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HomeMy WebLinkAboutMINUTES - 05041993 - H.5 r H. 5' , i Contra TO: BOARD OF SUPERVISORS , o; Costa FROM: HARVEY E. BRAGDON 9iiiii� 1s County DIRECTOR OF COMMUNITY DEVELOPMENT '•, oo, _� titi4 DATE: May 4, 1993 sr� couri SUBJECT: HEARING ON THE ALBERS PROJECT, REZONING #2985-RZ, PRELIMINARY AND FINAL DEVELOPMENT PLAN #3005-92 AND SUBDIVISION #7679 TO REZONE A 73.48± ACRE SITE TO PLANNED UNIT DISTRICT FOR 288 SINGLE FAMILY RESIDENCES, A 12.3 ACRE RETAIL SITE WITH APPROXIMATELY 109,500 SQUARE FEET OF RETAIL BUSINESS SPACE, A 2.2 ACRE OFFICE SITE, A 3.2 ACRE LAKE AND A 1.7 ACRE PARCEL. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Take testimony on the Albers project and declare intent to: 1. Accept as adequate and in compliance with CEQA the previously certified Final Environmental Impact Report for the Albers General Plan Amendment, which analyzed this project among others. 2 . Approve rezoning application #2985-RZ to rezone 73 .48± acres from Heavy Agricultural District (A-3) to Planned Unit District (P-1) , including attached conditions (Exhibit A) and as recommended by the East County Regional Planning Commission and as modified by following staff recommendations. 3 . Approve Final Development plan #3005-92 including attached conditions (Exhibit A) and as recommended by the East County Regional Planning Commission and as modified by following staff recommendations. 4 . Approve the tentative map for Subdivision #7679 including attached conditions (Exhibit A) and as recommended by the East County Regional Planning Commission and as modified by following staff recommendations. 5. Direct the Public Works Director to revise the boundary on the Discovery Bay Area of Benefit (AOB) to include on the projec list the following improvements: CONTINUED ON ATTACHMENT: X YES S RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMIEN IO OF WOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON may APPROVED AS RECOMMENDED X OTHER X See Addendum for Board action VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT 2 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 4 , 1993 cc: Community Development Department PHIL BATCHELOR, CLERK OF Bellecci & Associates THE BOARD OF SUPERVISORS Monte & Lucia Albers A COUN DMINISTRATOR Public Works BY DEPUTY AB:d f Page Two • Widening Highway 4 to four lanes from Marsh Creek Road to Old River k • Construct improvements to Marsh Creek Road from Highway 4 to Bixler Road • Construct improvements to Bixler Road from Highway 4 to Marsh Creek Road To accommodate the above, the East County Regional Planning Commission also recommends the Board of Supervisors direct staff to revise the circulation element of the General Plan to include Bixler Road and Marsh Creek Road. Staff recommends that this amendment be done at the earliest opportunity. Close the hearing and continue to May 18, 1993 and direct staff to prepare appropriate findings and Mitigation Monitoring Program for Board consideration and approval. FISCAL IMPACT There will be costs to staff to revise the Area of Benefit and the Circulation Element of the General Plan. BACKGROUND/REASONS FOR RECOMMENDATIONS On November 9, 1992 the County Zoning Administrator approved the Final Environmental Impact Report for the Albers General Plan Amendment and related actions as being adequate. The East County Regional Planning Commission heard the Albers General Plan Amendment on February 1, 1993 and recommended that the Board of Supervisors approve the request. On February 8, 1993 the East County Regional Planning Commission recommended approval of the P-1 Rezoning (#2985-RZ) closed the hearing on the Final Development Plan (#3005-92) and Subdivision (#7679) , declared their intent to recommend approval of the project and to recommend that this area be annexed into the Discovery Bay Area of Benefit. On March 1, 1993 , the East County Regional Planning Commission recommended approval of Development Plan #3005-92 and Subdivision #7679 subject to the attached Conditions of Approval (Exhibit A) . Attached are four letters received after the East County Regional Planning Commission hearings. The letter from the Byron-Bethany Irrigation District received March 9, 1993 , requests that the existing 6 foot deep drainage ditch along the north side be covered and piped. Staff recommends that if the Board does decide to have the ditch piped that the pipe be properly sized per Title 9 of the ordinance. Also attached is a letter from the Discovery Bay Municipal Advisory Committee protesting the rezoning of the Albers and the Byron 78 property (to east of Albers project) . The letter was received on April 14, 1993 . Another letter from the Discovery Bay Municipal Advisory Committee is attached asking that this area by made a part of the Discovery Bay Area of Benefit. A letter from the Discovery Bay Concerned Citizens Committee is also attached. The letter was received on March 18, 1993 . Their concerns are over the costs of this development in regards to the extension of water and sewer service to the Albers site. They also request that Highway 4 be made a 4 lane road at the Bixler Road intersection. They want the Albers Project to have separate landscaping and lighting from Discovery Bay. Their last concern is the impact that the Albers project may have in regards to the flood zone. They were concerned over a possible impact on Discovery Bay. The Albers project will have to be taken out of the 100 year flood Page Three zone. It should not have any impact on Discovery Bay which has already been removed from the Flood Zone. During the review of this project, staff inadvertently left out one condition that requires that the site be removed from the one hundred year flood zone. While this is a requirement of the County Ordinance, it is best to have a condition requiring site removal from the one hundred flood zone. Staff recommends modifying the second sentence of Condition #7 to read as follows: 7 . Prior to issuance of building permits for each phase of this project, submit written evidence that building pads in the phase have been removed from the one hundred year flood plain. Staff further recommends that Condition #15 be modified to read as follows: *15. Prior to recording the final map for this development, "will serve" letters from the Byron Elementary School District and the Liberty Union High School District shall be submitted to the Zoning Administrator. In the alternative, submit evidence satisfactory to the Zoning Administrator that the applicant has complied with all legally established school facilities finding requirements. For completeness of the project record, it should be noted that the transportation conditions of approval consist of the Public Works Department's determinations regarding the project's fair share allocation of the improvements recommended in the project EIR Furthermore, the conditions of approval relating to project ingress and egress are the equivalent of the mitigation measures recommended in the EIR. add the following to Condition #17 : 17. In addition, incorporate in building plans for the residential units the following features: provision of adequate street parking, lot and porch lighting, clearly discernable address signs in each unit, dead bolt exterior doors, window locks, no lift window frames and a clear view of street and garages from project homes. Since the Final EIR (on page 199 of the response document) does not find significant effects on wildlife, Conditions #35 and #36 should be eliminated as unnecessary. Condition #32 should be modified to read as follows: 32. If the County's right of farming ordinance has been adopted prior to the issuance of the first building permit on this site, the developer shall inform future owners of that ordinance informing them of the right to farm within the Contra Costa area. References to "Parcel Map" in Conditions #7 should be changed to Final Map. Any other inadvertent references to parcel map should be changed to final map. In Condition #25 reference to "TSM Plan" and "ordinance" should be changed to TDM Plan and ordinance. Condition #39 .B, first paragraph to read as follows: This project shall comply with the provisions of the Albers General Plan Amendment and related actions Environmental Impact Report as determined by the Board of Supervisors. Conformance with the EIR include the following requirements: To make sure that fire protection and emergency medical services are properly mitigated, staff recommends that a condition #40 be added to read as follows: Page Four 40. The project will comply with all applicable fire and emergency services requirements of the General Plan, the County Code and regulations of the East Diablo Fire Protection District, including, as required by the General Plan, the County Code and regulations of the East Diablo Fire Protection District, a fair share contribution to providing local fire and emergency services facilities and water storage and delivery systems. To clarify development of the site staff recommends that the following sentence be added to Condition #1. Prior to recording the final map for this development, the General Plan Amendment and P-1 rezoning for the site shall have been approved. ADDENDUM TO ITEMS H . 4 AND H . 5 MAY 4 , 1993 On April 20, 1993, the Board of Supervisors continued to this date the hearing on the request of Lucia Albers to amend the County General Plan for a seventy-four acre site from Agricultural Lands and Agricultural Core to Commercial and Single Family Residential High Density (GPA 4-90-EC) , Discovery Bay area; and This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the East County Regional Planning Commission on the request by Bellecci and Associates (applicant) and Monte and Lucia Albers (owners) for approval to rezone 73 . 48 acres of land from Heavy Agriculture District (A-3) to Planned Unit Development (P-1) for 288 Single Family Residences, a 12 . 3 acre retail with approximately 109, 000 square feet of Retail Business Space and a 2 . 2 acre office site, a 3 . 2 acre lake and 1 . 7 acres of park area (2985-RZ) ; and for approval of a Final Development Plan for a 288 Single Family Residential Development, a 12 . 3 acre retail site with approximately 109, 500 square feet of Retail Business Space, a 3 . 2 acre lake and 1 . 7 acres of park land (County File #3005- 92) ; and for approval of a Vesting Tentative map to subdivide the 73 . 48 + or - acre site into 288 Single Family residential lots along with other uses (Subdivision 7679) in the Discovery Bay/Byron area . Dennis Barry, Community Development Department, presented the staff report on the proposal, describing the site location, and he recommended considering the projects together . Mr . Barry also commented on the conditions proposed for the project and some modifications in the staff report . James Cutler, Community Development Department, presented the staff report on the General Plan Amendment . Steve Wright, Public Works Department commented on the April 29, 1993, memo on the State Route 4 Bypass Fee being applicable to the proposal, and on the project remaining in the East County Area of Benefit . Mr . Wright commented on a memo dated May 4 , 1993, and that they wished to work with the applicant on the timing of improvements and on the approval of the plans by Cal Trans . The public hearing was opened and the following persons presented testimony: Alan Hyden, 1855 Gateway Boulevard #650, Concord, representing Centex Homes; Lucia Albers, 9601 Deer Valley Road, Brentwood, owner; William Slifer, 46609 Spinnaker Way, Discovery Bay; Sherry Anderson, 2206 Sand Point Road, Discovery Bay; Herbert R. Hern, 1984 Seal Way, Byron, representing the East County Regional Planning Commission; Anthony J. Ujdur, 116 Birchbark Place, Danville; Sanford Skaggs, representing the applicant, spoke in rebuttal . The public hearing was closed. Supervisor Torlakson moved approval of the project . Supervisor Powers clarified that the motion was to close the hearing and move the intent to make the findings come back. Supervisor Powers concurred. The Board discussed issues they would like staff to address before coming back to the Board including jobs housing balance, Highway 4 widening, the Delta Expressway fee, affordable housing and a bike path . IT IS BY THE BOARD ORDERED that the public hearing on the above matters is CLOSED; and the Board DECLARES ITS INTENT to approve the above matters on May 18, 1993, and Community Development staff is DIRECTED to prepare the appropriate findings and documentation for Board consideration . ' CONDITIONS OF APPROVAL FOR 2985-RZ,FINAL DEVELOPMENT PLAN 3005-92,VESTING TENTATIVE SUBDIVISION 7679 AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION FINDINGS 1. The applicant has indicated that they intend to commence construction with two and one-half years of the effective date of the final project approval. 2. The proposed site plan is generally consistent with modifications with the General Plan Amendment filed on this site, File #4-90-EC. 3. The Albers property development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of nearby community with proper conditioning. r 4. In accordance with the required findings of the Planned Unit 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 a land use limitations in the area. Conditions of Aoaroval 1. The development shall be based on the following submitted exhibits except as modified by the conditions below. These conditions of approval incorporate and are in addition to all approved mitigation measures. A. Revised Vesting Tentative Map, Final Development Plan and phasing plan dated received February 3, 1993. B. Geotechnical investigation report by Kleinfelder, Inc. & Associates dated received June 22, 1992 along with their response letter dated received November 24, 1992. C. Elevation of project home schemes as outlined in the Draft EIR for the project figure 7. D. Preliminary landscape plan as outlined in the Draft EIR for the project, Figure 8. E. Elevational drawings of the shopping center. F. Report by Thompson & Associates concerning the economic feasibility of the proposed shopping center. 2. A separate final development plan submittal-and approval will be required for the proposed professional-medical office complex. 2 3. The length of approval for the tentative development plan 2985-RZ, final development plan 3005-92 and SUB 7679 is for three years. One 3-year extension be granted for the project subject to proper request and approval. 4. The phasing plan is acceptable as proposed. Phasing may be modified subject to the review and approval of the Zoning Administrator. *5. Means to slow traffic through the residential portion of the site shall be developed. These street revisions shall be acceptable to the Public Works Department and the Zoning Administrator. *F. Comply with the landscape requirements as follows. The following reports are subject to Zoning Administrator review and approval: 11 *A. At least 30 days prior to requesting recording of the final map for Phase I, submit a street tree planting plan for the entire development, a landscape plan for the landscaping and soundwall along the site's frontage along State Highway 4, and a landscape plan for the park area around the proposed lake. The plan shall include typical frontyard landscape plans for residences on site. B. The plan for the proposed lake shall include at least one suitable pier where people can walk out over the lake. There shall be at least two suitable tot lot play areas in the park area. C. At least 30 days prior to requesting building permits for Phase 5 of this development, submit a final architectural and landscape plan showing proposed landscaping and building finish and design for the entire commercial area of the site. The plan shall include mounding along State Highway 4 frontage, tree wells for every third to fifth space within the parking lot area depending on tree type approved. A suitable attractive masonry wall along the northerly side of the site where it backs up to single family residences. Samples of building materials and colors shall be submitted for review and approval of the Zoning Administrator. D. Submit a design for a suitable trail to connect the Phase I area with the proposed retail area. The trail can be generally located were the applicant wishes. Staff suggests that the trail be located between Lots #255 and 256. E. Landscaping shall conform to the County Water Conservation Policies in regards the use of drought tolerant trees, bushes and groundcover. *F. Fence design and location shall be shown on the plans. A suitable masonry wall shall be erected along the site's frontage on State Highway 4. The soundwall area should mounded to reduce the overall height of the soundwall. The plans for the masonry wall shall be submitted for Zoning Administrator review and approval. The soundwall shall be designed in a manner were it will not create a monotonous. straight wall. The soundwall shall be stepped back and forth periodically to help improve the appearance of the wall. An 3 acoustical study shall be submitted showing the reduction of noise from State Highway 4 that the soundwall accomplishes. G. A 9-foot wide landscape strip shall be created along the south side of the soundwall and shall be properly landscaped prior to the issuance of building permits for Phases 2 and/or 3, as the case may be. Means for long term maintenance shall be developed.- The landscaping and maintenance plan shall be reviewed by the Public Works Department, and reviewed and approved by the County Zoning Administrator. H. Frontyard landscaping shall be installed or bonded prior to occupancy of residences. All landscaping shall be maintained by the applicant until occupancy, or in the case of common areas until the annexation into a landscape and/or lighting district. The applicant shall be required to annex when and if a district is formed and shall notify future owners by deed notice of the fact that the site was within a landscaping/lighting district and/or park district. *I. The northerly and westerly sides of the site shall be fenced with a suitable fence design to prevent the movement of domestic pets and animals north into the surrounding rural ranchettes and west onto agricultural lands. Staff suggests a 6-foot tall or taller cyclone fence with slats. This fence design shall be submitted for the comments of the neighboring owners and the Byron- Bethany Irrigation District prior to installation. The type of fence can be changed to a solid wood fence if that is the wish of a neighbor(s) to the north of the site. The western side of the site shall be buffered with suitable evergreen bushes and decidious trees. J. Grading plans shall include erosion protection on all slopes of five feet or more in height and a gradient steeper than 10:1. Protection shall be equal to or better than hydroseeding with mulch. Hydroseeding shall be as recommended by a certified landscape architect. K. The Parcel B area of the site shall remain in its natural condition insofar as possible. *L. Each lot shall have at least two suitable street trees.except that corner lots shall have at least four street trees. M. The palm trees on the County property shall be transplanted to a suitable location on the site. 7. At least 30 days prior to filing a parcel map or issuance of a grading permit, the applicant shall submit a grading plan for the review and approval of the Zoning Administrator. The site shall be removed from the 100-year flood zone prior to occupancy of residences or commercial buildings. This can be done phase by phase. 4 8. Homes and other large structures shall be designed and placed to minimize the visual impact from adjoining properties or roadways. All structures shall have non-flammable roofs and fire retardant or non-flammable siding. All out-buildings shall have adequate spacing from residences. 9. In the event this project, SUB 7679 and Development Plan 3005-92, is restricted by declaration of covenants,conditions and restrictions (CC &Rs),they must be received prior to approval of the Community Development Department, meet applicable regulations of the California State Real Estate Commission. 10. 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 Community Development Department and its agents, officers, and employees from any claim, action or proceeding against the agency (the County) or 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 time period provided for in Section 66499.37. The County will promptly notify the subdivider of any such claim, action, or proceedings and cooperate fully in the defense. "11. Guide for development and use provisions for this site shall be as follows: "A. Setback of residential units located along the northerly property line shall be varied between 15 and 20 feet. All garages shall have a setback of at least 17.5 feet provided verticle garage doors are used. Frontyard setbacks may be reduced to. 15 feet for covered porches. Sideyard minimum shall be 5 feet with an aggregate sideyard of 13 feet. Rearyard minimum for second stories is 25 feet. The R-6 zoning district shall be used as a guide for the height, or lot coverage of the site as well as the location of any detached sheds or outbuild- ings. "B. Setback of residential units not located along the northerly property line area shall be varied between 15 and 20 feet. All garages shall have a setback of at least 17.5 feet. Frontyard setbacks may be reduced to 15 feet for covered porches. Sideyard minimum shall be 5 feet with an aggregate sideyard of at least 13 feet. The R-6 zoning district shall be used as a guide for the height and/or lot coverage of the site as well as the location of any detached sheds or outbuildings. "C. 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. All garages within the area of the site shall have vertically opening garage doors. Residences located at the corners shall be single story as often as possible. Houses along State Highway 4 shall have appropriate sound reduction measures built in acceptable to the Zoning Administrator. 5 D. At least 15 days prior to issuance of building permits in Phases 1, 2, 3, and 4 a detailed plan showing the location of homes shall be submitted for the Zoning Administrator's review and approval. 12. A homeowners association shall be formed for the maintenance of the park and lake area, and the landscaping along the State Highway 4 frontage of the site and the landscaping along the westerly portion of the site, and the maintenance of Parcel B as needed unless a public agency assumes responsibility for maintenance. 13. At least 30 days prior to filing the Final Map, proposed street names (public and private) shall be submitted for the review by the Community Development Department, Graphic Section(Phone 646-2029). Alternate street names should be submitted. The final map cannot be certified by the Community Development Department without the approval of street names. 14. Should archaeological materials be uncovered during grading,trenching or other on-site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. "15. Prior to recording the final map for this development, will serve letters from the Byron Elementary School District and the Liberty Union High School District shall be submitted to the Zoning Administrator. *16. The applicant shall show proof that water and sewage services are available prior to recording the map. Sewage service and water service shall be provided by Sanitation District #19A. Prior to recording a final map for this development, will serve letters from the Sanitation/Water District shall be submitted. "17. 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 this subdivision action. The tax shall be $200 per parcel annually (with appropriate future Consumer Price Index (CPI) adjustment). The election to provide for the tax must be completed prior to the filing of the Parcel Map. The property owner.shall be responsible for paying the cost of holding the election. The fee for election costs will be due at the time that the election is requested by the owner. 18. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the applicant shall record the following notice: "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 6 - 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. *19. The following statement shall be recorded at the County Recorder's Office for each parcel to notify future owners of the parcels that they own property in an agricultural area: "This document shall serve as notification that you have purchased land in an agricultural area where you may regularly find farm equipment using local roads; farm equipment causing dust; crop dusting and spraying occurring regularly; burning associated with agricultural activities;noise associated with farm equipment and aerial crop dusting and certain animals and flies may exist on surrounding properties. This statement is, again, notification that this is part of the agricultural way of life in the open space areas of Contra Costa County and you should be fully aware of this at the time of purchase." *20. Comply with the following construction, noise, dust and litter control requirements: A. Noise generating construction activities, including such things as power generators, shall be limited to the hours of 8:00 A.M. to 5:00 P.M., 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 and to the Discovery Bay Homeowners Association and Discovery Bay Municipal Advisory Council 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 authority to indicate and implement corrective action in their area of responsibility. The names of the individual responsible for noise and litter control shall be expressly identified in the notice. The notice shall be reissued with each phase of major grading activity. 7 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. E. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. Prior to issuance of building permits, the proposed roads serving this development shall be constructed to provide access to each lot. This shall include provision for an on-site area in which to park earth moving equipment. *21. At least 45 days prior to recording a Final Map, issuance of a grading permit, or installation of improvements or utilities, submit 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. *22. The report required above shall include evaluation of the potential for liquefaction and seismic settlement. *23. 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. *24. At least 30 days prior to issuance of permits to grade and create the lake 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 of this area. 25. Prior to the issuance of building permits, the applicant shall submit a detailed TSM Plan for review and approval by the Zoning Administrator (unless otherwise required by a TSM Ordinance). The approved TSM Plan shall be operative prior to final inspection by the Building Inspection Department. *26. Provision of a Child Care Facility or program is required for this development. The program shall be submitted for the review and approval of the Zoning Administrator prior to the filing of the Final Map. If possible,it is encouraged that a child care center be developed on this site. 27. Prior to recording the final map for phases on this site, confirmation shall be received from the Byron-Bethany Irrigation District that any facilities they have on the site have been properly moved or removed as the case may be, or as an alternative a letter from 8 the District may be submitted indicating that they have no facilities on the site that will be disturbed as a result of this development. 28. Suitable bus stop(s) shall be developed on the site subject to review and approval of the local transit agency. The bus stop, if developed, shall consist of a covered bench or other suitable structures subject to the transit agency review and approval, and the Zoning Administrator's review and approval. If the local transit agency does not wish a bus stops in this area, this requirement can be deleted subject to receiving written confirmation from the local transit agency. 29. The household of each existing residence,renting or living in the residences at the time of development, if not electing to purchase a unit when offered for sale, shall be provided with moving expense allowances equal to 150% of one month's rent for that unit and shall be provided with 60 days notice of the actual moving date. *30. Prior to issuance of building permit for the commercial center, Phase 5, the applicant shall provide plans to the County Sheriff's Department for their review and for suggestions of any changes to the design that could be made for defensive crime prevention. If an agreement cannot be reached, then that matter can be brought back to the Zoning Administrator for decision. 31. Any hazardous chemical stored on the site shall be properly removed and disposed of under County Health Services Department regulations. Any existing water wells on the site shall be properly capped under County Health Services Department regulations. Prior to recording the final map for any phase of this site, the applicant shall have the site inspected by a competent Hazardous Waste Materials Expert, who shall submit a report to the County Health Services Department and the Zoning Administrator for review and approval attesting to the removal of any hazardous waste materials on the site or lack of any located in that area of the site. This review shall take place.prior to any grading within the area of the site to be developed. *32. 