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MINUTES - 03132001 - D.3
THE BOARD OF SUPERVISORS OFCONTRA COSTA COUNTY, STATE OF CALIFORNIA ADOPTED this resolution on March 13, 2001 by the following vote: AYES: SUPERVISORS GIOIA, GERBER, DeSAULNIER, GLOVER and UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2001/ 264 SUBJECT: San Pablo Avenue, Rodeo } General Plan/Specific Plan Amendments } County File #GP 00-0003 and SP 00-0001 } The Board of Supervisors of Contra Costa County RESOLVES that: There is filed with the Board of Supervisors and and its Clerk a copy of Resolution No. 22-2000 adopted by the Contra Costa County Planning Commission which discusses the San Pablo Avenue, Rodeo General Plan/Specific Plan Amendment (County File #GP 00-0003 and SP 00-000). On Tuesday, March 13, 2001, the Board of Supervisors held a public hearing on said General Plan/Specific Plan Amendment discussed by the Contra Costa County Planning Commission, Resolution No. 22-2000. Notice of said hearing was duly.given in the manner required by law. The Board at a hearing, called for testimony of all persons interested in this matter. On Tuesday, March 13, 2001, the Board APPROVED the General Plan Amendment and Specific Plan Amendment for San Pablo Avenue, Rodeo, and directed the General Plan Amendment, and map changes, be included in the NEXT consolidated General Plan Amendment for 2001 as allowed by State Planning Law. I hereby certify that the foregoing is a true and Contact: P. Roche,Adv. Planning, CDD(335 1242) correct copy of an action taken and entered on the cc: Community Development Department minutes of the Board of Supervisors on the date shown. Redevelopment Agency CAO County Counsel ATTESTED: r+a,-Cb VA 2041 John Sweeten, Clerk of the Board of Supervisors and County Adminis at r By: Dpty RESOLUTION NO. 2001/264 PR/S:PROCH/ADVPLAN/RESOLUTION S/BOARDRESGP#00-0003 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY AICP '^ ;r Costa COMMUNITY DEVELOPMENT DIRECTOR , .s' County DATE: MARCH 13, 2001 SUBJECT: San Pablo Avenue, Rodeo General Plan/Specific Plan Amendment(County File# GP00-0003 and SP00-0001) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Open the public hearing and receive testimony on the San Pablo Avenue, Rodeo General Plan/Specific Plan Amendment; 2. Close the public hearing; 3. ADOPT the Mitigated Negative Declaration of Environmental Significance for this project as adequate and in compliance with CEQA; 4. ADOPT the Mitigation Monitoring Program for this project; CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON March 13, 2001 APPROVED AS RECOMMENDED XX OTHER Resolution No . 2001/264 VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND XX UNANIMOUS(ABSENT— — — ) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN ATTESTED March 13; 001 JOHN SWEETEN, CLERK OF THE BOARD OF Contact: Patrick Roche(925)335-1242 SUPERVISORS AND COUNTY ADMININISTRATOR cc: Community Development Department Redevelopment Agency Tom Gozzano, P.O. Box 681, Pinole, CA 94564 BY ,DEPUTY March 13, 2001 Board of Supervisors File#GP00-0003/SP00-0001 Page 2 5. APPROVE the San Pablo Avenue, Rodeo General Plan/Specific Plan Amendment as recommended by the County Planning Commission; 6. DIRECT the Community Development Department to include the San Pablo Avenue, Rodeo General Plan/Specific Plan Amendment in the next consolidated General Plan Amendment for 2001; and 7. DIRECT staff to post the Notice of Determination for the General Plan/Specific Plan Amendment. FISCAL IMPACT The costs for considering this application are covered by the applicant. BACKGROUND REASONS FOR RECOMMENDATIONS The applicant has requested a General Plan/Specific Plan Amendment to change the land use designation of an approximately 25,546 sq.ft. parcel from Commercial Recreation (CR) to Mixed Use Downtown/Waterfront Rodeo (M-12) and to expand the Specific Plan boundary to include parcel number 357-185-001. The proposed General