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HomeMy WebLinkAboutMINUTES - 07151997 - D6 •- 'i Contra Costa TO: BOARD OF SUPERVISORS ci •+ri?in�1 County FROM: HARVEY E. BRAGDON '•. _ ;c3~ DIRECTOR OF COMMUNITY DEVELOPMENT °sr---------i^t A COUK DATE: July 15, 1997 SUBJECT: APPROVE THE ECUMENICAL ASSOCIATION FOR HOUSING (APPLICANT) AND CONCO LAND COMPANY(OWNER) REQUEST TO REZONE 1.76 ACRES FROM MULTIPLE-FAMILY RESIDENTIAL (M-17)TO PLANNED-UNIT(P-1) DISTRICT AND APPROVE THE FINAL DEVELOPMENT PLAN, WITH CONDITIONS, ALLOWING A 24-UNIT AFFORDABLE RENTAL HOUSING COMPLEX. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. CERTIFY the Negative Declaration and FIND the environmental documentation prepared for this project as adequate. 2. ADOPT the Findings contained in Resolution No. 21-1997 as the Board's own. 3. APPROVE Rezoning Application #RZ973050 and Development Plan #DP973005 as recommended by the East County Regional Planning Commission as shown on the attached Conditions of Approval marked "Exhibit A". 4. INTRODUCE the ordinance giving effect to the aforesaid rezoning, waive reading and set a date for adoption. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On May 5, 1997, the East County Regional Planning Commission, after taking testimony, recommended that the Board of Supervisors approve the rezoning and final development plan, per staff's recommendation, subject to the revised Conditions of Approval and Findings attached. CONTINUED ON ATTACHMENT: X YES SIGNATURE A RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON July 15 , 1997 APPROVED AS RECOMMENDED X OTHER See the attached Addendum VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: I , III ,V' &_ V NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: II MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Maureen Toms 335-1250 Orig: Community Development Department ATTESTED Jules, 1997 cc: Conco Land PHIL BATCHELOR, CLERK OF ., ,Ecumen ^c,al--As-s-oclation�forv,,Housi g THE BOARD OF SUPERVISORS Heather Ballenger-- Public Works AN COUNTY A ISTYRTOR �N B N� , DEPUTY RZ973050 and DP973005 July 15, 1997 Page 2 Three comment letters from two property owners adjacent to the southeast parking area were received (see attached). The letters included a request for the installation of a masonry wall between the parking area and properties to the south, moving the carport and parking space closest to the property line, and a clarification of the species of trees proposed for the area between the southeast parking area and the properties to the south . Initial site plan changes addressing issues of the neighbors were further modified prior to the Planning Commission Meeting. The applicant agreed to construct a masonry wall along the southern perimeter of the southeast parking lot, between the parking lot and the properties to the south. With the addition of the masonry wall, the location of the first parking space closest to the property line was no longer an issue with the neighbors. The applicant also agreed to move the carport on the southeast parking lot, at least one space to the north. Although the landscape plan for the project proposes planting a row of Leland Cypress trees between the southeast parking area and the properties to the south, the applicant will work with the neighbors to the south of the parking lot and the County to identify the most appropriate species of trees to be planted in the area. The Community Development Department and the non-profit developer, Ecumenical Association for Housing are jointly working on this project. Funding for the project is provided by U.S. Department of Housing and Urban Development (HUD) 811 Housing for Disabled Persons Program funds, County HOME and Community Development Block Grant funds, and Redevelopment Agency housing funds. Funding from these sources is contingent upon planning approvals for a rental housing development for low to moderate income persons with physical disabilities. The site was deemed more area than necessary for a 24-unit complex by HUD. The Oakley Municipal Advisory Committee approved a plan to designate the excess .46 acre as a small neighborhood park. The development plan submitted includes a schematic drawing of the .46 acre passive park/community entrance. This passive park will serve as a respite to pedestrians, an entrance to downtown Oakley, and a break to the sound walls common to the State Route 4 corridor. As a result of Proposition 218 passing, a special election was held to allow voters the opportunity to approve Landscape District Zone 16, which places a special assessment on parcels within the district to pay for park maintenance. Revisions to the Conditions of Approval were made at the East County Planning Commission Meeting, addressing the landscaping and maintenance of the park in the event the Landscape and Lighting District did not pass. IV. CONSEQUENCES OF NEGATIVE ACTION: Delay in approving the project will jeopardize the projects funding by HUD. ADDENDUM TO D.6 Agenda July 15, 1997 This being 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 the Ecumenical Association for Housing (Applicant), and Conco Land