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HomeMy WebLinkAboutMINUTES - 06081993 - D.1 TO: BOARD OF -SUPERVISORS .; Contra o, . Costa FROM: HARVEY E. . BRAGDON �, 5ai i ip s County..: . . DIRECTOR OF COMMUN;�E-Y. EVELOPMENT � -* c ' s q DATE: June 3 , 1993 . _ r •�ouxi^� SUBJECT: Approval of the Cypress Lakes Project Rezoning (File #2918-RZ) , Preliminary and Final Development Plan (File #3032-90) for 1,330 Re. 9-1e-mitia1 Units- Together with a Lake and Channels, 18 Hole Golf _:., -pcit . . Course;�3:..Pa.rks and,�,Otherl Recreational Amenities, School Site, Fire `Pf Statior� Child Care Center, and Surrounding Levee ;,. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION ►; r ' RECOMMENDATIONS Approve the Cypress-Lakes and Country Club project by taking following actions: 1. Certify the EIR and Addendums as being complete and ,:adequate under the California Environmental Quality Act, and"`State and local CEQA Guidelines. 2 . ' Adopt the Statement of Findings and Over-riding s ' Considerations; Vit. 3 . Adopt the Mitigation Monitoring Program; .4 . Adopt Findings for Rezoning to Planned Unit District. ,3- 5 . Approve rezoning of the site from A-2/A-3 to P-1 (File #2918- RZ) subject to attached conditions; 6. Approve Preliminary and Final Development Plans dated July 2 , 1992 (File #3032-90) subject to attached conditions. FISCAL IMPACT None. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON June 8 , 1993 APPROVED AS RECOMMENDED x OTHER x SEE ADDENDUM FOR BOARD ACTION VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN. MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Arthur Beresford - 646-2031 Orig: Community Development Department ATTESTED June 8 , 1993 cc: Public Works Department PHIL BATCHELOR, CLERK. OF... . County Counsel THE BOARD OF SUPERVISORS' (L D CO Y ADMINISTRATOR 0 BY , DEPUTY 2 . BACKGROUND/REASONS FOit RICOMME.NDATION On May 18, 1993 the Board of. Supervisors declared their intent to take the actions outlined above. The documents referenced in Items #1, #2 , #3 , #4 have been separately provided and are on file wi.th the Clerk of the Board. The Conditions of approval are also on file with the,,'Clerk of Board. Items #5 and #6 have been separately provided and are on file with the Community Development Department. The Vesting Tentative Map (SUB 7562) was approved by the East County Regional Planning Commission on April 5, 1993 (Resolution #12-1993) . The Vesting Tentative Map approved was contingent on the Board of Supervisors' approval of the Rezoning and Preliminary and Final Development Plans. AB/aa BDVI/2918-RZ.AB 6/3/93 ADDENDUM TO ITEM D. 1 JUNE 8, 1993 On May 25, 1993 , the Board of Supervisors deferred to this date the decision on the request of A.J. Salomon/Chartered Land and Cattle Company (applicant) the Three Sisters Trust (owner) for approval to rezone land 2918-RZ, and approval of a Final Development Plan 3032-90, Bethel Island area. Dennis Barry, Community Development Department, presented the staff recommendations, adding a recommendation 7, that the Board introduce the ordinance giving effect to the aforesaid rezoning, waive reading, and set June 15, 1993 , for the adoption of the ordinance . Supervisor Torlakson moved approval of the staff recommendations . Supervisor Smith seconded the motion. Supervisor McPeak requested clarification about the second units and the contribution to the affordable housing trust fund and the possibility of some of that contribution being offset by affordable units on site . Mr. Barry responded that a number of second residences were to be provided for at the developer' s option. He added that under the findings that have been prepared for the Board if the Board wished they could allow some additional compensation or trade of some of the affordable housing trust fund monies to be offset by actual construction of housing up to twenty percent of that contribution could be converted to actual housing on the site and if that were the Board' s intent the conditions of approval could be modified and the findings that are before the Board would support that change in the conditions . Supervisor Torlakson commented that that would result in the same total financial impact just investing those dollars right in the project . Mr. Barry concurred. Supervisor McPeak commented that it would help with the jobs housing balance for those jobs that would be there and that she would like to see a cap of no more than twenty percent being converted because that would be about the right balance in terms of the jobs and a spread between very low and low and up to a hundred percent on moderate . Supervisor Torlakson again clarified that the net financial impact is the same and the Board is just targeting the money. Mr. Barry responded in the affirmative commenting that the staff proposal was that it would be at the developer ' s option. Supervisor McPeak reiterated at the developer' s option not to exceed twenty percent of the contribution. Supervisor Torlakson accepted that as part of the motion. Supervisor Smith concurred. IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3 , 4 , 5 and 6 with amended conditions, and the added recommendation 7 as stated by Mr. Barry are APPROVED; and Ordinance No. 93-34 is INTRODUCED, reading WAIVED, and June 15, 1993 is set for adoption of same . FINDINGS FOR REZONING TO PLANNED UNIT DISTRICT (P-1) (FILE #2918-RZ) and PRELIMINARY AND FINAL DEVELOPMENT PLAN (3032-90) FOR THE CYPRESS LAKES & COUNTRY CLUB PROJECT A. The Board of Supervisors of Contra Costa adopts the following findings in approving the rezoning to Planned Unit Development (File #2918-RZ) and Preliminary and Final Development Plans (3032-90) : 1. The applicant has indicated that they intend to commence construction within two and one-half years of the effective date of final project approval. The applicant's intent is demonstrated in its letter to Art Beresford dated March 30, 1993 . 2 . The Cypress Lakes & Country Club project is consistent with the County General Plan. The General Plan includes an "Off-Island Bonus Area" designation for the property which permits single family residential development at 1-2 . 9 dwelling units/acre with recreational amenities. The project is consistent with such designation. The project is within the County Urban Limit Line. The staff reports for the East County Regional Planning Commission meetings on February 1 and March 1, 1993 , include a discussion relating to the project's consistency with the General Plan which is incorporated herein. In addition, the Environmental Impact Report (EIR) prepared for the project also contains discussions on the project's consistency with the General Plan which is incorporated herein. 3 . The Findings made as part of the certification of the EIR are incorporated into these findings by reference. Those EIR Findings confirm that the project, with mitigation measures, will constitute a stable, harmonious project, in harmony with the surrounding ' neighborhood. The project enhances the recreational character of the area by providing a golf course, a man-made lake and water channels, a beach and tennis club, public and private parks and pedestrian/bicycle trails. 4 . A planned unit development is desired when application of conventional zoning regulations to a large-scale development may create a monotonous and inappropriate neighborhood. Further, the planned unit development is intended to allow diversification in the relationship of various lot sizes and open spaces, while ensuring 1 substantial compliance with County General Plan. (County Ordinance 84-66. 204) The plan unit development on this project allows for diversification of lot sizes, avoiding a "cookie-cutter, " monotonous development, and allowing for clustering of the home sites while preserving open space land areas (i.e. , golf course, lake and water channel) . Rezoning to planned unit development further allows better conformity with their recreational amenities offered by the project as contemplated by the County General Plan. Rezoning to planned unit development further allows the County the opportunity to place strict conditions of approval on the project design and grading to help protect the environment and promote sensitive design. 2 CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3032-90 AND REZONING 2918-RZ AS APPROVED BY THE BOARD OF SUPERVISORS ON JUNE 8 1993 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 an addition to all approved mitigation measures. These conditions supersede and incorporate the conditions of approval approved by the East County Regional Planning Commission for SUB 7562. A. Revised vesting tentative map, final development plan and phasing plan dated received July 2, 1992. The number of units approved for this project is 1 ,330 residential units (excluding second units). The open space area behind Lots 61 to 64 and Lots 67 to 69, Phase 1 , shall be deleted and made a part of the yard area of the various lots. B. Wetlands Delineation Report done by Huffman & Associates, Inc. dated July 17, 1991 . C. Geotechnical and investigation report, Phase 1 study, done by Kleinfelder, & Associates dated December, 1988. D. Informational report for the proposed levee system by Bohley/Maley Associates dated August 20, 1992. E. Preliminary environmental assessment of hazardous sites on the site by Kaldveer Associates dated February 27, 1989. F. Evaluation proposal levee bordering Cypress Lakes Project by Kleinfelder & Associates dated February 2, 1993. G. Special Status Species Survey done by Huffman & Associates dated October, 1991 . H. Draft Habitat Mitigation and Monitoring Plan dated August, 1992. I. Verification of Wetland Delineation by the U.S. Army Crops of Engineers dated September 27, 1991 . J. Project Landscape Criteria. K. Landscape Guidelines for Internal Levee. L. Information on Excavation Techniques, Groundwater Monitoring and Subsi- dence prepared by Kleinfelder & Associates dated October 30, 1992. M. Groundwater Monitoring Criteria. N. Cultural Resource Evaluations by William Self Associates dated July 30, 1992. 0. Golf Course Feasibility Study by Golf Management, Inc. dated August, 1989. 2 P. Energy Conservation Guidelines. 2. The length of approval of the tentative map as well as for the accompanying final development plan and rezoning shall be for three years. One 3-year extension may be granted subject to proper request and approval. 