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 County area. *33. Prior to construction on any phases on this site, submit a construction period circulation plan subject to the review and approval of the Public Works Department and the Zoning Administrator. This plan shall be implemented prior to major construction on the site. This may include providing acceleration/deceleration lanes on Highway 4 for trucks and to provide for off-street parking for construction workers either on the site or in some nearby area agreeable to the Public Works Department and Zoning Administrator. *34. 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 owners shall be informed by disclosure statement of the potential for future requirements for levees 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. 9 *35. Prior to final map approval or issuance of a grading permit for any development on this site, an August site survey shall be completed to look specifically for the San Joaquin Saltbush. If this sensitive plant species is found to exist on the site, a redesign of the project to protect this location or other Department of Fish & Game approved mitigation measures will be necessary. This report shall be submitted for the Zoning Administrator's review after review by the Department of Fish & Game. Approved mitigation measures carried out prior to any grading on the site. *36. At least 30 days prior to any anticipated development activity on the site,the site shall be evaluated by the California Department of Fish & Game, Environmental Services Division, and the U.S. Fish & Wildlife Service, Endangered Species Division, to determine the site's suitability as Kit Fox habitat. If required by the California Department of Fish & Game, a survey of the site including: (1) night spotlighting, (?) line transits, (3) sense stations, and (4) photo stations should be undertaken prior to any project development for recording of final maps. This survey should be completed in compliance with the approved survey methodology adopted by the California Department of Fish & Game. If the Kit Fox is found to utilize the site or its immediate vicinity, the applicant shall be required to secure the preservation of the site with similar habitat (three times the size of the identified habitat area) located within the identified range of the Kit Fox, at a location subject to the review and approval of the Department of Fish & Game and U.S. Fish & Wildlife Service. This report attesting to this measure being carried out shall be submitted to the Zoning Administrator for review and approval at least 30 days prior to anticipated development on the site. *37. Prior to Final Map approval for any phase of this development and/or site grading, the applicant shall submit a written determination that the project is not subject to Department of Fish & Game jurisdiction and that the project has complied with the applicable agency procedures and requirements. The applicant shall also determine that the project is not subject to U.S. Army Corps of Engineers jurisdiction. Reports attesting to the compliance with the condition shall be submitted to the Zoning Administrator for review and approval. 38. The garage area of leach residence shall 5e wired for electric car recharging subject to the review and approval of the Zoning Administrator, and subject to the adoption of final Board policy. *39. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: *A. In accordance with Section 82-2.006 of the County Ordinance Code, this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. Conformance with the Ordinance includes the following requirements: 1) Constructing road improvements along the frontage of Sixler Road. t .l 10 Constructing curb, six-foot sidewalk (width measured from curb face), necessary longitudinal and transverse drainage,pavement widening,left- turn lanes for each project access and a half-width median island (including surface treatment,landscaping,and irrigation) will satisfy this requirement. In lieu of actual construction of the half-width median island, the applicant may be allowed to make a cash deposit for the 46 construction of the median island, subject to the approval of the Public Works Department. Proposed bus shelters shall be clear of the sidewalk area. The face of the curb shall be 40 feet from the centerline of the road. `2) Constructing road improvements along the frontage of Highway 4. Constructing curb, necessary longitudinal and transverse drainage, necessary pavement widening to a accommodate two eastbound lanes, two westbound lanes and an additional acceleration/deceleration lane for right turn ingress and egress from the commercial center along the frontage will satisfy the is requirement. The face of the curb shall be 45 feet from the ultimate centerline of the road, except in the vicinity of the proposed acceleration and deceleration lanes along the frontage. The State Highway 4 transition to the east of Bixler Road shall include a right turn lane from Highway 4 to Bixler Road. If State Highway 4 were widened equally on both sides of the existing roadway centerline, the improvements would encroach into Kellogg Creek. Page 20 of the EIR Summary recommends that the project require all necessary right of way widening to occur on the project side of State Highway 4 in order to avoid impacts to Kellogg Creek channel. State Highway 4 is proposed to have a 126-foot right of way and Kellogg Creek is proposed to have greater than a 100-foot ultimate right of way width. In the area of conflict between the proposed 126-foot right of way and Kellogg creek, all widening of the Highway 4 right of way shall occur on the project side of Highway 4 right of way shall occur on the project side of Highway 4 to avoid impacts on Kellogg Creek. 3) Installing street lights on Bixler Road, Highway 4 and the internal subdivision streets and-annexing the property to County Service Area L- 100 for maintenance of the street lights. The final number and location of the lights shall be determined by the Public Works Department, Engineering Services Division. 4) Undergrounding of all utility distribution facilities, including #e i existing distribution facilities along the Highway 4 and Bixler Road frontages of the Albers property. 11 "5) Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate public storm drainage facility which conveys the storm waters to a natural watercourse. Designing and constructing storm drainage facilitjes required by the Ordinance in compliance with specifications outlined in Division 914 of the Ordinance and in compliance with design standards of the Public Works Department. That portion of Kellogg Creek which lies to the south of State Highway 4 is an inadequate man-made drainage facility. If the applicagt discharges concentrated storm waters there, the applicant shall be required by Division 914 of the Ordinance Code to prove the adequacy of the facility from the point of discharge to the natural watercourse, or to improve the capacity of the downstream facility if necessary. The tentative map indicates a plan to discharge concentrated storm waters to Kellogg Creek via an existing open drainage ditch near the northeast corner of the property. Kellogg Creek is an adequate point of discharge in that vicinity. However, because the drainage ditch is a man-made facility and not a natural watercourse, the applicant will be required to obtain a public storm drainage easement from the underlying property owner to the east prior to discharging run-off into the ditch. If, after good faith negotiations, the applicant is unable to acquire necessary rights of way and easements, he shall enter into an agree- ment with the county to acquire the necessary interests in accordance with Sections 66462 and 66462.5 of the Subdivision Map Act. If the ditch conveying storm drainage from this property also conveys irrigation district water, then the hydraulic analysis for the ditch must consider the joint use during the wet weather months from October 15 to April 15. The applicant would also be required to obtain a drainage release from the Byron-Bethany Irrigation District (BBID) prior to filing of the Final Map, for those portions of the downstream drainage ditch which are held by BBID in fee title. The lake may be constructed as a detention basin provided that it is designed and constructed in accordance with the "County Detention Basin Policy", subject to the review and approval of the Public WoFks Department, Engineering Services Division. 6) Submitting improvement plans prepared by a registered civil engineer, payment of review and inspection fees, and security for all improve- ments required by the Ordinance code or the conditions of approval for this subdivision. These plans shall include any necessary traffic signage 12 and striping plans for review by the County Public Works Department, Road Engineering Division. 7) Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. B. This project shall comply -with the provisions of the Albers General Plan Amendment and Related Actions Environmental Impact Report. Conformance with the EIR includes the following requirements: "1) Contribute this project's"fair share" amount toward area-wide improve- ments, such as: a) The installation of traffic signals and intersection improvements at the Highway 4 intersections with Byron Highway, Balfour Road, and Marsh Creek Road. b) Widening and upgrading Highway 4 to six-lane arterial standards between Marsh Creek Road and Bixler Road. c) Widening Highway 4 to four lanes n9rth of Marsh Creek Road and east of Bixler Road. "d) Widening and upgrading Bixler Road to five lanes between Highway 4 and Marsh Creek Road. In lieu of the above, this project's fair share contribution to the area- wide road system shall consist of construction of the recommended Highway 4 improvements along the frontage with adequate transitions and signalizing of the Highway 4 intersection with Bixler Road, subject to partial reimbursement from future impacting developments. In addition, prior to filing the Final Map for Phase 4, a "fair share" contribution toward the signalization of the Highway 4/Marsh Creek Road intersection in the amount of 8% of the signalization costs shall be required. "2) Provide for bus pull-outs and covered bus shelters at locations desig- nated by the Tri-Delta Transit Authority, subject to the review of the Public Works Department and CALTRANS, and subject to the review and approval of the Zoning Administrator. *3). Provide bicycle and pedestrian accesses from F Street to the commercial center, and from the Phase 2 court to the retail center. "4) Provide fifteen additional parking spaces over those required for the retail center to provide a park-and-ride lot near the State Highway 4/Bixler Road intersection subject to the review of CALTRANS and the Public Works Department, and subject to the review and approval of the F � 13 Zoning Administrator. Provide adequate parking for the combined use of the park-and-ride lot and the retail center. 5) Install traffic signals at the Highway 4 intersections with Bixler Road and "T" Parkway. Install a traffic signal inter-connection between the two traffic signals and the intersection improvements at the Discovery Bay Boulevard-State Highway 4 intersection, subject .to the review and approval of the Public Works Department and CALTRANS. *6) Construct left-turn acceleration lanes on northbound Bixler Road at the commercial site accesses,and construct right-turn deceleration lanes on southbound Bixler Road at the approaches to the commercial site accesses. *7) Provide for adequate truck turning movements at the service road driveway connections for the proposed commercial area. *C. Convey to the County, by Offer of Dedication, additional right of way on State Highway 4 as required for the planned future width of 126 feet. In the area of conflict between the proposed 126-foot right of way and Kellogg Creek, all widening of the Highway 4 right of way shall occur on the project side of Highway 4 to avoid impacts on Kellogg Creek. If this portion of Highway 4 is added to the Area of Benefit project list, then credit may be provided for the additional right-of-way needed which is greater than an equal right-of-way divided north and south of the centerline of Highway 4. The total right-of-way needs shall include the right-of-way for Highway 4 and the right-of-way for Kellogg Creek. Any credit shall be based upon the value of land at the time of the filing of the Final Map for Phase 1. *D. Convey to the County, by Offer of Dedication, additional right of way on Bixler Road as required for the planned future width of 100 feet. E. Provide for adequate corner sight distance based on a design speed of 55 mites aper hour at the project entrances on Bixler Road, 65 miles per hour at the project entrances on Highway 4 and 25 miles pr hour at all internal intersec- tions in accordance with CALTRANS standards. F. Relinquish abutter's rights of access along Highway 4 and Bixler Road,including curb returns. Access openings will be allowed as shown on the vesting tentative map as modified by these conditions of approval. G. Construct the on-site road system to County public road standards and "convey to the County, by Offer of Dedication, the corresponding right of way. H. Eliminate the "P" Street access to Highway 4 as shown on the tentative map, and extend "H" Court to the south to function as access to Highway 4 from the westerly portion of the subdivision. From Highway 4 to "S" Street,the access shall be constructed to a 40-foot width within a 60-foot right of way, with 14 four-foot, six-inch siftwalk (width measured from curb face). No driveways shall be allowed within 60 feet of Highway 4. Construct acceleration and deceleration lanes for right turn ingress and egress at the intersection of the "H" Court access and Highway 4. If left turns are to be allowed there for site ingress and egress, install a left turn lane and a left turn acceleration lane in the median area of Highway 4. f These intersection improvements shall be designed and constructed to Caltrans standards, and shall be subject to the review of Caltrans and the review and approval of the Public Works Department. 1. Construct "S" Street to County collector road standards from "T" Parkway to "D" Street. r J. An encroachment permit for construction within the State right of way shall be obtained from CALTRANS through the Public Works Department, Engineering Services Division. K. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. *L. The property lies within the 60db noise level portion of the Noise Contour Map. The applicant shall submit an acoustical analysis prepared by a qualified expert and based on ultimate road widening and ultimate development of the area,and mitigate impacts subject to the review and approval of the Zoning Adminis- trator. *M. Coordinate through the Public Works Department, Engineering Services Division, the design of the Bixler Road accesses with those of the Byron 78 project to the east. *N. Physically restrict the access at the mid-point of the commercial center along Highway 4 to right turn ingress and egress only, subject to the review of the Public Works Department, Engineering Services Division, and review and approval of CALTRANS. *0. The applicant shall contribute $1,726 per single family unit and $1.55 per square foot of gross floor area for commercial and office developments to the Improvement Fee Trust (Fund No. 819200-0800) designated for the Delta Expressway, to be consistent with the Oakley Area of Benefit. P. Provide at least a 17.5 foot structure setback from the garage to the front property line, and provide a vertical rise garage door with an automatic garage door opener. *Q. Provide adequate on-site parking facilities for construction workers so they will not park on State Highway 4 or Bixler Road. Construction vehicle and worker traffic shall access the site via Bixler Road, not State Highway 4. j 15 R. -Furnish proof to the Public Works Department, Engineering Services Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. If, after good faith negotiations, the applicant is unable to acquire necessary rights of way and easements,he shall enter into an agreement with the County to complete the necessary improvements at such time as the County acquires the necessary interests in accordance with Section 66462 and 66462.5 of the Subdivision Map At. S. Apply to the Public Works Department for annexation to the County Landscap- ing District AD 1979-3 (LL-2) for the future maintenance of landscaping and irrigation facilities in median islands along Bixler Road, parkways along Highway 4 and Bixler Road, and other areas ("open space" is specifically excluded). Submit landscaping plans to the Public Works Department and pay the plan review and field inspection fees. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their mainte- nance by the County after final inspection is cleared. Landscaping plans shall be reviewed and approved prior to filing of the Final Map. Subject to the approval of the Public Works Department, if the median improvements cannot be constructed at the intended time, the applicant shall contribute the estimated cost of the work to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements to Bixler Road. The cost of landscaping may be based on the industry standard for work on similar roads. T. Implement measures to guarantee a stable lake level and to provide adequate water quality in the lake system. Maintenance, future improvements and water quality in the lake system shall be specifically addressed in the covenants, conditions and restrictions (CC & Rs). Maintenance shall include but not be limited to, limiting the growth or removal of algae and water hyacinths. The applicant shall submit a lake management plan to the Public Works Department, Engineering Services Division, for review and to the Community Development Department for review and approval prior to the filing of the Final Map for the phase which includes the lake. The report may have to be reviewed by a competent limnologist which may require additional fees to pay for the review. U. The applicant shall be required to contribute a .drainage fee to the County Drainage Fee Trust (Fund No.-812100-0800) designated for improvements in- the Kellogg Creek watershed as follows: Prior to the filing of the Final Map for Phase I of the project, the applicant shall make an initial contribution of $25,000 toward the drainage fee. The Flood Control District will use this contribution to implement a drainage plan for the Kellogg Creek Watershed and to establish fees to fund the necessary drainage 16 improvements under the plan. When the drainage area is formed, and the fee is established, the applicant will be required to pay the drainage fee for all phases of the project for which a Final Map has not been filed. If a Final Map is filed prior to adoption of the drainage fee then no fee will be paid with that map. Regardless of the amount of the adopted drainage fee, the drainage fee obligation for this project shall not exceed $0.35 per square foot of impervious surface. 4 The applicant may request to perform all or a portion of the following specific work and receive credit against the drainage fee: • Develop a Kellogg Creek Watershed Master Plan of regional drainage improvements along with a fee ordinance subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. " Prepare an environmental impact report for the proposed watershed regional improvements. Construct specific regional improvements in the Kellogg Creek water- shed shown on the adopted drainage plan, to help mitigate the drainage impact and flooding of property to the west. Any of the above work which the applicant requests to perform shall be subject to the review and approval of the Pubic Works Department, Engineering Services Division, and shall be performed in accordance with the credit/- reimbursement policies of the Flood Control District. Work done to meet the collect and convey requirements of the Ordinance code, which conforms to the adopted drainage area plan, can be creditable toward the applicant's drainage area fee obligation. The credit shall be-calculated against the potential fee liability for the entire project,and not just those phases that are filed after the fee is adopted. The theoretical fee for the phases that were approved prior to the adoption of the drainage fee shall be calculated and subtracted from the creditable amount. The balance shall be the amount eligible for credit against the fee obligation for any future phases. For example, if the fee is adopted for Phase 3 then the fee due for Phase 3 shall be the lessor amount of the following: 1) The calculated fee for the lots in Phase 3 minus the cost of creditable work performed (including the $25,000 contribution with Phase 1) plus the theoretical fee for Phases 1 and 2. 2) The calculated fee for the lots in Phase 3. OR At the option of the developer, construct improvements to Kellogg Creek equivalent in value to $.17 per square foot of impervious surface area created 17 by this project. The scope of improvements shall be determined by the Public Works Department, Flood Control Division, and then designed and constructed by the applicant. The need for the improvements to Kellogg creek shall be reviewed by the Public Works Department prior to the filing of each final map. If the Public Works Department determines that the level of development in the project does not represent sufficient "equivalent value" of $.17 per square foot to perform a significant amount of improvements to Kellogg Creek, then the applicant has the option to contribute $.17 per square foot of impervious surface area to be deposited in a Drainage Improvement Trust Fund (812100-0800)with the filing of the final map. V. Grant to the adjacent property owners a public access easement over the strip of land between the northerly line of this property and Marsh Creek Road. As an alternative,the strip of land can be deeded to the Irrigation District or to the neighboring property owner(s). W. The Public Works Department, Engineering Services Division, will recommend that the property owner of the property at the northeast corner of Bixler Road at State Highway 4 (Byron 78) be conditioned to reimburse the applicant for Subdivision 7679 for any of the road improvements which Subdivision 7679 constructs along that side of the ultimate centerline of that property along the frontage of State Highway 4 and Bixler Road. The property owner of the property at the northeast corner of Bixler Road and State Highway shall also be required to reimburse the person or entity that installs the Bixler Road-State Highway 4 traffic signal for 25% of the cost of installation of the traffic signal. Subdivision 7679 shall be required to reimburse the owner of the property at the northeast corner of Bixler Road and State Highway 4 for any of the road improvements which Byron 78 constructs along the Albers side of the ultimate road centerline along State Highway 4 and Bixler Road. Subdivision 7679 shall also be required to reimburse the person or entity which installs the Bixler Road- State Highway 4 traffic signal for 25% of the cost of installation of the traffic signal. The Public Works Department, Engineering Services Division, will recommend that the proposed Discovery Bay West project, located north of this property, be required to reimburse the person or entity that installs the Bixler Road-State Highway 4 traffic signal for all or a portion of the remaining 50% of the cost of installation of the traffic signal. The estimated cost of the work to be reimbursed shall be based on at least 3 independent bids for the work subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. Prior to filing the map for Phases 1 and 2, the applicant shall enter into a reimbursement agreement for the work described above. 18 If an area of benefit for road improvements is formed which includes installation of the traffic signal at State Highway 4 at Bixler Road, and if the area of benefit installs the traffic signal, the applicant for this development will only be obligated for 25% of the cost of that traffic signal. At least $1,000 or 1%, whichever is greater, of the amount to be reimbursed for each reimbursement agreement shall be paid to the County of Contra Costa Public Works Department, Engineering Services Division, for administration costs. X. PHASING OF SUBDIVISION 7679 IMPROVEMENTS: At the request of the applicant, Phase 4, at the northwest corner of the property, has been changed to Phase 3; Phase 3, at the southwest corner of the property, has been changed to Phase 4; and "T" Parkway shall be constructed with Phase 3 instead of Phase 5. Phase 1 and up to 90 units that access off of Bixler Road shall be required to construct full frontage improvements along Bixler Road. Phase 1 will not be. required to construct State Highway 4 improvements except for the westbound State Highway 4 right turn lane into Bixler Road and adequate transitions. The improvement plans for all the improvements on Highway 4 shall be designed and submitted to the Public Works Department and CALTRANS for review and approval with Phase 1. These improvement plans shall include the signal at"T" Parkway and at Bixler Road. The improvement plans for all the improvements on Highway 4 shall be approved by CALTRANS prior to issuing the buildnig permit for the 90th unit. Improvements to Bixler Road shall be bonded with Phase 1 and shall be completed prior to issuing the building permit for the 90th unit. The phase that contains the 90th unit shall construct an access to Highway 4 and shall be required to construct full frontage improvements along State Highway 4. In addition, the traffic signal along State Highway 4 at "T" Parkway shall be required with this phase. If the traffic signal cannot be installed with this phase because of CALTRANS requirements, then it shall be re-analyzed with each subsequent phase and constructed when required. If the traffic signal cannot be installed with the last phase, then the applicant shall be required to contribute an equivalent cash deposit of the signal cost to a County Road Improvement Fee Trust (Fund No. 819200-0800) designated for future construction of these improvements prior to filing the Final Map for the last phase. The improvements to Highway 4,including the signals, shall be bonded with the filing of the final map that contains the 90th unit and shall be completed prior to issuing the building permit for the 90th unit. The need for the traffic signal at State Highway 4 and Bixler Road shall be analyzed by the Public Works Department prior to filing the final map for each phase after Phase 1. The signal shall be installed when directed by the Public Works Department and allowed by CALTRANS. If the traffic signal cannot be installed, 19 then its future installation shall be assured with the applicant contributing a cash deposit equal to 25% of the improvement cost to a County Road Improvement Trust (Fund No. 819200-0800) prior to filing the Final Map for the last phase of this.development. Y. Certain road improvements required may be eligible for credit or reimbursement against the Area of Benefit fee. The developer shall contact the Public Works Department,Transportation Engineering Division,to determine the extent of any credit or reimbursement for which the applicant might be eligible. Prior to constructing any public improvements, or filing of any final map, the applicant shall execute a credit/reimbursement agreement with the County. No credit or reimbursement will be made for any improvements installed prior to execution of the credit/reimbursement agreement. Credit will only be given for monies that are programmed within the next three fiscal yea"rs after final map approval. Reimbursement agreements shall be executed for monies that are programmed beyond three fiscal years. ADVISORY NOTES A. The project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 90-118) as they pertain to future construction of any structures on the property. B. This project may be subject to the requirements of the Department of Fish & Game. It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47,Yountville, California 94599,of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. C. This project may also be subject to the requirements of the Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required and if it can be obtained. D. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance (Area of Benefits) as adopted by the Board of Supervisors. "E. The applicant shall be required to comply with all rules, regulations, procedures of the National Pollutant Discharge Elimination System (FM) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay-Region II or Central Valley-Region V). •F. Comply with the requirements of the Sanitary District #19. "G. Comply with the requirements of the East Diablo Fire Protection District. 20 H. Comply with the requirements of the Health Services Department, Environmental Health Division. "E. