provide for adequate stopping
sight distance at:
Village 11: "C" Street at "I" Street and at "KKK" Street.
Village Ill: "A" Street at "QQ" Street, at the relocated "T"
ZD
Street, at "BB Street, and at "FF" Street; "1313"
Street at "DD" Street- and "U" Street at "T"
Street.
Village IV: "A" Street at the relocated "S" Street, at "0"
Street, at "M" Street, at "Y' Street, and at
"NN" Street
b. In accordance with Caltrans standards provide Cor adequate stopping
sight distance along "A" Street and "C" Street for a design speed of
45 miles per hour where feasible, and not less than a 35 mile per hour
design speed, subject to the review and approval of Public Works.
'
38
The CC &E{oahnU include specific provisions tomaintain the area
outside of the road eaacmont, needed to provide this design speed, »o
that sight distance will not be obstructed.
�\ Pedestrian/Bicycle lnnpnovcnoents�
u. The design of community [ac }ities. Such as "park and ride" lots,
clubhouses orcommunity parks, shall provide for and encourage the
use ofbicycles, Atarnininnunnthis shall include bicycle racks and/or
bicycle lockers n1 ��o �n�e the ��c� lFbo
�c�c � 0 pnonnr� �ucnon�� po| �o project,
number of bicycle racks and/or lockers shall be subject to the review
and approval of the Zoning Administrator.
h. Provide bike paths 0rlanes with u rninhnurn width of 5-feet on "f\"
Street, .B" Street, "C^ Street, "{}^ Street, Fn |nnnn Boulevard, and "l"
Street throuuhout the project. Prohibit parking on these streets to
ensure adequate bike |onc vvNdis, or provide adequate additional
v/idih for on-street parking
'
' C. Construct a 10-foct oedeshau/bics/re oodh within sidewalk
easements adjacent to "B" Street fi-mrn "(." Street to "A" 3tn:ot� and
ajon� bicycle"{" ��r�ct �o provide for ndrquo�c h�rvt and pedestrian
access. Whe/no 10'fhot pcdeokinn"bioyde path is provided adjacent
to "A" Street or "C" Street which are proposed to have ubicycle path
or lane, the roadway width may bereduced froma 36-foot road width
tox34'K)otroad width. .
d The applicant shall construct 6-foot 6-inch s\dewakoon Fo]{rnon
Boulevard from BixJnr Road to the easterly portion of"A" Street� and
"G" Street from the easterly portion of"/\" Street to the marina.
c. Two way bike/pedestrian paths shall have at least o 0-foot paved
width with two foot dtur zones on each side (FINDING FOR
IMPACT 465. MMac.)
[ All sidewalk shall he at least 5-feet 6-inch wide (width measured
frornourh face). Match Coun(y standard »vNthu in effect at dhc1ionz
offiling the Final Mal).
4\ 81mnn Water (Private Y)ns\nagc Fnd\hiox).
n. All storm waters entthnooroh�inodn8 within the subject property
(indudin(.1; the Outside slopes ofthe levee) shall be conveyed, within
an adequate $onn drainage facihty` to an adequate moan-made
39
drainage system or to a natural watercourse. The pump station
location and design shall be subject to the review of the Public Works
Department, and the proposed maintenance entity, such as a
homeowners association, subject to the review and approval of the
Zoning Administrator.
b. Storm water from the lake system in Villages I1, III and IV shall be
collected and conveyed in a private storm drainage system. Where
pumping is required at high tide to discharge storm water from the
leveed area to Dredger Cut or from the outside of the levee to
Dredger Cut, the pump system shall have an emergency pumping
system subject to the review and approval of the Zoning
Administrator, OR, the storm drainage system shall be designed as a
passive weir system for gravity flow drainage which will not result
in flooding of homes base don the 100-year storm. If a pump system
is utilized to discharge storm N\-ater into Dredger Cut, it shall be
designed to operate considering anticipated sedimentation of the lake
system and an emergency pumping system.
5) Agriculture Access (From Private Roads):
a. Provide at least a 12-foot private road in a 20' minimum access
easement to Lot GG and Lot HH from the southerly portion of
Village III and the northerly portion of Village IV (EIR Mitigation
Measure RMCir-32). The access shall be improved as a 12-foot
graveled roadway(FINDING FOR IMPACT 961, MMM M.c.). The
applicant shall grant rights to the property owner to the east to allow
access to Bixler road for at least a 12-foot minimum width access
road through the project site, subject to the approval of Public works.
The access shall be along feasible alignments, outside of wetland
areas (e.(-;., along subdivision streets).