3. Prior to recording a final map for this project, the applicant shall contribute a $25,000 cash payment to Reclamation District #799 for a special flood control project, the preparation of the second phase of the geotechnical report regarding the upgrading of the existing district levees. Proiect Phasing 4. The phasing plans is acceptable as proposed. Phasing may be modified subject to the review and approval of the Zoning Administrator. 5. The following actions shall take place before various phases of the project are developed: A. The park areas within Phase 1 shall be developed and landscaped prior to occupancy of residences in Phase 1 . An acceptable landscape, irrigation and equipment plan, including public restrooms shall be submitted for the Zoning Administrator's administrative approval. Means to finance the park shall be developed prior to recording the final map for Phase 1 of the subdivision. The park areas within Phase 1 shall be developed and landscaped prior to occu- pancy of residences. The park areas in Phase 3 shall be developed and landscaped prior to occupancy of residences in Phase 3. B. The beach club, swim club area shall be developed prior to occupancy of residences in Phase 2. This will require a further final development plan approval. The beach-swim club shall be open to the public either by reasonable fee or open membership. C. The various tot lot areas will be developed prior to occupancy of the various phases in which they are located. The trails connecting the neighborhoods with the small tot lot/park areas shall be developed in the appropriate phase. Trail plans shall be approved by the Public Works Department and the Zoning Administrator. D. The golf course and golf clubhouse site shall be developed prior to occupancy of residences in Phase 4. The golf clubhouse site and driving range will require approval of a further final development plan. The golf course-clubhouse shall be open to the public by payment of a reasonable fee. Any restaurant/bar in the golf clubhouse shall be open to the public. 3 E. The levee trails south of Cypress Road extension shall be developed prior to occupancy of residences in Phase 1 . The levee trails north of Cypress Road extension shall be developed prior to occupancy of residences in Phase 4, including the development of the trail across the site along the east/west channel. Trails shall be opened to the public. F. The day care center and the recreational vehicle/boat storage area will require a further final development plan approval prior to their establishment. The final development plan for the day care center shall be filed prior to recording the Final Map for Phase 3. Street Addressing 6. Prior to filing the Final Map, plans shall be submitted for review by the Community Development Department, Graphics Section, to obtain addresses and for street name approval (public and private). Alternate street names should be submitted in the event of duplication and to avoid similarity with existing street names. The Final Map cannot be certified by the Community Development Department without the approved street names and the assignment of street addresses. Police Services 7. 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. EMF Notification 8. Where a lot 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. 4 Energy Conservation 9. At least 30 days prior to filing a final map on Phase 1 , the applicant shall submit to the Zoning Administrator for the review and approval: A. Methods to provide for future passive or natural heating or cooling opportunities within the subdivision and the design of the residences and swimming pools to the extent feasible; B. Evidence that the desirability of participating in the P.G. & E. energy conserva- tion "Incentives for Builders" program has been considered. Should the applicant choose not to participate, the applicant shall indicate in writing the reasons for the decision. Residences energy conservation shall exceed Title 24 requirements by 10%. Farm Operation Notice 10. The following statement shall be recorded at the County Recorder's Office for each lot 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." Grading and Dust Control 1 1 . 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 7:30 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. 5 C. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 1 ,000 feet of the exterior boundary of the project site notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with 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 allowed to resume until, if necessary, an appropriate con- struction 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. 12. At least 30 days prior to filing the Final Map or issuance of grading permits, the applicant shall submit a detailed grading plan for the review and approval of the Zoning Administrator. Prior to issuance of grading permits, the applicant shall have had received the Reclamation District #799 permit. TDM Plan 13. Prior to the issuance of building permits, the applicant shall submit a detailed TDM Plan for review and approval by the Zoning Administrator (unless otherwise required by a TDM Ordinance). The approved TDM Plan shall be operative prior to final inspection by the Building Inspection Department. Indemnification 14. 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, G officers or enno|oyoee to attack, oat omido' void, or annul the agency's approval concerning this subdivision map application, which action is brought within the time period provided for in Section 66499.37. The County will promptly notify the subdivider of any such c|oinn' action, or proceedings incorporate fully inthe defense. 15. The project app\ioantahaUdefend' \ndemnnify' andho|dharrn!eosContraCostaCounty and itsagents, officers, and employees from any claim, action orproceeding against the County or its agents, officers oremployees relating to the dewatering activities that will take p|moo as port of the project. The County will promptly notify that applicant of any such c\ainm, action or proceeding and cooperate fully in the defense, in the event aclaim, action or proceeding is filed. Development Guides 16. AQuide for development and use provisions for this site shall beoefollows; A. On the lots with widths of less than 80 feet, setbacks of residential units shall be varied between 171/2 and 20 feet. All garages shall have setback of at , least 17 1/2 feet provided vertical garage doors are used. Frontyard setbacks may be reduced to 15 feet for covered porches. The sideyard rninirnunn shall be 5-feet with a total aggregate eideyard of at least 10'feat. Reeryerd rninirnurn shall be 15'feet. Height limit shall be 30-fe8t with a two-story maximum. The R-6 zoning district shall be used as guide for the height, or lot coverage of the site as well as the location of any detached sheds or outbuildings. B. The setback for residential units on |Vte wider than 80 feet shall be varied between 2Oand 25feet. All garages shall have osetback Vfatleast 2O-feet. Frontyord setbacks may be reduced to 15'feet for covered porches. 8idayord minimum shall be 10'feetvvith anaggregate mideyord Ofatleast 2O'faeL The rearyard nnininnurn shall be 15-feet. Building height limits shall be 30-feet with atwo-story maximum. The R-1Ozoning district shall bgused osaguide for the height orlot coverage ofthe site os well 8ethe location mfany detached sheds or outbuiidinQs. C. Prior tothe iaouenoo of building permits on any phase of this site, 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 atleast G-foethigh. Reoryard fences shall be 6-feet tall and solid wood. Any fencing along a street mhoU be 8'feettoU mo\N wood with cement pilastered every 18-fe8t. The residences of this development shall be finished in a suitable color that shall be complimentary to each other. Residences located On corner lots ehoU be single story as often as possible. D. At least 15 days prior to issuance of building permits on any phase of this development, a detailed plan showing the location nfhomes shall basubmitted for the Zoning Administrator's administrative [gvi8vv and approval. 7 17. A homeowners association shall be formed for the maintenance of the small parks and tot lot areas. This shall be accomplished unless a public agency assume the responsibility for the maintenance of these facilities. The means of maintaining parks and open space areas shall be developed and approved prior to recording the final map for Phase 1 . 18. 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. 19. Minimum setbacks along arterial roadways will be at least 200 feet and 100 feet from the centerline of the roadway to the exterior wall of any living space along collectors streets (Cypress Road extension). Utilities - Schools 20. Prior to recording the Final Map for Phase 1 of this development will serve letters from the Oakley Elementary School District and the Liberty Union High School District shall be submitted to the Community Development Department. 21 . Sewage service shall be provided by the Ironhouse Sanitary District. Domestic water service shall be provided by the Oakley Water District. The applicant shall annex to these districts prior to recording the final map for Phase 1 . 22. Prior to the recording the final map for Phase 1 , the applicant shall submit a letter from the local transit agency outlining locations of bus stops for the site. The bus stop shall consist of a proper pull out for the bus along the street as well as a bench and/or covered areas if required by the local transit agency. The bus stops shall be constructed during the various phases of this project as it is developed. 23. The applicant and the Oakley School District are encouraged to enter into a short term funding agreement prior to recordation of the subdivision map for Phase 1 . The agreement could ensure that matching funds are provided for the completion of construction documents necessary for the District's application for State funding. The amount of short term funding would be credited to the applicant's full school impact fees which are paid upon issuance of building permits. The school site shall be acceptable to the Oakley School District. Child Care 24. Provision of a child care facility shall be required for this development. The child care program shall be submitted for the review and approval of the Zoning Administrator prior to filing the Final Map for Phase 1 . If possible, it is encouraged that the child care center be developed and constructed prior to occupancy of residences for Phase 3 of this development. The day care facility will be moved away from the lake and will be located in the area of the proposed school site or another location, on site, acceptable to the Zoning Administrator after final development plan approval. 