HomeMy WebLinkAboutMINUTES - 05181993 - H.5 • ' - Contra
TO: BOARD OF SUPERVISORS ,
Costa
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FROM: HARVEY E. BRAGDON ; - ae� a ;� County
DIRECTOR OF COMMUNITY DEVELOPMENT '•,
ti
DATE: May 18, 1993 srA �oUri`t'�
SUBJECT: HEARING ON THE CYPRESS LAKES PROJECT REZONING (FILE #2918-RZ) ,
PRELIMINARY AND FINAL DEVELOPMENT PLAN (FILE #3032-90) FOR 1,330
RESIDENTIAL, UNITS TOGETHER WITH A LAKE AND CHANNELS, 18 HOLE GOLF
COURSE, PARKS AND OTHER RECREATIONAL AMENITIES, SCHOOL SITE, FIRE
STATION, CHILD CARE CENTER AND SURROUNDING LEVEE.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Take testimony on the Cypress Lakes project, declare intent to:
1. Certify the EIR and Addendums;
2 . Approve rezoning and preliminary development for the golf
clubhouse and driving range, beach club, recreation vehicle
and boat storage and day care center and other uses not in
Final Development Plan;
3 . Approve Final Development Plan for residential uses, golf
course, wetlands, lake, channels and surrounding levee.
Continue hearing to the May 25, 1993 hearing and direct staff to
prepare appropriate findings.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
On April 5, 1993 the East County Regional Planning Commission
certified the Final Environmental Impact Report and Addendum for
the Cypress Lakes Project. In addition, the Planning Commission
adopted a Statement of Findings and overriding considerations and
approved the Mitigation Monitoring Program.
CONTINUED ON ATTACHMENT: X YES SIGNATURE ,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S.) :
ACTION OF BOARD ON May 18 , 1993 APPROVED AS RECOMMENDED x OTHER x
See Addendum for Board action.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Art Beresford 646-2031 ATTESTED May 18 , 1993
cc: Community Devel ent Department PHIL BATCHELOR, CLERK OF
m
County Counsel THE BOARD OF SUPERVISORS
Public Works-Mitch Avalon COU Y ADMINISTRATOR
Applicant & Owner
BY `� , DEPUTY
AB:df
Page Two
The East County Regional Planning Commission also approved Vesting
Tentative Map #7562 with conditions and adopted findings and
exceptions relating to the tentative map.
The East County Regional Planning Commission recommended that the
Board of Supervisors approve Rezoning #2918-RZ and Final
Development Plan #3032-90 with findings.
The recommended Conditions of Approval for #2918-RZ and Final
Development Plan #3032-90 are the same as recommend to the Board on
May 4, 1993. The East County Regional Planning Commission
recommendation is set forth in their resolution.
At their May 4, 1993 meeting, the Board of Supervisors took
testimony on the project and continued the hearing to May 18, 1993 .
A motion was made requesting that the following issues be
addressed:
1. Projects impacts on wetlands.
2 . Question of maintenance of internal levee.
3 . Projects relation to Advisory Committee's recommendation .on
Specific Plan.
4. Developing method to facilitate the purchase of the three "in
holding" properties.
5. Creation of an appropriate funding mechanism on a per unit
basis for a library.
6. Question of waiver of park fees.
7. Adequacy of external levee.
8. Provision of housing on site for those persons employed on
site at the various facilities.
These issues are addressed in a staff report provided separately.
On May 7, 1993 , copies of letters submitted at the hearing by
attorneys Curtin, Dickson and Hudson were mailed to each other.
ADDENDUM TO ITEM H.5
MAY 18, 1993
On May 4, 1993, the Board of Supervisors continued to this date the hearing on
the recommendation of the East County Regional Planning Commission on the request of
A.J. Salomon/Chartered Land and Cattle Co. (applicant) and Three Sisters Trust(owner)
(2918-RZ) for approval to rezone land from General Agricultural District(A-2) and
Heavy Agricultural District (A-3) to Planned Unit District(P-1) for 1,330 Single family
dwelling unit/lots, golf course, school site, fire station,public park,private park area,
lakes, channels, drill sites and a surrounding levee, and for approval of a Final
Development Plan (3032-90) for 1,330 lots, golf course, and lake, public park and private
recreational area in the Bethel Island area.