Company (Owner), for approval to rezone 1.76 acres (County File #RZ 97-3050) from Multiple-Family Residential (M-17) to Planned-Unit (P-1) District, and approve the Final Development Plan (County File #DP 97-3005) allowing a 24 unit affordable rental housing complex. Dennis Barry, Community Development Department, presented the staff report. The public hearing was opened, and no one appearing to speak, the public hearing was closed. Supervisor Canciamilla stated that there is a serious need for affordable housing all over the County, and Supervisor Rogers concurred. IT IS BY THE BOARD ORDERED that the public hearing is CLOSED; staffs Recommendations Nos. 1, 2, 3 and 4 are APPROVED, including Introduction of Ordinance 97-28, Reading is WAIVED, and July 22, 1997, is SET for adoption of same; and Community Development staff is DIRECTED to post the Notice of Determination with the County Clerk. CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Ecumenical Assn. for Housing APPLICATION NO. DP973005 2169 East Francisco Blvd., Ste B. RZ973050 San Rafael, CA 94901-5531 ASSESSOR'S PARCEL NO. 035-423-009 & -010 OWNER: Conco Land Co. ZONING DISTRICT: P-1 5151 Port Chicago Highway . Concord, CA 94520 APPROVED DATE: 7/15/97 EFFECTIVE DATE: 7/15/97 This is to notify you that the Board of Supervisors has granted your request for a final development plan and rezoning, subject to the attached conditions.. HARVEY E. BRAGDON, Director COMMUnity Development Department By: Dennis Barry, Deputy Director PLEASE NOTE THE EFFECTIVE DATE, and be aware of the renewing requirements as no further notification will be sent by this office. The Clerk of the Board will provide you a copy of the Board Order with approved Conditions of Approval. This permit will expire ONE YEAR from the effective date of this permit. FINDINGS AND CONDITIONS OF APPROVAL FOR REZONING #973050 AND FINAL DEVELOPMENT PLAN FILE #DP973005 (Main Street Apartments).AS APPROVED BY THE BOARD OF SUPERVISORS ON JULY 15. 1997 FINDINGS A. Rezoning Findings: 1. The change proposed will substantially comply with the General Plan. 2. The uses authorized or proposed in the land use district are compatible within the district and the uses authorized in adjacent districts. I Cornrnunity need has been demonstrated for the use proposed. The proposed project will improve and increase the community's supply of affordable housing. 4. The project will achieve the County's housing element goals and objectives and will be consistent with the requirements of Assembly Bill 315 since all of the units would meet the affordability criteria. B. Variance to 5-acre Minimum Lot Size in P-1 District for Residential Use Findings, . 1. Approval of this variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the property is located. 2. Because of special circumstances applicable to the subject property due to its size and shape and location, strict application of the P-1 district 5-acre limitation is found to deprive the property owner of rights enjoyed by others in the P-1, Planned Unit District, and the vicinity. 3. The variance authorized substantially meets the intent of the respective land use district inwhichthe subject property in located. 4. County policies for implementing the density bonus recommend rezoning of the site to a Planned-Unit District. C. Planned-Unit District Findings: 1. The applicant intends to start construction within two and one half years from effective date of plan approval. 2. The proposed housing and park development is consistent with the County General Plan - Multiple Family Residential-Low Density (7.3 - 11.9 units per net acre), the 24 units are achieved with a density bonus feature. r, 2 3. The development will constitute a residential environment of sustained desirability and stability. D. Growth Management Element Performance Standards Findings: 1. Traffic - The proposed development will not result in an increase of 100 or more peak period trips. 2. Water-The Diablo Water District has indicated that the site lies within the District's service area and that the District is capable of serving the project. 3. Santary Sewer- The site lies within the Ironhouse Sanitation District's service area. The District will provide sewer services subject to payment of all fees and capacity available at time of permitting. 4. Fire Protection - The site lies within one mile of the Oakley-Knightsen Fire District Station#93 at 215 2nd Street, Oakley, CA 94561. 5. Public Protection -The Growth Management Element standard is 155 square feet of Sheriff facility station area per 1,000 population. The project will generate a population of approximately 28-54 persons, which is far below the standard of the. Growth Management Element standard. The Sheriffs"Office had no comments on this application. 6. Parks and Recreation - The applicant is proposing to dedicate a .45 acre area for a public park site. The applicant would also be required to make landscape and irrigation improvements to the park should the Landscape and Lighting District Bond pass. Park dedication fees would be waived in lieu of the offer of dedication. 7. Flood Control and Drainage.