8 Fees 25. The project will pay in-lieu affordable housing fee equal to $3,333 per residential unit. The fee shall be paid at the time of the issuance of building permits for the various phases of this project. As an alterative to the fees, the project applicant may construct a portion or portion of all of the affordable housing units on site. If this alternative mitigation is selected, the location design of the affordable housing units shall be submitted to the County Zoning Administrator for review and approval prior to filing a final subdivision map for that phase of the development. 26. When established by the Board of Supervisors, a protection fee shall be paid for each residential unit within the project to acquire development rights on agricultural land and/or open space or wetland areas. The fee shall be determined by the County and paid upon issuance of building permits for the various phases of this project. The maximum fee shall be $25.00 per home subject to a cost of living adjustment. 27. The project will make a voluntary contribution of $300,000 to the County Homeless Trust Fund. This contribution shall be paid, pro rata upon the issuance of building permits for the various phases of this project. 28. The project applicant shall make a contribution of $90,000 for east county libraries. This contribution can be utilized for the construction of a new library to serve the Oakley and Bethel Island areas. This contribution shall be paid pro-rata upon the issuance of building permits for the various phases of this project. "In-holding" Properties 29. The project applicant shall offer to enter into the following process for negotiating a purchase price for the three in-holding properties (Coleman, Dannelley, Ogren). First, the project applicant shall mail an offer to each in-holding property owner to obtain an appraisal by an MAI certified appraiser. The offer shall contain a reasonable time limit for a response by the in-holding property owners. The in-holding property owner may also obtain an appraisal by an MAI certified appraiser. The purchase price shall be computed as the average of the independent appraisals by the applicant and in-holding property owner or any other mutually agreeable amount. Second, the project applicant shall provide evidence of such offer to the Zoning Administrator prior to filing the Final Map on Phase 1 . OR A. Prior to recording the map for Phase 1 , the development shall be redesigned so that Cypress Road avoids the Coleman property. The Coleman property shall have suitable access to Cypress Road or to another public road nearby. 9 B. Prior to recording the final map for Phase 1 , the applicant shall attempt to adjust the lot lines for the Dannelley and Ogrin properties so.that they will front on Cypress Lakes Drive. If the Dannelley's and Ogrin's are agreeable, the applicant shall build them a 10-foot paved driveway to their garage areas. If the Dannelley's and Ogrin's are not agreeable to this, then their lots may remain as is with the access road to their property as is unless amended in the future by action of a public agency. C. Prior to recording the final reap for Phase 1 , the Dannelley, Ogrin and Coleman properties perimeters with this site shall be properly fenced with a 6-foot tall cyclone fence with slats and gates as needed. Alternative fence could be a solid wood fence 6 feet tall. Wetlands - Lakes 30. The project applicant shall prepare a final wetlands habitat mitigation monitoring program. The wetlands mitigation monitoring program shall be reviewed and commented upon it adequacy by the State Department of Fish & Game prior to the review of the County Zoning Administrator. 31 . Channel crossings underneath the various roads on the site shall be designed so that water fowl and other small animals can cross underneath the road through a suitable pipe structure subject to the review and approval of the California Department of Fish & Game and the County Zoning Administrator. 32. The detailed channel enhancement plan shall be based on the draft channel enhance- ment plan. The plan shall be submitted to Contra Costa County, the California Department of Fish & Game for review and approval prior to approval of the project's final subdivision map for Phase 1 . 33. The design of road crossings, bridges, and/or culverts to replace along the primary drainage channel shall be submitted for the review and approval of the Contra Costa County Department of Public Works and the California Department of Fish & Game prior to filing a final map for Phase 1 of this subdivision. 34. A final channel lake operation and maintenance plan shall be submitted for the review and approval of the County and the California Department of Fish & Game prior to recording the final rnap for Phase 1 . The plan shall be based on the applicant's proposed lake channel management plans and utilizing plants, flushing, errations, and other technics to maintain water quality without chemicals. 35. The project shall comply with all requirements of the County's NPDES permit requirements. The project applicant shall provide the County with the appropriate documentation regarding compliance with the NPDES requirements prior to the issuance of grading permits for this project. 10 36. Prior to recording the final map on Phase 1 , the design for the community park shall be submitted to the Zoning Administrator for his review and approval. The parking area shall be located as much as possible away from the Ogrin and Dannelley residences and shall generally be located near the intersection of Cypress Road and Cypress Lakes Drive. Drought tolerant landscaping shall be used as much as possible. 37. The Contra Costa Mosquito Abatement District shall be provided the final design plans for the wetland mitigation areas, golf course and lake plan for their review and comment prior to their approval by the Contra Costa County. Golf Course 38. Prior to the development of the golf course on the site, a landscape plan for the golf course shall be submitted for the review and approval of the County Zoning Administrator. The plan shall be accompanied by a landscape maintenance plan outlining how the maintenance of the golf course can be accomplished with an environmentally*sensitive and organic maintenance plan as possible. 39. A final maintenance plan for the golf course shall be submitted for the review and approval of the County prior to its development. The golf course may be developed prior to the construction of the levees and houses. The final maintenance plan shall build on the maintenance criteria established in the project plans and identified standard maintenance and management practices to be carried out on the golf course. Specific maintenance procedures shall be identified regarding the use of pesticides, herbicides and fertilizers and these shall be kept to a minimum. An emphasis of the maintenance plan should be to reduce any potential leaching of materials into the local ground water resources. The maintenance and management plan shall also outline specific irrigation practices designed to reduce water consumption. 40. A ground water management plan to address water requirements for irrigating the golf course and parks shall be developed. The ground water management plan shall also address the management of pesticides and measures to be taken to reduce potential impacts on ground water resources. The plan shall identify what areas, and in what sequence water will be discontinued to portions of the golf course and park in the event of water cut-backs because of drought or substantial lowering of the water table. The plan shall be approved by Contra Costa County prior to filing the final subdivision map for Phase 4 of this development. 41. The golf course shall be designed to use grasses that are drought-tolerant to limit the needed amount of water for irrigation. Levees 42. If Reclamation District 799 does not accept the internal levee, another agency will be requested or formed to maintain the levee. A maintenance district can be formed consisting of the horneowners in the project. Under this district, each homeowner would be assessed a fee to maintain the levee. 11 43. The developer shall submit a landscape plan for the levee along Sandmound Boulevard for review and administrative approval of the Zoning Administrator prior to construc- tion of the levee. The construction of the site levee shall begin along the westerly portion of the site. 44. The design of the project levee shall be in accordance with the standards and requirements of the Federal Emergency Management Agency for an urban standard levee. Provision shall be designed into the project levee to allow for a future increase in height of 4-feet to allow for the possible greenhouse effect. During the design of the project levee,the crest elevation shall be increased by an amount equivalent to the projected long term settlement. If accepted by Reclamation District #799, levee and drainage systems shall be dedicated to Reclamation District #799. Prior to issuance of any grading permit for the construction of the project levee, the location of the right of way for the extension of Bethel Island Road south of Cypress Road, shall be reviewed and approved by the Public Works Department, Engineering Services Division. The property owner to the west of the project and south of Cypress Road, and the Archaeological Conservancy, shall be notified and given two weeks to review the grading plans for the levee that may impact the location of the right of way for the extension of Bethel Island Road, up to 465 feet south of existing Cypress Road, and to review the location of the intersections of Cypress Road and Bethel Island Road prior to issuance of the grading permit. Prior to issuance of a grading permit for the construction of any levee that fronts on a public road, such as Bethel Island Road or Sandmound Boulevard, the grading plans shall be reviewed by the Public Works Department to ensure provision of the ultimate right-of-way. 45. The side slopes of the project levee shall be planted and irrigated to reduce erosion and provide dust control in accordance with limitations imposed by FEMA. 46. Adequate easements shall be granted to the maintenance authority in order to provide for' maintenance and upgrading of the levee and to prohibit encroachments onto the levee. 