The following persons presented testimony:
Laurie Pohl, 2639 E. Cypress, Oakley, in opposition;
Jason Pohl, 2639 E. Cypress, Oakley, in opposition;
Bob Gromm, P.O. Box 447, Bethel Island, representing Reclamation District 799;
Darrell B. Edwards, 4292 Sandmound Boulevard, Oakley.
Patricia Curtin, representing the project applicant spoke in rebuttal.
The public hearing was closed.
Following further discussion of issues, Supervisor Torlakson expressed support
for the project and he moved approval of the project with the Delta Expressway policy
applied, having staff convene a meeting to discuss the Joint Powers Agreement, support
for the $300,000 for the Affordable Housing Trust Fund, clarification that the golf course
project could proceed at a prior stage, support for the recommendation on the
performance bond and Reclamation District 799, design speed and the fee benefit area
and road credits issues to be referred to the Zoning Administrator for further analysis,
that the park dedication fee issue should be referred to the Zoning Administrator for
guidelines, that on deed notification there needs to be an additional condition relative to
the existing levees, staff should review the issue of the requirement to join a Police
Services Area for marine patrol and bring it back to the Board for a policy determination,
support for the staff recommendation on secondary units with a review after the first one
hundred units, support for the Reclamation District 799 recommendation from Gagen&
McCoy, support for the library mitigation, support for utilization of the Conservation
Corps for landscaping of the levees, direct staff to bring back the final plans on the lake,
and he moved approval of the project with the conditions he outlined and the staff
recommendations outlined in the May 13, 1993 memo.
Supervisor Smith seconded the motion.
Supervisor Bishop expressed support for the project.
Supervisor Torlakson commented on the method of purchasing in-holding
properties and he expressed agreement with having two appraisals done and he
recommended that as an additional condition.
IT IS BY THE BOARD ORDERED that the hearing on the above matter is
CLOSED; and INTENT IS DECLARED to approve the project with amended
conditions; and Community Development staff is DIRECTED to prepare the appropriate
documentation for Board consideration on May 25, 1993 on the decision calendar.
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: May 18, 1993
TO: Members, Board of Supervisors
FROM: It—n—nis M. Barry, AICP
Deputy Director
SUBJECT: CYPRESS LAKES AND COUNTRY CLUB PROJECT
On May 4, 1993, the Board of Supervisor's made a motion requesting
that the following information be provided.
I. Project Impacts on Wetlands
The Draft Environmental Impact Report (EIR) at pages 3-76
through 3-98 discusses the project's impacts on wetlands. Figure
3.4-2 at page 3-84, identifies the location of wetlands on the
project site. Figure 3 .4-3 at page 3-91 identifies the location of
wetlands impacted by the project. In sum, the project will result
in the removal of approximately . 75 acres of the 6.52 acres of
wetlands. The amount of wetlands on the project site has been
verified by the U.S. Army Corps of Engineers in a letter dated
September 27, 1991 which is included in the EIR.
The project avoids the majority of wetland areas and will
replace the wetlands impacted by a minimum of 3 : 1. The project
contains a Habitat Mitigation and Monitoring Plan which will ensure
that wetlands are adequately mitigated on-site. In addition, the
project will enhance the existing drainage ditch to a channel and
construct an additional channel. The project plans include a
Channel Enhancement Plan which includes the planting of the channel
banks with willow and cottonwood cuttings. This enhancement will
provide additional wetland habitat beyond the 3 : 1 mitigation. '
In response to a comment made by the Department of Fish and
Game, the Response to comments document at page 4-25 explains that
the delineation considered the effects of the drought. The
delineation was conducted during a long period of below-normal
precipitation. Monthly mean ground water levels were determined
over the monitoring period of record (1968 to 1990) to adjust for
the time of survey during a low-precipitation period. Thus, the
results of a delineation that would occur in a "normal" rainfall
period are well represented in the original delineation.
