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HomeMy WebLinkAboutMINUTES - 07181995 - D9 �1 IN THE BOARD Of SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ADOPTED this Order on July 18, 1995 by the following vote: AYES: Supervisors Rogers, DeSaulnier, Torlakson, Bishop NOES: None ABSENT: Supervisor Smith ABSTAIN: None RESOLUTION NO. 95/337 SUBJECT: In the Matter of the Kaufman and Broad ) General Plan Amendment #8-93-EC ) The Board of Supervisors of Contra Costa County RESOLVES THAT: There is filed with this Board and its Clerk a copy of Resolution No.17-1995 adopted by the East County Regional Planning Commission which discusses a General Plan Amendment in the Bay Point Area (County File #8-93-EC) On Tuesday, July 18, 1995, the Board held a public hearing on said General Plan Amendment discussed by the East County Regional Planning Commission, Resolution No. 17, 1995. Notice of said hearing was duly given in the matter required by law. The Board at the hearing, called for testimony of all persons interested in this matter. The Board closed the public hearing and APPROVED the General Plan Amendment and directed staff to include the Kaufman and Broad General Plan Amendment into one of the consolidated general plan amendments as allowed by State Planning Law. I hereby certify that this Is a true and Correct Ct)pyOf an action taken and entered on the minutes Of the Board of Su ISO on t e ATTESTED: PHIL BA HE Jerk of the Board Contact: Jim Cutler (510-646-2034) pe rsar TAdministrator By D ,Deputy cc: Community Development Department (CDD) Public Works Department CAO County Counsel RESOLUTION NO. 95/337 JWC1995/drb/GPA.K&B D.9a BOARD OF SUPERVISORS Contra Costa FROM: HARVEY E. BRAGDON _ % DIRECTOR OF COMMUNITY DEVELOPMENT ounty DATE: May 9, 1995 SUBJECT: KAUFMAN AND BROAD GENERAL PLAN AMENDMENT SPECIFIC REQUEST (S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 . Open public hearing and receive testimony on the proposed general plan amendment request. 2 . Close the public hearing and concur with the Zoning Administrator that the Kaufman & Broad Final Supplemental Environmental Impact Report is adequate for county decision making on this project. 3 . Approve the General Plan Amendment as recommended by the East County Regional Planning Commission. 4 . Approve the Draft CEQA Findings and the related mitigation and monitoring plan. FISCAL IMPACT Covered by Developer fees . BACKGROUND/REASONS FOR RECOMMENDATIONS The Kaufman & Broad Company requested a general plan amendment from Open Space to Single Family Residential High Density and open space to allow for 48 residential lots. on the 51 acre Shriner property in the Bay Point area. County staff prepared a Kaufman & Broad Supplemental Environmental Impact Report to deal with this project proposal as it would modify the Evora Road General Plan amendment previousl co ering a larger area than this 51 acre site. The Zoning Admi st for has CONTINUED ON ATTACHMENT: %R YES SIGNAT RECOMMENDATION OF COUNTY ADMINISTRATOR RtCNDAJI OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON July 18, 1995 APPROVED AS RECOMMENDED x OTHER See Addendum for Board action. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT II 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: Jim Cutler (510/646-2034 ATTESTED July 18, 1995 cc: . Community Development Department (CDD) PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS County Administrator' s Office AND COUNTY ADMINISTRATOR Public Works Vince Fletcher (K & B) BY c� , DEPUTY JWC1:drb JWC\bo\K&B Kaufman and Broad General Plan Amendment May 9, 1995 Page Two recommended. Certification of that document and found it adequate for CEQA purposes. The County staff submitted a draft report which called for a scaled down project which limited development to the east side of Driftwood Drive. That report was circulated to public agencies and affected individuals for comment. After two public hearings, the East County Regional Planning Commission recommended approval of a General Plan amendment closer to the original request by the applicant. The plan amendment would allow for up to 46 residential lots on both sides of Driftwood Drive. It is the Commission' s recommendation which is the basis of today' s public hearing. ADDENDUM TO ITEM D.9 JULY 25, 1995 This is the time noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the East County Regional Planning commission on the request by Kaufmann& Broad (applicant) and Shriner Hospital (owners) to amend the county General Plan (8-93-EC) to change the land use designation on approximately 11 acres of a 50 acre parcel from Open Space to Single Family Residential, High Density (5.0-7.2 units per net acre) to allow up to 48 detached units on the site, and a request for approval to rezone a 50.6 acre site from General Agriculture (A-2) to Planned Unit Development (P-1) (3013-RZ), and a request for a Final Development Plan approval for a 48 unit single family residential subdivision (DP 3016-93) in the Bay Point area. Dennis Barry, Community Development Department, presented the staff report on the proposal, commenting on the General Plan Amendment request and the Rezoning and Final Development Plan request. Mr. Barry commented on the Commission recommendations for the General Plan Amendment request and the rezoning request, advising of a modification to Condition 1, to refer to the water tank per the plan submitted with the application packet on August 13, 1993. Robert Farrone, Public Works Department, read an additional requested condition to the Public Works conditions on page 17 into the record, "prior to filing the final map, applicant shall bond the following work and complete it sometime between now and six months following the grading operation. Should the applicant complete the following work prior to filing the final map, then this condition will not apply: 1. Applicant shall clean the drainage channel along the westerly boundary of Riverview Intermediate School from the East Bay MUD property northerly to the drainage pipe entering the trailer park; 2. Applicant shall clean the 24"RCP and the 48"RCP crossing the East Bay MUD property which drains into the channel; 3. Applicant shall obtain rights of entry from the school district to do the work; 4. Public Works Maintenance Division