- This project will be required to collect and convey all runoff to an adequate natural or manmade drainage facility. The applicant will be required to verify adequacy of storm drain access with engineering services. (Ref. the Growth Management Element, Chapter 4, of the General Plan) 3 CONDITIONS OF APPROVAL 1. The development plan request to construct a 24-unit affordable rental housing project for people with physical disabilities (1.3 acres) and a small neighborhood park (46 acre), totaling 1.76 acres, is generally approved as shown on drawings dated received by the Community Development Department on March 10, 1997. The approval includes the following reports: A. Geotechnical Study Update prepared by Purcell, Rhoades & Associates and dated received March 10, 1997, by the Community Development Department. B. Landscape Plan prepared by Barnhart Associates Architects Inc. and dated received March 10, 1997, by the Community Development Department. C. Environmental Noise Study prepared by Charles M. Salter Associates Inc. and dated received March 10, 1997, by the Community Development Department. The following conditions shall he met prior to issuance of a building permit unless othei-wise specified. 2. The rezoning to P-1 and Final Development Plan request is approved to allow for the development of a 24-unit affordable rental housing project for people with physical disabilities (4-t-3, .L. Y;4cres) and a small neighborhood park (46 45 acre), totaling 1.76 acres. 3. A variance is approved to allow a P-1 zoning on a parcel less than 5 acres for residential use. The approval is based on a General Plan designation of Multiple Family Residential-Low Density, which allows the 7.3 - 11.9 units per net acre without the density bonus feature and 24 units with the density bonus feature. 4. The proposed buildings shall be similar to that shown on submitted plans. Prior to the issuance of a building permit, elevations and architectural design of the building and building roofing material shall be submitted for final review and approval by the County Zoning Administrator. The roofs and exterior walls of the buildings shall be free of such objects as air conditioning or utility equipment, television aerials, etc., or screened from view. The building shall be finished in wood and stucco or other materials acceptable to the Zoning Administrator. 5. The Final Development Plan submittal shall incorporate the following requirements: A. Height limitations: 15 feet. B. Percentage coverage of land by buildings and structures: 33% maximum. 4 C. Parking ratios: 1.08 parking spaces per unit. D. Vehicular and pedestrian access: Primary access from Gardenia Avenue with emergency access from the adjacent property to the west of the site. 6. 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 profes- sional 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 mitiga- tion(s), if deemed necessary. 7. At least 30 days prior to issuance of a building permit, the applicant shall submit a Transportation Demand Management (TDM) information program in accord with the. requirements of Ordinance No. 92-31 for review and approval of the Zoning.Administrator. Applicant shall also comply with the County Growth Management Program and Bay Area Air Quality Management District regulations regarding transportation. 8. New residences or other new habitable structures shall be designed to comply with the Sound Transmission Control Standards of the Uniform Building. Code for the State of California 1989 Amendments. Structural design shall be based on the following recommendations of an acoustical study of the site by an acoustical engineer to assure that interior noise levels do not exceed a CNEL of 45 dB and that exterior noise levels do not exceed CNEL of 60 dB: A. Outdoor Noise: To reduce outdoor noise at the residential building, an eight-ft. high noise barrier is recommended at the proposed location shown in the site plan. This barrier can be a combination of a berm and a wall as long as the total height is eight ft. Alternatively, a wood fence could be used provided it is solid with no cracks or gaps and has a minimum surface density of 3 lbs. per square ft. (This can be achieved with 1-1/2 inch thick overlapping boards nailed and glued together to prevent cracks developing with age). This noise barrier will reduce the noise levels at the setback of the building by 8 dB. This results in a DNL of 62 dB, which is within HUD's normally acceptable range. The interior courtyard noise exposure would be further reduced by shielding provided by the buildings to a level below DNL 60 dB and, therefore, satisfying the Contra Costa County noise goal for outdoor use spaces. B. Indoor Noise: To achieve the county and state indoor standards, sound-rated windows should be used on the north-facing facades of the northern-most six units. These windows should have a minimum STC (sound transmission Class) rating of 28. Because these windows need to be in the closed position (not necessarily inoperable) to meet the indoor noise standard, a ventilation or air conditioning system must be provided as per the State's noise standard. 