II. Maintenance of Internal Levee
The Draft EIR discusses the maintenance of the internal levee
at pages 3-134 and 3-135. For a levee to be recognized by the
Federal Emergency Management Agency (FEMA) , maintenance activities
must be under the jurisdiction of a federal or state agency, an
agency created by a federal or state law, or an agency of the
community participating in the Federal Flood Insurance Program that
would assume ultimate responsibility for maintenance.
The EIR recognizes that the most logical agency to provide
maintenance is RD-799. The applicant submitted an application to
RD-799 requesting it to accept the internal levee. At its meeting
on May 3, 1993, the District Board passed a motion not to make a
decision on this application until after the Board of Supervisors
makes a decision on the project.
If RD-799 does not accept the levee, a maintenance district
could be formed to maintain the levee. This district would consist
only of the homeowners in the development project. Each homeowner
would be assessed a fee for the maintenance of the levee. Because
RD-799 may not accept the levee, the following condition is added
to the other recommended conditions of approval for Development
Plan #3032-90 and Rezoning 2918-RZ:
If Reclamation District 799 does not accept
the internal levee, another agency will be
requested or formed to maintain the levee. A
maintenance district can be formed consisting
of the homeowners in the project. Under this
district, each homeowner would be assessed a
fee to maintain the levee.
III. Advisory Plan Committee Recommendations
The applicant did not have a project on file with the County
at the time the Advisory Plan Committee was active. The original
project application was filed on September 28, 1990.
The Committee originally recommended that the majority of new
development occur on-island. The Committee's recommendations
included a density of 1. 5 dwelling units per acre (du/ac) on
Hotchkiss Tract. Throughout the planning process, proposed
development density was reduced on the island due to its sensitive
wetland areas, soil constraints and lack of financing to rebuild
the perimeter levee to FEMA urban standards. Ultimately, the
potential density was shifted to Hotchkiss Tract, if density bonus
provisions were satisfied. The Specific Plan when adopted and
currently, the General Plan, permits a base density of 1 du/sac
with an overlay bonus density of 1-2 .9 du/ac on Hotchkiss Tract.
As demonstrated, the Specific Plan that was ultimately adopted was
2
substantially different than the plan recommended by the Committee.
The first printed version of the specific plan was the
administrative draft plan dated April, 1988 . This draft plan
discussed and illustrated internal levees. (See Figure 4.4,
attached. ), The internal levee illustration also appeared in the
Specific Plan as adopted.
IV. Method to Facilitate the Purchase of "In-Holding" Properties
There are three "in-holding" properties surrounded by the
project (Coleman, Ogren, and Dannelley) . One method to facilitate
the. purchase of those properties includes the following.
Each property owner (Coleman, Ogren, and Dannelley) could have
their property appraised by a certified MAI appraiser. The
applicant will also have an appraisal done on each property by a
certified MAI appraiser. The property would be purchased for the
average price derived from the appraisals.
V. Funding Mechanism for a Library
The County plans to construct a library to serve the Oakley
and Bethel Island Areas. The Bethel Island Area Specific Plan
identified the Bethel Island Area's fair share contribution for
such a library at $200, 000. Since the project comprises
approximately 45% of the possible new development on Hotchkiss
Tract, it will contribute 45% of the $200, 000 which equates to
$90, 000. As projects come through the planning process, they will
be assessed accordingly. This contribution equates to approximately
$68. 00 per unit.
VI. Waiver of Park Fees
The applicant has requested that park fees in the amount of
$1, 350 per unit be waived because they are providing parks and
other recreational facilities. These fees equate to $1,795,500.
The project applicant will be providing a 22 .4 acre community
park which will contain baseball diamonds, soccer/football fields,
as well as other recreational amenities. In addition, nine smaller
parks will be provided throughout the project and will range in the
size from one to three acres, for a total of 11 acres. One of
these parks provides access to the lake where non-motorized boating
is 'permitted. The applicant will also be providing 5. 6 miles of
off-street pedestrian trails. These areas will be available to the
public without any fees.
The applicant is also providing semi-public facilities which
include the golf club and course, and beach and tennis club, these
facilities will be open to the public on a membership basis.