47. To minimize the risk of liquefaction beneath the primary levee, the loose clean and silty sand to depth of 10 to 15 feet or whatever depth is required shall be reworked and densified. Over-excavation rather than deep dynamic compaction shall be used for the compaction of the soils in these areas. 48. A detailed emergency evacuation plan based on the project's proposed emergency evacuation plan shall be prepared in cooperation with Reclamation District #799 prior to approval of Phase 1 of the project's subdivision map. Evacuation plan shall include at a minimum the following measures: A. Criteria for determining when an emergency exists. B. Methods for notifying and evacuating area residences. 12 C. Identification of agencies and individuals responsible for emergency response and public evacuation. D. Plans for returning evacuates to their home after an emergency has passed. Any construction of facilities required by the evacuation plan shall be constructed prior to levee construction. The Evacuation Plan shall be subject to the review of the Public Works Department and the review and approval of Reclamation District 799 and the Zoning Administrator. The Plan shall identify 1) the equipment and facilities necessary to provide safe access to the project, 2) the entity responsible for providing safe access to the project, and 3) the timing of when the equipment and facilities are needed to provide safe access to the project in the event of an emergency. The Plan shall be designed to provide emergency access once the flood waters have been stabilized and continue to provide safe access until the levee break is repaired and normal access is restored. There will be no need to provide for emergency access when there is a permanent flood protected access provided on Cypress Road between Jersey Island Road and the project. 49. Prior to recording the map for Phase 1 of this development or prior to issuance of grading permits, a final ground water monitoring plan shall be submitted for the review and approval of the Reclamation District #799 and Contra Costa County prior to filing a final subdivision map. A performance bond may be requested by Reclamation District #799 that will provide the District with protection for its existing levee and drainage systems. 50. The project's site shall continue to be a part of Reclamation District 799 and shall be prohibited from succeeding from this district, even if removed from the flood hazard zone, by the proposed internal levee system, to provide the district with continue long term sources of funding for maintenance of the existing Reclamation District 799 levee system. 51 . Maintenance of the landscaped strip on the side of the levees will be done by the homeowners association or a special district. It will not be the responsibility of the agency that maintains the project levees. The landscape strip around the outside of the levee shall be at least 10-feet wide. This strip may be eliminated in areas where the levee may cross under Bethel Island Road. Levee landscape guidelines shall be finalized once the public agency responsible for maintaining the levee is determined. The levee landscape guidelines should then be submitted to the public agency responsible for maintenance of the levee for review and approval prior to installation of landscaping on the levees. 13 Recreation Maintenance 52. The landscape maintenance district, or other funding source consisting of the property owners within the project site, shall be established for the proposed project to pay for long term maintenance of public recreational areas within the site. The project applicant shall submit a proposal for the landscape maintenance district to the County for approval prior to recording the final map for Phase 1 of this development. Construction Parking 53. Prior to construction of any phase of this site, an on-site parking area shall be developed for parking needs of construction crew members. This plan shall be submitted to the Zoning Administrator for review and approval prior to construction of residences within the various phases of this development. CC & Rs 54. The CC & Rs shall contain information regarding the use of or disposable of undesirable materials such as rnotor oil, paints, garden pesticides and other household products. The CC & Rs shall state that the existing Hotchkiss Tract levee is private property and cannot be used for public or recreational purposes. 55. Prior to recording the final map for Phase 1 , a street sweeping program shall be provided to reduce urban pollution run-off into the proposed lakes and channels. The street sweeping may be provided by the County through its existing street sweeping program or if.this is not feasible alternative measures could include funding of the street sweeping prograrn by the homeowners association. The CC & Rs of the development in regard to levee maintenance shall be acceptable to Reclamation District #799, if the District accepts the levees. Soils - GeQLg 56. The project shall be required to adhere to the approaches outlined in the Kleinfelder report analyzing the approaches for mitigating liquefaction impacts. The specific approach will depend on site specific conditions and analysis. The project applicant shall follow the review and approve recommendations of the Kleinfelder report. The report documenting the methods used in the field to reduce liquefaction potential shall be submitted to the Public Works Department and to the public agency responsible for maintenance of the levee system for their review and approval. An additional geotechnical report outlining means of protecting the new levees without using deep dynamic compaction shall be submitted for review and approval of Reclamation District #799 and Contra Costa County. 14 57. At least 45 days prior to recording a final map for Phase 1 or any phase, issuance of grading permits, or installation of improvements .or utilities, submit a preliminary geologic, soils, and foundation report meeting the requirements of the Subdivision Ordinance Section 94-4.420 for review and approval of the County Zoning Administra- tor. Improvement, grading and building plans shall carry out the recommendations of the approved report. 58. The report required above shall include evaluation of the potential for liquefaction and seismic settlement. 59. 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. 60. At least 45 days prior to issuance of permits to grade and create the lake and channels 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 to reduce the possibility of liquefaction of this area. 61 . The ground settlernent monitoring plan shall be finalized and submitted to the Reclamation District #799 and Contra Costa County for review and approval prior to beginning any construction or dewatering activities on the site. Plan shall identify the location of all monitoring wells, and provide specific on well cornpletion and methods and frequency of monitoring. Plan shall identify settlement plates as well as contingency plans to control subsidence or mitigate subsidence and related damage. 62. Ground water monitoring plans to provide early detection of changes in ground water level and to allow adjustment in the construction techniques if necessary shall be developed. Monitoring wells and settlement plates shall be placed on the project's site and surrounding properties to control ground water levels. The ground water monitoring plan shall be acceptable to Reclamation District #799 and Contra Costa County. 63. The project owner shall fund an independent geotechnical and drainage engineering review of the project design and construction on behalf of Reclamation District #799. This review shall show the impact and a plan to alleviate the impact of the project on existing drainage pumps and systems. The report shall be acceptable to Reclamation District #799 and Contra Costa County. 64. The project grading plan shall include the following mitigation measures: A. The narne and phone number of a designated dust control coordinated will be posted at the construction site. The dust control coordinator will respond to complaints by suspending dust-producing activities or providing additional personnel or equipment for dust control. B. The contractor will implement the following measures. 15 1) Suspend earthi-noving or other dust-producing activities during periods of high winds; 2) Provide equipment and personnel as necessary for watering of all exposed or disturbed soil surfaces. An appropriate dust suppressant, added to water before application, should be utilized; 3) Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind; 4) Sweep adjacent streets of all mud and debris, since this material can be pulverized and later resuspended by vehicle traffic; 5) Water, seed, cover or apply dust suppressants to completed cuts or graded areas as soon as grading activities cease; 6) In addition to the dust control measures proposed as part of the project, the project applicant should post the name and phone number (business and non-business hours) for the dust control coordinator along the perimeter of each construction site and provide this information by mail to residents within 1 ,000 feet of the area of construction; 7) Earthmoving and other dust-producing activities should be suspended when watering and other dust control measures are unable to eliminate visible dust plumes. Fire Station 65. The proposed new fire station on the project site shall be operational prior to the occupancy of the first homes on the site. The fire station shall meet all applicable requirements of the appropriate fire district (Oakley Fire Protection District or Bethel Island Fire Protection District or their successor). If necessary, a special district fee may be required to augment and provide adequate funding to fully staff the new station. 