5 9. The applicant shall submit grading plans and erosion control plans for review and approval of the Community Development Department prior to issuance of grading permits. A. The applicant shall construct a masonry wall along the southern perimeter of the southeast parking lot, between the parking lot and the properties to the south. B. Steel or metal posts shall be used 16-feet on-center for the fence along the southern property line. 10, Grading plans shall indicate how the project will comply with the Recycled Water Ordinance (Ord. No. 91-24). 11. All cut and fill slopes shall be revegetated as soon as possible after grading when seasonal conditions are favorable to seed germination and plant growth. 12. A landscaping and irrigation plan for all areas shown on the plan shall be submitted for review and approval of the Zoning Administrator at least 30 days prior to issuance of building permits. A cost estimate shall be submitted with the landscaping program plan. Landscaping shall conform to the County Water Conservation Landscape Ordinance 82-26 and shall be installed prior to approval of final building permit. The plan shall be prepared by a licensed landscape architect and shall be certified to be in compliance with the County Water Conservation Ordinance. 13. All landscaping and irrigation plans within the public right of way will be referredto special districts for review prior to installation. 14. All signs shall be subject to the review and approval of the Zoning Administrator. No other outside displays are permitted. 15. Exterior lights shall be deflected so that lights shine onto application's property and not toward adjacent properties. 16. At least 30 days prior to issuance of building permits, a sample section and color of the proposed masonry wall(s) along State Route 4 and Gardenia Avenue shall be submitted for the review and approval of the Zoning Administrator. Prior to the Zoning Administrator review, the masonry wall plan including color and finish shall be;submitted to the Oakley Municipal Advisory Council for their comments. The Oakley Municipal.Advisory, Council] comments shall be forwarded to the Zoning Administrator prior to the Zoning Administrator's decision on the masonry wall 17. In order to develop the desired 24 units on the site, the Developer has requested a density bonus of 12 units. The requested density bonus is approved in exchange for Developer compliance with the following occupancy and affordability restrictions: 6 A. A minimum of 11 of the units in the development shall be designated County Affordable Units and shall be required to be affordable to and occupied by very-low income households with one or more physically disabled members. B. Very-low income households are defined as households with incomes at or below 50 percent of the Area Median Income for the Oakland PMSA as adjusted for household size and defined by the U.S. Department of Housing and Urban Development. C. A unit is considered to be affordable to a very-low income household if the monthly rent(including an allowance for utilities) does not exceed one-twelfth of 30 percent of 50 percent of the area median income adjusted for household size. D. The County Affordable Units shall be fully accessible to disabled populations and shall be comparable in quality and size to the remaining units in the development. E. The Developer shall be required to comply with the affordability and occupancy restrictions for the 11 County Affordable Units for a minimum of 60 years. 18. Prior to issuance of building permits, the Developer shall enter into a legally binding agreement with the County and/or the Redevelopment Agency (form to be approved by the County) to ensure Developer's compliance with the occupancy and affordability restrictions specified in Condition #17. 19. Development plans for multiple-family residential projects shall indicate a suitably enclosed area for the purpose of locating recycling bins for paper, glass and cans. Such area will not be less than 10 feet by 12 feet in area, and the enclosure shall be at least 6 feet high. 20. Contractor and/or developer shall 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. 7 C. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehi- cles, erosion control, and the 24-hour emergency number, shall be expressly iden- tified in the notice. The notice shall be re-issued with each phase of major grading and construction activity. A copy of the notice shall be concurrently transmitted to the Community Development Department. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed. D. A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. 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 portion of the development site. This shall include provision for an on-site area in which to park earth moving equipment. F. Transporting of heavy equipment and trucks shall be limited to week days between the hours of 9:00 AM and 4:00 PM. G. The site shall be maintained in an orderly fashion. Following the- cessation of construction activity, all construction debris shall be removed from the site. 21. All dwelling units shall have house numbers that are visible from the street which may require illumination. Public Works Conditions Applicant shall comply with the requirements of Title 8, 9, and 10 of the Ordinance Code. Any Ordinance Code exceptions must be stipulated in these Conditions of Approval. Conditions of Approval are based on the Development Plan received on March 10, 1997. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMITS: 8 General: 22. 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 or the conditions of approval for this project. Roadway Improvements (Frontage/Off-Site): 23. Applicant shall contribute $7,200 ($300 per unit x 24 units) to a Road Improvement Fee Trust(Fund No. 819200-0800) designated for the construction of a signal at the intersection of State Highway 4 and Gardenia Avenue. 24. Applicant shall install safety related improvements (traffic signs, striping, etc.), as necessary, subject to the review and approval of Public Works. State Highway 4 25. Applicant shall construct curb, 2.0 meter (6.5-foot±) sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, street lighting and necessary pavement widening along the frontage of State Highway 4. Applicant shall conform with the existing curb to the west of the project and with the curb return at the southwest corner of the Highway 4/Gardenia Avenue intersection following a gentle taper between the two points. The sidewalk may be constructed as a meandering sidewalk through Parcel A if Parcel A is developed as a park with this project, or, if the park is not developed with this project, appropriate easement/access rights are obtained. The sidewalk shall have a minimum width of 1.8 meters (6-feet±) and conform to the existing sidewalk at the west end of the project and curb return at the southwest corner of the Highway 4/Gardenia Avenue intersection. Location of the sidewalk shall be consistent with the Development Plan. Gardenia Avenue 26. Because frontage improvements currently exist along Gardenia Avenue, an exception to this Ordinance Code requirement is granted with the exception of widening the existing sidewalk to a width of 2 meters (6.5-feet±) as measured from the face of curb. Applicant shall also remove and replace any cracked and displaced sidewalk and curb along the frontage of Gardenia Avenue. Concrete shall be saw cut prior to removal. New concrete shall be doweled into existing concrete. Existing lines and grades shall be maintained. 27. Applicant shall construct a standard driveway depression at the location shown on the Development Plan. The driveway shall be 3.0 meters (10-feet±) in depth(as measured from the face of curb) and a minimum of 7.3 meters (24-feet±) in width. 9 Specific On-Site Road Improvements: 28. Applicant shall submit a revised site plan which provides an adequate vehicle turnaround within the north parking lot, subject to the review of Public Works and the review and approval of the Zoning Administrator. Access to Adjoining Property: 29. Applicant shall furnish necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements. 30. Applicant shall relinquish abutter's rights of access along the project frontage of State Highway 4. Road Dedications: 31. Applicant shall convey to the County, by Offer of Dedication, 1.5 meters (5-feet) of additional right of way for the planned future half-width of 16.8 meters (55-feet) along the frontage of State Highway 4. Emergency Vehicle Access/Easement: 32. Applicant shall provide an emergency vehicle access (EVA) serving the north parking lot of this project site. The EVA shall be subject to the review of Public Works and the Fire District. Should the applicant elect to extend the EVA off-site to the property to the west, the applicant shall submit evidence to Public Works that access rights have been obtained. Street Lighting: 33. Street lights shall be installed on State Highway 4 and Gardenia Avenue. The final number and location of the lights shall be determined by Public Works. Landscaping: 34. As a result of Proposition 218 passing, a special election must be held in 1997 to allow voters the opportunity to approve Landscape District Zone 16 which would place a special assessment on parcels within the district for maintenance of parks. Funds for maintenance of the park shall be identified, subject to the review and approval of the Zoning Administrator, the applicant shall comply with the following: 10 A. Landscaping and automatic irrigation facilities shall be installed within the park (Parcel A, Figure 6). 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. B. Prior to the issuance of building permits, 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 Department 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. C. Convey to the County, by Offer of Dedication, Parcel A as shown on Figure 6. 