will obtain the Fish and Game permit at the request, expense ($2,000 max.) and in the name of the applicant. Applicant to sign permit prior to applicant starting the channel cleaning operation; 5. Applicant to off-haul all sediment, debris and vegetation; and 6. Should the applicant have trouble obtaining items 3 or 4 above, the Public Works Department has the discretion to revise this condition to achieve the best alternative." Mr. Farrone advised that the applicant has agreed to these conditions. The public hearing was opened and the following persons presented testimony: Mikhail Nisenboym, 3140 Gold Camp Drive, Suite 30, Rancho Cordova, representing Southern Cal Water Company; Vince Fletcher, Kaufmann & Broad; Dennis Karaim, 23 Wharf Drive, Bay Point. The public hearing was closed. Supervisor Torlakson moved approval of the recommendations from the Planning Commission and the staff with the modifications that staff has suggested and the changes the applicant indicated, with an additional recommendation that the Ambrose Park and Recreation District does not want a big park to maintain but would rather have the funds and with a condition relative to the trail system alignment being reviewed by the Zoning Administrator. Supervisor Rogers seconded the motion. Supervisor Torlakson advised that he found that the water route that's objectionable to Southern California Water Company is infeasible according to their testimony. Mr. Barry clarified that the Zoning Administrator final review of the trail system alignment will be prior to filing the final map. Supervisor Torlakson concurred. IT IS BY THE BOARD ORDERED that the East County Planning Commission recommendations and the staff recommendations are APPROVED and Resolution 95/337 determing to amend the General Plan 8-93-EC is ADOPTED; and Rezoning application 3013-RZ and Final Development Plan 3016-93 with amended conditions are APPROVED; and Ordinance No. 95-33 giving effect to the rezoning is ADOPTED. D.9b { E sE L • Contra TO: BOARD OF SUPERVISORS n�I Costa ti.f'au . s County FROM: HARVEY E. BRAGDON ` DIRECTOR OF COMMUNITY DEVELOPMENT. oo; T_ DATE: July 18, 1995 SUBJECT: HEARING ON THE KAUFMAN & BROAD BAY POINT PROJECT, SHRINERS HOSPITAL PROPERTY, REZONING #3013-RZ AND FINAL DEVELOPMENT PLAN #3016-93, A REQUEST TO REZONE APPROXIMATELY 50.6 ACRES OF LAND FROM GENERAL AGRICULTURE DISTRICT (A-2) TO PLANNED UNIT DISTRICT (P-1) FOR 46 SINGLE FAMILY RESIDENTIAL UNITS AND A COMMUNITY WATER TANK. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Open public hearing and receive testimony on the Rezoning and Final Development Plan requests (3013-RZ and DP3016-93) . 2 . Close the public hearing and concur with the Zoning Administrator that the Kaufman & Broad Final Supplemental Environmental Impact Report is adequate for County decision making on this project. 3►. Approve Rezoning #3013-RZ and Final Development Plan #3016-93, ' subject to conditions as recommended by the East County Regional Planning Commission and as amended (Attachment A) . 4 . Approve the Draft CEQA Findings and related mitigation monitoring plan as approved for the General Plan Amendment. 5. Adopt the East County Regional Planning Commission's findings as set forth in Resolution #19-1995 as basis for the Board's determination for this action. 6. Adopt. Ordinance giving effect to aforesaid rezoning. 7. Direct staff to post the Notice of Determination with the County Clerk and the Office of Planning and Research for the above actions. CONTINUED ON ATTACHMENT: X YES SIGNATURE � RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON July 16, APPROVED AS RECOMMENDED x OTHER x See Addendum for Board actions. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT II TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:ART BERESFORD - 646-2031 ATTESTED July 18, 1995 v~ Community Development Department PHIL BATCHELOR, CLERK OF Judy Coons, Auditor-Controller THE BOARD OF SUPERVISORS CAO AND C UNTY ADMINISTRATOR David Joslin, CDD Public Works C7 Kaufman & Broad BY , DEPUTY Shriners Hospital County Counsel AB:df i Page Two FI CAL IMPACT Covered by Developer fees. . BACKGROUND/REASONS FOR RECOMMENDATIONS The Kaufman & Broad Company requested a general plan amendment from Open Space to Single Family Residential High Density and open space to allow for 48- residential lots on the 50. 6 acre Shriner property in the Bay Point area (File #8-93-EC) . County staff prepared a Kaufman & Broad Supplemental Environmental Impact Report to deal; with this project proposal as it would modify the Evora Road General Plan Amendment previously covering a larger area than this 50. 6 acre site. The Zoning Administrator has recommended Certification of that document and found it adequate for CERA purposes. In line with the original staff recommendation for the General Plan Amendment (County File #8-93-EC) staff recommended a scaled down version of the plan limiting the approval to 24 lots with a park area west of Driftwood Drive. At their May 1, 1995 hearing, the East County Regional Planning Commission did not agree to staff's recommendation and instead recommended approval of the project for 46 lots on both side of Driftwood Drive, subject to Commission recommended conditions. 4 ADDENDUM TO ITEM D.9 JULY 25, 1995 This is the time noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the East County Regional Planning commission on the request by Kaufmann&Broad (applicant) and Shriner Hospital (owners)to amend the county General Plan(8-93-EC)to change the land use designation on approximately 11 acres of a 50 acre parcel from Open Space to Single Family Residential, High Density (5.0-7.2 units per net acre)to allow up to 48 detached units on the site, and a request for approval to rezone a 50.6 acre site from General Agriculture (A-2)to Planned Unit Development (P-1) (3013-RZ), and a request for a Final Development Plan approval for a 48 unit single family residential subdivision (DP 3016-93) in the Bay Point area. Dennis Barry, Community Development Department,presented the staff report on .the proposal, commenting on the General Plan Amendment request and the Rezoning and Final Development Plan request. Mr. Barry commented on the Commission recommendations for the General Plan Amendment request and the rezoning request, advising of a