3
The applicant is requesting approval under the "Off-Island
Bonus Area" designation. This designation permits 1-2 .9 du/ac
depending on the amount of recreational facilities offered by the
project. The applicant is requesting approval of 2 .21 un/ac. The
applicant cannot receive a double "credit" under this bonus area
density and against the park land fees for its park land and other
recreational facilities.
Ultimately, the decision whether the density bonus provisions
are met is a decision of the Board. Staff has never before
considered whether part of the recreational amenities are
considered as density bonus or as a credit against park fees. This
is the first project to be reviewed under the density bonus
provisions and staff has no policy guidance to consider this
request.
VII. Adeguacy of the External Levee
The state or adequacy of the existing levee is discussed in
the Draft EIR at pages 3-122 through 3-125 and 3-135 through 3-137.
In sum, the existing levee does not meet the requirements of FEMA
for an Urban Standard Levee. The current estimate to upgrade the
existing levee to FEMA urban standards is approximately
$20, 000, 000. This does not include costs for environmental review
or costs for removing the existing encroachments on the levee.
Reclamation District 799 had a 1991-1992 fiscal year budget of
$156, 000 and only a portion of this budget is used for levee
maintenance or upgrading. The District does not have adequate
funds to upgrade the levee. State and Federal funds are difficult
to obtain due to recent budget cuts. It is estimated that it would
take on the order of seven to ten years to upgrade the levees,
assuming money was available.
VIII. Provision of Housing On-Site for Persons
Employed On-Site
A. Jobs and Wages
The project would create jobs in its recreational uses
(golf course, restaurant, beach and tennis club) and other uses
such as the child care facility, fire station and school site.
Other jobs may be created for project maintenance of wetlands,
levees, parks, streets, and lighting. In addition, construction of
the project will create short-term construction jobs. Wages from
these jobs are estimated to range from $20, 000 to $62 , 000 annually.
It can be anticipated that the following number of jobs
with the following wages will be offered by the project.
Additional jobs will be generated outside the project site on the
commercial sites that surround the project property.
4
Number Average
Job Title of Employees Annual Wage
Golf Course
manager/professionals 4 $60, 000
pro-shop personnel 6 $24, 000
maintenance 8 $20, 000
Restaurant
manager/assistants 3 $40, 000
host/hostess 3 $22, 000
waiter/waitresses 10 $20, 000
chefs 3 $30, 000
kitchen help 10 $20, 000
_bus persons 10 $20, 000
Beach/Tennis Club
manager/assistants 3 $35, 000
personnel 4 $25, 000
maintenance 2 $20, 000
Child Care
director 1 $30, 000
teachers 5 $25, 000
maintenance 2 $20, 000
Schools
principal 1 $50, 000
teachers/aides 12 $35, 000
staff 15 $25, 000
Project Maintenance
wetlands 2 $22, 000
levees 2 $22, 000
parks 2 $22, 000
streets 2 $22, 000
lighting 2 $22 , 000
Prol ect Construction
foreman 5 $62 , 000
journeyman 10 $52, 000
apprentice 30 $40, 000
157
Housing
The project is proposing houses within the price range of
$175, 000 - $400, 000. The upper end of housing costs are for custom
built homes which are expected to constitute approximately 25% of
the project.
5
The current interest rate on an adjustable 30 year loan
starts at 4.5%. With this rate, a monthly mortgage payment on a
$175,000 house would be $800 (this assumes a loo downpayment) .
This also assumes 33% of ones income is being used for a mortgage
payment. An individual making $2 ,400 a month or $28,800 annually
could make this mortgage payment. According to the above figures,
approximately 46% of the above employees could make this payment.
A 30 year fixed mortgage rate starts as low as 6%. With this rate,
a monthly payment on a $175, 000 house would be $945 (this assumes
a 10% downpayment) . An individual making $2,835 a month or $34, 000
annually could make this payment. Approximately 43% of the above
employees could make this payment. Some units on-site may be
offered for rent which would could start as low as $650.