66. Prior to recording the parcel map for Phase 1 , the site shall have been annexed into either the Bethel Island Fire Protection District or the Oakley Fire Protection District or their successor. Landscaping 67. Prior to construction of the various residences on this site, landscaping plans for frontyard landscaping of the residences shall be submitted to the Zoning Administrator for review and approval. The landscaping plan shall include an alternative landscaping with xeriseape landscaping for builder installed frontyards. Landscaping of frontyard areas of this site shall be installed prior to occupancy of residences. 16 68. Comply with the landscape requirements as follows; following reports are subject to the Zoning Administrator review and approval. Landscaping shall conform to the County's Water Conservation policies in regards to the use of drought-tolerant trees, bushes and ground cover. The project landscaping plan shall include provisions to utilize the East Bay Conservation Corps or similar work program to complete and/or maintain the project landscaping, unless the applicant demonstrates that including such a work program is not reasonably feasible. At least 30 days prior to requesting recording of the final map for Phase 1 , submit a street tree planting plan for entire development, a landscape being planned for landscaping along the site's frontage on Cypress Road extension and Bethel Island Road, and portions of the site fronting on Sandmound Boulevard. The landscape plan shall include typical frontyard landscaping plans for residences on the site. Prior to recording the final map for Phase 1 of this development, submit a detailed trails plan indicating location of trails, their design, and their maintenance on the site. Because of high water table-areas around the lake and channels may be landscaped with native willows, a few native cottonwoods and other California natives suitable for the area. Trees may be 5 gallon size, bushes 1 gallon size. 69. Prior to recording the final map for Phase 1 of this development, the design of the street lights shall be submitted for the review and approval of the County Public Works Department and the County Zoning Administrator. The street lights shall use down focus lights to eliminate to reduce glare to the surrounding area. Archaeological 70. 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. 71 . Any development within the western perimeter of the site within the archaeological sensitive area shall be done in a manner which reduces ground disturbance to an absolute minimum. The construction activity in this area shall be closely monitored by an on-site archaeologist during any development in these areas. Rubber tired construction vehicles shall be used throughout the site and excavation for landscaping irrigation shall be allowed in fill materials only. Should it be necessary to excavate through native soils an archaeologist shall be present to monitor soil removal to determine if there are any cultural materials. 72. Prior to construction of the proposed fire station, a detailed archaeological reconnais- sance of the area shall be done to determine if the station can be built as proposed. If it should be shown that it cannot be as proposed, then the station shall be moved to an area of lower archaeological sensitivity. This shall be accomplished prior to recording the parcel map for Phase 1 of this development. 17 73. Lot #10 in Neighborhood 1 shall be removed or redrawn in a manner that it avoids the archaeological sensitive areas. Lot #11 in Neighborhood 1 shall be removed or redrawn in order to avoid archaeological sensitive areas. 74. The rear lot lines of Lots #29 and #30 in Neighborhood 7 shall be redrawn in a manner that avoid archaeological sensitive areas. 75. An archaeological monitor(s) shall be present when grading, excavation, trenching or other soils disrupting activities are carried out in any of the mapped archaeological sensitive areas. An archaeological monitors) shall be on-called when grading, excavation, trenching or other soils disrupting activities are carried out in the project's site. In the event that a prehistoric site, burial or historical resources are encountered during construction of the project, the project engineer will be obligated to temporary stop the relocate construction activities and notify the archaeological monitor immediately. In the event of a significant prehistoric or historic resources are identified, no further construction shall be permitted in that location until a mitigation plan can be formulated and implemented. 76. In the event that human remains are discovered during construction, excavation shall be halted at that location. Any finds of human remains must be reported to the Contra Costa County Coroner's Office. In the event that the find is determined to be prehistoric, the Native American Heritage Commission must be notified within 24-hours to alert them of the find and to permit the designation of a native american representa- tive. Consultation between the archaeological consultants in charge of monitoring, Contra Costa County and the Native American representative would then determine the course of action to be taken with the burial in question. Ideally, if removal is undertaken time should be allowed for the study of the remains in an associated grave prior to their return to the Native American community for reburial at a location of their selection. 77. The report of findings and analysis of all archaeological data recovered during testing, excavation, monitoring and any mitigation procedures are taken should be prepared by a qualified archaeologist for submittal to Contra Costa County, and proper State agencies. 78. An acceptable (to the County) plan shall be developed for informing construction personnel on the potential for discovering of cultural or human remains, and the need for proper and timely reporting of such finds and the consequences of failure thereof. The plan shall be developed and approved prior to issuance of grading permits. 79. Prior to recording the final map for Phase 1 of this development or the issuance of any grading permits, an agreement shall be reached with the Native American Heritage Commission (NACH) in Sacramento regarding potential Native American concerns, values and traditional use areas relative to the proposed project site and vicinity. The agreement would specify when, in the event of a discovery, Native American involvement would occur, and the treatment and ultimate disposition of any ancestral remains. 18 80. The proposed intersection and improvements of the project's entrance and Bethel Island Road shall be realigned to the north as much as possible to avoid impacting cultural resource sites. 81 . The alignment of any future extension of Bethel Island Road south of Cypress Road shall be, as far east as feasible, to avoid the archaeological site in that area,taking into consideration safety factors. The project levee along the westerly side may have to be moved up to 50 feet east. Miscellaneous conditions 82. Prior to recording the final map for the various phases of this project, a soils sampling shall be conducted in those areas of the site where heavy equipment has been stored, repaired facilities, or located where above or below ground storage tanks are or were located. Should contaminated soil be identified, removal and remediation of the material shall occur prior to excavation or construction activities commence in these areas. The Contra Costa County Health Services Department shall supervise and authorize any soil sampling procedures and remediation. Prior to recording the final map for various phases of this development, any existing water wells in that area or septic tank leach fields shall be properly removed under County Health Department authorization. 83. The applicant may construct up to 200 secondary units in addition to the 1 ,330 units. The units can be duets, or attached or detached units. These units shall be subject to the administrative approval of the Zoning Administrator. These units are exempt from contributions made on a voluntary basis. Consideration may be given to exemptions from other fees and contribution to keep these units in the affordable price range. Road and Drainage 84. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department. In accordance with Section 92-2.006 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. A. Install street lights and annex 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, Transportation Engineer- ing Division. B. Underground all utility distribution facilities, including the existing utilities along the Bethel Island Road and Sandmound Boulevard frontages. The underground- ing of utility distribution facilities does not require undergrounding of the 500 KV PG &E facilities. 19 C. Submit improvement plans prepared by a registered civil engineer, payment of review and inspection fees, and security for all improvements 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 Public Works Department, Transportation Engineering Division. DRAINAGE IMPROVEMENTS D. Convey all storm waters entering or originating within the subject property (including the outside slopes of the levee), without diversion and within an adequate storm drainage facility, to an adequate, publicly maintained pump station. The pump station location and design shall be subject to the review of the Public Works Department, and the review, approval and acceptance by Reclamation District 799. E. The Ordinance Code prohibits discharge of storm waters to roadside ditches. However, as roadside ditches are characteristic of the area, an exception from this requirement is granted provided the applicant verifies the adequacy of the downstream ditch system and constructs any necessary improvements to make this system adequate to a point where the flow will be accepted by Reclama- tion District 799. F. The Ordinance prohibits discharging storm waters into the Contra Costa Canal or any other water conveyance or impounding facility for domestic water consumption. G. Install, within appropriate drainage easements, any portion of the drainage system which conveys run-off from public streets. H. The applicant shall submit a lake management plan for review by the Public Works Department, Reclamation District 799, the Health Department and the Zoning Administrator. The plan shall be approved by the Board of Supervisors. The lake management plan shall provide for control of a stable lake level, control of bank erosion due to wave action, control