modification to Condition 1,to refer to the water tank per the plan submitted with the application packet on August 13, 1993. Robert Farrone,Public Works Department,read an additional requested condition to the Public Works conditions on page 17 into the record, "prior to filing the final map, applicant shall bond the following work and complete it sometime between now and six months following the grading operation. Should the applicant complete the following work prior to filing the final map,then this condition will not apply: 1. Applicant shall clean the drainage channel along the westerly boundary of Riverview Intermediate School from the East Bay MUD property northerly to the drainage pipe entering the trailer park; 2. Applicant shall clean the 24" RCP and the 48"RCP crossing the East Bay MUD property which drains into the channel; 3. Applicant shall obtain rights of entry from the school district to do the work; 4. Public Works Maintenance Division will obtain the Fish and Game permit at the request, expense($2,000 max.)and in the name of the applicant. Applicant to sign permit prior to applicant starting the channel cleaning operation; 5. Applicant to off-haul all sediment, debris and vegetation; and 6. Should the applicant have trouble obtaining items 3 or 4 above,the Public Works Department has the discretion to revise this condition to achieve the best alternative." Mr. Farrone advised that the applicant has agreed to these conditions. The public hearing was opened and the following persons presented testimony: Mikhail Nisenboym, 3140 Gold Camp Drive, Suite 30, Rancho Cordova, representing Southern Cal Water Company; Vince Fletcher, Kaufmann& Broad; Dennis Karaim, 23 Wharf Drive,Bay Point. The public hearing was closed. Supervisor Torlakson moved approval of the recommendations from the Planning Commission and the staff with the modifications that staff has suggested and the changes the applicant indicated,with an additional recommendation that the Ambrose Park and Recreation District does not want a big park to maintain but would rather have the funds and with a condition relative to the trail system alignment being reviewed by the Zoning Administrator. Supervisor Rogers seconded the motion. Supervisor Torlakson advised that he found that the water route that's objectionable to Southern California Water Company is infeasible according to their testimony. Mr. Barry clarified that the Zoning Administrator final review of the trail system alignment will be prior to filing the final map. Supervisor Torlakson concurred. IT IS BY THE BOARD ORDERED that the East County Planning Commission recommendations and the staff recommendations are APPROVED and Resolution 95/337 determing to amend the General Plan 8-93-EC is ADOPTED; and Rezoning application 3013-RZ and Final Development Plan 3016-93 with amended conditions are APPROVED; and Ordinance No. 95-33 giving effect to the rezoning is ADOPTED. ATTACHMENT A CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3016-93 AND REZONING 3013-RZ AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION ON MAY 1 ,1995 Findin-gs A. The applicant intends to commence construction in two and one-half years from the effective date of zoning change and plan approval. B. The planned unit development is consistent with the County General Plan. C. The planned unit development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. D. The planned unit development is a harmonious integrated plan justifies exceptions from the normal application of the code. General 1. PFieF te filing the final Map, aF8a west ef DFiftweed DFive shall be designated feF 8 pad(�epen fields and Lets and 26 shall be desigFiated feF Fee The prb)et appt4vE�1 for 45 single fern�)y tots a1�r�g with open space ar3d carr�rr,u �ty ::.:. ...: ..::::...... . ....:..:. Water tar►k generally as$hovsrn o revised C lara r served t tie Gist County Regional ............................................................................................................................... Planr3�ng CornritsS�oneetrrtg pf Slav:::> << 995 2. The approval is for a three (3) year period which may be extended for an additional three (3) years. An extension request must be submitted prior to expiration of the initial approval and must be accompanied by the appropriate filing fee. An extension request is subject to review and approval of the appropriate hearing body. 3. The approval of the Rezoning/ Preliminary Development Plan 3013-RZ, and Final Development Plan 3016-93 shall run concurrently with the time limits of SUB #7838. 4. A phasing program may be submitted for the review and approval of the Zoning Administrator. Request for phasing must be accompanied by the appropriate review fee. 5. This subdivision is approved contingent upon approval of the rezoning request (3013- RZ) from A-2 to P-1/OS. 2 6. Covenants, Conditions and Restrictions shall be submitted for review with the Final Subdivision Map, and shall be subject to review and approval by the Zoning Administrator. This document shall provide for establishment, ownership and maintenance of the common open space parks, and parking, fire protection, fencing, private streets and drainage maintenance, keeping of pets and establishment of signs. The Covenants, Conditions and Restrictions (CC & Rs) developed for this project shall include the following deed restrictions: A. (Example) No recreational vehicle, boat, boat trailer or mobilehome shall be stored on the site overnight. Exterior materials and colors shall not vary from the palette approved for the original homes. 7. At least 30 days 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. S. 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 of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. 9. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the applicant shall record the following notice: "The subject property is located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potential adverse health effects _ caused by the exposure to a magnetic field generated by high Voltage lines. Although much more research is needed before the question of whether magnetic fields actually cause adverse health effects can be resolved, the basis for such an hypothesis is established. At this time no risk assessment has been made." When a Final Subdivision Public Report issued by the California Department of Real Estate is required, the applicant shall also request that the Department of Real Estate insert the above note in the report. ' AD 3 10. Guide for development and use provisions for this site shall be as follows: *A Setback Of _ sidential unit, shall be 20 feet Garages+ sYjal have a setback of at least 17..50.feet end`. ' a #eetcars be alfawed#or Ilsvtng areas of a-residence`. Sideyard minimum shall be 5 feet with an aggregate sideyard of 10 feet. The R-6 zoning district shall be used as a guide for the height, or lot coverage of the site as well as the location of any detached sheds or outbuildings except that sheds and outbuildings shall be limited to a height of 12 feet. B. Prior to the issuance of building permits, the applicant shall submit samples of color and exterior materials for the review and approval of the Zoning Administrator. Tl a home de0106a j 8c ff and as dcated vn the addsfsonai elevations dated reGpiued Aprrl 1$; 1995 y the orhmun:ty Deve lopm eAtDftatrnsnt. The fences between lots shall be of solid wood and shall be 6-feet high. The residences of this development shall be finished in suitable color and shall be complimentary. C. At least 15 days prior to issuance of building permits for the project a fit plan showing the location of.planned homes shall be submitted for the Zoning Administrator's review and approval. The plan shall include information on the number of stories planned for the residence for each lot and the proposed setbacks. Child Care 11. Provision of a Child Care Facility or program is required for this development. The program shall be submitted for the review and approval of the Zoning Administrator prior to the filing of the Final Map. Police Service District 12. 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 approval. The tax shall be the per parcel annual amount (with appropriate future CPI adjustment) then established at the time of voting by the Board of Supervisors. The election to provide for the tax shall be completed prior to the filing of the Final Map. The property owner shall be responsible for paying the cost of holding the election, payable at the time that the election is requested by the owner. "Denotes Mitigation Measures . 4 Indemnification 13. Pursuant to Government Code Section 66474.9,the applicant(including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa County Planning Agency and its agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents, officers, or employees to attack, set aside,.void, or annul, the Agency's approval concerning this subdivision map application, which action is brought within the time period provided for in Section 66499.37..'The County will promptly notify the subdivider of any such claim, action, or proceeding and cooperate fully in the defense. Trails/Ogen Sgace *14. A. The 39.56 acre portion of the Shriner's property to remain in open space (Parcel A and Parcel B) shall be deed restricted as permanent open space. 13.An area equivalent e thefrefeet site-in—si=^ (8ppFeXiFnately 11 aeFes) *15. Provide a dedicated east-west trail easement through the project to connect with Skyline I at the south end of Powell Court. Homeowners Association Formation *16. Prior to filing the map, the applicant shall create FneehaRism Map.. �3prtat£ meehan�sM to provide for the continued maintenance of permanent open space on Parcels A and B per County General Plan policy. Gradin *17. Prior to filing the map, the applicant shall establish a Geologic Hazards Abatement .District (GHAD) and identify a district with a perpetual source of funding. *18. The applicant shall make provision for access to the hillside area behind proposed Lots 14-25 and 34-45. *19. A. The proposed 2:1 graded slopes in the project shall have either brow ditches or berms at the crest of control surface run-off. These drainage structures shall be underlain by subdrains. B. Roof gutter water shall be intercepted by a closed conduit and directed to storm drainage facilities in the proposed roadways. *Denotes Mitigation Measures 5 C. The surface run-off collected by the drainage terrace located down slope from the 1.0-million gallon reservoir shall be connected to storm drainage facilities. :.: •~�aeeeSS .ead .e the ,It drainage tac:lrtres are subf,rct toevtew ......... .... end a) P tau l of e Qr my P but t rk Department D. All slopes, drainage terraces and subdrains shall be maintained by a Geologic Hazard Abatement District or Homeowners Associations:.oter;;.appropraate ti in accordance with a maintenance plan and schedule prepared by a registered civil engineer/engineering geologist. *20. A. Graded slopes shall be contour graded to mimic natural terrain features. Hillside areas where special care is needed include the -hillside area south of Lots 24 and 27; the slope at the rear of Lot 42; and grading for the 1.0-million gallon water reservoir, including grading for the access road. B. . f?srt�r toievelapms;nt of the sre a dezarled plan #br ile pub)rc arr3erarty stall f}e $ubrnttted to the: Zornng Administeetar for �evr�uv 8nC1 8pproval The Pub(I'o: amenity shall be snstalled prfor to occupancy of the r�srden�es of. tfiis Oevel4pmeri *21. A. The grading concept shall be refined to create a cut pad for the reservoir. The reservoir shall be setback adequately from the cut/fill transition so that it is not supported by severely weathered rock. B. The connections of water lines shall be designed to have flexibility necessary to accommodate anticipated vertical and horizontal movement. C. The revised grading plan shall be subject to technical review by the Community Development Department prior to issuance of construction permits. D. The engineering geologist for the project shall prepare an as-graded geologic map of the cut pad and keyway excavation. It shall show the details of observed features and conditions including (1) stratigraphic units (i.e., beds), (2) structural features (orientation of bedding, dominant jousting, shear zones) and (3) weathering profile (estimate effect of weathering on strength character- istics of exposed rock). The developer shalt abrcle by whatever agreement�s X. WWW . ed �ut_between Southern Cel�fornaa mater Go arrd Contra CQSta bounty' *22. Prior to construction