Additional affordable housing units can be built on-site
through secondary units. The analysis in the EIR covered an
additional 200 units. The following condition is added to the
other recommended conditions of approval for Development Plan
#3032-90 and Rezoning 2918-RZ that would permit the construction of
secondary units:
The applicant may construct up to 200
secondary units. These units can be duets, or
attached or detached units. These units shall
be subject to the administrative approval of
the Zoning Administrator. These units are
exempt from contributions made on a voluntary
basis. Consideration may be given to
exemptions from other fees and contributions
to keep these units in the affordable price
range.
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ADDENDUM #2
To The
FINAL ENVIRONMENTAL IMPACT REPORT
For The
CYPRESS LAKES AND COUNTRY CLUB PROJECT
May 1993
SCH # 92023048
Prepared For:
CONTRA COSTA COUNTY
Prepared By:
PUBLIC AFFAIRS MANAGEMENT
101 The Embarcadero, Suite 210
San Francisco, California 94105
1. INTRODUCTION
The County of Contra Costa has prepared a Final Environmental Impact Report
(FEIR) for the Cypress Lakes and Country Club Project (State Clearinghouse #92023048).
The EIR included statements on pages 3-50 of the Draft EIR and page 4-231, Response
V-1, of the FEIR(Responses to Comments) that the County traffic model did not include
traffic figures on the anticipated future development in the Cypress Corridor. This
Addendum corrects those statements to read that the General Plan traffic model did
include traffic figures on the anticipated development in the Cypress Corridor,consistent
with the Land Use Element of the General Plan.
When an Environmental Impact Report has already been prepared, the California
Environmental Quality Act (CEQA) Guidelines identify several possible options for
addressing new information or changes to a project or EIR. These options include either
a "Subsequent", "Supplement" or "Addendum" to an EIR.
Subsequent EIR
Section 15162 of the CEQA Guidelines indicates that after an EIR has been
prepared, a Subsequent EIR is only required when 1) substantial changes are proposed
in the project which will require revisions to the EIR due to new significant impacts not
considered; or 2) substantial changes have occurred with respect to the circumstances
under which the project is undertaken; or 3) new information of substantial importance
becomes available. If these circumstances apply, a Subsequent EIR should be prepared.
Supplement to an EIR
Section 15163 of the CEQA Guidelines addresses the options for Supplemental
EIR's. The Lead Agency may choose to prepare a Supplement to an EIR rather than a
Subsequent EIR if any of the conditions described in Section 15162 would require a
Subsequent EIR and if only minor additions or changes are necessary to make the
previous EIR adequate.
Addendum to an EIR
Section 15164 of the CEQA Guidelines discusses the conditions under which an
Addendum to a previously prepared EIR is appropriate. The Lead Agency should
prepare an Addendum to an EIR if: 1) none of the conditions described in Section 15162
calling for a Subsequent EIR have occurred; 2) only minor technical changes or additions
are necessary to make the EIR under consideration adequate under CEQA; and 3) the
changes to the EIR made by the Addendum do not raise important new issues about the
significant effects on the environment. Unlike Subsequent or Supplemental EIR's, an
Addendum does not need to be formally recirculated for public comment pursuant to
CEQA procedures. However, the Addendum is made part of the public record for the
1
proposed project.
The County of Contra Costa has determined that an Addendum to the FEIR for
the Cypress Lakes and Country Club Project, pursuant to CEQA Section 15164, is the
appropriate document to address misstatements regarding the traffic model. This
determination is based on the following reasons: 1) the correction does not necessitate
substantial changes in the project which would require revisions to the EIR; 2) the
correction does not create substantial changes to the circumstances of the project; 3) the
correction does not constitute new information;4) the correction constitutes only a minor
technical change; and, 5) the correction does not raise new issues because the traffic
calculations made in the EIR were based on the traffic model which did include traffio
counts for the Cypress Corridor. The statements regarding which projects were included
in the model have no bearing on the actual traffic counts used in the EIR.