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. J. The applicant will be required to pay an environmental review fee of $850.00 for the Department of Fish and Game at the end of the appeal period. Failure to do so will result in fines. In addition, the approval is not final or vested until the fee is paid. A check for this fee shall be submitted to Contra Costa County for submittal with the final environmental documents. K. The applicant is advised that the tax for the police services district is currently set by the Board of Supervisors at $200 per parcel annually (with appropriate future Consumer Price Index (CPI] adjustments). The annual fee is subject to modification by the Board of Supervisors in the future. The current fee for holding 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. AB/aa SL)BX/7679C.AB 2/2/93 2/23/93 3/1/93(EC)df BYRON-BETHANY IRRIGATION DISTRICT 3944 MAIN STREET • P.O.BOX 273 • BYRON,CAUFORNIA 94514 OFFICERS PHONE(510)634-3534 FAX(510) 516-1239 BRENT GILBERT CHARLES M.UZNAY-PRESIDENT DIRECTOR DIVISION NO.1 BETTY COMPILLI OK C OF GERALD E.TENNANT SECRETARY/COLLECTOR/TREASURER \��� ,/G.P DIRECTOR DIVISION NO.2 LORETTA BORGES-ASSESSOR 4 p TIM MAGGIORE FRED K.SPECHT -MANAGER y = DIRECTOR DIVISION NO.3. MINASIAN,MINASIAN,MINASIAN t o s CHARLES M.UZNAY SPRUANCE,BAKER,MEITH&SOARES " DIRECTOR DIVISION NO.4 ATTORNEYS � "�""" `�4y CHARLES SPATAFOREJR. CH2M HILL-ENGINEERS AGES DIRECTOR DIVISION NO.5 REGULAR MEETINGS HELD ON SECOND TUESDAY OF EACH MONTH AT 1:90 P.M. _ ;S 5 April 29 , 1993 MIMI —IMI c2 Community Development Department Attn: James Cutler ' Assistant Director of Comprehensive Planning C.7) 651 651 Pine Street Z P0 CD Martinez, CA 94553-0095 -�a Re: Proposed Vesting tentative Map and Final Development Plah - Contra Costa County Subdivision No. 7679 - Albers Property Dear Mr . Cutler: The Board of Directors of Byron-Bethany Irrigation District held a special meeting on April 26, 1993 to further discuss the above proposed development. Two issues were addressed: 1 ) Drainage; and 2 ) Public Health and Safety concerns regarding proximity of the development to the Carvalho Drain. The following are the conclusions reached by the Byron-Bethany Irrigation District ( "BBID" ) Board of Directors : • 1 . Drainage . While BBID has, from time to time, performed maintenance work on the Carvalho Drain and utilizes the Carvalho Drain (and asserts a continuing right to utilize the Carvalho Drain) for the drainage of irrigation run-off from property supplied irrigation water by the District for agricultural purposes , the Board of Directors has concluded that the Carvalho Drain is a natural drainage channel as to which BBID has no formal recorded easement rights and as to which no such formal recorded rights are required because of the status of the channel as a natural drainage channel . Fortunately, the Carvalho Drain is not utilized for water supply purposes by BBID and its use for drainage of agricultural return flows is limited to between twelve ( 12 ) and twenty-seven ( 27 ) acres as to which the potential of continued supply of agricultural irrigation water still exists . As a natural drainage channel, the Carvalho Drain can be utilized by the owner/developers of the Albers property for the conveyance of storm water and surface water drainage, subject however, to the county's authority and responsibility under its land use police power to insist . upon storm and surface water collection, control and delivery to the channel in an environmentally sound manner and in a manner which will not cause such storm and surface drainage to exceed the carrying capacity of the channel and lead to flooding. James Cutler April 19, 1993 _ Page two BBID, in fact, currently lacks the statutory authority to affirmatively provide drainage except for such drainage is made necessary by the irrigation provided for by the District or where drainage is necessary to more beneficially allow for irrigation. The BBID Board of Directors , therefore, requests that the County: (a) Carefully examine the storm and surface water drainage system proposed to be installed by the owner/developer to ascertain that adequate retention or detention facilities are provided to attenuate up to a one in one hundred year storm event, with delivery to the Carvalho Drain at rates which will not exceed the drains carrying capacity; (b) Provide adequate sedimentation traps and such other cleaning devices as may be necessary to assure that contaminates will be collected and removed prior to the service and storm water drainage entering into the waters of the State; and (c) Adequately condition the vesting tentative map and final development plan so as to assure itself that the above requirements will. be met. 2 . Public Health and Safety. The BBID Board of Directors remains concerned, as pointed out in the District' s March 3, 1993 letter to you, over the health and safety issues surrounding proximity of the open Carvalho Drain to the proposed development. The District urges that, at minimum, that portion of the development proximate to the Carvalho Drain be adequately fenced and suggests , further, that the County consider requiring undergrounding the drain with a pipeline adequately sized to carry the storm and surface water run-off expected to be generated into the drain. The Board of BBID would greatly appreciate receiving a copy of any staff summary and recommendation regarding the above vesting tentative map and final development plan, and receiving a copy of the eventual conditions of approval . Thank you for assistance and cooperation in this matter. Very truly yours, V Fred K. Specht Manager cc: R. Mitch Avalon, Department of Public Works Lucia Albers, Landowner Allan Hyden, Centex Real Estate Corp. BELLECCI & ASSOCIATES (Applicant) MONTE & LUCIA ALBERS (Owners) , County Files #2985-RZ, 3005-92 & Subdivision 7679 Heavy Agriculture District (A-3) to Planned Unit Development (P-1) Subject property is described as 73.48± acres located at the northwest corner of State Highway 4 and Bixler Road, in the Discovery Bay/Byron area of Contra Costa County. BOARD OF SUPERVISORS CONTRA COSTA COUNTY MAY 4, 1993 - 2: 00 P.M. - It _ TO: BOARD OF SUPERVISORSContra Costa FROM: HARVEY E. BRAGDON ;3 County DIRECTOR OF COMMUNITY DEVELOPMENT_ JTq, J I DATE: May 4, 1993 c6iit7- I SUBJECT: HEARING ON THE ALBERS PROJECT, REZONING#2985-RZ, PRELIMINARY AND FINAL DEVELOPMENT PLAN #3005-92 AND SUBDIVISION #7679 TO REZONE A 73.48±ACRE SITE TO PLANNED UNIT DISTRICT FOR 288 SINGLE FAMILY RESIDENCES, A 12.3 ACRE RETAIL SITE WITH APPROXIMATELY 109500 SQUARE FEET -OF RETAIL - BUSINESS SPACE, A 2.2 ACRE OFFICE SITE, A 3.2 ACRE LAKE AND A 1.7 ACRE PARCEL. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Take testimony on the Albers project and declare intent to: 1. Accept as,adequate and in compliance with CEQA the previously certified Final Environmental Impact Report for the Albers General Plan Amendment, which analyzed this project among others. 2. Approve rezoning application #2985-RZ to rezone 73.48± acres from Heavy Agricultural District (A-3) to Planned Unit District (P-1), including attached conditions (Exhibit A) and as recommended by the East County Regional Planning Commission and as modified by following staff recommendations. 3. Approve Final Development plan 13005-92 including attached conditions (Exhibit A) and as recommended by the East County Regional Planning Commission and as modified by following staff recommendations. 4. Approve the tentative map for Subdivision 17679 including attached conditions (Exhibit A) and as recommended by the East County Regional Planning Commission and as modified.. by following staff recommendations. 5. Direct the Public Works Director t0 revise the boundary On the ...._...... -- Discovery Bay Area of Benefit (AOB) to include on the projec list the following improvements: CONTINUED ON ATTACHMENT: X YES S -` _ RECOMMENDATION OF COUNTY ADMINISTRATORRECOMf•SEN IO OF WARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A 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 cc: Community Development Department PHIL BATCHELOR, CLERK OF Bellecci & Associates THE BOARD OF SUPERVISORS Monte & Lucia Albers AND COUNTY ADMINISTRATOR Public Works BY , DEPUTY AB:df Y i Page Two • Widening Highway 4 to four lanes from Marsh Creek Road to Old River • Construct improvements to Marsh Creek Road from Highway 4 to Bixler Road • Construct improvements to Bixler Road from Highway 4 to Marsh Creek Road To accommodate the above, the East County Regional Planning Commission also recommends the Board of Supervisors direct staff to revise the circulation element of the General Plan to include Bixler Road and Marsh Creek Road. Staff recommends that this amendment be done at the earliest opportunity. Close the hearing and continue to May 18, 1993 and direct staff to prepare appropriate findings and Mitigation Monitoring Program for Board consideration and approval. FISCAL IMPACT There will be costs to staff to revise the Area of Benefit and the Circulation Element of the General Plan. BACKGROUND/REASONS FOR RECOMMENDATIONS On November 9, 1992 the County Zoning Administrator approved the Final Environmental Impact Report for the Albers General Plan Amendment and related actions as being adequate. The East County Regional Planning commission heard the Albers General Plan Amendment on February 1, 1993 and recommended that the Board of Supervisors approve the request. On February 8, 1993 the East County Regional Planning Commission recommended approval of the P-1 Rezoning (12985-RZ) closed the iEi�;i<etiC,s." hearing on the Final Development Plan (13005-92) and Subdivision (17679), declared their intent to recommend approval of the project and to recommend that this area be annexed into the Discovery Bay Area of Benefit. On March 1, 1993, the East County Regional Planning Commission recommended approval of Development Plan 13005-92 and Subdivision 17679 subject to the attached Conditions of Approval (Exhibit A). Attached are four letters received after the East County Regional Planning Commission hearings. The letter .from the Byron-Bethany Irrigation District received March 9, 1993, requests that the existing 6 foot deep drainage ditch along the north side be covered and piped. Staff recommends that if the Board does decide to have - the ditch piped that the pipe be properly sized per Title 9 of the ordinance. Also attached is a letter from the Discovery Bay Municipal Advisory Committee protesting the rezoning of the Albers and the Byron 78 property (to east of Albers project). The letter was received on April 14, 1993. Another letter from the Discovery Bay Municipal Advisory Committee is attached asking that this area by made a part of the Discovery Bay Area of Benefit. A letter from the Discovery Bay Concerned Citizens Committee is also attached. The letter was received on March 18, 1993. Their concerns are over the costs of this development in regards to the extension of water and sewer service to the Albers site. They also request that Highway 4 be made a 4 lane road at the Bixler Road intersection. They want the Albers Project to have separate landscaping and lighting from Discovery Bay. Their last concern is the impact that the Albers project may have in regards to the flood zone. They were concerned over a possible impact on Discovery Bay. ' The Albers project will have to be taken out of the 100 year flood i E 1 Page Three zone. It should not have any impact on Discovery Bay which has already been removed from the Flood Zone. During the review of this project, staff inadvertently left out one condition that requires that the site be removed from the one hundred year flood zone. While this is a requirement of the County Ordinance, it is best to have a condition requiring site removal from the one hundred flood zone. Staff recommends modifying the. second sentence of Condition#7 to read as follows: 7. Prior to issuance of building permits for each phase of this project, submit written evidence that building pads in the phase have been removed from the one hundred year flood plain. Staff further recommends that Condition 015 be modified to read as follows: *15. Prior to recording the final map for this development, "will serve" letters from the Byron Elementary School District and the Liberty Union High School District shall be submitted to the Zoning Administrator. In the alternative, submit evidence satisfactory to the Zoning Administrator that the applicant has complied with all legally established school facilities finding requirements. For completeness of the project record, it should be noted that the transportation conditions of approval consist of the Public Works Department's determinations regarding the project's fair share allocation of the improvements recommended in the project EIR Furthermore, the conditions of approval relating to project ingress and egress are the equivalent of the mitigation measures recommended in the EIR. add the following to Condition #17: 17. In addition, incorporate in building plans for the residential units the following features: provision of adequate.street parking, lot and porch lighting, clearly discernable address signs in each unit, dead bolt exterior doors, window locks, no lift window frames and a clear view of street and garages from project homes. Since the Final EIR (on page 199 of the response document) does not find significant effects on wildlife, Conditions #35 and 136 should be eliminated as unnecessary. Condition #32 should be modified to read as follows: 32. If the County's right of farming ordinance has been adopted prior to the issuance of the first building permit on this site, the developer shall inform future owners of that ordinance informing them of the right to farm within the Contra Costa area. References to "Parcel Map" in Conditions #7 should be changed to Final Map. Any other inadvertent references to parcel map should .be changed to.final map. In Condition 125 reference to 11TSM Plan" and "ordinance" should be changed to TDM Plan and ordinance. Condition #39.B, first paragraph to read as follows: This project shall comply with the provisions of the Albers General Plan Amendment and related actions Environmental Impact Report as determined by the Board of Supervisors. Conformance with the EIR include the following requirements: To make sure that fire protection and emergency medical services are properly mitigated, staff recommends that a condition 140 be added to read as follows: r Page Four 40. The project will comply with all applicable fire and emergency services requirements of the General Plan, the County Code and regulations of the East Diablo Fire Protection District, including, as required by the General Plan, the County Code and regulations of the East Diablo Fire Protection District, a fair share contribution to providing local fire and emergency services facilities and water storage and delivery systems. To clarify development of the site staff recommends that the following sentence be added to Condition $1. Prior to recording the final map for this development, the General Plan Amendment and P-1 rezoning for the site shall have been approved. I .. 1 r== BYRON- ETHANY IRRIG�TION �TRICT ~ 3944 M, STREET• P.O.BOX 273• BYAON-PAUF01 A 94514 OFFICERS PHONE(510)634-3534 FAX(66)Oq:- �9 vacant xo1+�Kucawx" CHARLES M.UZNAY-PRESIDENT O7 1 ,T DIRECTOR DIVISION NO.I BETTY COMPILLI 4 GERALD E TENNANT SECRETARY/COLLECTOR/TRFASURER 'SON Of Ci. %A DIRECTOR DIVISION NO.2 LORETTABORGES-ASSESSOR O4� `'((, J p// Tim Maggiorex�ccc►�x�rQ FRED K.SPECHT-MANAGER �,. �.� MINASIAN.MINASIAN,MINASIAN DIRECTOR DIVISION N0.3 9 CHARLES M.uzNAY SPRUANCE,SABER.MOTH i SOARES c `JT'/'j DIRECTOR DIVISION N0.4 ATTORNEYS '�' •I — �I, Q. ..CHARLES SPATAFORE JR. CHZM HILL-ENGINEERS �q ABED ..FP j DIRECTOR DMSION NO.5 March 3, 1993 REGULAR MEETINGS HELD ON SECOND TUESDAY OF EACH MDMN AT 170 P.M. - Community Development Dept. 651 Pine Street Martinez, CA 94553-0095 ATTN: James Cutler Assistant Director of Comprehensive Planning RE: Albers DEIR, County File #4-90-EC Dear Mr. Cutler, This letter is a follow-up to a letter this District sent you, dated September 24, 1992, regarding the Albers Draft Environmental Impact Report and Final Development Plan for 288 single family development homes. As previously stated, we are very concerned about the drainage ditch on the North-•side of this project (Carvalho Drain), which carries surface runoff easterly into Kellogg Creek. That portion of the drainage ditch will be directly behind 35 new dwellings and is approximately 6 ft. deep. This ditch represents a liability exposure to this District which should be mitigated by the developer, even though a fence is proposed by the developer to isolate the ditch.This District requires that this drainage ditch be put underground with a 24" P.V.C. pipeline from the Northwest corner of the project, westerly to Bixler Road. We understand that the public comment period for East County Regional Planning Commission hearings may be over for this project but we would appreciate the opportunity of making this letter a matter of public record and comment. Thank you for your anticipated assistance in this request. If you have any questions, please contact me at (510) 634-3534. Very truly your, Fred K. Specht Manager FRS/bc cc: R. Mitch Avalon, Dept of Public Works Lucia Albers, Landowner Alan Hyden, Centex Real Estate Corp. iux)je"; nezuaxng or Alners ana nyron/7u Properties r On behalf of the Planning Committee of the Discovery Bay Municipal advisory Council, I wish to protest the rezoning of the Albers and 3yron/78 properties at this time. Until such time as a firm plan is put.into place for water and isewage for these properties and is agreed to in writing between the projects and the supplier of these services, Discovery Bay must object to - :he rezoning of these properties. The resources of Discovery Bay- Sanitation District--19- are-finite and- :ould be at risk of being depleted too rapidly. The status of the . aquifer from which we draw our water is questionable and rumored to be cropping. The Sewer facility is reaching it's capacity and may not be able zo take on any new demands. A recent study by Consulting Engineers prepared for the Hofmann Zompany shows that with 3000 homes in Discovery Bay(close to current zondition within Discovery Bay) there is a shortfall already in our dater supply requirements. At peak hour load on the system with our most productive well out of service we are 400 gallons per minute Short of demand without any reserve for fire flow. Most people in Discovery Bay understand that eventually additional projects will be built on what is now agricultural land. What we have zo do is protect our limited resources. On behalf of Discovery Bay, I ask that the approval of rezoning of the subject properties be rejected until a reasonable and firm agreement ;g made on the water and sewer issues. i Respectfully, J.' William Slifer, Planning Chairman Discovery Bay Municipal Advisory Council PR. VILL1AN H. SLIFER 4668 SPI*s*XP.11AY BSTZaM CA 41514 9282 eel: ro 0 —{ co I February�1,1993 91111A C© T4 To: J. Michael Walford FB'3 p Director of Public works pE CO; 2'29 _ top, fry Subject: Area of Benefit Fees from Albers DevelopmentNT County File #.4-9.0-EC �pT It has come to my attention that the fees to be collected from the proposed Albers Development will be placed in the general county-wide fund. The fees should be placed in the Area of Benefits fund for Discovery Bay. The Albers Property lies within the Urban Limit Lines of Discovery Bay and would become a part of the Town of Discovery Bay when incorporation takes place in the future. The residents of the Albers Development will use the same roads and attend the same schools as residents of Discovery Bay. As the Chairman of the Planning Committee of the Discovery Bay Municipal Advisory Council and a member of the Traffic Advisory Council for Byron/ Discovery Bay, I ask that you reconsider this action and direct the fees to their rightful place. Respectfully submitted, Veyz z J William Slif r Chairman,DBMAC Planning Committee. _ cc: Tom Torlakson,Supervisor District 5 James Cutler,Contra Costa County Community Development Dept Phil Batchelor,Clerk of Board of Supervisors Heather Ballenger,Department of Public Works Lucia Albers i f r c =�;4 COTA COUNTY o I 43 MAR 18 PH 5:23 Dl ;rnVE'RY. BAY CONCERNED C111 ZEIYS C41111TU LAITY bLEVELOPMENT DEPT, I ' i _ SUBJECT: COUNTY REZONING FOR PROPOSED ALBERS DEVELOPMENT. BEFORE REZONING IS APPROVED; WE BELIEVE THE FOLLOWING REQUIREMENTS, MUST BE MET. 1 . :STUDIES '.HOULD UE COMPLETED Ti+ PR(.)VE WHE'T'HER OR NOT THIS OR ANY NEW DFVELC)PMENT CAN BE ADDED TO OUR. WATER OR, SEWER. SYSTEMS. A. THE ROFFMAN CO. HAS NOT AS OF YET RELEASED A STUDY MADE ON DISCOVERY BAY'S WATER SYSTEM. WE ARE CONCERNED THE WATER SYSTEM IS NOT EVEN ADEQUATE FOR DISCOVERING BAY, TO SAY ANYTHING ABOUT ADDING NEW DEVELOPMENTS TO IT. NEW WELLS AND A WATER TOWER MAY BE REQUIRED TO PROVIDE ADEQUATE WATER VOLUME AND PRESSURE TO FIGHT FIRES. B. SANITATION DISTRICT 19 HAS NOT COMPLETED THEIR STUDY ON INCREASING THE CAPACITY OF THE SEWER SYSTEM. REZONINt:; SHOULD NOT BE IMPLEMENTED ON THE "ASSUMPTION" THE STUDY WILL BE FAVORABLE. C. ANY NEW COST ON A. OR B. ABOVE MUST BE PAID FOR (UP FRONT) BY ANY NEW DEVELOPMENT. y �o D. A-LBERS MUST BE REQUIRED TO PAY (UP FRONT) COST OF ANY NEW WELLS ANI) RESERVE FUND TO SANITATION 19, FOR A WATER TOWER (IF REQUIRED) . E. HIGHWAY •1 SHOULD BE MADE INTO FOUR (4) LANES AND TURN LANES ADDED AT THE BIXLER ROAD AND HIGHWAY 4 JUNCTION, BEFORE HOMES ARE SOLD. BIXLER IS ALREADY A DANGEROU'S CORNER AND THIS PROBLEM WILL INCREASE WITH CONSTRUCTION TRAFFIC AND GET MORE CONGESTED AS HOMES ARE SOLD. F. A MELLOW ROOSE OR ONE TIME DEVELOPER FEE SHOULD BE REQUIRED TO PAY FOR ALL FINANCIAL IMPACTS ON THE COMMUNITY, SUCH AS SCHOOLS, WATER, SEWERS, ROADS, FIRE HOUSE, ETC. 2. ADDITIONAL CONCERNS. A. i:':-W Di `.'17' `FV :T,•:>II'l1-']4T 'SHOULD BE REQUIRED TO LEAST Itin'02T 'Alif-, ARRAS ROADS AND RESOURCES WHICH WOULD :AL.•0 BE MORE COMPATIBLE WITH THE DISCOVERY BAY COMMUNITY AND IT'S REAL ESTATE VALUES. B. ALBERS DEVELOPMENT MUST HAVE THEIR OWN PARKS, RECREATION, COUNTY LAND SCAPING AND LIGHTING DISTRICT SEPARATE FROM DISCOVERY BAY'S FUNDS. C. ALBERS DEVELOPMENT IS IN A FLOOD ZONE. HOW WILL THIS I IMPACT DISCOVERY BAY, WHICH IS NOT? CONCERNED CITIZENS' ,�.,. .:,.`..1 jf f/ — �+�`�.�7,{:�,:.c�-•L�r.'-r,�,�x�;;G31:.>,�( ,%�fz,o„ �it'. `1'Y��/ .:Z-.2°'-;�' ' l �`%r `,:�� S �S '' S' Sj71lZf;r,Sff /`�!_ /s`�/c'i'// Ct1 . �'` i - d•-Yr' L Cc ` '{G� .,L. `'���.C'��`rlQ�'i� l•�2S �Sf1C,t%�1�'. �' �Zrt � . �S�S /r{{- �-�/Y1//5, ;.t,,�s�;;.:i�ee4: - `fit J' • _ , � ,� �s +, ��f�r�/°l�=S' yz r., rte , j x CW -.A\ 1 C' ,C(;A C( yrrt ah 'r5 (ly IS 43 _ l i C RESOLUTION NO. 11 - 1993 RESOLUTION OF THE EAST COUNTY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTAI STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY BELLECCI & ASSOCIATES (APPLICANT) AND MONTE & LUCIA ALBERS (OWNER), (2985-R2)., IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE BYRON-DISCOVERY BAY AREA OF SAID COUNTY. WHEREAS, a request by Bellecci & Associates (Applicant) and Monte & Lucia Albers (Owner) (2985-RZ) to rezone land in the Bryon- Discovery Bay area from Heavy Agricultural District (A-3) to Planned Unit District (P-1) was received on June 2, 1992; and , WHEREAS, companion applications to develop (DP 3005-92) and subdivide the site (SUB7679) were also filed on June 2, 1992; and WHEREAS, a Final Environmental Impact Report was prepared and certified adequate for these projects along with a request to revise the General Plan for the site; and WHEREAS, on February 1, 1993, the East County Regional Planning Commission recommended approval of the General Plan Amendment to change the designations of the site from Agricultural lands and Agricultural core to Single Family Residential-High Density, Commercial, Professional office and park and open space, and; WHEREAS, after notice was lawfully given, a public hearing was scheduled before the East County Regional Planning Commission on Monday, February 8, 1993 and Monday, March 1, 1993, whereat all persons interested might appear and be heard; and WHEREAS, on Monday, March 1, 1993, the East County Regional Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that East County Regional Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the rezoning request of Bellecci & Associates (Applicant) and Monte. & Lucia Albers (Owner) (2985-RZ) be approved for change from Heavy Agricultural District (A-3) to Planned Unit District (P-1) , and that this zoning change be made as indicated on the findings map entitled: Pages P-27 and P-28 of the County's 1978 Zoning Map, approve the final development plan (DP#3005-92) for a maximum of 288 residential units, a 12.3 acre retail site with approximately 109,500 square feet of Retail Business Space, a 3.2 acre lake and a 1.7 acre park and approve the subdivision . (SUB#7679) for a maximum of 288 units with other lots for commercial, office and park-lake uses; and 1 Page Two RESOLUTION NO. 11 - 1993 BE IT FURTHER RESOLVED that the reasons for this recommendation are as- follows: 1. The project is consistent with the County General Plan. 2. The project will provide needed entry level housing for the area. 3. The applicant has indicated that they intend to commence construction within two and one-half years of the effective date of the final project approval. 4. The Albers property development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of nearby community with property conditioning. 5. In accordance with the required findings of the Planned Unit 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 limitations in the area. BE IT FURTHER RESOLVED that the Secretary of the East County Regional Planning Commission shall respectively sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Planning Laws of the State of California. The instructions by the East County Regional Planning Commission to prepare this resolution were given by motion of the East County Regional Planning Commission on Monday, March 1, 1993, by the following vote: AYES: Commissioners - Maybee, Hanson, Andrieu, Planchon, Hern NOES: Commissioners - None ABSENT: Commissioners - Sobalvarro ABSTAIN: Commissioners - Wetzel �I t t Page Three RESOLUTION NO. 11 - 1993 I, Herbert Hern, Chair of the- East-County Regional Planning Commission of the County of Contra Costa, State of California, hereby certify that the foregoing was duly called and held in accordance with the---law-- on -Monday,- - April 5, 1993, and -this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Maybee, Hanson, Andrieu, Planchon, Sobalvarro, Hern NOES: Commissioners - hone ABSENT: Commissioners - hone ABSTAIN: Commissioners - Wetzel HERBERT HERN Chair of the East County Regional Planning Commission, County of Contra Costa, State of California ATTEST: tary of the East County Regional Planning Commission, County of Contra Costa, State of California AU/df 2958-RZ.m Findings Map A•i ...:.::..... A•3 a Rezone From}i3 To P-1 "F3�1 R�►J Area Chairman of the East County Regional Planning Commission,Contra Costa County,State of California, do hereby certify that this is a true and correct copy of FA&rS AM-P indicating thereon the decision of the East County Regional Planning Commission in the matter of_(�� Chairman of th East County Regional Planning Commission,State of California - ATTES _ s9dretbrk of h East County Regional Commi sion,State of California Olt-090-007 011-100-013 011-100-026 14 51ge RICHARD PONTES Oil 100 017 Oil 100 027 MARIAN RUBINO ALICE BUNN JOHN & CAROL BLOOMFIELD 4731 SPINNAKER WY PO BX 10 4955 DISCOVERY PT BYRON, CA 94514 BYRON, CA 94514 BYRON, CA 94514 011-110-009 011-110-010 011-180-003 MARY BORBA BETTENCOIIRT NOLAN & RUTH BARRETT EMIL & LENA OLIVIER] TRE 2677.1 MARSH CREEK RU RT 1 BX 65D 8,07 PAN MIGUEL R0 BYRUN.,. CA 94.514 BRENTWOOD, CA 94513 CONCORD, CA 94518 011-180-024 011-180-025 011-180-044 EMILE & LENA OLIVIER! TRF. OLIVE, AGUTAR VIRGINIA NEVES FRANK & DORIS POLARI IK) BX 574 PU BX 20:3 007 MIGUEL RD nYROM;"CA 94514 BYRON, CA 94514 CONCORD, CA 9.1518 01.1-190-051 011-190-001 Uil-l9U-UUSI 01-1 281. 001" -" - DELBERT & MARGARET DEQUINE JUAN & BETTY LOU CARVALIIU C/O JUAN DF.QUINE ANN HYDE 110 BX 567 P.O. BOX 3342 26876 MARSH CREEK RD SYRON, CA 94514 FREMONT, CA 94539 BRENTWOOD, CA 94513 011-1.510-010 011-190012 9117190-015 SHARON RUDt)LPH JOSEPH & BESSIE RICCUBUONO JAMES & TIMUTHE SORENSEN P.O. BOX 283 16 INLET DRIVE P.U. BOX 39 BYRON, CA 94514 PITTSBURG, CA 94565 BYRON, CA 94514 011.-190-019 011-190-020 011-190-021 -- WILLIAM BOYLE RONNIE & DEBRA REID EDWARD & PATRICIA COULTER EUGENE LEYBA RT. 1. BOX 615 RT. 1 BOX 610 RT. 1 BOX 614 BIXLER ROAD fIHEN'f'W000, CA 94513 BRENTWOOD,CA 94513 BRENTWOOD, CA. 9.151.3 DI1-190-022 Ulf-190-027 01171907031 PETER & ANGELA PAPPAS CONTRA COSTA COUNTY ROY &. SUSAN VINYARD JOHN & RYAN ALLEN C/O PUBLIC WORKS DEPARTMENT RT. 1 BOX 612 2400 SYCAMORE. DR 040 651 PINE STREET 5TH FLOUR BRENTWOOD, CA. 94513 ANTIOCH, CA 9.1509 MARTINEZ„ CA194553 011-200-009 011-2UU-UlU 011-200-011 & 012 Oil 200 OU9 THOMAS, FLORENCE & NORMA MYGRANT HIRAM HUGENER ROBERT MOORE 1168 ALTA MESA RT. 1 BOC 79 22499 CHARLENE WAY MORAGA, CA 94556 BYRON, CA 94514 HAYWARD, CA 94546 011.