of the water tank, the applicant shall enter into good faith negotiations with the property owners to the west of the reservoir and affected petroleum companies for use of the existing roadway to the ridgecrest. A report of the outcome of the negotiations signed by both parties shall be provided for review and approval of the Zoning Administrator. *Denotes Mitigation Measures fi DPtPntinn Bacin *23. Prior to filing the final map, the applicant shall form a Geologic Hazards Abatement District, to be staffed by the Flood Control District. The Geologic Hazards Abatement District shall be responsible for detention basin maintenance and maintenance of open space for Skyline I and Skyline II and Shriner. *24. A. Prior to final design, a complete evaluation of the oil/gas pipelines shall be performed to accurately establish their location and depth. B. The applicant shall refer preliminary plans to the owners of the oil/gas pipelines for their review and approval prior to project approval. Anise *25. . . At�y lats where ect2ic�r. n�3}se Levels cannote rer3uC�d to a Levet fl#SNL ofa dB or [fess 3 .ai!Ie'et'rrrriat:ed .................................................. *26. eonst,act a system of soundwalls on Driftwood Dieve. eveipper sflait cnnst��ct an aporopra-e been along Evora Road' and riffwopd Drive. o help teztuce.notse.:ievels:below:.the SNI. r►f0 d6A noise bevel. Tfze..bern shall be less ar 3.feet..above,curb �Ong lvora..Road:. 1/e;get�ton. bushes) shaft le..C3�ti..loW..to reduce vaew_obst uctian sybfect to ZvnAd . �strator review and app z�vat.. *27. A. 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. B. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with 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. 7 C. A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. D. 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. E. ReStFiet the Hours of construction setivit+es shall be within the hours of to 8:00 A.M. to 5:00 P.M. Monday through Friday, no weekends or.holidays. Water Tank "28. The final grading plan shall reflect, to the extent possible, natural contours between the lots. Sharp-angled terraced banks shall be avoided. X29. A. Reposition the tank at elevation 540 so that it does not daylight at the ridgeline, or relocate the tank as shown in Figure 4.2-3 of the SEIR or alternate location subject to review and approval of the County Zoning Administrator. B. Berm the tank on the downslope side so that it is obscured from motorists and residents of the subdivision. This would require a larger cut on the upslope side to accommodate the berm subject to review and approval of the Zoning Administrator. C. Place fabric geotexile netting over all exposed cut and fill areas prior to revegetation. Hydroseeded areas should be monitored to determine whether the see mix takes hold. Reseed areas if graded scars continue to be visible. D. Prior to construction of the water tank, subject for review and approval of the Zoning Administrator revise the landscape plan to reflect the repositioning of the tank and incorporate the following measures: ■ Provide an equal mix of 15-gallon and 24-inch box size trees; no 5- gallon size trees should be used. ■ Increase the number of trees to depict a denser tree grove; ■ Intersperse the proposed tree planting with California natives, such as California bay laurel and coast live oak; slower growing trees, such as oak, should be planted downslope of the faster growing horsetail and pepper trees; 'Denotes Mitigation Measures 8 ■ Intersperse plantings with low-lying, drought tolerant shrubs; and ■ Cluster trees to avoid a single-perimeter ring around the tank; cascade trees down the swale in front of the tank. E. Irrigate all trees and landscaping for a minimum of 5 years to obtain faster growth and replace any trees that all unhealthy specimens shall be replaced on an annual basis. F. Paint the exterior of the tank in a color compatible with the natural environ- ment. A color palette of earthtone colors shall be provided by the water company for approval by the County Zoning Administrator. G. If the reservoir tank is relocated, a revised landscape plan shall be provided for review and approval of the Zoning Administrator and shall include provisions for mitigation measures 4......6-5...(.A. ) through (F) above. The deve);oper shall golor�g; inrith rdhateV r agreement �s reached : etuveen the Southern Cal�f'orn►a Water f✓o . i3nd.Con#ra Costa noun Wetlands *30. A. The proposed "Shriner's Basin Wetland Mitigation Program" (Zentner, 1994) shall be reviewed by and meet with the approval of representatives of the CDFG and Corps of Engineers to ensure that the concerns and possible requirements of both agencies can be incorporated into the proposed plans. Jurisdictions determinations and appropriate mitigation will be required subject to the provisions of Section 404 of the Clean Water Act and Section 1601 of the CDFG Code. B. A detailed erosion control plan shall be required for each of the project components to minimize sedimentation in the proposed detention basin/- wetlands area site. The plans should contain detailed measures to control ero- sion of stockpiled earth and exposed soil, provide for revegetation of graded slopes before the first rainy season following construction, and specify procedures for monitoring their effectiveness subject to review and approval of the Zoning Administrator. Transmission Lines *31. A. Prior to filing the final map, submit a revised map indicating the land adjacent to the transmission line easements shall be planned for recreational use or open space to the maximum extent possible Th' revised pia .Su r itierl;fit the a5t bounty Re ror3a3 'lann�na CflMmissior�.......eeting fln May 1, t 5 cornps with ......... . this„requ��e_0_ *Denotes Mitigation Measures 9 B. Prior to filing the final map, record deed notifications for all lots within 300 feet of the PG&E easement. Contra Costa County has a standard condition relating to EMFs that should be made a condition of the project. Where a lot is located within 300 feet of a high voltage electric transmission line, the applicant shall record the following as a deed notification: When a Final Subdivision 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. C. Any metal structures or objects located near the transmission line easements should be grounded to avoid nuisance induction effects such as shocks. i�l`orne �'leva'tt�ns 3 l0eveloer shall cwt Srngle Story houses �n the area Closr2:Road tri prervp i e u�evir subject to apprava! Af the Zon n Admrr��stratar 33. Public Works Requirements. A. General Requirements: 1) In accordance with Section 92-2.006 of the Ordinance Code, this subdivision shall conform to all applicable provisions of the Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. The drainage, road and utility improvements outlined below shall require the review and approval of the Public Works Department and are based on the Tentative Map dated August 13, 1993. 