of aquatic plants and algae, desiltation, control of chemicals used within the project, including those used for lake maintenance, households and the golf course. The applicant shall include language in the Covenants, Conditions and Restrictions governing use of household chemicals. The plan shall include a plan for compliance with the NPDES. I. Prior to the filing of the first final map the applicant shall provide the Public Works Department with a feasibility study of the proposed drainage system including the proposed detention basin. The study shall address the potential maintenance cost of the system and the reliability of the system taking poten- tial groundwater infiltration and pump failure into account. Other items to consider include: pump failure, lake detention capacity due to water table fluctuation, accelerated siltation of the system due to low velocities, stagnate water, mosquito abatement, odors, and plant and algae growth. Should the 20 maintenance costs exceed the norm in the County, a public entity such as Reclamation District 799 shall provide for perpetual maintenance of the underground drainage facilities. If Reclamation District 799 will not accept the underground storm drain system for maintenance, the on site roads and drainage shall be private facilities, and privately maintained. Any detention basin, however, must be maintained by a public entity as required by Ordinance Code. Improvements not to be accepted by Reclamation District 799 shall be subject to the review and approval of the Public Works Department. This study shall be subject to the review of the Public Works Department, Reclamation District 799 and the review and approval of the Zoning Administrator. J. Prior to filing of the first final map the applicant shall provide a list of which facilities are proposed to be maintained by which public entity, or by a private entity. The list shall be subject to the review of the Public Works Department, Engineering Services Division, Reclamation District 799 and the review and approval of the Zoning Administrator. K. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. LEVEES L. The proposed levee system shall be constructed to FEMA, U.S. Army Corps of Engineers, Reclamation District 799 and County standards subject to the review and approval of Reclamation District 799. The trails and other associated planning issues shall be subject to the review and approval of the Zoning Administrator. If Reclamation District 799 does not accept the levee for maintenance, it shall be maintained by another public entity subject to the review and approval of the Zoning Administrator. M. Landscaping of the levees shall be subject to the review of FEMA, Reclamation District 799, and the entity which will accept the levee for maintenance, and the review and approval of the Zoning Administrator. N. The applicant shall submit the final groundwater monitoring plan for review by Reclamation District 799 and the review and approval of the Zoning Adminis- trator prior to beginning any construction that requires dewatering to com- mence. 0. Observe a 100 foot setback from the centerline of all levees unless a reduction is allowed subject to the review of Reclamation District 799 and the review and approval of the Zoning Administrator. P. Grant land rights to Reclamation District 799 pursuant to the standards and requirements of Reclamation District 799, subject to the review and approval of the Zoning Administrator. 21 RIGHT OF WAY DEDICATIONS Q. Convey to the County, by Offer of Dedication, additional right of way along the project frontage of Bethel Island Road (north of Cypress Road) as required for the planned future half-width of 65 feet. The right of way shall provide for ultimate dual left turn lanes at the Cypress Road-Bethel Island Road intersec- tion. R. Convey to the County, by Offer of Dedication, additional right of way along the project frontage of Sandmound Boulevard as required for the planned future half-width of 45 feet. The right of way shall widen at the Bethel Island Road intersection to provide for a left turn lane from westbound Sandmound Boulevard traffic to southbound Bethel Island Road. S. Convey to the County, by Offer of Dedication, 55 feet of right of way for the planned future road along the westerly property line south of Cypress Road. This 55 feet of right of way will be the easterly half width of a 110 foot right of way for the ultimate extension of Bethel Island Road southerly to Rock Slough. The westerly portion of right way will be acquired with the develop- ment to the south or west of this project. The right of way dedicated shall widen to a 60 foot half-width within 300 feet of the intersection of Cypress Road. The alignment shall be to arterial standards, and subject to the review of the Public Works Department and the review and approval of the Zoning Administrator. The dedication and road alignment described above shall be modified as necessary to protect the cultural resources on the subject property or on the property to the west. This area of concern extends from the North Line of the South half of Sections 27 and 28 (centerline of existing Cypress Road) south 465 feet. South of this point the road alignment shall transition back to centering on the westerly project property line. If the Hotchkiss Mound extends beyond 465 feet south of the centerline of the existing Cypress Road, then the right-of-way shall be designed to allow construction of a road that will preserve the cultural resource, as recommended in the report discussed below. Surface and subsurface archaeological testing and reports determining the eastern boundary, between Cypress Road and 465 feet south of Cypress Road, of archaeological site CA-CCO 138 (the Hotchkiss Mound) on the property immediately to the west of the project property (Dal Porto property) shall be conducted by the project applicant, and provided to Contra Costa County along with a proposed alignment for the planned future road based on the archaeolog- ical reports, within three months of approval of rezoning. Consideration shall be given to an appropriate buffer area and/or barrier,to protect the eastern boundary of archaeological site CA-CCO-138. The archaeologist shall be selected and compensated by the project applicant. Given the results of the CA-CCO-138 report and the reports defining the limits of CA-CCO-139 (the Simone Mound) contained in the Cypress Lakes and Country Club EIR, the right- of-way, including slope easements, for the planned future road and its 22 intersection with Cypress Road shall be designed to avoid or preserve and to cause the least possible impact, to the cultural resources on the project property and the Dal Porto property to the west. The report shall include recommendations for the design of Bethel Island Road South of Cypress Road to protect the cultural resources as described above. That portion of the approved right-of-way which falls on the project property will be conveyed to the County, by Offer of Dedication. The archaeological report determining the 465 feet of the eastern boundary of CA-CCO-138 and the proposed location of the road right-of-way shall be subject to the review and approval of the Zoning Administrator. The property owner to the west, the California Northwest Archaeological Information Center, the Archaeological Conservancy, the Office of Historic Preservation, and the Native American Heritage Commission shall be notified and given two weeks from the date of receipt by each agency to review and comment upon the report and the right-of-way location prior to its approval. Depending on these comments, the Zoning Administrator may require a peer review of the archaeological report on CA-CCO-138 by another qualified archaeologist. The location of the right-of-way shall be reviewed and approved by the Public Works Department prior to issuance of grading permits for the construction of any portion of the levee that might affect this road alignment, or prior to the filing of any final map that may affect this road alignment, whichever comes first. T. Relinquish abutter's rights of access along all proposed public arterial and major collector roads with the exception of access points approved with this project. ON-SITE ROADWAY IMPROVEMENTS U. Construct the on-site public roads to County public road standards, and convey to the County, by Offer of Dedication, the corresponding right of way. Roads which shall be private roads shall be constructed to County private road standards, subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. V. On all public roads with longitudinal slopes of eight percent or less, all public pedestrian access ways shall be designed in accordance with Title 24 (Handicap access). This shall include all driveway depressions as well as handicap ramps. W. Construct a new three leg intersection at Cypress Road and Bethel Island Road, and adequate approaches to this intersection. The improvements shall provide for two through lanes along each leg in each direction, and shall extend 1 ,000 feet along each of the three legs of the intersection. The intersection shall have the turn lane requirements shown in Figure 3.2-13 of the DEIR. This intersec- tion shall be designed so that it will ultimately be consistent with a future extension to Byron Highway south of the intersection, and any realignment of Cypress Road to a location north of the existing Cypress Road roadway and 23 above the flood plain. The 1 ,000 foot section of Cypress Road shall also be realigned north of the existing Cypress Road roadway and above the floodplain to match the proposed improvements to Subdivision 7588. The final design of the vertical curvature of Cypress Road where it crosses the levee shall be approved prior to filing of the first final map. Traffic signals shall be installed at this intersection and put into operation prior to issuance of the 500th building permit, or sooner if needed. The need for the signal shall be analyzed by the Public Works Department prior to filing the final map for each phase, and installed if needed, prior to issuance of the 500th building permit. The Zoning Administrator will consider, subject to the review of the Public Works Department, Engineering Services Division, allowing construction of an interim configuration of the intersection if it can be shown to operate in a safe and efficient manner. The