-200013 011-200-016 011-200-020 JOAN & YAEKO NISHIZAWA AARON BENOIT RAYMOND & DOROTHY AYERS BR RUTHERFORD LANE 30HO TAYLOR LN RT .1 BX 81 MARTINEZ, CA 94553 BYRON, CA 94514 BYRON, CA 94514 01.1-200-U29 011-200-030 011-200-032 _ RACE FAMILY I`ARTNERSHlP FART N & GWENDOLYN RICHART GERALD & DIANE CANADAY VAQUERO FARMS INC. RT. 1 Box RH R'1'. I BOX 52 2800 W. MARCH LN. 13:30 BYRON, CA 94514 BRENTWOOD, CA 9.151.1 STOCKTON, CA 95207 i 011-200-038 1 011-200-040 011-210-011 & 012 01.1 200 039 DONALD-&. ELIZABETH KAAE ROBERT LAMB PATERSON i WAYNE & ANITA FARNIIULTZ, TRF. GERALD & DIANE CANADAY EUGENE & E. MARIE THOMAS 9.54 COUNTRY LANE RT. 1 BOX 52 2421 TEAK CT WALNUT CREEK, CA 94598 BRENTWOOD, CA 94513 SANTA ROSA, CA. 95403 011-220-019 011-261-001 011-261-002 BYRON SEVENTY-EIGHT - - "- - 011 261 0__06 C/O N17.AR Y .111ARMAL - RAYBERT &: CAROLYN THORNTON -"EUGENE & SfflftLEY MACEDU 2690 GRANVILLE ST 2474 TANAGER DR 178:WINGED FT PL VANCOUVER BC, CANADA V6113111 PLEASANTON, CA 94566 SAN RAMON, CA 94583 011-281-002 011-210-016 3;4;5,6;7,8 _.. ........... - --.._... . , . RICHARD .TAYLOR Eugene & .9. Marie Thomas ��//fo�-- E�7�Aby 1xx)4DSP 775 DISCOVERY BAY BLVD Rt 1 Bx 77 BYRON, CA 94514 Byron, CA 94514 - 13yXIN,c,4•q#1f �l I o rU i Bellecci & Associates Monte & Lucia Albers Anthony J. Ujdur 2290 Diamond Blvd. Suite 100 1400 Deer Valley Road 116 Birchbark Place Concord, CA 94520 Brentwood, CA 94513 Danville, CA 94506 Discovery Bay MAC Byron-Bethany Irrigation Dist. Byron 'Union School Die Bill Slifer Fred Specht George Hoover 4660 Spinnaker Way P.O. Box 273 P.O. Box 118 Byron, CA 94514 Byron, CA 94514 Byron,-CA---94514 Glyn P. Howell Kevin O'Davd Richard Taylor 1925 Fertao Lane 3090 Curlew Connex 3600 Valley Oak Brentwood, CA 94513 Knightsen, CA 94548 Byron, CA 94514 Seth Cockrell John Mass John Hoyt 100 Fire Place 4211 Delta Road P.O. Box 384 Knightsen, CA 94548 Knightsen, CA 94548 Byron, CA 94514 M. J. Underground Const. Co. Ed Gensler b:albers.gpa Michael Hawthorne 26755 Marsh Creek Road 1400 Deer Valley Road Byron, .CA 94613 Brentwood, CA 94513 X ft I �7 A CONDITIONS OF APPROVAL FOR 2985-RZ, FINAL DEVELOPMENT PLAN 3005-92,VESTING TENTATIVE SUBDIVISION 7679 AS APPROVED. BY THE EAST COUNTY REGIONAL PLANNING COMMISSION FINDINGS 1. The applicant has indicated that they intend to commence construction with two and one-half years of the effective date of the final project approval. 2. The proposed site plan is generally consistent with modifications with the General Plan Amendment filed on this site, File #4-90-EC. 3. The Albers property development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of nearby community with proper conditioning. 4. In accordance with the required findings of the Planned Unit 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 a land use limitations in the area. Conditions of Anproval 1 . The development shall be based on the following submitted exhibits except as modified by the conditions below. These conditions of approval incorporate and are in addition to all approved mitigation measures. A. Revised Vesting Tentative Map, Final Development Plan and phasing plan dated received February 3, 1993. B. Geotechnical investigation report by Kleinfelder, Inc. & Associates dated received June 22, 1992 along with their-response letter dated received November 24, 1992. C. Elevation of project home schemes as outlined in the Draft EIR for the project figure 7. D. Preliminary landscape plan as outlined in the Draft EIR for the project, Figure 8. E. Elevational drawings of the shopping center. F. Report by Thompson & Associates concerning the economic feasibility of the proposed shopping center. 2. A separate final development plan submittal-and approval will be required for the proposed professional-medical office complex. 2 3. The length of approval for the tentative development plan 2985-RZ, final development plan 3005-92 and SUB 7679 is for three years. One 3-year extension be granted for the project subject to proper request and approval. 4. The phasing plan is acceptable as proposed. Phasing may be modified subject to the review and approval of the Zoning Administrator. *5. Means to slow traffic through the residential portion of the site shall be developed. These street revisions shall be acceptable to the Public Works Department and the Zoning Administrator. *6. Comply with the landscape requirements as follows. The following reports are subject to Zoning Administrator review and approval: *A. At least 30 days prior to requesting recording of the final map for Phase I, submit a street tree planting plan for the entire development, a landscape plan for the landscaping and soundwall along the site's frontage along State Highway 4, and a landscape plan for the park area around the proposed lake. The plan shall include typical frontyard landscape plans for residences on site. B. The plan for the proposed lake shall include at least one suitable pier where people can walk out over the lake. There shall be at least two suitable tot lot play areas in the park area. C. At least 30 days prior to requesting building permits for Phase 5 of this development, submit a final architectural and landscape plan showing proposed landscaping and building finish and design for the entire commercial area of the site. The plan shall include mounding along State Highway 4 frontage, tree wells for every third to fifth space within the parking lot area depending on tree type approved. A suitable attractive masonry wall along the northerly side of the site where it backs up to single family residences. Samples of building materials and colors shall be submitted for review and approval of the Zoning Administrator. D. Submit a design for a suitable trail to connect the Phase I area with the proposed retail area. The trail can be generally located were the applicant wishes. Staff suggests that the trail be located between Lots #255 and 256. E. Landscaping shall conform to the County Water Conservation Policies in regards the use of drought tolerant trees, bushes and groundcover. *F. Fence design and location shall be shown on the plans. --A suitable masonry wall shall be erected along the site's frontage on State Highway 4. The soundwall area should mounded to reduce the overall height of the soundwall. The plans for the masonry wall shall be submitted for Zoning Administrator review and approval. The soundwall shall be designed in a manner were it will not create a monotonous. straight wall. The soundwall shall be stepped back and forth periodically to help improve the appearance of the wall. An 3 acoustical study shall be submitted showing the reduction of noise from State Highway 4 that the soundwall accomplishes. G. A 9-foot wide landscape strip shall be created along the south side of the soundwall and shall be properly landscaped prior to the issuance of building permits for Phases 2 and/or 3, as the case may be. Means for long term maintenance shall be developed. The landscaping and maintenance plan shall be reviewed by the Public Works Department, and reviewed and approved by the County Zoning Administrator. H. Frontyard landscaping shall be installed or bonded prior to occupancy of residences. All landscaping shall be maintained by the applicant until occupancy, or in the case of common areas until the annexation into Ja landscape and/or lighting district. The applicant shall be required to annex when and if a district is formed and shall notify future owners by deed notice of the fact that the site was within a.landscaping/lighting district and/or park district. *I. The northerly and westerly sides of the site shall be fenced with a suitable fence design to prevent the movement of domestic pets and,animals north into the surrounding rural ranchettes and west onto agricultural lands. Staff suggests a 6-foot tall or taller cyclone fence with slats. This fence design shall be submitted for the comments of the neighboring owners and the Byron- Bethany Irrigation District prior to installation. The type of fence can be changed to a solid wood fence if that is the wish of a neighbor(s) to the north of the site. The western side of the site shall be buffered with suitable evergreen bushes and decidious trees. J. Grading plans shall include erosion protection on all slopes of five feet or more in height and a gradient steeper than 10:1. Protection shall be equal to or better than hydroseeding with mulch. Hydroseeding shall be as recommended by a certified landscape architect. K. The Parcel B area of the sit2 shall remain in its natural condition insofar as possible. *L.. Each lot shall have at least two suitable street trees.except that corner lots shall have at least four street trees. M. The palm trees on the County property shall be transplanted to a suitable location on the site. 7. At least 30 days prior to filing a parcel map or issuance of a grading permit, the applicant shall submit a grading plan for the review and approval of the Zoning Administrator. The site shall be removed from the 100-year flood zone prior to occupancy of residences or commercial buildings. This can be done phase by phase. 1 4 8. Homes and other large structures shall be designed and placed to minimize the visual impact from adjoining properties or roadways. All structures shall have non-flammable roofs and fire retardant or non-flammable siding. All out-buildings shall have adequate spacing from residences. 9. In the event this project, SUB 7679 and Development Plan 3005-92, is restricted by declaration of covenants, conditions and restrictions (CC & Rs),they must be received prior to approval of the Community Development Department, meet applicable regulations of the California State Real Estate Commission. 10. 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 Community Development Department and its agents, officers, and employees from any claim, action or proceeding against the agency (the County) or 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 time period provided for in Section 66499.37. The County will promptly notify the subdivider of any such claim, action, or proceedings and cooperate fully in the defense. * 11. Guide for development and use provisions for this site shall be as follows: *A. Setback of residential units located along the northerly property line shall be varied between 15 and 20 feet. All garages shall have a setback of at least 17.5 feet provided verticle garage doors are used. Frontyard setbacks may be reduced to 15 feet for covered porches. Sideyard minimum shall be 5 feet with an aggregate sideyard of 13 feet. Rearyard minimum for second stories is 25 feet. The R-6 zoning district shall be used as a guide for the height, or lot coverage of the site as well as the location of any detached sheds or outbuild- ings. *B. Setback of residential units not located along the northerly property line area shall be varied between 15 and 20 feet. All garages shall have a setback of at least 17.5 feet. Frontyard setbacks may be reduced to 15 feet for covered porches. Sideyard minimum shall be 5 feet with an aggregate sideyard of at least 13 feet. The R-6 zoning district shall be used as a guide for the height and/or lot coverage of the site as well as the location of any detached sheds or outbuildings. *C. 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. All garages within the area of the site shall have vertically opening garage doors. Residences located at the corners shall be single story as often as possible. Houses along State Highway 4 shall have appropriate sound reduction measures built in acceptable to the Zoning Administrator. 5 D. At least 15 days prior to issuance of building permits in Phases 1 , 2, 3, and 4 a detailed plan showing the location of homes shall be submitted for the Zoning Administrator's review'-and approval. 12. A homeowners association shall be formed for the maintenance of the park and lake area, and the landscaping along the State Highway 4 frontage of the site and the landscaping along the westerly portion of the site, and the maintenance of Parcel B as needed unless a public agency assumes responsibility for maintenance. 13. At least 30 days prior to filing the Final Map, proposed street names (public and private)shall be submitted for the review by the Community Development Department, Graphic Section(Phone 646-2029). Alternate street names should be submitted. The final map cannot be certified by the Community Development Department without the approval of street names. 14. Should archaeological materials be uncovered during grading,trenching or other on-site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. *15. Prior to recording the final map for this development, will serve letters from the Byron Elementary School District and the Liberty Union High School District shall be submitted to the Zoning Administrator. *16. The applicant shall show proof that water and sewage services are available prior to recording the map. Sewage service and water service shall be provided by Sanitation District #19A. Prior to recording a final map for this development, will serve letters from the Sanitation/Water District shall be submitted. *17. 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 this subdivision action. The fax shall be $200 per parcel annually (with appropriate future Consumer Price Index (CPI) adjustment). The election to provide for the tax must be completed prior to the filing of the Parcel Map. The property owner shall be responsible for paying the cost of holding the election. The fee for election costs will be due at the time that the election is requested by the owner. 18. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the applicant shall record the following notice: "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 6 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. *19. The following statement shall be recorded at the County Recorder's Office for each parcel to notify future owners of the parcels that they own property in an agricultural area: "This document shall serve as notification that you have purchased land in an agricultural area where you may regularly find farm equipment using local roads; farm equipment causing dust; crop dusting and spraying occurring regularly; burning associated with agricultural activities;noise associated with farm equipment and aerial crop dusting and certain animals and flies may exist on surrounding properties. This statement is, again, notification that this is part of the agricultural way of life in the open space areas of Contra Costa County and you should be fully aware of this at the time of purchase." *20. Comply with the following construction, noise, dust and litter control requirements: A. Noise generating construction activities, including such things as power generators, shall be limited to the hours of 8:00 A.M. to 5:00 P.M., 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 and to the Discovery Bay Homeowners Association and Discovery Bay Municipal Advisory Council 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 authority to indicate and implement corrective action in their area of responsibility. The names of the individual responsible for noise and litter control shall be expressly identified in the notice. The notice shall be reissued with each phase of major grading activity. a 7 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. E. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. Prior to issuance of building permits, the proposed roads serving this development shall be constructed to provide access to each lot. This shall include provision for an on-site area in which to park earth moving equipment. *21. At least 45 days prior to recording a Final Map, issuance of a grading permit, or installation of improvements or utilities, submit 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. *22. The report required above shall include evaluation of the potential for liquefaction and seismic settlement. *23. 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. *24. At least 30 days prior to issuance of permits to grade and create the lake,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 of�this area. 25. Prior to the issuance of building permits, the applicant shall submit a detailed TSM Plan for review and approval by the Zoning Administrator (unless otherwise required by a TSM Ordinance). The approved TSM Plan shall be operative prior to final inspection by the Building Inspection Department. *26. Provision of a Child Care Facility or program is required for this development. The program shall be submitted for the review and-approval of the Zoning Administrator prior to the filing of the Final Map. If possible, it is encouraged that a child care center be developed on this site. 27. Prior to recording the final map for phases on this site, confirmation shall be received from the Byron-Bethany Irrigation District that any facilities they have on the site have been properly moved or removed as the case may be, or as an alternative a letter from 8 the District may be submitted indicating that they have no facilities on the site that will be disturbed as a result of this development. *28. Suitable bus stops) shall be developed on the site subject to review and approval of the local transit agency. The bus stop, if developed, shall consist of a covered bench or other suitable structures subject to the transit agency review and approval, and the Zoning Administrator's review and approval. If the local transit agency does not wish a bus stops in this area, this requirement can be deleted subject to receiving written confirmation from the local transit agency. 29. The household of each existing residence,renting or living in the residences at the time of development, if not electing to purchase a unit when offered for sale, shall be provided with moving expense allowances equal to 150% of one month's rent for that unit and shall be provided with 60 days notice of the actual moving date. *30. Prior to issuance of building permit for the commercial center, Phase 5, the applicant shall provide plans to the County Sheriff's Department for their review and for suggestions of any changes to the design that could be made for defensive crime prevention. If an agreement cannot be reached,then that matter can be brought back to the Zoning Administrator for decision. 31. Any hazardous chemical stored on the site shall be properly removed and disposed of under County Health Services Department regulations. Any existing water wells on the site shall be properly capped under County Health Services Department regulations. Prior to recording the final map for any phase of this site, the applicant shall have the site inspected by a competent Hazardous Waste Materials Expert, who shall submit a report to the County Health Services Department and the Zoning Administrator for review and approval attesting to the removal of any hazardous waste materials on the site or lack of any located in that area of the site. This review shall take place.prior to any grading within the area of the site to be developed. *32. 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 County area. *33. Prior to construction on any phases on this site, submit a construction period circulation plan subject to the review and approval of the Public Works Department and the Zoning Administrator. This plan shall be implemented prior to major construction on the site. This may include providing acceleration/deceleration lanes on Highway 4 for trucks and to provide for off-street parking for construction workers either on the site or in some nearby area agreeable to the Public Works Department and Zoning Administrator. *34. 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 owners shall be informed by disclosure statement of the potential for future requirements for levees 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. 9 *35. Prior to final map approval or issuance of a grading permit for any development on this site, an August site survey shall be completed to look specifically for the San Joaquin Saltbush. If this sensitive-plantspecies is found to-exist on the site, a redesign of the project to protect this location or other Department of Fish & Game approved mitigation measures will be necessary. This report shall be submitted for the Zoning Administrator's review after review by the Department of Fish & Game. Approved mitigation measures carried out prior to any grading on the site. , *36. At least 30 days prior to any anticipated development activity on the site, the site shall be evaluated by the California Department of Fish & Game, Environmental Services Division, and the U.S. Fish & Wildlife Service, Endangered Species Division, to determine the site's suitability as Kit Fox habitat. If required by the California Department of Fish & Game, a survey of the site including: (1) night spotlighting, (2) line transits, (3) sense stations, and (4) photo stations should be undertaken prior to any project development for recording of final maps. This survey should be completed in compliance with the approved survey methodology adopted by the California Department of Fish & Game. If the Kit Fox is found to utilize the site or its immediate vicinity, the applicant shall be required to secure the preservation of the site with similar habitat (three times the size of the identified habitat area) located within the identified range of the Kit Fox, at a location subject to the review and approval of the Department of Fish & Game and U.S. Fish & Wildlife Service. This report attesting to this measure being carried out shall be submitted to the Zoning Administrator for review and approval at least 30 days prior to anticipated development on the site. *37. Prior to Final Map approval for any phase of this development and/or site grading, the applicant shall submit a written determination that the project is not subject to Department of Fish & Game jurisdiction and that the project has complied with the applicable agency procedures and requirements. The applicant shall also determine that the project is not subject to U.S. Army Corps of Engineers jurisdiction. Reports attesting to the compliance with the condition shall be submitted to the Zoning Administrator for review and approval. 38. The garage area of each residence shall lye wired for electric car recharging subject to the review and approval of the Zoning Administrator, and subject to the adoption of final Board policy. *39. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: *A. In accordance with Section 82-2.006 of the County Ordinance Code, this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. Conformance with the Ordinance includes the following.requirements: 1) Constructing road improvements along the frontage of Bixler Road. 10 Constructing curb, six-foot sidewalk (width measured from curb face), necessary longitudinal and transverse drainage,pavement widening,left- turn lanes for each project access -and a half-width median island (including surface treatment,landscaping, and irrigation) will satisfy this requirement. In lieu of actual construction of the half-width median island, the applicant may be allowed to make a cash deposit for the o construction of the median island, subject to the approval of the Public Works Department. Proposed bus shelters shall be clear of the sidewalk area. The face of the curb shall be 40 feet from the centerline of the road. "2) Constructing road improvements along the frontage of Highway 4. Constructing curb, necessary longitudinal and transverse drainage, necessary pavement widening to a accommodate two eastbound lanes, two westbound lanes and an additional acceleration/deceleration lane for right turn ingress and egress from the commercial center along the frontage will satisfy the is requirement. The face of the curb shall be 45 feet from the ultimate centerline of the road, except in the vicinity of the proposed acceleration and deceleration lanes along the frontage. The State Highway 4 transition to the east of Bixler Road shall include a right turn lane from Highway 4 to Bixler Road. If State Highway 4 were widened equally on both sides of the existing roadway centerline, the improvements would encroach into Kellogg Creek. Page 20 of the EIR Summary recommends that the project require all necessary right of way widening to occur on the project side of State Highway 4 in order to avoid impacts to Kellogg Creek channel. State Highway 4 is proposed to have a 126-foot right of way and Kellogg Creek is proposed to have greater than a 100-foot ultimate right of way width. In the area of conflict between the proposed 126-foot right of way and Kellogg creek, all widening of the Highway 4 right of way shall occur on tKe project side of Highway 4 right of way shall occur on the project side of Highway 4 to avoid impacts on Kellogg Creek. 3) Installing street lights on Bixler Road, Highway 4 and the internal subdivision streets and annexing the property to County Service Area L- 100 for maintenance of the street lights. The final number and location of the lights shall be determined by the Public Works Department, Engineering Services Division. 4) Undergrounding of all utility distribution facilities, including tie ry existing distribution facilities along the Highway 4 and Bixler Road frontages of the Albers property. 11 "5) Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse.having definable bed and banks or to an existing adequate public storm drainage facility which conveys the storm waters to a natural watercourse. Designing and constructing storm drainage facilities required by the Ordinance in compliance with specifications outlined in Division 914 of the Ordinance and in compliance with design standards of the Public Works Department. That portion of Kellogg Creek which lies to the south of State Highway 4 is an inadequate man-made drainage facility. If the applicant discharges concentrated storm waters there, the applicant shall be required by Division 914 of the Ordinance Code to prove the adequacy of the facility from the point of discharge to the natural watercourse, or to improve the capacity of the downstream facility if necessary. The tentative map indicates a plan to discharge concentrated storm waters to Kellogg Creek via an existing open drainage ditch near the northeast corner of the property. Kellogg Creek is an adequate point of discharge in that vicinity. However, because the drainage ditch is a man-made facility and not a natural watercourse, the applicant will be required to obtain a public storm drainage easement from the underlying property owner to the east prior to discharging run-off into the ditch. If, after good faith negotiations, the applicant is unable to acquire necessary rights of way and easements, he shall enter into an agree- ment with the county to acquire the necessary interests in accordance with Sections 66462 and 66462.5 of the Subdivision Map Act. If the ditch conveying storm drainage from this property also conveys irrigation district water, then the hydraulic analysis for the ditch must consider the joint use during the wet weather months from October 15 to April 15. The applicant would also be required to obtain a drainage release from the Byron-Bethany Irrigation District (BBID) prior to filing of the Final Map, for those portions of the downstream drainage ditch which are held by BBID in fee title. The lake may be constructed as a detention basin provided that it is designed and constructed in accordance with the "County Detention Basin Policy", subject to the review and approval of the Public Works Department, Engineering Services Division. - 6) Submitting improvement plans prepared by a registered civil engineer, payment of review and inspection fees, and security for all improve- ments required by the Ordinance code or the conditions of approval for this subdivision. These plans shall include any necessary traffic signage 12 and striping plans for review by the County Public Works Department, Road Engineering Division. 7) Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. B. This project shall comply with the provisions of the Albers General Plan Amendment and Related Actions Environmental Impact Report. Conformance with the EIR includes the following requirements: *1) Contribute this project's "fair share" amount toward area-wide improve- ments, such as: a) The installation of traffic signals and intersection improvements at the Highway 4 intersections with Byron Highway, Balfour Road, and Marsh Creek Road. b) Widening and upgrading Highway 4 to six-lane arterial standards between Marsh Creek Road and Bixler Road. c) Widening Highway 4 to four lanes north of Marsh Creek Road and east of Bixler Road. *d) Widening and upgrading Bixler Road to five lanes between Highway 4 and Marsh Creek Road. In lieu of the above, this project's fair share contribution to the area- wide road system shall consist of construction of the recommended Highway 4 improvements along the frontage with adequate transitions and signalizing of the Highway 4 intersection with Bixler Road, subject to partial reimbursement from-- future impacting developments. In addition, prior to filing the Final Map for Phase 4, a "fair share" contribution toward the signalization of the Highway 4/Marsh Creek Road intersection in the amount of 8% of the signalization costs shall be required. *2) Provide for bus pull-outs and covered bus shelters at locations desig- nated by the Tri-Delta Transit Authority, subject to the review of the Public Works Department and CALTRANS, and subject to the review and approval of the Zoning Administrator. *3). Provide bicycle and pedestrian accesses from F Street to the commercial center, and from the Phase 2 court to the retail center. *4) Provide fifteen additional parking spaces over those required for the retail center to provide a park-and-ride lot near .the State Highway 4/Bixler Road intersection subject to the review of CALTRANS and the Public Works Department, and subject to the review and approval of the 13 Zoning Administrator. Provide adequate parking for the combined use of the park-and-ride lot and the retail center. 