2) Improvement plans prepared by a registered civil engineer shall be submitted to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the Transportation Engineering Division. *Denotes Mitigation Measures 10 3) Applicant shall install safety related improvements on Evora Road, Driftwood Drive and "A" Street (including traffic signs and striping) as approved by the Public Works Department, Transportation Engineering Division. B. Roadway Improvements (Frontage): Evora Road 1) Applicant shall construct curb along the entire frontage of Evora Road, 4-foot, 6-inch sidewalk (width measured from curb face), from Driftwood Drive eastward conforming with existing sidewalk installed by Subdivision 7152. The applicant shall construct necessary longitudinal and transverse drainage, street lighting, border landscaping and irrigation, and pavement widening (36-foot b'E(sb pavement half width within a 46-foot right of way basic half width) along the frontage of ........::.... Evora Road. The sidewalk shall extend westerly to the bus stop west of Driftwood Drive. Applicant shall construct face of curb 10 feet from the ultimate right of way line. 2) Applicant shall cut existing pavement to a neat line along an existing adequate structural section when widening the pavement. Widening shall commence at that line and may require an exploratory trench or pothole to determine the limits of pavement widening. Driftwood Drive 3) Applicant shall construct curb, 4-foot 6-inch sidewalk (width measured from curb face), along the east side of Driftwood Drive from Evora Road to "A" Street, necessary longitudinal and transverse drainage, border landscaping and irrigation along the frontages of Driftwood Drive. The face of curb shall be located 10 feet from the ultimate right of way line. - 4) A left turn pocket shall be provided on Driftwood Drive at the intersec- tion with "A" Street The left turn pocket and the UO:: o©d Drive right t#rn: lane at Evora Road shall be based or? a rtaw traffic Study, whicl3: also evaluates safety �ssues; sub�ect t6 the........j....: and approva► of Public;Works The sovthbouod t3riftwood 17rive roadway 5ha11 t3a at :. . ..... 5) Applicant shall cut existing pavement to a neat line along an existing adequate structural section when widening the pavement. Widening shall commence at that line and may require an exploratory trench or pothole to determine the limits of.pavement widening. 11 in add►'t,ona the ez,st,ng parall;et trail being constructed'by the applicant: es part of Subdivision-7597 and 773:x,applicant:shall c:onstrct a 5;3/2: foot sidewalk rneasured #rom fiace' ofi curb ajong the fast side fl#: I�rrftwood brave )between Evora Roatl and Jilt Street,. i C. Specific On-Site Road Improvements: 1) The "T" int �+en and-seuthefay eul de-sae-ef „A" SFeet shall be Hat less then 76 feet 'f he "A" Street curve near theravvotd OriVe entrance Shall have a mm,murn cntert,ne rad,:us of38 feet.. 2) The pavement width at the entrance throat of "A" Street shall be 36- feet within a 56-foot right of way, narrowing to a pavement width of 32-feet within a 52-foot right of way beginning at the northerly end of the 75-foot radius curve. 3) Applicant shall construct on-site road system to County public road standards and convey to the County, by Offer of. Dedication, corre- sponding right of way. D. Access to Adjoining Property: Proof of Access/Acquisition 1) Applicant shall furnish proof to the Public Works Department, Engineer- ing 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 or drainage improvements. Encroachment Permit 2) Obtain an encroachment permit from the Application and Permit Center for construction of driveways, or other improvements within the right of way of Evora Road and Driftwood Drive, that are not shown on the improvement plans. Abutter's Rights 3) Relinquish abutter's rights of access along Evora Road. 4) Abutter's rights of access along Driftwood Drive were previously relinquished under Subdivision 7597. The applicant will be required to petition the Board of Supervisors to allow the "A" Street access and obtain that access prior to filing the Final Map. 12 E. Road Alignment: 1) A sketch plan shall be submitted to the Public Works Department, Engineering Services Division, for review, showing all intersection improvements at the intersection of Evora Road and Driftwood Drive prior to starting work on the improvement plans. The sketch alignment plan shall be to scale and show proposed and future curb lines, lane striping details, lighting, cross-sections and right of way. The sketch plan shall extend a minimum of 250-feet beyond the limits of the proposed work. The sketch alignment plan shall also include adequate information to show that adequate sight distance has been provided. 2) Reconstruct the median on the Driftwood Drive approach to Evora Road to provide a right-turn lane 200 feet in length as required by mitigation measure 4.4-2 of the Supplemental Environmental Impact Report, or, Construct road improvements on Driftwood Drive as determined by the view traffic study, and as reviewed and approved by Public Works. Additional pavement widening and right of way on Driftwood Drive and Evora Road may be required to accommodate the improvements identi- fied as mitigation in the Supplemental EIR or in the,60. traffic study re- quired above. F. AOB Reimbursements: 1) Certain required road improvements on Evora Road may be eligible for credit or reimbursement against the Area of Benefit fee. The developer shall contact the Public Works Department, Transportation Engineering Division, to determine the extent of any credit or reimbursement for which the applicant might be eligible. Prior to constructing any public improvements, or filing of any Final Map, the applicant shall execute a credit/reimbursement agreement with the County. No credit or reimbursement will be made for any improvements installed prior to execution of the credit/reimbursement agreement. Credit will only be given for monies that are programmed within the next three fiscal years after Final Map approval, reimbursement agreements shall be executed for monies that are programmed beyond three fiscal years. 