Plan/Specific Plan designation of Mixed Use would be compatible with the mixed-use designations in the Rodeo Downtown/Waterfront Specific Plan. The property is located at 701-705 San Pablo Avenue in the Rodeo area of West Contra Costa County. The County Planning Commission considered and approved a Land Use Permit for the site allowing the construction of twelve live-work units, contingent upon the approval of the General Plan/Specific Plan amendment. Resolution No. 22 —2000 RESOLUTION OF THE .PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, REGARDING AN AMENDMENT TO THE LAND USE ELEMENT OF THE COUNTY GENERAL PLAN AND THE RODEO DOWNTOWN/WATERFRONT SPECIFIC PLAN, SAN PABLO AVENUE, RODEO GENERAL PLAN/SPECIFIC PLAN AMENDMENT #GP00-0003 AND SP00- 00019 1N THE RODEO AREA. WHEREAS, on March 20, 2000 the applicant, Tom Gozzano, requested an amendment to the Land Use Element of the County General Plan and the Rodeo Downtown/Waterfront Specific Plan. The request is to change the land use designation of a 25,546 sq.ft. parcel from COMMERCIAL RECREATION (CR) to MIXED-USE DOWNTOWN/WATERFRONT RODEO (M-12) and to expand the Specific Plan boundary to include parcel number 357-185-001; and WHEREAS, for purposes of compliance with the California Environmental Quality Act (CEQA), staff determined that the project would not result in any significant environmental impacts, and a proposed Mitigated Negative Declaration was posted and noticed as required by law; and WHEREAS, staff prepared reports recommending changes in the General Plan/Specific Plan land use designation for the subject site and circulated it to interested agencies, organizations, and individuals; and WHEREAS, after notice was lawfully given, the project was scheduled for hearing before the County Planning Commission on Tuesday, November 14, 2000; at which time an opportunity to provide testimony was given, and after having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; NOW, THEREFORE, BE IT RESOLVED, that the County Planning Commission: 1.) HAS CONSIDERED THE PROPOSED Mitigated Negative Declaration as adequate for purposes of compliance with the California Environmental Quality Act prior to forwarding a recommendation; 2.) RECOMMENDS APPROVAL of the San Pablo Avenue, Rodeo General Plan/Specific Plan Amendment, as recommended by staff, changing the subject sites land use designation to Mixed-Use Downtown/Waterfront Rodeo (M-12); The decision of the County Planning Commission was given on Tuesday, November 14, 2000, by the following vote: AYES: Commissioners—Clark, Wong, Battaglia, Gaddis, Hanecak, Kimber, Terrell NOES: Commissioners—None ABSENT: Commissioners—None ABSTAIN: Commissioners—None 1, Dennis M. Barry, Secretary of the Planning Commission, herby certify that the foregoing was duly called and approved on November 14, 2000. ATTEST: Dennis M. Barry, AICP— Secretary of e Planning Commission, Contra Costa unty, State of California. EXHIBIT "A" MITIGATION MONITORING PROGRAM COUNTY FILE #LP002027 The Mitigation Monitoring Program has been prepared for the Land Use Permit #LP002027 —Tom Gozzano (Owner and Applicant), in accordance with the California Environmental Quality Act, requiring the establishment of mitigation monitoring or reporting programs for projects approved by a public agency. 1. Impact: There is the potential for cultural resources to be uncovered as a result of the proposed project. Mitigation Measure: In the event that cultural resources should be uncovered during the course of construction all earth moving activities in the area of the find will cease until a qualified archeological consultant examines the findings, asses their significance and offers a proposal for any procedures deemed appropriate to further investigate and/or mitigate adverse impacts to those cultural resources which have been encountered. Implementing Condition: Condition of Approval #8 Method and Timing of Monitoring: Staff to verify during construction