5) Install traffic signals at the Highway 4 intersections with Bixler Road and "T" Parkway. Install a traffic signal inter-connection between the two traffic signals and the intersection improvements at the Discovery Bay Boulevard-State Highway 4 intersection, subject ,to the review and approval of the Public Works Department and CALTRANS. *6) Construct left-turn acceleration lanes on northbound Bixler Road at the commercial site accesses,and construct right-turn deceleration lanes on southbound Bixler Road at the approaches to the commercial site accesses. *7) Provide for adequate truck turning movements at the service road driveway connections for the proposed commercial area. *C. Convey to the County, by Offer of Dedication, additional right of way on State Highway 4 as required for the planned future width of 126 feet. In the area of conflict between the proposed 126-foot right of way and Kellogg Creek, all widening of the Highway 4 right of way shall occur on the project side of Highway 4 to avoid impacts on Kellogg Creek. If this portion of Highway 4 is added to the Area of Benefit project list, then credit may be provided for the additional right-of-way needed which is greater than an equal right-of-way divided north and south of the centerline of Highway 4. The total right-of-way needs shall include the right-of-way for Highway 4 and the right-of-way for Kellogg Creek. Any credit shall be based upon the value of land at the time of the filing of the Final Map for Phase 1 . *D. Convey to the County, by Offer of Dedication, additional right of way on Bixler Road as required for the planned future width of 100 feet. E. Provide. for adequate corner sight distancebased on a design speed of 55 miles per hour at the project entrances on Bixler Road, 65 miles per hour at the project entrances on Highway 4 and 25 miles pr hour at all internal intersec- tions in accordance with CALTRANS standards. F. Relinquish abutter's rights of access along Highway 4 and Bixler Road,including curb returns. Access openings will be allowed as shown on the vesting tentative map as modified by these conditions of approval. G. Construct the on-site road system to County public road standards and convey to the County, by Offer of Dedication, the corresponding right of way. H. Eliminate the "P" Street access to Highway 4 as shown on the tentative map, and extend "H" Court to the south to function as access to Highway 4 from the westerly portion of the subdivision. From Highway 4 to "S" Street, the access shall be constructed to a 40-foot width within a 60-foot right of way, with s 14 four-foot, six-inch sidewalk (width measured from curb face). No driveways shall be allowed within 60 feet of Highway 4. Construct acceleration and deceleration lanes for right turn ingress and egress at the intersection of the "H" Court access and Highway 4. If left turns are to be allowed there for site ingress and egress, install a left turn lane and a left turn acceleration lane in.the median area of Highway 4. ,These intersection improvements shall be designed and constructed to Caltrans standards, and shall be subject to the review of Caltrans and the review and approval of the Public Works Department. I. Construct "S" Street to County collector road standards from "T" Parkway to "D" Street. J. An encroachment permit for construction within the State right of way shall be obtained from CALTRANS through the Public Works Department, Engineering Services Division. K. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. *L. The property lies within the 60db noise level portion of the Noise Contour Map. The applicant shall submit an acoustical analysis prepared by a qualified expert and based on ultimate road widening and ultimate development of the area, and mitigate impacts subject to the review and approval of the Zoning Adminis- trator. *M. Coordinate through the Public Works Department, Engineering Services Division, the design of the Bixler Road accesses with those of the Byron 78 project to the east. *N. Physically restrict the access at the mid-point of the commercial center along Highway 4 to right turn ingress and egress only, subject to the review of the Public Works Department, 'Engineering Services Division, and review and approval of CALTRANS. *O. The applicant shall contribute $1 ,726 per single family unit and $1.55 per square foot of gross floor area for commercial and office developments to the Improvement Fee Trust (Fund No. 819200-0800) designated for the Delta Expressway, to be consistent with the Oakley Area of Benefit. P. Provide at least a 17.5 foot structure setback from-the garage to the front property line, and provide a vertical rise garage door with an automatic garage door opener. Q. Provide adequate on-site parking facilities for construction workers so they will not park on State Highway 4 or Bixler Road. Construction vehicle and worker traffic shall access the site via Bixler Road, not State Highway 4. L 15 R. Furnish proof to the Public Works Department, Engineering Services Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. If, after good faith negotiations, the applicant is unable to acquire necessary rights of way and easements, he shall enter into an agreement with the County to complete the necessary improvements at such time as the County acquires the necessary interests in accordance with Section 66462 and 66462.5 of the Subdivision Map At. S. Apply to the Public Works Department for annexation to the County Landscap- ing District AD 1979-3 (LL-2) for the future maintenance of landscaping and irrigation facilities in median islands along Bixler Road, parkways along.Highway 4 and Bixler Road, and other areas ("open space" is specifically excluded). Submit landscaping plans to the Public Works Department and pay the plan review and field inspection fees. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their mainte- nance by the County after final inspection is cleared. Landscaping plans shall be reviewed and approved prior to filing of the Final Map. Subject to the approval of the Public Works Department, if the median improvements cannot be constructed at the intended time, the applicant shall contribute the estimated cost of the work to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements to Bixler Road. The cost of landscaping may be based on the industry standard for work on similar roads. T. Implement measures to guarantee a stable lake level and to provide adequate water quality in the lake system. Maintenance, future improvements and water quality in the lake system shall be specifically addressed in the covenants, conditions and restrictions (CC & Rs). Maintenance shall include but not be limited to, limiting the growth or removal of algae and water hyacinths. The applicant shall submit a lake management plan to the Public Works Department, Engineering Services Division, for review and to the Community Development Department for review and approval prior to the filing of the Final Map for the phase which includes the lake. The report may have to be reviewed by a competent limnologist which may require additional fees to pay for the review. U. The applicant shall be required to contribute a .drainage fee to the County Drainage Fee Trust (Fund No.-812100-0800)designated for improvements-in the Kellogg Creek watershed as follows: Prior to the filing of the Final Map for Phase I of the project, the applicant shall make an initial contribution of 825,000 toward the drainage fee. The Flood Control District will use this contribution to implement a drainage plan for the Kellogg Creek Watershed and to establish fees to fund the necessary drainage 16 -improvements under the plan. When the drainage area is formed, and the fee is established, the applicant will be required to pay the drainage fee for all phases of the project for which a Final Map has not been filed. If a Final Map is filed prior to adoption of the drainage fee then no fee will be paid with that map. Regardless of the amount of the adopted drainage fee, the drainage fee obligation for this project shall not exceed $0.35 per square foot of impervious surface. The applicant may request to perform all or a portion of the following specific work and receive credit against the drainage fee: * Develop a Kellogg Creek Watershed Master Plan of regional drainage improvements along with a fee ordinance subject to the review of too Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. * Prepare an environmental impact report for the proposed watershed regional improvements. * Construct specific regional improvements in the Kellogg Creek water- shed shown on the adopted drainage plan, to help mitigate the drainage impact and flooding of property to the west. Any of the above work which the applicant requests to perform shall be subject to the review and approval of the Pubic Works Department, Engineering Services Division, and shall be performed in accordance with the credit/- reimbursement policies of the Flood Control District. Work done,to meet the collect and convey requirements of the Ordinance code, which conforms to the adopted drainage area plan, can be creditable toward the applicant's drainage area fee obligation. The credit shall be calculated against the potential fee liability for the entire project, and not just those phases that are filed after the fee is adopted. The theoretical fee for the phases that were approved prior to the adoption of the drainage fee shall be calculated and subtracted from the creditable amount. The balance shall be the amount eligible for credit against the fee obligation,for any future phases. For example, if the fee is adopted for Phase 3 then the fee due for Phase 3 shall be the lessor amount of the following: 1) The calculated fee for the lots in Phase 3 minus the cost of creditable work performed (includ3ing the $25,000 contribution with Phase 1) plus the theoretical fee for Phases-1 and 2. 2) The calculated fee for the lots in Phase 3. OR At the option of the developer, construct improvements to Kellogg Creek equivalent in value to $.17 per square foot of impervious surface area created 17 by this project. The scope of improvements shall be determined by the Public Works Department, Flood Control Division, and then designed and constructed by the applicant. The need for the improvements to Kellogg creek shall be reviewed by the Public Works Department prior to the filing of each final map. If the Public Works Department determines that the level of development in the project does not- represent sufficient "equivalent value" of $.17 per square foot to perform a significant amount of improvements to Kellogg Creek, then the applicant has the option to contribute $.17 per square foot of impervious surface area to be deposited in a Drainage Improvement Trust Fund (812100-0800) with the filing of the final map. V. Grant to the adjacent property owners a public access easement over the strip of land between the northerly line of this property and Marsh Creek Road. As an alternative,the strip of land can be deeded to the Irrigation District or to the neighboring property owner(s). W. The Public Works Department, Engineering Services Division, will recommend that the property owner of the property at the northeast corner of Bixler Road at State Highway 4 (Byron 78) be conditioned to reimburse the applicant for Subdivision 7679 for any of the road improvements which Subdivision 7679 constructs along that side of the ultimate centerline of that property along the frontage of State Highway 4 and Bixler Road. The property owner of the property at the northeast corner of Bixler Road and State Highway shall also be required to reimburse the person or entity that installs the Bixler Road-State Highway 4 traffic signal for 25% of the cost of installation of the traffic signal. Subdivision 7679 shall be required to reimburse the owner of the property at the northeast corner of Bixler Road and State Highway 4 for any of the road improvements which Byron 78 constructs along the Albers side of the ultimate road centerline along State Highway 4 and Bixler Road. Subdivision 7679 shall also be required to reimburse the person or entity which installs the Bixler Road- State Highway 4 traffic signal for 25% of the cost of installation of the traffic signal. The Public Works Department, Engineering Services Division, will recommend that the proposed Discovery Bay West project, located north of this property, be required to reimburse the person or entity that installs the Bixler Road-State Highway 4 traffic signal for all or a portion of the remaining 50% of the cost of installation of the traffic signal. The estimated cost of the work to be reimbursed shall be based on at least 3 independent bids for the work subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. Prior to filing the map for Phases 1 and 2, the applicant shall enter into a reimbursement agreement for the work described above. 18 If an area of benefit for road improvements is formed which includes installation of the traffic signal at State Highway 4 at Bixier Road, and if the area of benefit installs the traffic signal, the applicant for'this development will only be . obligated for 25% of the cost of that traffic signal. At least $1,000 or 1%, whichever is greater, of the amount to be reimbursed for each reimbursement agreement shall be paid to the County of Contra Costa Public Works Department, Engineering Services Division, for administration costs. X. PHASING OF SUBDIVISION 7679 IMPROVEMENTS: At the request of the applicant, Phase 4, at the northwest corner of the property, has been changed to Phase 3; Phase 3, at the southwest corner of the property, has been changed to Phase 4; and "T" Parkway shall be constructed with Phase 3 instead of Phase 5. Phase 1 and up to 90 units that access off of Bixler Road shall be required to construct full frontage improvements along Bixler Road. Phase 1 will not be• required to construct State Highway 4 improvements except for the westbound State Highway 4 right turn lane into Bixler Road and adequate transitions. The improvement plans for all the improvements on Highway 4 shall be designed and submitted to the Public Works Department and CALTRANS for review and approval with Phase 1 . These improvement plans shall include the signal at "T" Parkway and at Bixler Road. The improvement plans for all the improvements on Highway 4 shall be approved by CALTRANS prior to issuing the buildnig permit for the 90th unit. Improvements to Bixler Road shall be bonded with Phase 1 and shall be completed prior to issuing the building permit for the 90th unit. The phase that contains the 90th unit shall construct an access to Highway 4 and shall be required to construct full frontage improvements along State Highway 4. In addition, the traffic signal along State Highway 4 at "T" Parkway shall be required with this phase. If the traffic signal cannot be installed with this phase because of CALTRANS requirements, then it shall be re-analyzed with each subsequent phase and constructed when required. if the traffic signal cannot be installed with the last phase, then the applicant shall be required to contribute an equivalent cash deposit of the signal cost to a County Road Improvement Fee Trust (Fund No. 819200-0800) designated for future construction of these improvements prior to filing the Final Map for the last phase. The improvements to Highway 4, including the signals, shall be bonded with the filing of the final map that contains the 90th unit and shall be completed prior to issuing the building permit for the 90th unit. The need for the traffic signal at State Highway 4 and Bixler Road shall be analyzed by the Public Works Department prior to filing the final map for each phase after Phase 1 . The signal shall be installed when directed by the Public Works Department and allowed by CALTRANS. If the traffic signal cannot be installed, 19 then its future installation shall be assured with the applicant contributing a cash deposit equal to 25% of the improvement cost to a County Road Improvement Trust (Fund No.-819200=0800) prior to-filing the Final Map for the last phase of this.development. Y. Certain road improvements required may be eligible for credit or reimbursement against the Area of Benefit fee. The developer shall contact the Public Works Department,Transportation Engineering Division,to determine the extent of any credit or reimbursement for which the applicant might be eligible. Prior to constructing any public improvements, or filing of any final map, the applicant shall execute a credit/reimbursement agreement with the County. No credit or reimbursement will be made for any improvements installed prior to execution of the credit/reimbursement agreement. Credit will only be given for monies that are programmed within the next three fiscal years after final map approval. Reimbursement agreements shall be executed for monies that are programmed beyond three fiscal years. ADVISORY NOTES A. The project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 90-118) as they pertain to future construction of any structures on the property. B. This project may be subject to the requirements of the Department of Fish & Game. It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47,Yountville, California 94599,of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. C. This project may also be subject to the requirements of the Army Corps of Engineers. The applicant should notify the appropriate district. of the Corps of Engineers to determine if a permit is required and if it can be obtained. D. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance (Area of Benefits) as adopted by the Board of Supervisors. E. The applicant shall be required to comply with all rules, regulations, procedures of the National Pollutant Discharge Elimination System (FM) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay-Region II or Central Valley.-Region V). F. Comply with the requirements of the Sanitary District #19. *G. Comply with the requirements of the East Diablo Fire Protection District. 20 H- Os,�:vjith 1he r,31-;uirerlI,,-,nts o'l the Health Services Department, Environmental orthc 11L�:;din-.-, llf-.ion Department. Building permits s i -i:�Jll QI --Lures. i U- ,al review fee of $850.00 for the .-nd of li-i- :..peal period. railure to do so will II D;;: oval is 11(),_ or vested until the fee is paid. A ta T- C : -: County for submittal with the K- c,:LArR: u! I C; L "-J 1� Ia.X for V,I:-; 0:1 i: services district is currently set by 2 vi ori al 0 ner Pnnually (with appropriate futur"e, fee is subject to modification by '-.e for holding the election is $800 jtic; ;[I the fulum. i je applicable tax and fee amounts J voting. A B&r. � 1 Agenda Items #4, #5, #6 Community Development Contra Costa County EAST COUNTY REGIONAL PLANNING COMMISSION MONDAY, MARCH 1 , 1993 - 7:00 P.M. I. INTRODUCTION BELLECCI & ASSOCIATES (Applicant) - MONTE & LUCIA ALBERS (Owners), County File #2985-RZ: The applicant requests approval to rezone 73.48 acres of land from the Heavy Agriculture District (A-3) to Planned Unit Development (P-1) for 288 Single Family Residences, a 12.3 acre Retail Site with approximately 109,500 square feet of Retail Business Space and a 2.2 acre office site, a 3.2 acre lake and a 1 .7 acre of park area. BELLECCI & ASSOCIATES (Applicant) - MONTE & LUCIA ALBERS (Owners), County File 3005-92: The applicant requests.approval of a Final Development Plan for a 288 Single Family Residential Development, a 12.3 acre Retail Site with approximately 109,500 square feet of Retail Business Space, a 3.2 acre lake and a 1 .7 acre of Park land. SUBDIVISION 7679 (Applicant: Bellecci &Associates) (Owner: Monte & Lucia Albers) The applicant requests approval of a Vesting Tentative Map to subdivide the 73.48± acre site into 288 Single Family Residential Lots along with other uses. Subject property for the above referenced projects is described as 73.48± acres of land located at the northwest corner of State Highway 4 and Bixler Road, in the Discovery Bay/Byron area of Contra Costa County. (ZA: P-27 & P-28) (CT 3040) (Parcel #011-190-029) :::3i' tts o et t# e C;;z),.:. fps App ©gra vat e� by the appetZ1 Theenntssiori re. II. RECOMMENDATION Staff recommends that the East County Regional Planning Commission adopt a resolution recommending that the Board of Supervisors approve the P-1 rezoning and final development plan subject to attached conditions of approval. Further, staff recommends that the East County Regional Planning Commission close the hearing and declare their intent to approve SUB 7679 subject to recommended conditions of approval. Also, the Commission needs to adopt a resolution with findings. f � III. GENERAL INFORMATION A. General Plan: A General Plan Amendment, County File #4-90-EC,:has been filed on this site along with--this development proposal. The--General- Plan- Amendment is a request to change the designation on the site from agricultural core and agricultural land to Single Family Residential-High Density and Commercial. There is a General Plan Amendment to the east of the site and east of Bixler Road that is also been filed. That request generally known as the Byron 78 and plan is a request to change land from agricultural designation to commercial and light industrial designations. On February 1, 1993 the Commission recommended approval of both General Plan Amendment requests. B. Zoning: The site is presently zoned Heavy Agricultural District (A-3). This development proposes to rezone this site to the Planned Unit District (P-1). C. CEOA Status: A Draft Environmental Impact Report was prepared for this project as well as a General Plan Amendment filed on the same site. The Zoning Administrator recommended certification of the Draft EIR on November 9, 1992. The Zoning Administrator found that the EIR was complete and adequate. , The Environmental Impact Report covered issues involving land use, population, housing, and employment; visual factors; transportation; drainage and water quality; soils and geology; public services; vegetation and wildlife; and noise. D. Environs: The project site is located in the unincorporated Byron/Discovery Bay area of Eastern Contra Costa County. State Route 4 (Highway 4) provides for regional access to the site. The site is approximately 30 miles east of Concord and 20 miles west of Stockton. Further to the northwest are located the Cities of Brentwood, Pittsburg and Antioch, and the unincorporated community of Oakley. 11 The site is located on the northwest corner of the intersection of Highway 4 and Bixler Road. The site is approximately one and one-half miles west of the . Discovery Bay community on Highway 4 and approximately five miles southwest of the City of Brentwood, and one-half mile east of the Byron Highway-Highway "4 intersection. The unincorporated Byron community is approximately three miles southwest of the site. 3 The site vicinity consists of a generally flat landscape used for agricultural or rural residential purposes. Immediately to the north of the site,and off of Bixler Road, are several small rural ranchettes consisting of single family residences on approximately five acre lots. There are some older residences located on smaller lots of approximately 1 t acre. Immediately to the west of the site are active agricultural lands used for field crops. There is a drainage ditch-irrigation ditch that runs along the west side of the site. E. Site Characteristics: The 73.48 acre site is currently used primarily to grow hay but it also contains a single family residence, associated out buildings and a mobilehome all which are located on the northwest corner of the property. The house is a rental home. The topography of the site is nearly leveled with the exception of some irrigation-drainage ditches along the eastern, western and southern boundaries of the property. The property has a slight slope toward the east. A small county-owned lot at the southwest corner of the site is to be added to the project. There is an occupied residence on the site. F. Soil on Site: The Soil Conservation Service has identified the soil in the property as Marcuse Clay, which is a non-prime agricultural soil. The soil is described as poorly drained with comparatively low strength rating, high shrink/swell potential and moderate to slow permeability. G. Irrigation Lines in the Area: The Byron-Bethany Irrigation District holds a 33 foot wide easement along the western property line from a point north of Highway 4, Within the portion of the project's site which protrudes north from the northwest corner of the property to Marsh Creek Road. This easement contains a drainage ditch and irrigation water distribution pipeline serving parcels to the north of Marsh Creek Road. H. Previous Approvals on the Site: LUP #2117-88 was approved by the Board of Supervisors on September 25, 1990. The request was for an outdoor recreation facility consisting of a miniature golf course, batting cages and a go- cart race course. The use has not been established and approval for the recreational facility lapsed on September 25, 1991 . IV. AGENCY COMMENTS A. Liberty Union High School District: See attached letter. B. East Diablo Fire Protection District: See attached letter. C. California Archaeological Inventory: There is a low probability of archaeological sites. Further study for archaeological resources is not recommended. r 4 .... .... . .... . [. .>te arta 33t.of .A rtcsl.1 ure�...Se aached pltpy #ar tide applicattn:af f�st�cde�_. E. Requests for Comments: Copies of the application requests for comments were sent to numerous agencies. The above letters are the only one received by staff to date. V. ROAD AND DRAINAGE CONSIDERATIONS The attached conditions of approval based on the February, 1992 tentative map include road and drainage requirements. The applicant should be fully aware of the County Subdivision Ordinance Code requirements as they pertain to this development. The project does not propose to use the lake as a detention basin. Any subsequent proposal to use the lake as a detention basin shall be subject to the review and approval of the Flood Control District. VI. DISCUSSION The applicant proposes to construct a mixed use project consisting of 288 single family detached residential units, 109,500 square feet of community shopping center floor space, and a 22 acre site designated for future commercial, professional and medical office development. The site also is to contain a 3.2 acre lake which is surrounded by approximately 1 .7 acres of park land. With 288 units the required park land dedication is 2.31 acres of land. It should be noted that the park on this site may become a private park maintained by the homeowners in this project. Residential lots range in size from 4,590 sq. ft. to 12,240 sq. ft. with an average size of 5,790 sq. ft. ANTICIPATED PROJECT HOME CHARACTERISTICS SHOWN ON FIGURE #7 Floor Area Estimated Sg. ft. Bedrooms Baths Stories Project Mix Plan 1 1,404 3 2 1 20% Plan 2 1,766 3 2 2 30% Plan 3 1 ,918 3 2.5 2 30% Plan 4 2,124 4 2.5 2 20% The proposed neighborhood commercial center would contain a total of approximately 109,500 square feet of leasable floor area, including one main, interconnected, single- story shopping complex at the rear of the-commercial site (approximately 91 ,500 square feet), and four individual commercial pads along the State Highway 4 frontage (approximately 4,000, 5,000, 4,000 and 5,000 square feet respectively). The main structure would include two "major" or 'anchor" retail tenants (Major 1 and Major 2), 5 y which would probably consist of a grocery store and a drugs-variety store, plus adjacent secondary!.commercial space (Store- .Store -B; and -Store C) for--neighbor- hood-serving specialty retail and service commercial tenants, such as a cleaners, hardware store, stationery store, video store, financial or real estate operation, hair salon, sporting supplies, apparel shop, small coffee/sandwich shop, delicatessen, etc. The three pads would probably each be occupied by an automobile-oriented "quick- stop" retail or service commercial use, such as a fast-food restaurant, quick-stop market, or small bank. The shopping center parking lot will have 492 parking spaces. The site is within the urban limit line. Therefore, subject to review and approval of the Board of Supervisors the General Plan can be changed for the site. The Environmental Impact Report for the project has evaluated the various proposals and alternatives for this site and ranked them in order of their environmental desirability. The ranking from the highest environmental to the lowest environmental ranking. The projects are ranked in this order: A. No project. This project would assume that continuation of the present use on the site. This is unlikely in that it would only occur if the General Plan Amendment is denied. B. A general plan alternative which is development of this site as presently permitted under the existing designation of Agricultural Lands (Rural Ran- chettes) and Agricultural Core. This development is also unlikely in that it would only come into effect if the General Plan Amendment is denied. C. A mitigated project alternative for development of this site with a lot layout and circulation design revisions with associated reductions in the total number of units and project lots in order to reduce and minimize identified adverse environ- mental impacts. This alternative would reduce the total number of residential units on the site to be around 246 by requiring the enlargement of lots along the north property line and also the development of unloaded or single loaded roads along the south side and west side of the project. The reasons for this would be to create a greater buffer between this high density residential development and the surrounding agricultural core and agricultural lands and the reduction of noise impacts to the backyards of the lots as presently proposed along State Highway 4. D. Density Transfer Alternative. This-would envision the development of the site in a clustered design with a variation in housing type and density. Larger open space areas to be used for recreational purposes could be developed. Also, the cluster design could increase the setbacks-from surrounding roadways and agricultural land uses and avoid existing peripheral drainage and irrigation ditches. 6 E. The fifth alternative to the project is a all-residential project. This envisions enlarging the lots on the sites so that they average around 10,000 square feet.