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. 13 G. Road Dedications: 1) Applicant shall convey to the County, by Offer of Dedication, the right of way necessary for the planned future ibasie fiadf.width of &2 4§-feet along the entire frontage of Evora Road. and as FeqUiFed by the tFaffie H. Street Lights: 1) Street lights shall be installed on Evora Road and "A" Street and .the property annexed to County Service Area L-100 for maintenance of the street lighting. The final number and location of the lights -shall be determined by the Public Works Department, Engineering Services Division. Application for annexation to CSA L-100 Lighting District shall be submitted prior to filing of the Final Map. Street lights have been installed on Driftwood Drive. The property has been annexed to County Service Area L-100 as a condition of approval for Subdivision 7597. I. Landscaping: 1) Permanent landscaping and automatic irrigation facilities shall be installed within the parkway and median areas, and interim landscaping features shall be installed within the future road areas, if any. All work shall be done in accordance with the guidelines and standards of the County. Funding of, and maintenance of, the new plantings shall be guaranteed by the developer until the plants have been established and until funds are available through a landscaping district. The plants shall be maintained for 90 days after installation. 2) Prior to filing the Final Map, two sets of landscape and irrigation plans and cost estimates, prepared by a licensed landscape architect, shall be submitted to the Special District Section of the Public Works Depart- _ ment for review and recommendation prior to submittal to the Zoning Administrator for review and approval. Plan submittal shall include plan review and inspection fees. Types and size of plant and irrigation materials within the public right of way shall be designed using standards provided by the Grounds Service Manager of. the General Services Department. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their maintenance by the County after final inspection is cleared. 3) Prior to filing the final map,the applicant shall apply to the Public Works Department for annexation to the County-wide Landscape District AD 1979-3 (LL-2) for the future maintenance of landscaping and irrigation facilities in median islands, parkways and other areas ("open space" is specifically excluded). 14 1) All publiE and pFivate ,.deet.:.,., faeilitie Rd aeeess ways shall h CI{J J I g n eViR ae'y pTCQ>'7Eewith TAY T[Ie tT Z"I 1 Ol7G i Gap 7"000'CTTs'J"'QTTQ—the sidewalks,AFneFieaRs with Disabilities Aet. This shall iRelude all . tFBOISdFiveway r ffes , as handieap Famps. J. Transit: 1) Applicant shall provide for future transit by constructing a bus turnout on Evora Road at an appropriate location. The location of the turnout shall be subject to the review of the appropriate transit authority and review and approval of Public Works. Sufficient monies shall be deposited, as determined by the transit authority and Public Works, for sidewalk, bus stop shelters, bicycle racks, and bicycle lockers to be in- stalled by the authority once regular transit service to the area begins. The deposit of monies for the bus stop facilities shall be made with the filing of the final map that constructs a bus turnout. K. Parking: 1) "No Parking" signs shall be installed along Evora Road and Driftwood Drive subject to the review and approval of the Public Works Depart- ment. L. Intersection Design/Sight Distance: 1) Sight distance at the Evora Road/Driftwood Drive intersection and at the shall be checked to ensure compliance with Caltrans' Standards for stopping sight distance and corner sight distance for a design speed of 55 mph. 8J ht " tari e.,et the "A" Street>tDrtf#wood breve ;ntersectron sha(i be th "& to ensure: compiiane wlth :Caltrans Standards for stopping sight distance anal .........:........ Ct�rner s�g1t dlstanCe for a rleslgn speed of 45 rr�ph Satisfying this condition may require the relocation. of the intersection of "A Street and Driftwood Drive, which may affect the lotting pattern. 2) Any modification of the lotting pattern or intersection configuration, shall be reviewed by the Public Works Department and reviewed and approved by the Zoning Administrator. 33 Tfre drrvgwav for Lot � sha)I be located at the r3ort�eriy property line ........ .... 15 M. 'Utilities/Under Grounding: 1) All utility distribution facilities shall be installed underground, including existing overhead distribution facilities along the frontage of Evora Road and Driftwood Drive. N. Soundwalls: 1) Eliminate lots subject to ultimate noise levels in excess of 60 dB, DNL, or Construct a soundwall adjacent to, but outside of, the right of way along Driftwood Drive. The soundwall shall be designed to attenuate the noise from the road based upon the traffic levels at general plan buildout and upon the ultimate width and alignment of the road. The construction of the soundwall will be bonded with the project road improvements. The soundwall shall be constructed of solid masonry type material. OR .. The applicant shall rnrt�;gate ti#�e noise ..M:pact based;ori an acau5t,caj analysis, certified;by an;acoustical engineer, subject to the review artd apprpval of:the Zoning Administrator O. Drainage Improvements: Collect and Convey 1) Division 914 of the Ordinance Code requires that all storm waters entering or originating within the subject property shall be conveyed, without diversion and within an adequate storm drainage facility, to a = natural watercourse having definable bed and banks, or to an existing adequate public storm drainage facility which conveys the storm waters to a natural watercourse. 