6) Lake Management (Private Facility):
a. Submit a Lake Management Program prepared by a professional in
the field which clearly specifies the following: the design parameters
for the lake system; anticipated problems and proposed methods of
maintenance. The anticipated problems shall include, but not be
limited to, control of undesirable algae and plants; control of high
nutrient levels; maintenance of adequate oxygen levels, need for
periodic dredging; and potential need for cleaning up roadway
contaminants and household contaminants which may drain into the
40
lake prior to discharging the storm water into Dredger Cut, Provide
a maintenance entity, such as a homeowners association, which
includes provisions to assure perpetual maintenance(EIR Mitigation
4.1-7),
b. The lakes shall incorporate a water circulation system capable of
pumping the quantity of flow necessary to sustain water quality and
accommodate the 100-year storm based on the proposed lake
configuration (FINDING FOR IMPACT 91, MM c).
C. Downstream drainage facilities shall be designed to collect and
convey the stormwater flow base don the design storm. If the lakes
are to function as detention basins with this development, they must
be sized in accordance with Title 9 of the Ordinance Code (FINDING
FOR IMPACT 484, Mmc), The lake/detention basin will be
maintained by a homeowners association and will not be publicly
maintained.
d. Provide screens on the lake circulation system and provide catch
basins for run-off into the marina to screen floating trash from
entering the lakes and the Delta, and implement passive "best
management practices" such as the labeling of storm drains to reduce
dumping. (EIR Mitigation Measure 4.1- 10) (FINDING FOR
IMPACT 45, MM5,c.).
e. Prior to recording Final Maps for each of the Villages 11, 111 and IV,
the applicant shall complete a bank scouring and erosion study of
impacted segments of Dredger Cut and Kellogg Creek analyzing
I I Z:)
project impacts resulting from marine traffic and take circulation.
The study will be subject to the review and approval of Public works,
The applicant shall implement mitigation measures before approving
the second Final Map for each of the Villages 11, 111 and IV if any
significant impacts are identified.
f The applicant shall submit the final OFOundwater monitoring plan for
review by a Reclamation District, if one exists, and the review and
approval of the Zoning Administrator prior to beginning any
consti-LIC0011 that require dewaterint-Y to commence.
7) Manna (Private Facility):
Provide cath basins for run-off to the marina to screen out floating trash (EIR
Mitigation Measure 4.1-10).
41
8) Emergency Access (Private Roads):
Provide emergency access points at or near the following points in
coordination with the fire district, subject to the review and approval of
Public Works. The emergency access points shall be (gated and locked unless
they are combined with a regular project access. The emergency access
roads shall be at least 20-feet wide, capable of supporting loads of at least 20
tons in all weather conditions, and, If Qated and locked, the fire district shall
be provided a master key (EIR Mitigation Measure RMC1r-3)3)).
a. From Bixler Road to "C" Street near the northwest corner of Village
11 (EIR Mitigation Measure R-MCir-33) (FINDING FOR IMPACT
#62, MM O.c), and also near the southwest corner of Village 11.
b. From Bixter Road to "A" Street at:
The southwest comer of Village III (EIR Mitigation Measure
1.
RMCIr-33) (HNIDING FOR IMPACT 462, MM O.c.).
The northwest comer of Village IV (EIR Mitigation Measure
RMCIr-33) (FFN�DIING FOR IMPACT 462, MM O.c,)
9) Maintenance (Private Facilities):
a, Applicant shall establish cov-enants, conditions and restrictions for
the development that clarifies the management of all lake
1D
improvements, private road. pr it storm drainage, levees, certain
lighting, landscaping and marina facilities within the private portion
of the development will be maintained, through a maintenance
agreement, by the homeowners within the development via the
homeowners association, or another entity, subject to the review of
the Zoning Administrator,
b. Prior to filing the first final map. the applicant shall provide a list of
facilities proposed to be maintained by either a public or private
entity. this list shall be subject 10 the I-e\'IeW Of Public Works.
E. GENERAL REQUIREMENTS
1) Roads:
a. Submit a prelirninary sketch plan and profile and alignment analysis
to Public Works for the follow in,, roads, slio\vin(.,, the horizontal
alignment and analyzing the road\\av structural sections to determine
42
the feasibility of salvaging the existing pavement- The analysis of the
roadway structural section shall include appropriate cores, deflection
tests, R-Value tests, and estimates of anticipated traffic with
construction and ultimate development under the county General
Plan:
* Bixler Road from the project to State Highway 4.