- - - The total number of lots under this proposal would be 263. There, of course, would be no retail shopping or office space under this project alternative. F. Applicant proposed alternative - The sixth alternative was based on the applicant's submittal for 296 lots and included numerous mitigation measures which included reduction to 284 lots, increase in retail land area, decrease in retail structure area, increase in park area, revisions to street design and provision of open space area at drainage channel. The Mitigated Project Alternative as described in the EIR would provide mitigation measures that would address the environmental concerns resulting from the development of high density single family homes adjacent to agricultural lands and agricultural residential lands. Single loaded streets provide setbacks from potential crop spraying on the westerly side, while larger parcels and single story homes on the northern boundary provide a buffer for the rural ranchette area to the north. The elimination of lots backing up to or located next to State Highway 4 will greatly reduce noise impacts to future residences. Copies of the Alternative section concerning the mitigated project and the applicant's proposed alternatives are attached. The mitigated alternative is much more effective in mitigating the effects between the proposed residential uses on site and the agricultural and rural ranchette uses on surrounding properties. The two alternatives are the same in regards to mitigating effects of population, housing and employment. The mitigated project is more effective in reducing visual impacts by providing a visual transition between land uses at the edge of the project to the center. The use of single story residents near the sides of the site reduce visual impacts. Transportation effects would be reduced more by the mitigated project alternative by virtue of reduced units. With means developed to reduce speed of vehicles traveling through the residential portion of the site either alternative would improve public safety. The effect of each alternative in regards drainage and water quality would be about the same. Both slightly reduce adverse effects as they reduce number of units. Both alternatives slightly reduce non-point source pollutants by virtue of reduced units. 7 In regards to mitigation effects on geology and soils both alternatives are the same, in that both slightly reduce seismic hazards by.the reduction-of units: The mitigation effects of both alternatives in regards public service are about the same. Since the mitigated project would most likely have less units it would reduce impacts on schools, police and fire protection slightly more than the applicant's alternative. Mitigation of vegetation and wildlife would be enhanced by the creation of the lake (particularly water birds) in the applicant's alternative. With the approval of the General Plan Amendment as recommended by the Commission, any development would be required to have a park generally as presently proposed. The mitigated alternative is more effective in reducing noise impacts to future residents, especially along State Highway 4. The use of a single loaded street along State Highway 4 would significantly reduce traffic noise effects to future residents in this area. 6upeFVi5eFS that this PFejeet be appFeved using a mitigated ffejeet design as eutli gcrarrcrZreFe ivrcv-rs-tirvnQ-the Y6GSFIy-ff9l3efty--line-e-ftheSlte;Ft-would-ar3vTegviic the develepment of single leaded Fead aleng the seuth side ef the site .. - the aeeess StFeet fee adepth of a'pp'r'e'XimateI'y-360 feet fFOFn the sG'l7C'heFAf epeTtyfTTfe . well as a Fight WFA. 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MIA::: ..:t.::e: ::: u.:ti..a.:::::: .:: .:::e ;:::.:;'1;>;::;.:,.:: ;;.:>':.>::.>.:;:.;::;.:<.:::<,;::':,.>:;:tial`ire+l .:.:; .::.::;<n, virest :::>tt:<::sh uid.<:::be<:Cht�:>: .vfic::;>:> ;i:e f cE< t x fl..cis.::be weer ...a .cue....t...:....::........ ..a........ 1 ...: .Y. :......:. :::::........:.:.........:.:::.......:::.::....::::::.::.::::::::::9.::::::.:::::. : :::: .:..;.€.. ...:' .:€>.::.;:.:..,:.:><€::.. . :::ci€` b :: oe :::€+�a :: e::: ra , : :.area.. e. ci: .' .. .Q.......r..rm:.t...e : .: .: :::use .:::::: .: :::o....d.::::::::::.:.:::::.:: :::..:::::::::::::. ............................. ............... ....... .......... d vest6.1, e<.e 9t Staff also recommends that Lots 278, 279 and 280 be eliminated or moved to allow for a better entrance into the southwesterly corner of the park and lake area. THIS ' ::.....:... n% i it`d t '<t:e<tt :e a t� isr#teis:tie:: e.:::r lr.:o..::€ e:. .:::.:.I.::.::...: p.......... ........R...........................:.....:::.......:::::.::::::::::::::::::..................... The Environmental Impact Report recommends that the revision of the internal circulation be done so that streets,which are conducive to relatively high speed traffic be revised. Staff recommends that this be a review of the design of the streets in the area to determine if methods can be developed to reduce the overall speed of traffic in the area. Possible design changes could be choked points at some of the intersections which could be landscaped and the sidewalks properly marked with a paver all designed to slow traffic. Another possibility would be placement of trees within the parking strip along the streets which would further help reduce the speed of vehicles traveling through this site. Another major concern of staff is the maintenance of the lake on proposed Parcel A. First, it should be noted that staff recommends that this lake-park area be developed, landscaped and improved prior to the occupancy of residences and Phase 2 rather that as it is presently proposed in Phase 5. Further, prior to development of this site, an acceptable lake maintenance program including a financing program needs to be submitted for the review and approval of the Zoning Administrator. The mitigation monitoring program would require_ that the operation of the lake and its ability to remain open and useable for recreational purposes be monitored for at least five years with annual or biannual reports indicating that the lake is able to continue to an asset to the community. -- - - - - 7 9 Other items of concern are the provision of water and sewers for the site. Means to serve this development needs to be .finalized prior to..recording the final map for-the first phase of the development of this site. In other words, prior to recording the final map for this development the applicant will have had to annex this site to Reclamation District No. 19 for water and sewer service. The design of the wall along the south side of the site and north-of State Highway 4 needs to be evaluated and approved by the Zoning Administrator prior to recording the final map for Phase 2 or Phase 3 of this project. The wall should be constructed of a sound reducing material such as masonry or brick. It should be a decorative wall that would an asset to the community and would be located in such a manner that it could be maintained by a homeowners association. There should also be at least a 9-foot wide landscaped strip along the front of this wall that can be properly landscaped with various bushes and trees that would be compatible with the climate and soil on the site. Further, the wall needs to be setback two to three feet periodically to help relieve the monotony of a long straight wall which is notable on the eastern portion of the Discovery Bay community at this time. The walls need to be finished with at least a couple of colors and/or texture types to help improve the aesthetics of the wall. Staff recommends that a short trail perhaps between Lots 255 and 256 be developed to connect proposed "F" Street area and neighborhood with the commercial, professional and medical offices to the east as well as to the retail development to the south. Staff recommends that if possible a childcare facility be developed within the retail space area and/or in conjunction with the elimination of several lots notably Lots 278 through 280, to provide for childcare needs in this area. If this area is properly developed as a childcare facility it could greatly enhance that sense of community for this project and provide an area where the children of this project would be able to stay in their local neighborhood if child care is needed. 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CONCLUSION Based upon the above staff report, the Environmental Impact Report prepared for this site and the recommendations of that Report,staff recommends that this development be approved in a manner similar to the mitigated project alternative outlined in the Environmental Impact Report. cpeeifieally, a single leaded ..tFeet should be ,d...,..1eped feet, sheul.d be ..,.ryed by .. unleaded eAtFa.-ee StFeet with pFepeF Fight (and left to ffl lane r "A" n GO ..t C. theF the t.. t basi�..�IL.e �t—avurc�-sircrTcrm �er.�-I 6 E�t�e�a�l vnQ��R6f�l-1 er�iF-St�e-ef��Te�f�67cEr,-v�n� appFemifnately ene qUaFteF aeFe. Staff FeeeFnmends that these lets be develeped a 10 standaFd with a FeqUiFeFnent that a FeaFyaFd be apffeximately 20 feet and that the is en this site be single SteFy F si dential The western side of the site shall either be buffered by a single loaded street or by a fallow strip ofEi :fitQfi:8` +i width otfndd`atdfdcngnd. The residences along the south side of the project shall be .:::. ......:.::::...: . .:............:::..::... constructed to reduce interior noise levels to acceptable levels. These houses will be a mix of one and two story houses. Lots along the north side of the site shall be developed as a mix of single and two story houses with the second story set back at least 25 feet from the rear property line. Staff further recommends that if approved 35 the development of proposed Parcel A consisting of the lake and park area be .............................. developed, 1 `fjd and operable prior to the occupancy of homes for the residences in Phase 2. The sound wall that is to be built along-the south -property line must be in place and landscaping installed prior to the occupancy of residences in tenPhase 2a d when developed,lo ed Phase fpxvhmm. A. <`ta.r' s AB/aa SUBXI/7679.AB 2/2/93 2/23/93 CONDITIONS OF APPROVAL FOR 2985-RZ, FINAL DEVELOPMENT PLAN 3005-92,VESTING TENTATIVE SUBDIVISION 7679 I FINDINGS 1. The applicant has indicated that they intend to commence construction with two and one-half years of the effective date of the final project approval. 2. The proposed site plan is generally consistent with modifications with the General Plan Amendment filed on this site, File #4-90-EC. 3. The Albers property development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of nearby community with proper conditioning. 4. In accordance with the required findings of the Planned Unit 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 a land use limitations in the area. Conditions of Approval 1. The development shall be based on the following submitted exhibits except as modified by the conditions below. T , n caps.a :.apprvaj znoForat aid are:n adit�o A. Revised Vesting Tentative Map, Final Development Plan and phasing plan dated received February 3, 1993. B. Geotechnical investigation report by Kleinfelder, Inc. & Associates dated received June 22, 1992 along with their response letter dated received November 24, 1992. C. Elevation of project home schemes as outlined in the Draft EIR for the project figure 7. D. Preliminary landscape plan as outlined in the Draft EIR for the project, Figure 8. E. Elevational drawings of the shopping center. F. Report by Thompson & Associates concerning the economic feasibility of the proposed shopping center. 2. A separate final development plan submittal and approval will be required for the proposed professional-medical office complex. 3. The length of approval for the tentative development plan 2985-RZ, final development plan 3005-92 and SUB 7679 is for three years. One 3-year extension be granted for the project subject to proper request and approval. 2 4. The phasing plan is acceptable as proposed. Phasing may be modified subject to the I review and approval of the Zoning Administrator. *5. A revised tentative map and final development plan ef aPPFOXimately 260 un shall be submitted which shall properly buffer the site fFeFn the ReFtheFl • FWFal ehett„ I„+.. by the eFeatien of lets of appFeXimately eAe quaFteF aeFe aleng that side ef the site. :.;:.;:.;:.:<.;:.;::.;:.::.;:.;;:.......................................................................................................................................................... ............ :.: . . ,. :.:::.r:< >: '< :>:::':<`wi' <::>:..:� : :'>::>` t# .:'' ::°`. ; iii :::;•`� �'::::: ":"i ':: : tt:.:::. ..,:;.: #278 to #280 shall be removed or moved to open up the southeasterly side of the park-lake area. FUFt ger, the seut'heFly side efthe-Fesidential-peFtien e#the site- westeFly side ef the Fesidential �eFtien ef the site shall be develeped with a sip@le leaded Fead te help Feduee the effeet ef neise en the Fesidenees in this site and te help eXIFeFne westeffi peFtien ef the site shall be unleaded fOF a depth ef apffoxifflately 35-0 feet. Means to slow traffic through the residential portion of the site shall be developed. The revised tentative map shall be acceptable to the Public Works Department and the Zoning Administrator. *6. Comply with the landscape requirements as follows. The following reports are subject to Zoning Administrator review and approval: *A. At least 30 days prior to requesting recording of the final map for Phase I, submit a street tree planting plan for the entire development, a landscape plan for the landscaping and soundwall along the site's frontage along State Highway 4, and a landscape plan for the park area around the proposed lake. The plan shall include typical frontyard landscape plans for residences on site. B. The plan for the proposed lake shall include at least one suitable pier where people can walk out over the lake. There shall be at least two suitable tot lot play areas in the park area. C. At least 30 days prior to requesting building permits for Phase 5 of this development, submit a final architectural and landscape plan showing proposed landscaping and building finish and design for the entire commercial area of the site. The plan shall include mounding along State Highway 4 frontage, tree wells for every third to fifth space within the parking lot area depending on tree type approved. A suitable attractive masonry wall along the northerly side of the site where it backs up to single family residences. Samples of building materials and colors shall be submitted for review and approval. D. Submit a design for a suitable trail to connect the Phase I area with the proposed retail area. The trail can be generally located were the applicant wishes. However, staff suggests that the trail be located between Lots 255 and 256. E. Landscaping shall.conform to the County Water Conservation Policies in regards the use of drought tolerant trees, bushes and groundcover. 3 *F. Fence design and location shall be shown on the plans. A suitable masonry wall shall be erected along the site's frontage: on State Highway­-4. The soundwall area should mounded to reduce the overall height of the soundwall. The plans for the masonry wall shall be submitted for Zoning Administrator review and approval. The soundwall shall be designed in a manner were it will not create a monotonous straight wall. The soundwall shall be stepped back and forth periodically to help improve the appearance `of the wall. An acoustical study shall be submitted showing the reduction of noise from State Highway 4 that the soundwall accomplishes. G. A 9-foot wide landscape strip shall be created along the south side of the soundwall and shall be properly landscaped prior to the issuance of building permits for Phases 2 and/or 3, as the case may be. Means for long term maintenance shall be developed. The landscaping and maintenance plan shall be reviewed by the Public Works Department, and reviewed and approved by the County Zoning Administrator. ........................... H. Frontyard landscaping shall be installed &jj§§#d prior to occupancy of residences. All landscaping shall be maintained by the applicant until occupancy, or in the case of common areas until the annexation into a landscape and/or lighting district. The applicant shall be required to annex when and if a district is formed and shall notify future owners by deed notice of the fact that the site was within a landscaping/lighting district and/or park district. *1. The northerly and westerly sides of the site shall be fenced with a suitable fence design to prevent the movement of domestic pets and animals north into the surrounding rural ranchettes and west onto agricultural lands. Staff suggests a 6-foot tall cyclone fence with wood slats. This fence design should be submitted for the comments of the neighboring owners prior to installation. The type of fence can be changed to a solid wood fence if that is the wish of a neighbor to the north of the site. The westefly side of the site shall—be 'andseaped and Fneunded with as aFea at least 10 feet wide west ei the-Fead. :«:;::<d"la s>`a =used'< ::»: :::>;:;:::: >;:<::<::>:: ::;>> ;>:<.; > :i""": reoad r :.:.:.;:::::n:.:;:..:...::.;:.:.;<.... he ulre stile o� Ihhaf .bfer . f�R�31+.wit : * # tld:.:: id:: aris . :::wfl .:: il tb1 .:;ivr� v.......... ;fid.. J. Grading plans shall include erosion protection on all slopes of five feet or more in height and a gradient steeper than 10:1. Protection shall be equal to or better than hydroseeding with mulch. Hydroseeding shall be as recommended by a certified landscape architect. K. The Parcel B area of the site shall remain in its natural condition insofar as possible. 4 *L. - Each lot shall have at least two suitable street trees except that corner lots shall have at least four street trees. The • ideF '^t^ at the ..^.the-^ side of the Wit.. shall have f ... ,.tFeet t.::.;,. .. .. -. ., M. The palm trees on the County property shall be transplanted to a suitable location on the site. 7. At least 30 days prior to filing a parcel map or issuance of a grading permit, the applicant shall submit a grading plan for the review and approval of the Zoning Administrator. The site shall be removed from the 100-year flood zone prior to FeeeFding the Final Map—Occup ncy fl# res dances�r cernmerca€ hU�id�rgs. This can be done phase by phase. 8. Develepment plans fOF eaeh building site shall be Feviewed and appFeved by the zeniplg AdFniAiStFateF at least 30 days PFieF te filing the Final M . . - iee ef buMOR9 peffn+tS. Homes and other large structures shall be designed and placed to minimize the visual impact from adjoining properties or roadways. All structures shall have non- flammable roofs and fire retardant or non-flammable siding. All out-buildings shall have adequate spacing from residences. Residenees en the lets along the AeFth side ef site shallbel+mited—te ene—steFyaS well as all—eeFnerlets. Heuses al^^^ Stat se impaets as peF GeneFal Plan guidelines. 9. In the event this project, SUB 7679 and Development Plan 3005-92, is restricted by declaration of covenants,conditions and restrictions (CC & Rs), they must be received prior to approval of the Community Development Department, meet applicable regulations of the California State Real Estate Commission. and ffevide feF an weuld be FeqUiFed to depesit with said eeFA Fnittee funds to be used fOF eAfeFeement „f the rr D. Rs) 10. 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 Community Development Department and its agents, officers, and employees . from any claim, action or proceeding against the agency (the County) or 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 time period provided for in Section 66499.37. The County will promptly notify the subdivider of any such claim, action, or proceedings and cooperate fully in the defense. *1 1 . Guide for development and use provisions for this site shall be as follows: *A. Setback of residential units located along the northerly property line shall be varied between -29 A$ and -Z5 p feet. All garages shall have a setback of at least�$ feet pro irked ver 1.6", �arar� doo{s are t�seci. Fro tyard setbacks ..... ... may be reduced to 15 feet for covered porches. Sideyard minimum shall be 40 5 feet with an aggregate sideyard of 2-8.15 feet. Rearyard minimum ;fi r ... n f Itis -2G., feet. f^• ��� �'^^^^n. The R-a 9:fi zoning district shall be used 5 as a guide for the height, or lot coverage of the site as well as the location of any detached sheds or outbuildings. A this . Fea This fact shall be eF ded 6A the .dbe da of .. with eeFneF T *B. Setback of residential units not located along the northerly property line area shall be varied between 15 and 20 feet. All garages shall have a setback of at least feet. Frontyard setbacks may be reduced to 15 feet for covered porches. Sideyard minimum shall be 5 feet with an aggregate sideyard of at least 15 feet. The R-6 zoning district shall be used as a guide for the height and/or lot coverage of the site as well as the location of any detached sheds or outbuildings. *C. 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. All garages within the area of the site shall have vertically opening garage doors. Residences located at the ...................................................... corners shall be single story S t ' pt s f b ^.,1., ,.h,1► +h„ .^..:,d^.,^^,. ............ .::::.:,::::::....::.......:....:...:. Houses along State Highway 4 shall dmlistata� D. At least 15 days prior to issuance of building permits in Phases 1 , 2, 3, and 4 a detailed plan showing the location of homes shall be submitted for the Zoning Administrator's review and approval. 12. A homeowners association shall be formed for the maintenance of the park and lake area, and the landscaping along the State Highway 4 frontage of the site and the landscaping along the westerly portion of the site, and the maintenance of Parcel B as needed unless a public agency assumes responsibility for maintenance. - r 13. At least 30 days prior to filing the Final Map, proposed street names (public and private)shall be submitted for the review by the Community Development Department, Graphic Section (Phone 646-2029). Alternate street names should be submitted. The final map cannot be certified by the Community Development Department without the approval of street names. 14. Should archaeological materials be uncovered during grading,trenching or other on-site excavation(s), earthwork within-30 yards-of-these materials shall be-stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. 6 *15. Prior to recording the final map for this development, will serve letters from the Byron Elementary School District and the Liberty Union High School District shall be submitted to the Zoning Administrator. *16. The applicant shall show proof that water and sewage services are available prior to recording the map. Sewage service and water service shall be provided by Sanitation District #19A. Prior to recording a final map for this development, will serve letters from the Sanitation/Water District shall be submitted. *17. 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 this subdivision action. The tax shall be $200 per parcel annually (with appropriate future Consumer Price Index (CPI) adjustment). The election to provide for the tax must be completed prior to the filing of the Parcel Map. The property owner shall be responsible for paying the cost of holding the election. The fee for election costs will be due at the time that the election is requested by the owner. 18. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the applicant shall record the following notice: "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. *19. The following statement shall be recorded at the County Recorder's Office for each parcel to notify future owners of the parcels that they own property in an agricultural area: "This document shall serve as notification that you have purchased land in an agricultural area where you may regularly find farm equipment using local roads; farm equipment causing dust; crop dusting and spraying occurring regularly; burning associated with agricultural activities;noise associated with farm equipment and aerial crop dusting and certain animals and flies may exist on surrounding properties. This statement is, again, notification that this is part of the agricultural way of life in the open space areas of Contra Costa County and you should be fully aware of this at the time of purchase." 7 *20. Comply with the following construction, noise, dust and litter control requirements: A. Noise generating construction activities, including such things as power generators, shall be limited to the hours of 8:00 A.M. to 5:00 P.M., 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 and to the Discovery Bay Homeowners Association and Discovery Bay Municipal Advisory Council 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 authority to indicate and implement corrective action in their area of responsibility. The names of the individual responsible for noise and litter control shall be expressly identified in the notice. The notice shall be reissued with each phase of major grading 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 allowedrto resume until, if necessary, an appropriate construction bond has been posted. E. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. Prior to issuance of building permits, the proposed roads serving this development shall be constructed to provide access to each lot. This shall include provision for an on-site area in which to park earth moving equipment. 8 *21. At least 45 days prior to recording a Final Map, issuance of a grading permit, or installation of improvements or utilities, submit 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. *22. The report required above shall include evaluation of the potential for liquefaction and seismic settlement. *23. 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. *24. At least 30 days prior to issuance of permits to grade and create the lake 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 c and reduced possible liquefaction of this area. n 7 6.At least 30 days PFieF to FeeerdIHg the-paFeelFnap feF Phase 1-of-this site, SM;t-a expeFtS. The Feppeft shall hew-the lake shall be FnaiAtained and shall give an estimate of the annual Ataen a lake and the eest te the Fesedenees we this ,.-vubdoyierMR. 25. Prior to the issuance of building permits, the applicant shall submit a detailed TSM Plan for review and approval by the Zoning Administrator (unless otherwise required by a TSM Ordinance). The approved TSM Plan shall be operative prior to final inspection by the Building Inspection Department. *26. Provision of a Child Care Facility or program is required for this development. The program shall be submitted for the review and approval of the Zoning Administrator prior to the filing of the Final Map. If-possible, it is encouraged that a child care center be developed on this site. 27. Prior to recording the final map for phases on this site, confirmation shall be received from the Byron-Bethany Irrigation District that any facilities they have on the site have been properly moved 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. 9 *28. Suitable bus stop(s) shall be developed on the site subject to review anti approval of the local transit agency. The bus stop, if developed, shall consist.of a covered bench. or other suitable structures subject to the transit agency review and approval, and the Zoning Administrator's review and approval. If the local transit agency does not wish a bus stops in this area, this requirement can be deleted subject to receiving written confirmation from the local transit agency. 29. The household of each existing residence,renting or living in the residences at the time of development, if not electing to purchase a unit when offered for sale, shall be provided with moving expense allowances equal to 150% of one month's rent for that unit and shall be provided with 60 days notice of the actual moving date. *30. Prior to issuance of building permit for the commercial center, Phase 5, the applicant shall provide plans to the County Sheriff's Department for their review and for suggestions of any changes to the design that could be made for defensive crime prevention. If an agreement cannot be reached, then that matter can be brought back to the Zoning Administrator for decision. 31 . Any hazardous chemical stored on the site shall be properly removed and disposed of under County Health Services Department regulations. Any existing water wells on the site shall be properly capped under County Health Services Department regulations. Prior to recording the final map for any phase of this site, the applicant shall have the site inspected by a competent Hazardous Waste Materials Expert, who shall submit a report to the County Health Services Department and the Zoning Administrator for review and approval attesting to the removal of any hazardous waste materials on the site or lack of any located in that area of the site. This review shall take place prior to any grading within the area of the site to be developed. *32. 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 County area. *33. Prior to construction on any phases on this site, submit a construction period circulation plan subject to the review•and approval of the Public Works Department and the Zoning Administrator. This plan shall be implemented prior to major construction on the site. This may include providing acceleration/deceleration lanes on Highway 4 for trucks and to provide for off-street parking for construction workers either on the site or in some nearby area agreeable to the Public Works Department and Zoning Administrator. *34. 