2. CYPRESS CORRIDOR TRAFFIC INCLUSION
The Cypress Lakes and Country Club Project Draft EIR at page 3-50, and FEIR at
page 4-231, Response V-1, is corrected to state that the County's transportation model
(traffic forecasts) for the General Plan and General Plan Environmental Impact Report
did include development of the Cypress Corridor area pursuant to the area's M-8 land
use designation in the General Plan's Land Use Element.
3. ' CONCLUSION
The Board of Supervisors finds that the General Plan's traffic model does include
traffic projections for Cypress Corridor consistent with the General Plan land use
designation for the area. The Board further finds that the correction to the FEIR
regarding the inclusion of Cypress Corridor in the traffic model does not raise any new
significant environmental issues that were not addressed in the FEIR. Therefore, this
minor correction to the FOR does not change the findings of the 'Final Environmental
Impact Report for the Cypress Lakes and Country Club Project.
The Board of Supervisors further finds that because the minor correction to the
FEIR will not raise any new environmental issues, an Addendum to the FEIR for the
Cypress Lakes and Country Club Project, pursuant to Section 15164 of the CEQA
Guidelines, is appropriate.
2
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: May 13, 1993
TO: Board of Supervisors �yy�
FROM: J. Michael Walford Public Works Director
SUBJECT: Subdivision 7562; Cypress Lakes Project Hotchikss Track Area
The above project was heard by the Board on May 4, 1993. At the Board hearing, the
applicant requested several modifications to the Public Works Conditions of Approval, as
outlined in a memo from Patricia Curtin, dated May 4, 1993. The following is a discussion
of each of the requested changes:
1. Condition 83 X. The applicant is requesting the design speed of Cypress Road over
the levee to be changed from 45 mph to 35 mph. Design speed is normally 5 to 10
mph higher than the posted speed limit. For example, interstate routes are designed
for 80 mph while the posted speed limit will only be 55 mph and in some cases 65
mph. For anticipated posted speed limit of 35 mph or more, the County usually uses
a design speed of 10 mph higher. Cypress Road is currently a two lane straight rural
road with very few intersecting streets. Cypress road is planned to be a four lane
divided arterial with very few intersecting streets. Driver speed will not likely be
reduced with the ultimate improvements. In fact, all other things being equal, traffic
will tend to drive faster on a four lane road than a two lane road. At present, fifty
percent of the cars on Cypress Road, between Jersey Island Road and Bethel Island
Road, travel at 55 mph or less, while eighty-five percent of the cars travel at 60 mph
or less. The posted speed limit on Cypress Road is currently 50 mph. The conditions
of approval require the improvements to Cypress Road offsite be designed for 60
mph. It is anticipated that traffic will slow down as they drive through the
intersection of Bethel Island Road and Cypress Road. However, for safety reasons
we would not recommend reducing the design to less than 45 mph, which we believe
is the absolute minimum.
There is also a request to reduce the design speed of Sandmound Boulevard from 45
mph to 35 mph. This is for the offsite portion.of Sandmound Boulevard and not the
levee crossing. Since the issue with the applicant is the design speed over the levee,
I believe there is no disagreement with applicant on this. A design speed of 45 mph
is appropriate for Sandmound Boulevard.
RECOMMENDATION:
Staff recommends not changing the condition of approval.
2. Condition of Approval 83 Y. The applicant is requesting that the design speed for
Cypress Road between Bethel Island Road and Cypress Lakes Drive be revised from
Subdivision 7562;
Cypress Lakes Project
Hotchkiss Tract Area
Page -2-
May 13, 1993
45 mph to 35 mph. Cypress Road between Jersey Island Road and Bethel Island
Road will be a four lane divided, limited access road. The design speed for this
section of Cypress Road is 60 mph. Drivers will drive in excess of the 50 mph speed
limit. It is unreasonable to expect that drivers will slow down to 35 mph east of
Bethel Island Road. We recommend 45 mph, as a transition between the four lane
divided Cypress Road and the onsite road system. Between Cypress Lakes Drive and
Sandmound Boulevard we are recommending a 35 mph design speed for Cypress
Road. In summary,we are recommending a transition in the design speed of Cypress
Road from 60 mph west of Bethel Island Road, to 45 mph between Bethel Island
Road and Cypress Lakes Drive, to 35 mph between Cypress Lakes Drive and
Sandmound Boulevard.