* Point of Timber Road from the project to State Highway 4.
The sketch plan shall extend a minimum of. I50-feet beyond the
limits of the proposed work. If the grade at the project's frontage is
unacceptable, the applicant shall level, or remove and replace the
pavement, as necessary. The sketch plan shall also show that
adequate sight distance will be provided. An exception to allow a
0.75% minimwn grade may be allowed subject to the review and
approval of Public Works.
b. Applicant shall provide deed notification to those parcels that abut
roads that are to be extended in the future. The applicant shall install
signage at the end of the roads to inform prospective property owners
that the roads may be extended in the fixture.
C. Submit improvement plans and pay inspection fees and plan review
fees prior to filing of the appropriate Final Map.
2) Drainage:
a. Storm drainage facilities required by the Ordinance Code shall be
designed and constructed in compliance �.vith design standards of the
Public Works Department.
b. The applicant shall install within a dedicated drainage easement any
portion of the drainage system which conveys run-off from public
streets to a natural watercourse or an adequate man-made drainage
facility.
c. All storm water arriving at the outside of the levee system around
Villages II, III and IV and the stormwater arriving at, and originating
on Village I shall be collected, conveyed and directed in a storm
drainage system dedicated to the county. The drainage facilities shall
be designed to convey stormwater from the west in accordance with
the Ordinance Code (FINDING FOR IMPACT :�54, MM c). The
applicant shall provide additional drainage facilities (per figure 4. 1-4
43
of the ETR) to direct all existing drainage and irrigation west of Bixler
Road through and/or around the project to compensate for the
obstruction of flow to surface drainage created by the project and
ensure that the area west of Bixler Road is not adversely impacted
(FINDING FOR IMPACT #1, MM1.C.2).
Prior to submitting the first Final Map, the applicant shall submit the
proposed drainage plan to convey off-site drainage and irrigation
west of Bixler Road through or around the project site along with
supporting hydrology data subject to the approval of Public Works
(EIR Mitigation Measure 4.1-7) (FINDING FOR IMPACT 91).
d. Conveying storm waters in an adequate storm drain to an irrigation
district facility is acceptable provided: the developer obtains a letter
from the irrigation district accepting the storm waters; the irrigation
district owns fee title to the drainage facility from the point of
discharge to the natural watercourse, and the drainage facility is
shown to be adequate to handle the design storm, plus the district
irrigation flows. The analysis shall consider the presence of low
spots in the irrigation district canal which may affect the system's
capacity. The applicant shall provide substantiation that reasonable
backup measures such as a diesel or Jas fueled back up pumping
system, are in place in case of pump failure and/or power failure.
The backup pumps are only required if pumping is necessary to drain
the canal flows.
The applicant shall submit written confirmation that the irrigation
district will accept the additional stormwater flows from this property
based on ultimate development of the watershed.
e. Storm drainage originating on the property and conveyed in a
concentrated manner shall be prevented from draining across the
sidewalks and driveways.
f. Utilize NPDES passive best manauement practices such as labeling
the storm drains for no dumping (EIR Mitigation Measure 4.1-10)
3) Project Levees (Private Facilities):
a. The applicant shall provide a plan for maintenance of the levees and
identify a maintenance entity, such as a homeowners association,
acceptable to the Public Works Department, which includes
provisions for perpetual maintenance prior to filing a Final Map in
Villages 1I, III or IV (EIR Mitigation Measure 4. 17).
44
b. Levees shall be elevated to at least elevation 11.9 feet mean sea level
with provision for the ability to elevate the levees to at least 12,9 feet
mean sea level around Villages 11, 11 and IV and in accordance with
FEMA regulations (assuming anticipated subsidence and sea level
rise).
C. The proposed levee system around Villages 11, 111 and IV shall be
constructed to FEMA, U.S. Army Corps of Engineers, Zoning
Administrator and County standards. The levee system shall be
maintained by the homeowner association.
d. Landscaping of the levees shall be subject to the review of FEMA
and the entity which will accept the levees for maintenance, and the
review and approval of the Zoning Administrator.
e. Provide deed notification and CC & Rs for elevation restrictions on
applicable lots to prevent degradation or work which may adversely
Z:)
impact the levee system, and provide for raising levees.
f The developer fee shall be aware that the levees protecting a portion
of this development are subject to failure if not properly maintained.
The developer shall execute 3 mutually agreeable recordable
dOCLI111ellt with the County which states that the developer (and the
owner and the future owners of the propert%) will hold harmless
Contra Costa County and the Contra Cost County Flood Control and
Water Conservation District in the event of damage to the on-site
improvements as a result of levee failure.