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 owners shall be informed by deed ►�e jtl'sclaure>satm of the potential for future requirements for levees .... .:..::.........::::::::.....::..::..::.:::.:... 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. 10 *35. Prior to final map approval or issuance of a grading permit for any development on this site, an August site survey shall be completed to look specifically for the San Joaquin Saltbush. If this sensitive plant species is found to exist on the site, a redesign of the project to protect this location or other Department of Fish & Game approved mitigation measures will be necessary. This report shall be submitted for the Zoning Administrator's review after review by the Department of Fish & Game. Approved mitigation measures carried out prior to any grading on the site. *36. At least 30 days prior to any anticipated development activity on the site, the site shall be evaluated by the California Department of Fish & Game, Environmental Services Division, and the U.S. Fish & Wildlife Service, Endangered Species Division, to determine the site's suitability as Kit Fox habitat. If required by the California Department of Fish & Game, a survey of the site including: (1) night spotlighting, (2) line transits, (3) sense stations, and (4) photo stations should be undertaken prior to any project development for recording of final maps. This survey should be completed in compliance with the approved survey methodology adopted by the California Department of Fish & Game. If the Kit Fox is found to utilize the site or its immediate vicinity, the applicant shall be required to secure the preservation of the site with similar habitat (three times the size of the identified habitat area) located within the identified range of the Kit Fox, at a location subject to the review and approval of the Department of Fish & Game and U.S. Fish & Wildlife Service. This report attesting to this measure being carried out shall be submitted to the Zoning Administrator for review and approval at least 30 days prior to anticipated development on the site. *37. Prior to Final Map approval for any phase of this development and/or site grading, the applicant shall submit a written determination that the project is not subject to Department of Fish & Game jurisdiction and that the project has complied with the applicable agency procedures and requirements. The applicant shall also determine that the project is not subject to U.S. Army Corps of Engineers jurisdiction. Reports attesting to the compliance with the condition shall be submitted to the Zoning Administrator for review and approval. 38. 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. Q *39. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: *A. In accordance with Section 82=2.006 of the County Ordinance Code, this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 9). . Any exceptions therefrom must bespecifically listed in this conditional approval statement. Conformance with the Ordinance includes the following requirements: 1) Constructing road improvements along the frontage of Bixler Road. 11 i Constructing curb, six-foot sidewalk (width measured from curb face), necessary longitudinal and transverse drainage,pavement widening,left- turn lanes for each project access and a -half-width- median island (including surface treatment, landscaping, and irrigation) will satisfy this requirement. In lieu of actual construction of the half-width median island, the applicant may be allowed to make a cash deposit for the construction of the median island, subject to the approval of the Public Works Department. Proposed bus shelters shall be clear of the sidewalk area. The face of the curb shall be 40 feet from the centerline of the road. ' 2) Constructing road improvements along the frontage of Highway 4. .......................... Constructing curb, six feet FneandeFiRg jl =fq? sidewalk, necessary longitudinal and transverse drainage, necessary pavement widening to accommodate two eastbound lanes, two westbound lanes and an additional acceleration/deceleration lane for right turn ingress and egress from the commercial center along the frontage will satisfy this require- ment lddwsf ha 1 be placed a ntnim ;..Q#.;fs ur feeC front t# e face •::::.::::.�:::::...�::.:ii;:v:.;v;.?:}Yi:::::::Y:ii::.:�::::iii 4i::i ii.... ........... .::::::::::::!:.:}iiii:iiiii:i::ii ii?S:^ii}}}ii;:.i'4;vF......................................... tbr.> ,.i:;d<::a .i:.::e t k.i:.;::;4;i:eft.;::i:<.>4m:i .is# r v ays,: Proposed bus ... . shelters shall be clear of the sidewalk area. The face of the curb shall ......................................................... be 45 feet from the ultimate centerline of the roadlcpt i ; <rrty .:..:. .....beeztfl . .. ...... . .......n.....#th .frortage ....... The State Highway 4 transition to the east of Bixler Road shall include a right turn lane from Highway 4 to Bixler Road. If State Highway 4 were widened equally on both sides of the existing roadway centerline, the improvements would encroach into Kellogg Creek. Page 20 of the EIR Summary recommends that the project require all necessary right of way widening to occur on the project side of State Highway 4 in order to avoid impacts to Kellogg Creek channel. State Highway 4 is proposed to have a 126-foot right of way and Kellogg Creek is proposed to have greater than a 100-foot ultimate right of way width. In the area of conflict between the proposed 126-foot right of way and Kellogg Creek, all widening of the Highway 4 right of way shall occur on the project side of Highway 4 to avoid impacts on Kellogg Creek. 3) Installing street lights on Bixler Road, Highway 4 and the internal subdivision streets and annexing the property to County Service Area L- 100 for maintenance of the street lights. The final number and location of the lights shall be determined by the Public Works Department, Engineering Services Division. 12 4) Undergrounding of alr utility distribution facilities, including tie art existing distribution facilities aloe the Highway 4 and Bixler Road 9. 9 . frontages fir' ' klb:erR:c ,.:r` :< .................. *5) Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate public storm drainage facility which conveys the storm waters to a natural watercourse. Designing and constructing storm drainage facilities required by the Ordinance in compliance with specifications outlined in Division 914 of the Ordinance and in compliance with design standards of the Public Works Department. That portion of Kellogg Creek which lies to the south of State Highway 4 is an inadequate man-made drainage facility. If the applicant discharges concentrated storm waters there, the applicant shall be required by Division 914 of the Ordinance Code to prove the adequacy of the facility from the point of discharge to the natural watercourse, or to improve the capacity of the downstream facility if necessary. The tentative map indicates a plan to discharge concentrated storm waters to Kellogg Creek via an existing open drainage ditch near the northeast corner of the property. Kellogg Creek is an adequate point of discharge in that vicinity. However, because the drainage ditch is a man-made facility and not a natural watercourse, the applicant will be required to obtain a public storm drainage easement from the underlying property owner to the east prior to discharging run-off into the ditch. If, after good faith negotiations, the applicant is unable to acquire necessary rights of way and easements, he shall enter into an agree- ment with the county to acquire the necessary interests in accordance with Sections 66462 and 66462.5 of the Subdivision Map Act. If the ditch conveying storm drainage from this property also conveys irrigation district water, then the hydraulic analysis for the ditch must consider the joint use during the wet weather months from October 15 to April 15. The applicant would also be required to obtain a drainage release from the Byron-Bethany Irrigation District (BBID) prior to filing of the Final Map, for those portions of the downstream drainage ditch which are held by BBID in fee title. ......;.:.... k :rri..:Y.:::;: ..::;::.::...: >:::::<:>:.;:.:::;::;:::.::s a detention.bash.... riled that it $ JeS�gr € ar3d.`c:%r~st octad« acc r ar ..wr h h '% y `[3i?fi r}t f n Baste Pol;c ", sbjeet to the review and approval of the Pub>�c Warks ... ... . ;<>, .Ra>t<:,<:::;;<:«t;.::....... :.:e>:; ::....Q; :e:.;;::.; .S..:1:a::;::: fir} 13 6) Submitting improvement plans prepared by a registered civil engineer, payment of review and inspection fees, and security;for all improve- ments required by the Ordinance code or the conditions. -Of approval for this subdivision. These plans shall include any necessary traffic signage and.striping plans for review by the County Public Works Department, Road Engineering Division. 7) Submitting a Final Map prepared by a registered civil engineer_ or licensed land surveyor. B. This project shall comply with the provisions of the Albers Ggneral Plart Amendment and Related Actions Environmental Impact Report., L;onformance with the EIR includes the following requirements: *1) Contribute this project's "fair share" amount toward area-wide improve- ments, such as: a) The installation of traffic signals and intersection improvements at the Highway 4 intersections with Byron Highway, Balfour Road, and Marsh Creek Road. b) Widening and upgrading Highway 4 to six-lane arterial standards between Marsh Creek Road and Bixler Road. c) Widening Highway 4 to four lanes north of Marsh Creek Road and east of Bixler Road. *d) Widening and upgrading Bixler Road to five lanes between Highway 4 and Marsh Creek Road. In lieu of the above, this project's fair share contribution to the area- wide road system shall consist of construction of the recommended Highway 4 improvements along the frontage with adequate transitions and signalizing of the,.Highway 4 intersection with Bixler Road, subject to partial reimbursement from future impacting developments. In addition, prior to filing the Final Map for Phase 4, a "fair share" contribution toward the signalization of the Highway 4/Marsh Creek Road intersection in the amount of 8% of the signalization costs shall be required. *2) Provide for bus pull-outs and covered bus shelters at locations desig- .............. nated by the Tri-VaUey 3 1 Transit Authority, subject to the review of the Public Works) a i' ery and CALTRANS,and subject to the review and approval of the Zoning Administrator. 14 *3) Revise the tentative map to provide pedestrian and bicycle access to Highway 4 from all of the courts proposed along Highway 4. Provide _ bicycle and pedestrian accesses from F Street to the commercial center, and from the Phase 2 court to the retail center. Openings in the proposed soundwalls shall be designed to allow pedestrian and bicycle access but minimize noise intrusion. Full width sidewalk shall be required adjacent to the bus shelters. 4) Provide 'f e n dd iortal. pafk ng.spaced o�rer.t#�ss : re u red ft :t# e t :ikr tc prpvid� a park-and-ride lour St ,.Hfltiry fii3ie €<RQa cl>jnerseto ` ....... ......... ..... subject to the review of CALTRANS and the Public Works Department, and subject to the review and approval of the Zoning Administrator. PFoyi de adequate padEing fee the a .Y,bine.d use of the pa F!( and Fide lot and the fetam! eenteF. 5) Install traffic signals at the Highway 4 intersections with Bixler Road and "T" Parkway. Install a traffic signal inter-connection between the two traffic signals and the intersection improvements at the Discovery Bay Boulevard-State Highway 4 intersection, subject to the review and approval of the Public Works Department and CALTRANS. *6) Construct left-turn acceleration lanes on northbound Bixler Road at the commercial site accesses,and construct right-turn deceleration lanes on southbound Bixler Road at the approaches to the commercial site accesses. *7) Provide for adequate truck turning movements at the service road driveway connections for the proposed commercial area. *C. Convey to the County, by Offer of Dedication, additional right of way on State Highway 4 as required for the planned future width of 126 feet. In the area of conflict between the proposed 126-foot right of way and Kellogg Creek, all widening of the Highway 4'right of way shall occur on the project side of Highway 4 to avoid impacts on Kellogg Creek. The Fight of way width shall se b six feet in the vieinity of the Fight_tb ell atLende el 8ti t..nes unless r n I TR n NS .,IL,..... a duee d Fight of way width. If this portion of Highway 4 is added to the Area of Benefit project list, then credit may be provided for the additional right-of-way needed which is greater than an equal right-of-way divided north and south of the centerline of Highway 4. The total right-of-way needs shall include the right-of-way for Highway 4 and the right- of-way for Kellogg Creek. Any credit shall be based upon the-value of land at the time of the filing of the Final Map for Phase 1 . *D. Convey to the County, by Offer of Dedication, additional right of way on Bixler Road as required for the planned future width of 100 feet. 15 E. Provide for adequate corner sight distance based on a design speed of 55 miles per hour at the project .entrances on Bixler Road, 65 miles per hour at the project entrances on Highway-4-and-25 'miles pr hour 8t-all internal intersec- tions in accordance with CALTRANS standards. F. Relinquish abutter's rights of access along Highway 4 and Bixler Road, including curb returns. Access openings will be allowed as shown on the vesting tentative map as modified by these conditions of approval. G. Construct the on-site road system to County public road standards and convey to the County, by Offer of Dedication, the corresponding right of way. ........... .... :.:5^;i':::%:.:.::.::::::;'>::>:'.:: ;.;::.:::'::%:::::::;':.;:;:.:r::::;•'::;-;;:..:.:<:::..:;:.:;:>::::;:':.;:.:;::;::>:::.:;:>:.;::ss:::;:;:;:;::::'. : _ ;;<SS;S<:'::;:i:: ra :: 1�. ::>::::: ::::>::;:t> I'':>: :}l: >: 1::::. fl:> > .:. :::: >:F l:r'}1:IAf: ::< ::<fr: ..tl. d. :.C:.: .: .#..:: # .:: .:_ .:ci::.: ::5, .:t4.::::. : ::::: y.: :::.: rtt::th. W,M-rl�j or isrf.;::.: icr ... gram H g w y u.:..: .;:.;; ......q s sal...I:::::b :::: vsrru. d> .. ...... .. :: t ,r�.:: ::: ::>oc :>: a ht>:: fi:;:: r , faur'<font:>::st�€:;nch::srdewa k: w dt€ :ane s r; d:fxi rn:curb fece al F. ,xx t# e p • :.::::: ::::::ag.;:::;:e::.::asf:side .............:.:::::.::. ac. ad a ::� d t1 > . rSS ........ ....... t xj e. nterse ti:©n.: e:::: I:::::C �rt ac essand HIg .y:A::::!;1#.Ieft Mr.0, .; :; LfC)l:::lsFl :.>? G.:.:s.; it.. 7. {,.Vrs7:r::W . appr...Qva..of...............> >�I��#filgt l�aparfirrier��. the i svn theFe, the-Fead shall be-44feet wide(eUFb to with=,eU. fOOt-, six *neh - -- - -- --- ---_---•-- ftem vu,v c+va...7 u.vr=ry the east side ef the Read, within a 64 feet Fight of way . and egFess nl the read shall be 40 feet wide (e , h to b) with fet feet, neh sidewalk (wmdth FneaSUFedfr m e . h fa ) aleng the 16 egfess enly, subje6t tethO'.'0•iew and appre4aI of GALTRANS. T ie Teal shall be 40 feet wide--(eUFb te eUFb) With feUF feet, six ineli within a 60 feet Fight ef way Width. If the StFeet us leaded, all hem fFentiRg this StFeet shall be fWfflished with side �ntFy gaFages, with baek+ng eto the-publie StFeet- ::::::::::::.:.....: ...; :: .r >l oun >: a>:.. ::>:<. l' >€€€€€ €€lr4ristttct.;>:<;5:.;:..St. . . .. ... I .ctor..r..oarf:<standards:::frorr:::<,::<T;::;::P. : .. ::.::::..::: arkwa:;:t4 ::0 atr et:=<::I1 a.k► rl s Sh 1l#r>±snl the <f grfion #;'S" fee., the ..snfl,." " :;.:..::.::. .;:;: .:... rt tnay.6e real�gnad to the° o><t 'an the vfcrnity t�f.the proased lake: J. An encroachment permit for construction within the State right of way shall be obtained from CALTRANS through the Public Works Department, Engineering Services Division. K. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. *L. The property lies within the 60db noise level portion of the Noise Contour Map. The applicant shall submit an acoustical analysis prepared by a qualified expert and based on ultimate road widening and ultimate development of the area,and mitigate impacts subject to the review and approval of the Zoning Adminis- trator. *M-. Coordinate through the Public Works Department, Engineering Services Division, the design of the Bixler Road accesses with those of the Byron 78 project to the east. *N. Physically restrict the access at the mid-point of the commercial center along Highway 4 to right turn ingress and egress only, subject to the review of the Public Works Department, Engineering Services Division, and review and approval of CALTRANS. *0. The applicant shall contribute $1,726 per single family unit and $1.55 per square foot of gross floor area for commercial and office developments to the Improvement Fee Trust (Fund No. 819200-0800) designated for the Delta Expressway, to be consistent with the Oakley Area of Benefit, if building permits are issued prior to adoption of a new Delta Expressway fee ordinance. If the proposed Delta Expressway fee ordinance is adopted prior to issuance-of building permits, the applicant shall instead be responsible for payment of the adopted fee. 17 P. Provide at least a 17.5 foot structure setback from the garage to the front property line, and provide a vertical rise garage door with an automatic garage door opener. Q. Provide adequate on-site parking facilities for construction workers so they will not park on State Highway 4 or Bixler Road. Construction vehicle and worker traffic shall access the site via Bixler Road, not State Highway 4. R. Furnish proof to the Public Works Department, Engineering Services Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. If, after good faith negotiations, the applicant is unable to acquire necessary rights of way and easements, he shall enter into an agreement with the County to complete the necessary improvements at such time as the County acquires the necessary interests in accordance with Section 66462 and 66462.5 of the Subdivision Map At. S. Apply to the Public Works Department for annexation to the County Landscap- ing District AD 1979-3 (LL-2) for the future maintenance of landscaping and irrigation facilities in median islands along Bixler Road, parkways along Highway 4 and Bixler Road, and other areas ("open space" is specifically excluded). Submit landscaping plans to the Public Works Department and pay the plan review and field inspection fees. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their mainte- nance by the County after final inspection is cleared. Landscaping plans shall be reviewed and approved prior to filing of the Final Map. Subject to the approval of the Public Works Department, if the median improvements cannot be constructed at the intended time, the applicant shall contribute the estimated cost of the work to a Road Improvement.Fee Trust (Fund No. 819200-0800) dosignated for road improvements to Bixler Road. T. Implement measures to guarantee a stable lake level and to provide adequate water quality in the lake system. Maintenance, future improvements and water quality in the lake system shall be specifically addressed in the covenants, ............................ conditions and restrictions (CC & Rs). Maintenance shall included<� t�l #�e a0 1`6'x limiting the growth or removal of algae and.-water hyacinths. The applicant shall submit a lake management plan to the Public Works Department, Engineering-Services Division, for review and to the Community Development Department for review and approval prior to the filing of the Final Map for the phase which includes the lake. r, tt riaav8.: :,: ,r+�ra, lnry c rr pe er f:U,0.l:agist usrl Vinay r q tro ar ditianal e s v day.#vr.tho:;r v ew, v ! 18 U. The applicant shall be required to contribute a drainage fee-to the County Drainage Fee Trust (Fund No. 812100-0800) designated for improvements in the Kellogg Creek watershed as follows: Prior to the filing of the Final Map for Phase I of the project, the applicant shall make an initial contribution of $25,000 toward the drainage fee. The Flood Control District will use this contribution to implement a drainage plan for the Kellogg Creek Watershed and to establish fees to fund the necessary drainage improvements under the plan. When the drainage area is formed, and the fee is established, the applicant will be required to pay the drainage fee for all phases of the project for which a Final Map has not been filed. If a Final Map is filed prior to adoption of the drainage fee then no fee will be paid with that map. Regardless of the amount of the adopted drainage fee, the drainage fee obligation for this project shall not exceed $0.35 per square foot of impervious surface. The applicant may request to perform all or a portion of the following specific work and receive credit against the drainage fee: * Develop a Kellogg Creek Watershed Master Plan of regional drainage improvements along with a fee ordinance subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. * Prepare an environmental impact report for the proposed watershed regional improvements. * Construct specific regional improvements in the Kellogg Creek water- shed shown on the adopted drainage plan, to help mitigate the drainage impact and flooding of property to the west. Any of the above work which the applicant requests to perform shall be subject to the review and approval of the Pubic Works Department, Engineering Services Division, and shall be performed in accordance with the credit/- reimbursement policies of the Flood Control District. Work done to meet the collect and convey requirements of the Ordinance code, which conforms to the adopted drainage area plan, can be creditable toward the applicant's drainage area fee obligation. The credit shall be calculated against the potential fee liability for the entire project, and not just those phases that are filed after the fee is adopted. The theoretical fee for the phases that were approved prior to the adoption of the drainage fee shall be calculated and- subtracted from the creditable amount. The balance shall be the amount eligible for credit against the fee obligation for any future phases. For example, if the fee is adopted for Phase 3 then the fee due for Phase 3 shall be the lessor amount of the following: 19 1) The calculated fee for the lots in Phase 3 minus the cost of creditable work performed (including the $25,000 contribution with Phase 1) plus the theoretical fee for Ph' se 1 =and 2: 2) The calculated fee for the lots in Phase 3. V. Grant to the adjacent property owners a public access easement over the strip of land between the northerly line of this property and Marsh Creek Road.+# his f� n a)ternatrue,the s€rrp �f lant# carp b tt :7 <:'F ::Irri. bit::'C?.Stri� �s7:ttt�.::rte` h�Qri� » s�J orf:::;>..��nr:ner... W. The Public Works Department, Engineering Services Division, will recommend that the property owner of the property at the northeast corner of Bixler Road ............................. at State Highway 4BrQ be conditioned to reimburse the applicant for Subdivision 7679 for any of the road improvements which Subdivision 7679 constructs along that side of the ultimate centerline of that property along the frontage of State Highway 4 and Bixler Road. The property owner of the property at the northeast corner of Bixler Road and State Highway shall also be required to reimburse the person or entity that installs the Bixler Road-State Highway 4 traffic signal for 25% of the cost of installation of the traffic signal. Subdivision 7679 shall be required to reimburse the owner of the property at the northeast corner of Bixler Road and State Highway 4 for any of the road improvements which Byron 78 constructs along the Albers side of the ultimate road centerline along State Highway 4 and Bixler Road. Subdivision 7679 shall also be required to reimburse the person or entity which installs the Bixler Road- State Highway 4 traffic signal for 25% of the cost of installation of the traffic signal. The Public Works Department, Engineering Services Division, will recommend that the proposed Discovery Bay West project, located north of this property, be required to reimburse the person or entity that installs the Bixler Road-State Highway 4 traffic signal for all or a portion of the remaining 50% of the cost of installation of the traffic signal. The estimated cost of the work to be reimbursed shall be based on at least 3 independent bids for the work subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. Prior to filing the map for Phases 1 and 2, the applicant shall enter into a reimbursement agreement for the work described above. If an area of benefit for road improvements is formed which includes installation of the traffic signal at State Highway 4 at Bixler Road, and if the area of benefit installs the traffic signal, the applicant for this development will only be obligated for 25% of the cost of that traffic signal. 20 - At least $1 ,000 or 1 %, whichever is greater, of the amount to be reimbursed for each reimbursement agreement shall be paid to the Countyof Contra Costa Public Works Department, Engineering Services Division, for administration costs. X. PHASING OF SUBDIVISION 7679 IMPROVEMENTS: At the request of the applicant, Phase 4, at the northwest corner of the property, has been changed to Phase 3; Phase 3, at the southwest corner of the property, has been changed to Phase 4; and "T" Parkway shall be constructed with Phase 3 instead of Phase 5. Phase 1 ar`ti'u. ; Vf} u is ttocpss off t�f �ixler Ftfla shall be required to construct full frontage improvements along Bixler Road. Phase 1 will not be required to construct State Highway 4 improvements except for the westbound State Highway 4 right turn lane into Bixler Road and adequate transitions. '`#e ..:................................................ ... ..... :.. ..:.::. ::.:::.......:.: 0. .O.M. l nt:< .: .:: .:.: :::: .:. : w. :: ::.::::::::::::::::.::: .::.:::::::................ .::.:::::::::.::: :::::::::::::::.:::::::::::::.:::::.. :: : ::::.:::::.:.. ::::::::::::3::::.:::. end.:s it r it€ed: fl.tt e'Public Wa 1cs epartment an I CALT1;iA #5 fir_rev . '. spptpv. l wit Phase 1 These::tti�provernertt ps shat i(tclude the si na(... .'� :: Xx F arku►ra.'::end:a :8i [ r<Roads <The: mpr vement< fans for.all the rm :rauerr tints ati`> I Fsv45» Il : pp :ed.l<SY::CAL 'RAI�S.pr�Qr.tK� iSSuinh8. uti.lri... :; . ..:..... . .:. errn t' o ;trig 9.ath tnit"'"Improvements to Bixler Road shall be b�t�ded°:tiivit r nh �� �: l l< completed prior to film e-r a -fe,—,�„�� r`:`s`i :F1.6 b:iaitd; g:err. t:;:;fir n'lt;> Piz Thi frhase that.canta�ns the s .ruc .. t an aoce$s:: c .. :..... Hu±r : shall be required to construct full frontage improvements along State Highway 4. In addition, the traffic signal along State Highway at "T" Parkway shall be required with Phase 2h:sph;ase. If the traffic signal cannot be installed with Phase 2 hJ§ hase because of CALTRANS requirements, then :::...............: it shall be re-analyzed with each subsequent phase and constructed when required. If the traffic signal cannot be installed with mase-5 t e:4-s , hase...' ::.:....... :.....::........... hei' the applicant shall be required to contribute an equivalent cash deposit of s.h... :: �..�thss%gnaa't to a County Road Improvement Fee Trust (Fund No. 819200-0800) designated for future construction of these improvements prior for Phase Fina Ma o �-T <:<.:�:::>:<;;;::: to filing the phQ.:last:.:p ase...:The.::rr�provents.;;Co :.::::.:::.:.. ..; T':1.'i.I.l. lfl. :: :;$F .15,.::. hail::b�2.::#�Onded::wttit::t# frl,r..t .;C f::fh �l:< irt t to rts<::the::: .4t1 '€i' it:>arid:: hal(::::: a:: d '.... >:>: :.., n..:..:1b.:.:nrn lete...::: :r�or.. .:iswn .:Chi. fief. ' ;:i�ifirf)t :4 '' t' The tFaff e signal_a+�Stat.iH wiry 4and BiAeF Read shall be stalled with Phase 6. F,t --Hewevehe need feFtrhe signal shall be analyzed with eaehcrrprhase- .,.d installed when .. a ffante d with a .,ftp,. Phase 2 of +h:.. .d..... lepment. !.y� 6 • ... ....:.:::: ;t..C: gnal.at.. tatel•4lghway4;and 8i cisr:Road s a4i analyzed :. �fter.Pttase �R T�e �g:cial sl3al;l be installed when directed.,by.tha Puf3l�c�fariCs ... . .:...... :. ��p�rtrx>� �si�tl.:�l(gw�� by CAtTRA�� If the traffic signal cannot be installed, 21 _ then its future installation shall be assured with the applicant contributing a cash deposit 2 :: :::::; r€_::#jp::: � r ..v..: t:;::: c1 to a County Road Improvement Trust (Fund No.--8-19200-0800) 'prior to filing the-Final Map-for Phase ;a of this development. ADVISORY NOTES A. The project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 90-118) as they pertain to future construction of any structures on the property. B. This project may be subject to the requirements of the Department of Fish & Game. It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Sox 47,Yountville, California 94599,of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. C. This project may also be subject to the requirements of the Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required and if it can be obtained. D. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance she Cast Geunty AFea of Bene ` aWt5}'as adopted by the Board of Supervisors. E. The applicant shall be required to comply with all rules, regulations, procedures of the National Pollutant Discharge Elimination System (FM) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay-Region II or Central Valley-Region V). *F. Comply with the requirements of the Sanitary District #19. *G. Comply with the requirements of the East Diablo Fire Protection District. H. Comply with the requirements of the Health Services Department, Environmental Health Division. *I. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. _ J. The applicant will be required to pay an environmental review fee of $850.00 for the Department of Fish and Game at the end of the appeal period. Failure to do so will result in fines. In addition, the approval is not final or vested until the fee is paid. A check for this fee shall be submitted to Contra Costa County for submittal with the final environmental documents. 22 K. The applicant is advised that the tax for the police services district is currently set by the Board of Supervisors at $200 per parcel annually (with appropriate future Consumer Price Index [CPI-) adjustments): The-annual fee is subject to modification by - - the Board of Supervisors in the future. The current fee for holding 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. AB/aa SUBX/7679C.AB 2/2/93 2/23/93 :,.:- � � u • of r... }t �.�lF,-{{jr`;::tax, s'�_,-• .�' ����v 4.�• -F -�; A�i � - �fL��_`J-.L"f,•"i�"i`-Jot lip •n`t is,``>-.....c.., • •"',..�-.1-`,J <.. s "Gly'^- ,.`� �., �' e` �•:.• -SOME: ` i:.�;��� Ste. 4. `• f _'l ;., � ` 4L•T• RI•G�cCtt• -�ir''�y. >i r nr S • M1 � 1� ,.+ >�� - _mow `^••tet ^ `,;t,, r� y;�" �: , ,�� _ ,.. rS 7 ,t. lel •��:=:�►�'3:ii�•.1 �. ..���t w.�I� -jSH '/. �f[�-!,�T+. ;ice` �' � ���e -�'��■�E-n ,a t:l• t� -.i.v_..?[ .-: t��,t.4_ f1'-, �� a�� •wMl'i.tS�:i:IF .Jll % :1 r ON r� > • � IIII L.� gill?::. �.:. ■ ) etc; i wiRi'Ar•�•�+�•�1i�i1!air��!.F!aMi�:R`.*lrr•RiiM_ii"f�f.l�•wr•sa�14s'�►•.iii'!Si�r!il�Ns�"'�a<1r1_fi'/1V'�� E t a { >s 1 1, it .► .� {� } + I ! ii � ► t i � gyp+ �� �•+� • �' � � u � ti • .� 1 - ire, . U �► C? tw ♦ w _ i r r r b I FII 1 �a • .>.� +"f<y�.���r�7 � . %'•1 tlt \"moi: _ (•y•• iL�'•Fgdyll.w.�/:i+,}�p JS�y1 1'1• •" t :1 �• I � VC6 1 WEN r�. � p � Land Planning Consultants rNc. 239 MAIN STREET,SUITE E ■ PLEASANTON, CA 94566, ■ (510)846-7007 ■ FAX:(510)846-5374 October 30, 1992 ' Art Beresford "_\\ Community Development Department Contra Costa County. 651 Pine Strcet 4th Floor - North Wing Martinez, CA 94553-1229 Re: Albers Development Dear Mr. Beresford: In connection with the referenced development, we are providing our response on behalf of Liberty Union High School District. As you may recall, we responded to this development on January 22, 1992 (see attached letter). The information and conditions that existed at the time of writing the first letter remain in effect. However, the enrollment at Liberty High School is updated to reflect 1,894 students for the 92- 93 school year. Enrollment has increased by 85 students since last year. As mentioned, the school district continues to work on plans for the construction of their second high school in Oakley. The district plans to have the first phase of the school opened in 1995/96 with a capacity of 2,200 students. The school district continues to collect developer impact fees from new developments affecting the district. These fees, even though they're significant, fall short of the much needed funds. Recently, the county approved a General Plan Amendment which addressed mitigation for the impact of new residential development on school facilities. The amendment applies throughout the unincorporated area of the county. Serving Public Agencies _ ' J October 30, 1992 Mr. Art Beresford Page Two i Impact on the school district is a result of all new development occurring in the district,s boundary. Therefore, this development should be conditioned to'participate with all other developments in a funding program with the district to insure quality education for new high school students. Sincerely, Kimberly'W District Consultant cc: Phil White - Liberty Union High School District • Land Planning Consultants wc. 239 MAIN STREET,SUITE E ■ PLEASANTON, CA 94566, ■ (415)846-7007 ■ FAX:(415)846-5314 January 22, 1992 .Anthony Lee Wagstaff and Associates Parker Plaza 2550 Ninth Street, Suite 205 Berkeley, CA 94710 Re: Albers Development - Contra' Costa County Dear Mr. Lee: On behalf of the Liberty Union High School District we are responding to your letter dated December 23, 1991. This information is.provided in accordance with the Draft EIR that your firm is preparing on behalf of the referenced development. Liberty Union High School District has one high school, one continuation school and has recently purchased a site for their second high school. The high school district serves the City of Brentwood and its sphere of influence, a portion of the City of Antioch and its . sphere . of influence and the surrounding unincorporated communities of Oakley, Byron, Knightsen, Discovery Bay and .Bethel Island. The referenced project is under the Liberty Union High School District jurisdiction. The school district serves students in grades 9-12. The students generated by the Albers project would attend Liberty High School located in Brentwood. Liberty High has a current enrollment of 1,809 students. Due to the continued increase in enrollment each year, the district recently expanded the Liberty High campus to a capacity of 2,078 and purchased a second high school site which. is expected to open.in 1995. These measures were taken to remedy the immediate student impact from residential growth. The Albers project will- consist of approximately 292 single-family dwelling units. Based on the single-family-units and the- Student Generation Factor (0.19) , the table below illustrates the project"s impact to the existing high school. Student nroll Impact C_ ap. iD ff. Liberty High 1809 55 2078 214 Serving Public Agencies Anthony Lee Wagstaff and Associates January 22, 1992 Page 2 Based on the aforementioned analysis, it would seem the school district has the capacity to house the students from this project. However,, the true impact to the schools is a cumulative impact that includes other developments that will generate students prior to this development. .The school district collects Impact Fees imposed on developers from new construction. However, the high school district shares the fees with the elementary school districts making these fees insufficient. The District cannot depend on State Funding Programs or voter supported Bond Issues to generate the necessary funds, therefore, other measures are being taken to ensure adequate facilities. The Liberty Union High School District would -like to see all new developments conditioned to participate in a Mello-Roos district or similar type capital facilities program. Liberty Union is in the process of negotiating a mutual agreement with developers within the City of Brentwood. In conclusion, the school district's desire is to condition this development, within the .Liberty Union High School District, in such a way as to insure quality education and adequate school facilities. Sincerely, Kimberly Woo District Consultant . cc: Phil White - Liberty Union High School District EAST DIABLO FIRE PROTECTION DISTRICT 745 First Street Brentwood,California 94513 Buiwess Phone(510)634-3400 l November 3, 1992 C.7 N Contra Costa County n o Community Development Department o —' 651 Pine Street, North Wing - 4th Floor Martinez, CA 94553-0095 ATTN: Art Beresford r o SUBJECT: Subdivision 7679 Albers Property Byron, CA Dear Mr. Beresford: We have reviewed the tentative map and development plan application, dated April 29, 1992, for the subject project. The.application is to allow the construction of 288 single-family residential units, 112,500.square feet of.retail commercial-space and 52,000 square feet of office development. This .project is subject..to fire andlife safety.requirements of the Uniform Fire-Code, as adopted by Contra Costa County Ordinance .89-69 and the applicable.provisions of the California State Fire Marshal's regulations. If this project is approved, we request that the following Uniform Fire Code and State Fire Marshal.requirements be included as.Conditions of Approval: SPECIFIC CONDITIONS: 1. The developer shall provide fire-retardant roofing for all dwelling units $roughout the development. Wood shingles, iffused, shall-be of the pressure treated type and shall meet the v!quirementy of a Class,"C` fire-retardant.-roof as defined if, LBC Standard 32.7. [10.501(b).UFC] The Fire District strongly recommends the use of fire-retardant roofing material for this project. The contribution of untreated wood shake roofs to the spread of fire is well documented. The use of fire-retardant roofing would greatly reduce the risk of a house fire spreading to adjacent homes. 2. The developer shall provide an adequate and reliable water supply for fire protection capable of delivering the following 1required fire flows: a. Retail Commercial Site: 4,000 gpm from not more than three (3) hydrants flowing simultaneously. CCCo. Comm. Dev. Dept. S216100.PD November 4,i 1992 - Page 2 b. Single-Family Residential Development: 2,000 gpm from not more thantwo (2) hydrants flowing simultaneously (1,500 gpm if fire-retardant roofing is used throughout the subdivision). All flows are to be available while maintaining 20 pounds residual pressure in the main. 110.503 UFC] 3. The developer shall provide fire hydrants of the Fast Bay type, as.specified by the Fire District. Location of hydrants will be determined by the Fire District upon submittal of two (2) copies of Improvement Plans. [10.402 UFC] 4. The developer shall provide an approved automatic fire sprinkler system for each building in the commercial centers which are designed and installed in accordance with NFPA Standard 13. [10.506(b) & (c) UFC] 5. The developer shall submit two (2) complete sets of plans and specifications of the commercial centers, including architectural and fire protection system plans, to the Fire District for review and approval prior to obtaining building permits for construction to insure compliance with minimum requirements related to fire and life safety. [2.202(b) UFC] STANDARD CONDITIONS: 6. The developer shall provide access roadways with all-weather driving surfaces of not less than 20 feet of unobstructed width, and not less than 13'-6" of vertical clearance, to within 150 feet of all portions of the exterior walls of every building. Access roads shall not exceed 16% grade, and shall.have a minimum outside turning radius of 45 feet, and must be.engi.*ieered.-to.suppbrt-the.impose loads.of fire apparatu4z w(30-tons maximum). [10:203 & 10.204 UFC] 7. . Access roads meeting the following requirements shall be provided prior to beginning any combustible construction: a. Access roads shall be those roads which.are shown-on improvement plans approved by the County Engineer. b. Surface shall be roadbase capable of supporting fire apparatus (20 tons). c. Curb and gutter shall be installed. d. Roads shall front the structure they provide access to. e. The roads shall be directly accessible from an approved public street. i CCCo. Comm. Dev. Dept. S216100.PD November 4, 1992 Page 3 _ 8. Fire, hydrants shall be installed, in service and capable of delivering the required fire flow prior to issuance of building permits for combustible construction. Water supply shall be provided via public water mains approved and accepted by the Fire District. [10.402 UFC] 9. The developer shall provide illuminated addressing located on each unit in such a manner as to be plainly visible and legible from the street or road fronting the property. [10.301 UFC] 10. The developer shall submit two (2) sets of Improvement Plans to the Fire District for review and comment prior to construction. [2.202(b) UFC] 11. The developer shall be required to contribute Fire Facility Fees to mitigate operational costs associated with increased service demands throughout the Fire District. Fire Facility.Fees are currently set at the rate of$365.00 per residential unit and$.23 per sq. ft. of commercial development. The developer shall pay all required Fire Facility Fees prior to the issuance of any building permit. 12. Where temporary open space is to be maintained for public or private use (Parcel A) the developer shall provide access into these areas from public ways. These access ways shall be a minimum 16-foot width to accommodate fire department equipment. All open spaces, when left in their natural state, shall meet the Fire District's weed abatement standards. [10.203(b) & 89.104 UFC] 13. The developer shall comply with all applicable requirements of the Uniform Fire Code and the adopted policies of the Riverview Fire Protection District. [1.103 UFC] These conditions are intended to ensure that the project will be in general compliance with applicable fire codes and regulations enforced by the East Diablo Fire Protection District. Review of subsequent plan submittals, required above, may result in additional requirements -Projects beginning construction more than one (1).year from approval may be subject to additional requirements. It is requested that a copy of the Conditions of Approval for this project be forwarded to our office when complied and adopted by your.agency. CCCo. Comm. Dev. Dept. S216100.PD November 4, 1992 ° Page 4 If you have any questions regarding this review, please contact the undersigned at(510) 757-1303 Ext. 23 between the hours of 8:00 - 9:00 a.m. and 4:00 - 5:00 p.m. (Monday through Friday). Sincerely, PAUL REIN_ Fire C ' f By: P. MCCARTH Fire Inspector PH:KPM:rh pc: S216100PD00 „{ .:;iss` MEDA L11SA MARIN Northwest Information Center :.:t: = �vra� ”?'� CONTRA COSTA MENOOCINO SAN MATEO California ;fc', partment of Anthropology DEL NOME MONTEREY SANTA �p•A;�.��`a , Archaeological HUMBOLDT NAPA SANTA CROZ noma State University ' %? LAKE SAN BENITO SOLANO Rohnert Park,California 94928 Inventory :ti 5,• SAN FRANCISCO SONOMA (707)664.2494 YOLO �] �+2 11 f4ovember 1992 File Ai � r 7 -- DEVELUVI EPS Art Beresford Contra Costa County Co unaity Development Department 651 Pine Street - Fourth Floor, North Wing Martinez, CA 94553-0095 re: 29837-RZ, DP 30U5-92, SUB 7679; Byron-Discovery Bay Area Dear Mr. Beresford: Records at this office of the California Archaeological Inventory were reviewed to ` determine if this project could adversely affect prehistoric or historic archaeological resources. This review did not take into account the possibility -of sites of architectural importance. ' However, the Office of Historic Preservation has determined that buildings and structures 45 years or older may be of historic value. Therefore, if the project area contains such properties they should be evaluated prior to cammencement of project activities. Please contact our office for a list of professional consultants. The proposed project area contains or is adjacent to the archaeological resource(s) ( ). A study is recommended. The proposed project area has the possibility of containing archaeological resources. A study is recoturended. Study # identified one or more archaeological or other cultural resources. The recon nendations from the report are attached. Study # identified no- archaeological resources. Further study for archaeological resources is not recommended. �X There is a low possibility of archaeological sites. Further study for archaeological resources is not recommended. Comments: In all cases, if archaeological resources are encountered during the project, work in the immediate-vicinity of the finds should be halted until a-aualified - - archaeologist has evaluated the situation. If you have any questions.please give us a call (707)• 664-2494. XSinc e a Jordan Assistant Coordi ator 3/92 Albers General Pian Amendment Draft EIR Contra Costa County VI. Altematives to the Proposed Action July 7. 1992 Page 250 C. MITIGATED PROJECT ALTERNATIVE ` 1. Principal Characteristics This alternative would include several project modifications intended to reduce the impacts associated with the proposed project to less than significant levels. These modkfications would Include the following: ■ the reduction of density (i.e.; increased.lot sizes) along th�q rojecri northem.border; ■ construction of single-loaded project roadways along Highway 4 and long the:project's western boundary; = ■ increased use of single story units on project edges and d4he end olstreets; ■ modifications In the project Internal circulation system to eliminate roadwajis-conducive to speeding; ■ redesign of cul-de-sacs to improve opportunities for onstreet parking; ■ relocation of the proposed park parcel; ■ revisions to the internal-circulation system of the proposed"shopping:-=nter to improve operation and safety; and ■ full improvement of Highway 4.(i.e.-,.widening to four lanes.4i,front of-the project):`. Such modifications to the project would require elimination of up4b 50 residential units;-for a revised project total of approximately 246 project units. 2. Mitigating Effects -Ya) land Use. This alternative would reduce land use compatibility Impacts between the project and adjaoent'rural residential uses to the north, agricultural uses to the west; and the adverse noise.environment created.by Highway 4 to the soW-L (b) Population. Housing, and Employment. -No mitigating effects:have been identified. (c) Visual Quality. This alternative would reduce the visual impacts of the project by providing better visual transitions in land use from the edges towards the center of the project, by increasing the setback from the property line to the fiat structures, and by 51410EIRI V1.514 Abers General Plan Amendment Draft EIR Contra Costa County VI. Alternatives to the Proposed Action July 7, 1992 Page 251 locating lower, single-story homes- on the edges of the project. These changes would also result in a reduction of the heigf t necessary for the proposed noise wall, which would further reduce the visual iinpact'of the project: (d) Transportation. This alternative would reduce overall traffic impacts by virtue of the associated reduction in the number of project units (see Table 36). This alternative would also reduce internal project safety Impacts within the residential and commercial portion of the project. The completion of full improvements to Highway 4 along the site's frontage would eliminate the funding shortfall associated with the proposed project. (e) Drainage and Water Quality. Drainage and water quality impacts related to runoff quantity, erosion, and non-point source pollutants would be slightly reduced by virtue of the lower total number of project units in this alternative. (f) Geology and Soils. Impacts related to seismic hazards and soil conditions would be slightly reduced by virtue of the lower total number of project units in this alternative. (g) Public Services. Impacts on schools, police and fire protection, sewer service, water service, parks and recreation, street maintenance, and child care services would be slightly reduced by virtue of the lower total number of project units in this alternative. (h) Vegetation and Wildlife. No mitigating effects identified. (i) Noise. The noise impacts on project homes located near Highway 4 would be significantly reduced through the incorporation of the proposed single-loaded project street along Highway 4, and the use of more single-story units along the highway edge. 3. Adverse Effects (a) Land Use. No significant additional adverse effects would occur. (b) Population, Housing, and Employment.. This altemative would slightly reduce the number of needed housing units provided by the project (c) Visual Quality. No significant additional adverse effects would occur. (d) Transportation. No significant additional adverse effects would occur. (e) Drainage and Water Quay. No significant additional adverse effects would occur. (f) Geology and Soils. No significant additional adverse effects would occur. (g) Public Services. No significant additional adverse effects would occur. 51410EIRI YL514 • Alters General Plan Amendment Draft EIR Contra Costa County VI. Alternatives to the Proposed Action July 7. 1992 Page 252 • 1 i (h) .Vegetation and Wildlife. No significant additional adverse effects would occur. Noise. No significant additional adverse effects would occur. Albers General Plan Amendment Draft EIR Contra Costa County VI. Alternatives to the Proposed Action July 7, 1992 Page 255 F. APPLICANT PROPOSED ALTERNATIVE 1. Principal Characteristics This.altemative would include several modifications to the project designmade by.the applicant In response to the EIR consultants preliminary review of the project. The alternative Is illustrated on Figure 25. Some of the modifications directly respond to Issues and mitigation needs raised In the preliminary review of the project, while others were originated by the applicant. These suggested modifications include:. ■ A four percent reduction In the total number of units from 296 to 284; ■ A 22-acre percent Increase in the land area proposed for retail from 12.0 to 12.30- acres, with a 2.5 percent reduction In proposed retail space from 112,420 to 109,500 . square feet. 5141DE1RIW.514 Albers General Plan Amendment Draft EIR Contra Costa County VI. Alternatives to the Proposed Action July 7, 1992 Page 256 ■ An enlargement of the proposed park site from 1.3 acres to x,5.2 acres, including a 3.5- acre lake. ■ Substantial revisions to the design of the internal street system (as shown on Figure 25), including changes to the primary project entrance (S Parkway on project plan), a revised design of L Court (G Street on the alternative plan) as proposed in the EIR, the realignment of C Street (J Street in the alternative plan), the creation of a separate entrance at the southern end of I Court (K Street in the altemative plan), and the division of A Way into two cul-de-sacs (A Lane and P Court on the alternative plan). ■ Preservation of a 0.3-acre area surrounding the existing drainage channel in the northeast comer of the site (i.e., proposed parcel B on Figure 25) as open space. 2. Mitigating Effects (a) Land Use. Preservation of proposed parcel B would slightly reduce the number.of units on the northern edge of the project which have land use compatibility impacts with the rural residences to the north. M Population, Housing, and Employment. No mitigating effects have been identified. (c) Visual Impacts.- No mitigating effects have been identified. (d) Transportation. This alternative would modestly reduce overall traffic impacts by virtue of the reduction in project units (see Table 36). This alternative would also reduce onsite safety concerns in the residential portion of the project through the breaking up of the long straight A Way route into two cul-de=sacs, elimination of the sight line problem at the intersection of S Parkway and C Street, and elimination of the distance problem between intersections along C Street. This alternative would reduce safety concerns in the commercial portion of the project through the blocking off of the westernmost and easternmost aisle In the parking lot to eliminate stacking space conflicts.(as recommended.In the EIR), the removal of:several 90- degree parking bays from the front of the major stores (as recommended by the EIR), and the redesign of the service driveway behind.the major stores to reduce safety conflicts Identified in the EIR. (e) Drainage and Water Quality. Drainage and water quality Impacts related-to runoff quantity, erosion and non-point source pollutants would be reduced. by virtue of the reduced number of units and the increase in the size of the park (plus the addition of the lake). (f) Geology and Soils. Impacts related to seismic hazards and soil conditions would be slightly reduced by virtue of the lower total number of project units in this alternative. 51410E1RI V/514 + v. Z•. a LU ED 0 --0V013 Lr W LU k� per t ' UJnTI�n ' Lx, °' �`; d i tk a � ;i.i- , r;lf :,1 _+�, _� •Ik ---- � � ig` �' Offf}fHiffft' �:: �.��� li d L.�, i •--'-,�� '• `. , i .� 1ia•� �. q♦r�fff{ HHiHfftO c i�... � U11lwf�1�� a ` + + '1'�I,d••!i; �"',aaE�,}; ��' ,�t i 1 •�. N �7�I , f.t 1'1'"1!!11!=;1�r ..,,o.I ;^ t �t-'' k't •+ t �hfHHHftfHf:Ho 1110:211 L l tr Si;• �z_F- �!i_ -t iCI:t � - k t I �I.IIIIII t l _ �ftffff HfH NQ Jl -,�t y r c l t Wit"� t g i�' + i`ti +'.- V! s !1 a w e•n + 1 1 1 1 1 1 1 fJ LI 3 $El "z►Y ? ?.8'ci Tt4t ' r y42.I t(!rr Y�btaRSi �u1�i�J�F�i{l al tl .�r•!a+ i�lf i iAh`a - , , , T + IITTT �' �+�• �+•• AA 'I- ' sc 'Pi I 14i. aiz 6k 3 1 i11 a.la 1 1 1.1 .. I Z11 _ i ; 1 a'�'.ii i. ►h. t ,_- - r==¢-�.'"""`-`L y 1 t 2•'t I Y _ • , ; s s i 1 fC''aa 1 :1 t•1 1 , r ti..z a ; I` ` V1�' t •� r`i1 i /�'•�! i IX+ !'! �, U' f = as • r•tl t Ft!i t- 1j W I ;�!`� (,11\ •t` g+a`� , i• i �,R � -+ I ;`' t '��f F t a.�%=ti •'{i�y, J t 'rl!1 ril!,. ' •ii I .� �r�a$j;_ _I`�k, ��3k, �'"`-i• S' !i '9i1� �!4 aJt .*Ji. $j?F I ;I n i - +•ala s il:i $iii - — t «.•i :++w C3 + .rw '+ , .� k Bit s w ._. I � i.�i .,;�' i G ; 'i I --- - � 4k i i�� - 3�` a!i 3k +ai•!`ac i t��; �1�. *!z• llc� ik�� i I D ....__rz.sti (} N --Mill . it . . • / ,ew j 1� � 1 L is +L l a=./ 1i ti I t. + .y-•• ; ; $ k r =tof � i f t I/�si•�a�` =jRi l --_ ---- T {`1�i J ,i a__ __ »' � -1: e��_l:.— - i ' `• ,ki i I kt _r_ r� t r 4-21 1 to . • i .f k` i 1—`�i 1 a t- , t --- ^ - -_ _ -_-- I !t, ti i k Qk ek �i! itir i lit I'• [I .ucj r i1t V i r i 2 . + ix`; i,•j+ ',E-k i , :;i ,L ` _-_ __.. _ r ii i- ti: "�-_':•, -. t' v ' t. a i ' ' + 1't•:1 ,. ir'k� 1 ••t Z'L -'ri =a. jZla 1 �.. Via_ ;al �a. I' .w ' N:. , t t .+� a ', l y«i_1 , t •k k k li 1-{a !' -4 !t ; 91 -- -- - =-- - ''1:i ` -- -- -- g�• ' 1 } G =!a. �k k ,_ { IR:c �:_ 4-•_ln ! •yi«t. r - v •.. T WW-.. ttt • _ a r taL . '. iy -1. '' wl. ••a_ -i H- at t i- t.- +-_ - +• f t a. `- ,!'` i._�\ki� @ '--- --- 4-.-•. .`2- Ltt zy� 7�i. [�S,c a!i 'ii ��! �a Ali fit: X �+` L!i kk �!i ali �ti t!i 1` R`: •i� t. ax'. 1 � Hiders General Plan Amendment Draft EIR • "- Contra Costa County VI. Alternatives to the Proposed Action July 7, 1992 Page 259 M J (g) Public Services. Impacts on schools, police and fire protection, sewer service, water, parks and recreation, street maintenance, and child care service would be slightly reduced by virtue of the lower number of project units in:this alternative.._ The.Increase In,park size would reduce project impacts on local recreational-service needs to.the ezterit that the county considers the lake eligible for credit towards meeting park acreage standards. The inclusion of the lake may also provide emergency water supply in case of fire. (h) Vegetation and Wildlife. This alternative would retain more habitat for wildlife, (particularly waterbirds) by the inclusion of the pond. The preservation of remnant alkali scrub in the northeast comer of the site would also retain sensitive vegetative resources not preserved in the proposed plan. (I) Noise. No significant mitigating effects related to noise have been identified. 3. Adverse Effects (a) Land Use. No significant additional adverse effects would occur. (b) Population, Housing, and Employment. This alternative would slightly reduce the. number of housing units provided by the project. (c) Visual Quality. No significant additional adverse effects would occur. (d) Transportation. The proposed additional entrance to Highway 4 would involve significant operational and safety impacts. The elimination of connection of S Parkway and C Street would create an awkward internal circulation pattern. (e) Drainage and Water Quality. No significant additional adverse effects would occur. (f) Geology and Soils. No significant additional adverse effects would occur. (g) Public Services. No significant additional adverse effects would occur. fh) Vegetation and Wildlife. No significant additional adverse effects would occur. (i) Noise. No significant additional adverse effects would occur. - --- li .7J 1J•Lif No .003 P.01 Iv B CONTRA COSTA OOUNTY DEPARIKEUT OF AaRICULTEM Conditions for Application of POeticides in or Near Environmentally Cann itiva Ar,.'e- I. AIR APPLICATIONSa A. Schools 1. Aerial application of non-restricted pesticides may be applied within SOU feet from schools providede 9. Applications are made only on Saturday, SUndayg holidays or other ti.a►es whan there is no evidence of persons on the school. property, and b. The: applicator has given the department a "Notice of Intent to Apply Pesticides". 2. -Aerial applications of restricted materials* within 500 feet of school property are prohibited. E. Other Occupied Buildings Aircraft authorized to apply restricted materials in category 1 or 2 shall not make applications closer than 100 feet from any occupied building. C. Other Properties Air applications of restricted materials on properties color-coded on the .attached map shall be an follows: Ped Shaded Areas: Not allowed= Blue-shaded Areas: Applications will be monitvrred by..the county Department of Agriculture (resources permitting). The Department will give the Applicator a 30-minute grace period to chow-up for a scheduled application; otherwise, the 24-hoar notice of intent to apply pesticides shall be resubmitted. , , Aeana and Anbush will be allowed by air in red zones. Theme are synthetic pyrethroid materials that are designated restricted use pesticides due to extreme toxicity 'to fish and aquatic organisms. Neither is highly taxis to mammals. Both have minimal worker re- entry requirements., "Do not enter until spray has dried". Certaiu crops (especially sweet corn) do not have efficacious non- restricted alternatives. II. GROUND APPLICATION Other Occupied Buildingn speed sprayers authorized to apply r-entrioLed materials in category 1 and 2 shall not make applications closer than 100 feet from any occupied building. a:\w\pescapp).cuu