RECOMMENDATION:
Staff recommends not changing the condition of approval.
3. Condition of Approval 83 A X. We concur with the applicants request to revise the
$1,000 per unit fee for the Delta Expressway to $1,726. We do not, however,
recommend deletion of the last sentence of condition A X. We recommend retaining
payment of the proposed Delta Expressway fee with the issuance of building permits.
RECOMMENDATION:
Staff recommends changing the first portion of the condition of approval, but not
changing the second portion of the condition of approval.
4. Condition of Approval 83 A Z. We concur with the applicants request to reduce the
contribution for the extension of Byron Highway from$726 to $346 per dwelling unit.
RECOMMENDATION:
Staff recommends changing the condition of approval.
5. Condition of Approval 83 B I. The applicant has requested full credit against the
Area of Benefit (AOB) fees for the cost of the road improvements constructed. The
existing Bethel Island AOB was adopted prior to the Bethel Island Specific Plan and
the current County General Plan. The fees,therefore,were based upon development
potential that is not the same as to be expected under the current general plan. This
project represents a sizeable portion of the potential development in this area. If full
credit is given for the cost of the road improvements for this project in lieu of paying
the AOB fee, then funding for the remainder of the projects on the AOB list will be
in jeopardy. The staff recommended conditions of approval allow full credit for the
extension of Cypress Road between Bethel Island Road and Sandmound Boulevard.
Full credit is recommended because this development is completing the entire project
listed in the AOB project list. The other improvements this development is
constructing, however, only represent partial completion of the improvements on the
AOB project list. The conditions of approval allow credit and reimbursement for the
work preformed in relationship to the amount of work completed on the AOB
Subdivision 7562;
Cypress Lakes Project
Hotchkiss Tract Area
Page -3-
May 13, 1993
project list. The Board could direct staff to revise the Bethel Island ROB fee to
reflect current development potential and allow the applicant the option of paying
the existing AOB fee with credits and reimbursements as outlined in the
recommended conditions of approval or pay the revised AOB fee with credit and
reimbursement for the work preformed in proportion to the improvements listed in
the revised AOB project list. The revised AOB fee would be a more accurate, and
therefore more equitable, reflection of cost sharing for the improvements on the
AOB project list.
RECOMIVIENDATION:
Revise the conditions of approval to allow developer to pay current AOB fee or
revised AOB fee with credits and reimbursements in proportion to the work
performed.
6. In addition to the above, the applicant and Lynn Dunbar of the Archaeological
Conservancy, arrived at the following mutually agreeable modification to Condition
of Approval 83 S, which we concur with:
Convey to the County,by Offer of Dedication, 55 feet of right of way for the planned
future road along the westerly property line south of Cypress Road. This 55 feet of
right of way will be the easterly half width of a 110 foot right of way for the ultimate
extension of Bethel Island Road southerly to Rock Slough. The westerly portion of
right of way will be acquired with the development to the south or west of this
project. The right of way dedicated shall widen to a 60 foot half-width within 300
feet of the intersection of Cypress Road. The alignment shall be to arterial
standards, and subject to the review of the Public Works Department and the review
and approval of the Zoning Administrator.
The dedication and road alignment described above shall be modified as necessary
to protect the cultural resources on the subject property or on the property to the
west. This area of concern extends from the North Line of the South half of Sections
27 and 28 (centerline of existing Cypress Road) south 465 feet. South of this point
the road alignment shall transition back to centering on the westerly project property
line. If the Hotchkiss Mound extends beyond 465 feet south of the centerline of the
existing Cypress Road, then the right-of-way shall be designed to allow construction
of a road that will preserve the cultural resource, as recommended in the report
discussed below.