4) Floodplain Management:
a. Villages 11, 111 and IV shall be protected by a levee constructed to at
least elevation 11.9 ft, Mean sea level with the ability to elevate to
12.9 feet mean sea level and elevated further in accordance with the
County Floodplain Management Ordinance. Homeowners shall be
ID
advised through a deed notification of the potential sea level rise.
(FINDING FOR IMPACT 44, 1vW14_C. I
5) Creek StFUCtUre Setback:
a. Applicant shall create "StRiCtUre setback lines" over that portion of
the site that is within the structure setback area of the watercourses
traversing the northerly property line, Dredger Cut along the easterly
property line, and any CXIStillIg llatLil'al watercourses through this
development. The structure setback area shall be determined by
I �
45
using the criteria outlined in Chapter 914.4, "Rights of Way and
Setbacks", of the Subdivision Ordinance. "Development rights" shall
be conveyed to the County b_y grant deed.
b. If sections of roadways fall within the structure setback area as
defined by the Ordinance Code, then the applicant shall submit a soils
and geotechnical report verifying the stability of the creek bank in the
vicinity of the public or private access roads.
6) Sanitation District 19 Requirements
a. Applicant shall complete and have fully operation the replacement for
well 94 prior to issuance of the first Building Permit.
b. Annex the project into Sanitation District No. 19 and execute a
master service agreement calling for the applicant to provide or pay
for its fair share of the expansion of facilities necessary for the
additional wastewater and water facilities. (FINDING FOR IMPACT
983, MM.c.) Applicant shall comply with the requirements of
Sanitation District No. 19 Ordinance acceptable to the Public Works
Department, which incltudes provision for perpetual maintenance
prior to filing a Final Map in Villages 11, 11 or IV (EIR Mitigation
Measure 4. 1-7)
C. Sewage treatment and disposal for the project shall be provided by
Contra Costa County Sanitation District No 19. All sanitary sewer
facilities serving the project shall be connected to the District's
collection system. The applicant will be required to obtain a
Sanitation District permit to discharge sewage into the sewage
system. The applicant shall be required to pay for the fair share of
any studies required to accommodate this project.
d. Domestic water supply shall be provided bv Contra Costa County
Sanitation District No. 19. All domestic \%ater facilities serving the
property shall be connected to the District's distribution system. The
applicant will be required to obtain a Contra Costa County Sanitation
District 19 permit to connect to their existing well water system and
comply with any District requirements relative to its fair share
obligation to provide increased water supply.
` ' ^
'
46
c. The applicant shall participateinComtrnCootaCounty`u Sanitation
District 919 adoption and implementation of u water mupnk/
monitoring and management program. FOR
CUMULATIVE IMPACTS ON WATER SUPPLY AND QUALITY,
MMz]
[ The applicant shall submit the final monitoring plan for
review by a reclamation District, ifone exists, and the review and
approval of the Zoning Administrator prior to beginning any
construction that require dewatering to conxnoeocc
9� Applicant shall complete and have fully operational the replacement
for Well 44 prior to issuance ofthe First building permit
7\ Reimbursement.
u. Certain required road Improvements may be c|igih\t for credit or
rcirnbursenoeot against Area of Benefit bees. The developer sbo \
contract the Public Works Department, Transportation Engineering
I}ivisinn, to verify the extent of any credit or reinoburoennent for
which the applicant might be n|i'gib}u. Prior to constructing any
public innprovonmnts, of fiUnqnfany Final Map, the applicant shall
execute o oedit/rcn-Iburpcmcrt agreement with the County. No
credit or rcionbucsnnocnt will be avxUnb}t for any \nnprovonnentn
installed prior to execution ofthe crcdit/relxohurseoocnt agreement.
Credit will only be IgIven for mnoics that urepnograrnnned with the
next three fiscal years. Any credit or reimbursement shall be based
on tile cost estimates included inthe Area ofBenefit Development
Program Report only in proportion to each specific Area VfBenefit
-
improvement which the applicant is InstaUin
b. The applicant isalso eligible [hrn:inohursononni from adjacent and
nearby future developments as oud\nrd In E.7c below. If the
applicant request reimbursement h//nn the county from future
development, the applicant shall be required to pay the-County for
administrative costs associated With these rcjrnbu/sonnont a,,rcexncnts.