2) Storm drainage facilities required by Division 914 shall be designed and constructed in accordance with specifications outlined in Division 914 and in compliance with design standards of the Public Works Depart- ment. 3) . / 16 will be these shewR en the tentat've Maps f9F SubdiyisieR 769:7 and 6ubd:Yis*en 7838 (Skyltne 11). 3) The appl pant shad! cflns ruct the �......an basin:as outlanetl air Seet�on lra�nage,cif the Supplementalnv�ronrnentaf ]mpact Report for tk�e Kaufman &Broad General Plan 4mendment(County pole#8 93 1 ..SAH X89 00309)end subject to thwl e review andppraval o#the Pubf�C lnlorlis Departmentg Services arad f=lood Conirol �uisions ]n peeler mitigate thetrnpacts` ofrcreased storm vuater rue Off. from t develo`pmen , the ;constr ctron of the collect and convey facif ties# e the : tent�Qn bas n> must be'`com eted prior to the issuari e of.any building permits, flr the applicant must verify that the ir3tertm faaslr :is: adequate,adeqately rr�aintarned and total<peak ffpws #rpm the pr0)eGt vvil( r3at increase-te stflrin water flows entbt,16 the Nlota Aar�dh rea above the 53 cfs 0 year design Storm level } r .'N. ; prrTm a dratrage beneft3�strict for n,amtenanoe p#the ultimate basin; pnor:to fal�ng the 'Frnal Map The ari'ainterance funds shelf be Wised ifl i afnLain tie:interim baS+n until the ultimate bas►n �s bu�IT P. Miscellaneous Drainage Requirements: l) Storm drainage originating on the property and conveyed in a concen- trated manner shall be prevented from draining across the sidewalk(s) and driveway(s). 2) The applicant shall install within a dedicated drainage easement any portion of the -drainage system which conveys run-off from public streets. 17 3) Discharging concentrated storm water into roadside ditches is prohibited by the Ordinance Code. Q. Drainage Area Reimbursements: 1) Certain,improvements required by the Conditions of Approval for this development or the County Subdivision Ordinance Code may be eligible for credit or reimbursement against the drainage area fee. The developer should contact the Public Works Department to personally determine the extent of any credit or reimbursement for which he might be eligible. Any credit or reimbursements shall be determined prior to filing the final map or as approved by the Flood Control District. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE RE- QUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. Comply with the requirements of the Riverview Fire Protection District. B. This project may be subject to the requirements of the Department of Fish & Game. The applicant should notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within the development that may affect and fish and wildlife resources, per the Fish and Game Code. C. Comply with the requirements of the Southern California Water Company. D. Comply with the requirements of the Wastewatef eGta`= 'iab Q. Sanitary District. ..................:::............ ................................ E. Applicant shall comply with the Park Dedication Fee Ordinance. F. Comply with the requirements of the Health Services Department, Environmental Health Division. G. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. 18 H. The applicant will be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) permit for municipal, ` construction and industrial activities as promulgated by the California State Water Resources Control Board or any of its Regional Water Quality Control Boards (San Francisco Bay-Regional II or Central Valley-Region V). I. Vested Rights and Fees: This project is subject to. the development fees and regulations in effect under County Ordinance as of September 23, 1993, 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. 4 i The fees include but are not limited to the following: Bridge & Thoroughfare Fee $ 2,892.00 per residence. Park Dedication $ 1,350.00 per residence. i An estimate of the fee charges for each approved lot may be obtained by contact the Building Inspection Department at 646-4992. J. Th-e 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 [CPIj 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. The applicant is advised that the election process takes from 3 to 4 months and must be completed prior to recording the Final 'or Parcel Map. K. Expiration of Vested Rights: Pursuant to Section 66452.6(g) of the Subdivision Map act, the rights conferred by the vesting tentative map as provided by Chapter 4.5 of the Subdivision Map act shall last for an initial period of two (2) years following the recording date of the final/parcel map. These rights pertain to development fees and regulations. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period shall begin for each phase when the final map for that phase is recorded. At any time prior to the expiration of the initial time period, the subdivider may apply for a one-year extension. The application shall be accompanied by the applicable filing fee. If the extension is denied by an advisory agency, the subdivider may appeal that denial to the Board of Supervisors by filing a letter of appeal with the appropriate filing fee with the Clerk of the Board within 15 calendar days. The initial time period may also be subject to automatic extension pursuant to other provisions of Section 66452.6(8) relating to processing of related development applications by the County. 19 At the expiration of the vesting time period, remaining development (i.e., new building permits) within the subdivision shall be subject to development fees and regulations in effect at that time. L. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Bay Point Area of Benefit and the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Area of Benefit as adopted by the Board of Supervisors. M. The applicant shall be required to comply with the drainage fee requirements for Drainage Area 48C as adopted by the Board of Supervisors. N. This project may be subject to the rpquirements of the Department of Fish and Game. It is the applicant's responsibility to notify the Department of Fish and Game, P.O. Box 47,Yountville, California 94599,of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish and Game Code. 0. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained. DJC/AB/aa DPXVI/3016-93C.DJC 3/27/95 4/14/95 5/1/95 - EC (a) 7/12/95 I , T j