35. If the ballot measure regarding Landscape District Zone 16 does not pass, and other funds for maintenance of the park are not identified, subject to the review and approval of the Zoning Administrator, the applicant shall comply with the following: A. Ultimate landscape improvements shall not be installed. B. Rough grade Parcel A in a manner that is consistent with the Development.Plan. C. Convey to the Redevelopment Agency, by Offer of Dedication, Parcel A as shown on Figure 6, and the Redevelopment Agency shall implement the landscaping improvements. _ Pedestrian Facilities: 36. All public and private pedestrian facilities and access ways shall be designed in accordance with Title 24 (Handicap access) and the Americans with Disabilities Act. This shall include all sidewalks, paths, trails, driveway depressions, as well as handicap ramps. Utilities/Undergrounding: 37. All utility conduit distribution facilities shall be installed underground, along the frontage of State Highway 4 and Gardenia Avenue, if any. 11 Drainage Improvements: 38. 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. 39. The nearest public drainage facility is Line A of Drainage Area 29C located at the westerly edge of the project site. Applicant shall verify its adequacy prior to discharging run-off. 40. 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 Department. 41. Storm drainage originating on the property and conveyed in a concentrated manner shall be prevented from draining across the sidewalk(s) and driveway(s), 42. The applicant shall install within a dedicated drainage easement any portion of the drainage system which conveys run-off from public streets, National Pollution Discharge Elimination System (NPDES): 43. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination Systems (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay - Region II or Central Valley -Region V). 44. Compliance shall include developing long-term best management practices (BMP's) for the reduction or elimination of storm water pollutants. The project design shall incorporate some or all of the following Tong-term BMP's in accordance with the Contra Costa Clean Water -Program for the site's storm water drainage. - Shallow on-site drainage swales. Use of pavers for driveways and project walkways. This will reduce the amount of directly connected impervious surface area. - Filtering inlets. Stenciling all storm drains with "No Dumping, Drains to Delta" using thermoplastic tape. Sweep the paved parking lot once a year between September 1 and October 15. Verification (invoice, etc.) of the sweeping shall be submitted to the Contra Costa Clean Water Program. Contact the Clean Water Program Administrative Assistant at 255 Glacier Drive, Martinez, CA, 510/313-2238. 12 - Annual public education. - Other alternatives as approved by the Public Works Department Fees: 45. Applicant shall comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Oakley/North .Brentwood Area of Benefit, Eastern Contra Costa Subregional Transportation Mitigation Fee Area of Benefit and the Oakley Median Island Fee Area of Benefit as adopted by the Board of Supervisors. Because of the nature of this project, the applicant shall pay 1/3 of the Single Family rate per unit, or, the applicant shall perform a traffic study to determine the number of peak hour trips that will be generated an pay the full Peak Hour Trip rate per peak hour trip. 46. Applicant shall comply with the drainage fee requirements for Drainage Area 29C as adopted by the Board of Supervisors. Metric Units: 47. The County Public Works Department is requiring that all first check submittals and accompanying calculations including subdivision grading plans, improvement plans, hydrology and hydraulic maps, final maps, parcel maps, right of way plat maps and descriptions will be in metric units. Exceptions may be permitted by the Public Works Department, Engineering Services Division, based upon evidence of substantial hardship. 48. Prior to issuance of building permits, proivde evidence of payment of school fees as identified in the April 10, 1997 letter from the Liberty Union High School 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 REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. The applicant/owner should be aware of the expiration dates and renewing requirements prior to requesting building or grading permits. B. Comply with the requirements of the .Ironhouse Sanitary District. C. Comply with the requirements of the Contra Costa County Fire Protection District (see attached). 13 D. Comply with the requirements of the Health Services Department - Environmental Health Division (see attached). E. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. F. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Oakley/North Brentwood Area of Benefit as adopted by the Board of Supervisors. G. The applicant shall 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). H. Comply with the requirements of the Oakley School District and Liberty High School District. I. The.Developer has received an allocation of Section 811 fund's from the U.S. Department of Housing and Urban Development (HUD) for the acquisition and development of the Oakley Main Street Apartments. As a condition of HUD funding, all 24 units in the Main Street Apartments are required to be affordable and occupied by disabled households for a minimum of 40 years. Developer shall comply with the HUD requirements in operating the development: MT/aa RZ 1/3050-RZc.MT 4/28/97 5/5/97 - EC (a) 7/15/97- BS (a)