The applicant shall pay the Public VVOrk6 Department, Enoncerffil
Services Division, at least S\.000 or as necessary to cover expenses
as they are incurred, whichever is greater, for administration costs for
each reimbursement oureemeot
C. The applicant shall be c]\ iNe for the following reimbursement
47
* Should applicant install the State Highway 4Bixler Road
signalization and channelization improvements. The costs,
above the applicant's 50% obligation towards the traffic
signal, are subject to reimbursement. These finds may be
deposited by property owners at the intersection.
* Installation of any frontage improvements along the frontage
of the Evans's or other properties fronting on public roads.
* Installation of off-site road improvements not covered by an
area of benefit, but covered by the Project Traffic Mitigation
Fee paid by the applicant and collected by the County, may
be credited toward the applicants Project Traffic Mitigation
Fee, subject to the approval of Public Works.
d. The County will also cooperate with the applicant to "call" certain
Deferred Improvement Agreements (DIAs) which may existing on
surrounding properties to facilitate and expedite the construction of
facilities whose installation is no%\ Justified.
8) Miscellaneous:
a. Prior to issuance of Building Permits, with the exception of model
homes, file the Final Map.
b. Improvement plans prepared b% a registered civil engineer shall be
submitted to the Public Works Department. Engineering Services
Division, along with review and inspection fees, and security for all
improvements required by the Ordinance Code for the conditions of
approval of this subdivision. These plans shall include any necessary
traffic signage and striping plans for review by the Transportation
Engineering Division.
C. An encroachment permit for construction with the State right of way
shall be obtained from Caltrans through the Public Works
Department, Engineering Seri ices Division.
d. Obtain an encroachment permit from the Application and Permit
Center for construction of drive\\ays, or other improvements within
the right of way of public roads hich are to be improved with minor
improvements not requiring an improvement plan.
48
e. Applicant shall comply with the County TDM Ordinance and the
Growth Management Program regulations regarding transpiration.
TDM measure that could be used by the project applicant include the
provisions of maps showing available transit routes, and providing
information to prospective home buyers on ride sharing and vanpool
services.
f All public and private pedestrian facilities and access ways shall be
designed in accordance with Title 24 (Handicap Access) and the
American with Disabilities Act. This shall include all sidewalks,
paths, trails, driveway depressions, as well as handicap ramps.
Provide a minimum clear width of 3.5 feet for all sidewalks. If a
pole, utility facility, street sign or any other obstruction is located in
a walkway, such that there is not a 3.5 foot clear with, then the
walkway shall be widened as necessary. A note reflecting this
condition shall appear on the typical section on the improvement
plan.
9. Applicant shall furnish proof of the acquisition of all necessary rights
of way, rights of entry, permit andlor easements for the construction
of all temporary or permanent. road, drainage and marina
improvements.
h. Prior to filing of the first Final Map, the applicant shall pay the
County for all Public Works and Community Development staff time
for work reviewing and commenting on this project through the
1:1 01
planning and approval process \vh1ch has not been covered by the
application fees previously paid b\- the developer for this purpose.
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS SOF
APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY
NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF
ADDITIONAL ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO
PROCEED WITH DEVELOPMENT.
A. The 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, 90-
Program I
118) as they pertain to future construction of any structures on this property.
49
B. 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 11 or
Central Valley - Region V).
C, Applicant shall comply with the requirements of Sanitation District No. 19 and Delta-Diablo
Sanitary District specifications and requirements.
D. 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 9459 1 9, of any proposed construction within this development that
may affect any fish and wildlife resources, per the Fish and Game Code.
E, 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 permit is required, and if it can be obtained.
F. The applicant is advised that the tax for the police seri ices district is currently set by the
Board of Supervisors at $200 per parcel annually ( %�Itli appropriate future Consumer Price
Index (CPI) adjustments). The annual fee IS SLIh-Ject to modification by the Board of
Supervisors in the future. The Current fee for lioldim, the election Is $800 and is also subject
to modification in the future. The applicable tax and fee amounts will be those established
by the Board at the time of voting. The applicant is advised that the election process takes
from 3 to 4 months and must be completed prior to recording the Final or Parcel Map. An
additional tax may be required for marine patrol,
G. Comply with the requirements of the Building Inspection Department. Building permits are
required prior to the construction of most structures
H. Comply with the ordinance requirements of the Health Services Department, Environmental
Health Division and Hazardous Materials Division_
1. Comply with the ordinance requirements of the East Diablo Fire Protection District.
AB/aa
DPII:3025-91C.AB
3/29/95
4/25/95
5/31/95
7/31 1/9 5
5-1-96.df
5/29/96
8/5/96 - EC (a)
1�r �.