Surface and subsurface archaeological testing and reports determining the eastern
boundary, between Cypress Road and 465 feet south of Cypress Road, of
archaeological site CA-CCO-138(the Hotchkiss Mound)on the property immediately
to the west of the project property (Dal Porto property) shall be conducted by the
project applicant, and provided to Contra Costa County along with a proposed
Subdivision 7562;
Cypress Lakes Project
Hotchkiss Tract Area
Page -4-
May 13, 1993
alignment for the planned future road based on the archaeological reports, within
three months of approval of rezoning. Consideration shall be given to an appropriate
buffer area and/or barrier to protect the eastern boundary of archaeological site CA-
CCO-138. The archaeologist shall be selected and compensated by the project
applicant. Given the results of the CA-CCO-138 report and the reports defining the
limits of CA-CCO-139 (the Simone Mound) contained in the Cypress Lakes and
County Club EIR, the right-of-way, including slope easements, for the planned future
road and its intersection with Cypress Road shall be designed to avoid or preserve
and to cause the least possible impact, to the cultural resources on the project
property and the Dal Porto property to the west. The report shall include
recommendations for the design of Bethel Island Road South of Cypress Road to
protect the cultural resources as described above. That portion of the approved
right-of-way which falls on the project property will be conveyed to the County, by
Offer of Dedication.
The archaeological report determining the 465 feet of the eastern boundary of CA-
CCO-138 and the proposed location of the road right-of-way shall be subject to the
review and approval of the Zoning Administrator. The property owner to the west,
the California Northwest Archaeological Information Center, the Archaeological
Conservancy, the Office of Historic Preservation, and the Native American Heritage
Commission shall be notified and given two weeks from the date of receipt by each
agency to review and comment upon the report and the right-of-way location prior
to its approval.
Depending on these comments, the Zoning Administrator may require a peer review
of the archaeological report on CA-CCO-138 by another qualified archaeologist. The
location of the right-of-way shall be reviewed and approved by the Public Works
Department prior to issuance of grading permits for the construction of any portion
of the levee that might affect this road alignment, or prior to the filing of any final
map that may affect this road alignment, whichever comes first.
2. Modify Condition of Approval 44 as follows:
The design of the project levee shall be in accordance with the standards and
requirements of the Federal Emergency Management Agency for an urban standard
levee. Provision shall be designed into the project levee to allow for a future increase
in height of 4-feet to allow for the possible greenhouse effect. During the design of
the project levee, the crest elevation shall be increased by an amount equivalent to
the projected long term settlement. Levee design shall be acceptable to Reclamation
District 799. Levee and drainage systems shall be dedicated to Reclamation District
799.
Prior to issuance of any grading permit for the construction of the project levee, the
location of the right of way for the extension of Bethel Island Road south of Cypress
road, shall be reviewed and approved by the Public Works Department, Engineering
Services Division. The property owner to the west of the project and south of
Cypress Road, and the Archaeological Conservancy, shall be notified and given two
Subdivision 7562;
• Cypress Lakes Project
Hotchkiss Tract Area
Page -5-
May 13, 1993
weeks to review the grading plans for the levee that may impact the location of the
right of way for the extension of Bethel Island Road, up to 465 feet south of existing
Cypress Road, and to review the location of the intersections of Cypress Road and
Bethel Island Road prior to issuance of the grading permit.
Prior to issuance of a grading permit for the construction of any levees that front on
a public road, such as Bethel Island Road or Sandmound Boulevard, the grading
plans shall be reviewed by the Public Works Department to ensure provision of the
ultimate right-of-way.
JMW:RMA:fp:cl
C:s7562a.t5
cc: P. Curtin, Gagen, McCoy, Mahon & Armstrong
M. Helmes, Brian & Murphy
L. Dunbar, Archaeological Conservancy
P.O. Box 165
Newcastle, CA 95658
Carol Roland, CEQA Reviewer
Office of Historic Preservation
State of California
P.O. Box 942896-0001
Sacramento, CA 94296-0001
Larry Myers, Executive Secretary
Native American Heritage Commission
915 Capital Mall, Rm. 288
Sacramento, CA 95814
David Fredickson; Coordinator
Leigh Jordan
California Northwest Archaeological
Information Center
Department of Anthropology
Sonoma State University
Rohnert Park, CA 94928
Applicant, Subdivision 7488
H. Ballenger, Transportation Engineering
A. Beresford, Community Development Department