applicant will be required to submit a conceptual plan for the interim and ultimate intersection configuration subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. In any event, the applicant shall construct the ultimate intersection improvements prior to issuance of the 500th building permit. The location of the Cypress Road-Bethel Island Road intersection shall be subject to the review of the Public Works Department, Transportation Engineering Division, and the review and approval of the Zoning Administrator. X. The following design speeds shall be used for the design of the levee crossings of public roads, and the design of off-site roadways. Cypress Road extension: 35 MPH for the easterly levee crossing. The north-south collector: 35 MPH for both the north and south levee crossing. Sandmound Boulevard: 45 MPH. Bethel Island Road and the off-site portion of Cypress Road: 60 MPH. The design speed for the westerly levee crossing of the Cypress Road extension shall be reviewed by the Public Works Department and reviewed and approved by the Zoning Administrator. Y. The following design speeds shall be used for the internal road system: 35 MPH for Cypress Road between Cypress Lakes Drive and Sandmound Boulevard, 35 MPH on the north-south collector between Sandmound Boulevard and the southerly property line. The design speed of Cypress Road between Bethel Island Road and Cypress Lakes Drive shall be reviewed by the Public Works Department and reviewed and approved by the Zoning Administrator. Z. Construct road improvements along the frontage of the Cypress Road extension. 24 a. Construct necessary longitudinal and transverse drainage (longitudinal drainage may be in open drainage ditches), and necessary pavement widening along the frontages will satisfy this requirement. The minimum pavement half-width shall be 20 feet. A ten foot recovery area shall be required between the edge of pavement and the top of bank of the drainage ditch. Prior to issuance of the 1 50th building permit, construct the extension of Cypress Road frorn Bethel Island Road to Sandmound Boulevard to a minimum width of 28-feet at ultimate line and grade. AA. Prior to issuance of the 1000th building permit, construct the proposed north- south collector between Cypress Road and Sandmound Boulevard to provide secondary access. AB. Construct turn lanes and tapers on Cypress Road on the east side of Cypress Lakes Drive to Caltrans standards subject to the review and approval of the Public Works Department, Engineering Services Division. AC. Provide a 60-foot wide right-of-way (and necessary slope easements) for a future roadway connection to the property south of Cypress Lakes and construct the road to the top of the project levee. This roadway connection would be a secondary access to the project to the south. It should be opened for traffic only after Bethel Island Road is extended south to provide the main access to development of the property to the south. AD. Provide deed notification to triose parcels that abut the road that is to be extended to the property to the south, and install signage at the end of the road, to inform prospective property owners that it may be extended in the future. AE. Provide a signal at the proposed Fire Station subject to the review of the Public Works Department, Engineering Services Division and the Fire District. This signal shall be in operation prior to occupancy of the fire station. This signal shall be interconnected to the signal at the intersection of Cypress Road and Bethel Island Road. AF. The entrance to the public park containing the ball fields shall be a street-type connection with 20-foot radius curb returns. AG. All trail and golf cart crossings of public roads shall be designed for proper stopping sight distance and signed subject to the review and approval of the Public Works Department, Engineering services Division. AH. On road bicycle paths shall be provided as shown in Figure 3.9-3 of the DEIR. The required collector road extension to the southerly property line shall be wide enough to accommodate an on-street bicycle path. 25 AL The intersections of Maple Court and Willow Court and the intersections of Redwood Court and Ash Court with Park Place Circle are located too close together. The minimum distance between intersections should be 150 feet. AJ. The 1/2 cul-de-sac on Pasa Tiempo Court shall be eliminated or made into a full cul-de-sac. AK. The alignment of the Cypress Road extension to Sandmound Boulevard shall be subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. The alignment shall rniss the "Not a Part" properties (Coleman, Ogren, Dannelley properties) within the project limits, or they shall be purchased in whole or in part by the applicant. AL. Construct a separated bicycle/pedestrian facility along the frontage of Bethel Island Road. This facility may be located on top of the levee provided all approving agencies allow the placement of a trail facility on top of the levee. Access from the trail shall be provided to the intersection of Bethel Island Road and Sandmound Boulevard and at the at grade crossings of all public roads. Provide an easement at the southwest corner of the project for a future access from the levee trail to the southerly extension of Bethel Island Road. These access points shall conform to the requirements of the Americans with Disabilities Act. LANDSCAPING AM. Install permanent landscaping and automatic irrigation facilities within the parkway and median areas, and install interim landscaping features within the future road areas, if any. All work shall be done in accordance with the guidelines and standards of the County. Funding of, and maintenance of, the new plantings shall be guaranteed by the developer until the expiration of the plant establishment period and, until funds are available through a landscaping district. AN. 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, parkways and other areas ("open space" and the levee landscaping is specifically excluded). AO. Submit two sets of landscaping plans and an estimate of improvement costs prepared by a licensed landscape architect to the Public Works Department, and pay the plan review and field inspection fees at least six weeks prior to the filing of the first final map. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their maintenance by the County after final inspection is cleared. 26 FRONTAGE IMPROVEMENTS AP. Construct road improvements along the frontage (east half) of Bethel Island Road. a. Constructing necessary longitudinal and transverse drainage(longitudinal drainage may be in open drainage ditches), necessary pavement widening to obtain the ultimate half-width, and the median island (including surface treatment and/or landscaping and automatic irrigation facilities) along the frontage will satisfy this requirement. A ten foot recovery area shall be required between the edge of pavement and the top of bank of the drainage ditch. These improvements shall be constructed prior to the filing of any final map which takes access from Sandmound Boulevard along the northern portion of the property. b. In lieu of constructing the rnedian island (including surface treatment and/or landscaping and automatic irrigation facilities) the applicant shall place a cash deposit in the Road Improvement Trust (Fund No. 819200- 0800) for the future construction of a half width of the median island (including surface treatment and/or landscaping and automatic irrigation facilities) when the other half of Bethel Island Road is improved. AQ. Construct road improvements along the frontage of Sandi-nound Boulevard along the northern and eastern project boundaries. a. Construct necessary longitudinal and transverse drainage (longitudinal drainage may be in open drainage ditches), and necessary pavement widening along the frontages will satisfy this requirement. The minimum pavement half-width shall be 20 feet. A ten foot recovery area shall be required between the edge of pavement and the top of bank of the drainage ditch. b. The road improvernents along the northerly Sandmound Boulevard frontage of this property shall be constructed prior to the filing of any final map which provides access to Sandmound Boulevard along the northerly property line. C. The Sandmound Boulevard road improvements along the eastern property line of this property shall be constructed prior to the 150th building permit, subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. OFF-SITE ROADWAY IMPROVEMENTS AR. Construct safety improvements at the Cypress Road - Jersey Island Road intersection if the Public Works Department, Engineering Services Division, finds that they are warranted prior to construction by the developer of 27 Subdivision 7588. A condition of approval will be included in the conditions of approval for Subdivision 7588 which will require the developer of Subdivision 7588 to reimburse the developer of Subdivision 7562 for intersection work which they performed at the Cypress Road - Jersey Island Road intersection. AS. The access to the "Boat & RV Storage & HOA maintenance center" off of Sandmound Boulevard should be a rninimum of 26 feet wide (14 foot inbound and 12 foot outbound lanes). The entrance to the access road should provide curb returns of sufficient radius to allow vehicles to enter and exit without blocking both lanes of traffic on Sandmound Boulevard. AT. The applicant shall contribute $25 per unit to the Road Improvement Trust (Fund No. 819200-0800) designated toward the improvement of the State Highway 4 - Cypress Road intersection. The applicant shall perform a traffic signal warrant analysis subject to the review of the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator prior to the completion of each phase of this Subdivision which cumulatively creates each additional 500 unit increment in the Bethel Island Bonus Area to determine if improvements are needed at this intersection. The applicant shall construct the required improvements when needed. AU. Contribute $30,000 to the Road Improvement Trust (Fund No. 819200-0800) designated for the Oakley/North Brentwood Area of Benefit as this projects fair share of improvements to the State Route 4/Neroly Road intersection. $30,000 is approximately 10% of the estimated cost of improving this intersection as required by mitigation measure 3.2-14 of the project EIR. The $30,000 shall be paid in $10,000 increments with the filing of the final maps for the first three phases. AV. Contribute $660 per unit to the Road Improvement Fee Trust (Fund No. 819200-0800) for sub-regional improvements to the Laurel Road Corridor consisting of the applicant's share of construction of the Cypress Road - Laurel Road connection from State Highway 4 to Machado Lane and for widening Laurel Road from State Highway 4 to the proposed State Route 4 Bypass. AW. Prior to issuance of the 1 500th building permit in the Bethel Island off island bonus area, Cypress Road between State Route 4 and Machado Lane shall be widened to provide two 1 2-foot lanes with 8-foot paved shoulders. Reimburse- ment to the developer that constructs this improvement shall come from the Bethel Island Area of Benefit in proportion to the cost of this improvement in the project list of the Area of Benefit's Development Program Report. AX. The applicant shall contribute $1 ,726 per single farnily unit to the Road 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. ' 28 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. AY. The Bethel Island Road/Sandnnound Boulevard intersection shall be improved and widened, and oleft turn lanes shall beconstructed. SgndrnoundBou|evord shall be realigned to o right-angle intersection at Bethel island Road. The realignment shall allow for the extension of Sandnnnund Boulevard tOthe west of Bethel Island Road without conflicting with the drainage channel on the west side of Bo1ho| Island Road. These improvements, plus a traffic signal at Sandnmnund Boulevard and Bethel |o|end Road' shall be installed prior tOthe filing ofany final nlnpwhich provides access toSondrnound Boulevard along the northerly property line. /\Z. Contribute $340 per dwelling unit to the Road Improvement Fee Trust (Fund No. 8192O0'O8OO) for the extension 0fByron Highvvayf/onl Delta Road tVthe intersection ofCypress Road and Bethel Island Road. ` 8A. Prior to issuance of the 100th building permit in the Bethel Island off island bonus area, construct 0avennen1 widening for left turn channe|izatinn at the intersections of Sellers Avenue and Knightnen Avenue with Cypress Road subject to the review of the Public Works Department and the review and approval ofthe Zoning Administrator. All pavement shall beatultimate line and grade. BB. Prior to issuance of the 1 000t building permit in the Bethel Island off island bonus area, install traffic signals atthe Sellers Avenue and Knightaen Avenue intersections with Cypress Road, orsooner ifneeded. The need for the signals ' shall be analyzed subject to the review of the Public Works Department, and the review and approval ofthe Zoning AdnniniotratO/, prior tofiling the final map for each phase, and installed if needed, prior to issuance of the 1 000t building permit. BC. Prior to issuance of the 1000th building permit in the BoLhm| island off island bonus area widen Cypress Road between Machado Lane and 1OOOfeet east of Knightsen Avenue toafour lane arterial with nnBdien island. The alignment and ' gannnetrion shall be subject to the review of the Public Works DapanLnnant' Engineering Services Divisinn, and the review and approval of the Zoning Administrator. BO. The applicant shall perforrn a Survey of the pavernent condition on Cypress Road between State Route and Bethel Island Road prior tothe commence- ment of any work on site, and after completion Ofeach phase. The surveys shall be subject tothe review and approval of the Public Works Department. The applicant shall perform any necessary renoedia| vvO/k to the surveyed portion Of Cypress Road prior to the filing of the find map for the next phase, subject to the review of the Public VVnrka Department and the review and approval of the Zoning Administrator. 29 BE. Submit a sketch plan to the Public Works Department, Transportation Engineering Division, for review showing all off-site public road improvements prior to starting work on the improvement plans. This shall include the improvements at the Cypress Road - Bethel Island Road intersection, the Cypress Road extension through the project and the construction of Sand- mound Boulevard along the northerly and easterly boundaries of this project. The sketch alignment plan shall be to scale and show proposed and future curb lines, drainage ditches, right of way, lane striping details, lighting and cross sections. The sketch alignment plan shall also include sufficient information to show that adequate sighfdistance has been provided. The sketch plan shall include an alignment for Cypress Road between State Route 4 and Bethel Island Road which shall be approved by the Zoning Administrator prior to filing the first final map. BF. Furnish proof to the Public Works Department, Engineering Services Division, of the acquisition of all necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. BG. If, after good faith negotiations, the applicant is unable to acquire necessary rights of way and/or 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 Act. BH. The Zoning Administrator shall determine the amount of credit the developer may receive against the Area of Benefit fee for roadway improvements installed by the developer. Credit may be given for improvements even if they are not programmed in the Capital Improvement Program within three fiscal years after final map approval. If the Zoning Administrator determines that a 100% credit is not allowed, then the developer shall pay the difference in the AOB fee and may receive reimbursement pursuant to a reimbursement agreement. Any credit or reimbursement shall be based on the cost estimates included in the Area of Benefit Development Program Report and only in proportion to each specific Area of Benefit improvement which the applicant is installing. The developer shall contact the Public Works Department, Transportation Engineer- ing Division, to determine the extent of 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. The applicant shall be allowed full credit for the portion of the Cypress Road dxtension between Bethel Island Road and Sandmound Boulevard which the applicant constructs which is included in the Bethel Island subarea of the Countywide Area of Benefit. Full credit will be allowed up to the amount specified in the Area of Benefit project list for the Cypress Road extension. 30 TRANSIT BI. Comply with the County TDM Ordinance, and the Growth Management Program, and the Bay Area Air Quality Management District regulations regarding transportation. TDM measures that could be used by the project applicant include the provision of -naps showing available transit routes, and providing information on ridesharing and vanpool services to prospective homebuyers. BJ. Provide for future transit by providing bus turnouts on Cypress Road at the intersection of Cypress Lakes Drive and at appropriate locations along Cypress Lakes Drive, Sandmound Boulevard, Bethel Island Road, Cypress Road, and Country Club Drive. The location of the turnouts shall be subject to the review and approval of Tri-Delta Transit. Deposit sufficient monies, as determined by Tri-Delta Transit, for bus stop shelters, bicycle racks, and bicycle lockers to be installed by Tri-Delta Transit once regular transit service to the area begins. The deposit of monies for the bus stop facilities shall be made with the filing of each final map that constructs a bus turnout. BK. All homes shall be wired for telecommuting purposes. BL. Provide a park-and-ride lot within the parking area for the ball fields subject to the review of the Public Works Department, and the review and approval of the Zoning Administrator. The park and ride lot shall have a capacity of 65 spaces. Provide adequate parking for the combined use of the park-and-ride lot and the ball field complex. Provide bicycle racks and lockers. The design of the park and ride portion of the parking lot, including bicycle racks and lockers shall be subject to the review and approval of the Zoning Administrator. BM. The design of community facilities, such as a clubhouse or a community park, shall provide for. and encourage the use of bicycles. At a minimurn this shall include bicycle racks and bicycle lockers. As an example, providing lockers at the clubhouse to store golf clubs would allow residents to bicycle to the golf course, rather than drive to the golf course with their clubs. 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 this property. 31 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, 1701 Nimbus Road, Rancho Cordova, California 95769, 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 shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construc- tion 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) E. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit, Bethel Island subarea as adopted by the Board of Supervisors. F. Comply with the requirements of Reclamation District #799 including but not limited paying permit fees and water quality programs. G. Comply with the requirements of the Ironhouse Sanitary District. H. Comply with the requirements of the Oakley and/or Bethel Island Fire Protection Districts or their successor. I. Comply with the requirements of the Health Services Department, Environmental Health Division. J. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. K. Comply with the requirements of the Oakley Water District. L. The applicant will be required to pay an environmental review fee of $875 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. M. 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 (CPII 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. 32 N. This project is subject to the development fees in effect under County Ordinance as of November 2, 1990, the date the vesting tentative map application was accepted as complete by the Community Development Department. These fees are in addition to any other development fees which may be specified in the conditions of approval. The. fees include but are not limited to the following: Park Dedication: $1 ,350 per unit except as reduced by the provision of public parks. If the project applicant requests partial or full waiver of park fees for the provision of private or public parks pursuant to Ordinance Code Section 920-8.002, the Board of Supervisors shall be the planning agency that will determine this issue. AB/aa SUBXIII/7562C.AB 4/1/93 4/5/93-EC (a) 5/27/93