Responsible Department/Agency: Community Development Department 2. Impact: A portion of the site is within the flood hazard area and could expose people and/or property to the hazards associated with floods. Mitigation Measure: The site shall be elevated above the 100-year flood elevation in accordance with the County's Flood Plain Ordinance. Implementing Condition: Condition of Approval #35 Method and Timing of Monitoring: Prior to Issuance of a Building Permit Responsible Department/Agency: Community Development Department and the Public Works Department 3. Impact: The proposed project could exceed the interior noise standard of DNL 45dB. Mitigation Measure: The applicant shall comply with Title 25 of the California Code. Compliance will require the preparation of an acoustical study for the project to assure a daytime interior noise level of not more than 45 dBA on the CN EL scale. In the event that the interior noise level would exceed that number all residential facades will be required to have sound rated windows and sliding-glass doors. However, all of the windows and/or sliding glass doors would need to be in the closed position to achieve indoor noise standard. Title 24 of the California Code of Regulations requires that adequate ventilation be provided in these rooms so that the windows can remain in their closed position, while maintaining a habitable environment. Implementing Condition: Condition of Approval #16 Method and Timing of Monitoring: Prior to Issuance of a Building Permit Responsible Department/Agency: Community Development Department and the Building Inspection Department NOTICE OF A PUB IC HEARING You are hereby notified that on TUESDAY, NOVEMBER 14, 2000 at 7:00 p.m. in Room 107, McBrien Administration Building, 651 Pine Street, Martinez, California,the County Planning Commission will consider an AMENDMENT TO THE COUNTY GENERAL PLAN AND THE RODEO WATERFRONT/DOWNTOWN SPECIFIC PLAN as described as follows: Tom Gozzano has requested an amendment to the County General Plan and the Rodeo Waterfront/Downtown Specific Plan to allow for 12 live/work units to be built in the Rodeo Redevelopment Area, County Files #GP2000-3 and #SP0000-1. He is requesting that the 25,546 square foot parcel located at 701-705 San Pablo Avenue, be re-designated from Commercial Recreation (CR) to Mixed-Use Downtown/Waterfront Rodeo (M-12) for both the General Plan and the Specific Plan. He is also requesting that the Specific Plan boundary be expanded to include the 25,546 square foot parcel located at 701-705 San Pablo Avenue. (Parcel # 357-185- 001). For purposes of compliance with the provisions of the California Environmental Quality Act(CEQA), A Negative Declaration of Environmental Significance (no Environmental Impact Report required) has been issued for this project. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. For further details, contact the Contra Costa County Community Development Department, 651 Pine Street, Martinez, California, or Maureen Toms at 925-335-1250. Dennis M. Barry, AICP Community Development Director ' @09TS aasel No-fih 6ccho N 1- 1,s f slagej ssaippd eAU3A%f C� 357 183 001 Larry& Donna Spengler 832 Windward Dr Rodeo,CA 94572-2029 357 183 002 357 183 003 357 183 004 Steven& Rebekah Vaughn Juan& Yirian Aline Gonzalez Curtis&Carmen Cooper 711 W Parkway Dr 721 San Pablo Ave 5919 Amend Rd Porterville,CA 93257-7829 Rodeo,CA 94572-1250 EI Sobrante,CA 94803-3577 357 183 005 357 183 006 357 183 006 Andres Ortiz Arenas Jr. Ensio&. Marilyn Canetta Ensio& Marilyn Canetta 7940 Brentwood Blvd X122 Revocab Canetta Revocab Canetta Brentwood,CA 94513-1045 749 San Pablo Ave 749 San Pablo Ave Rodeo,CA 94572-1250 Rodeo, CA 94572-1250 357 183 006 357 184 007 357 184 008 Ensio& Marilyn Canetta Ronald Gene& Gr Green Michael Eason Revocab Canetta 33 Vaqueros Ave 29 Vaqueros Ave 749 Sari Pablo Ave Rodeo, CA 94572-1217 Rodeo, CA 94572-1217 Rodco,CA 94572-1250 357 186 002 357 186 004 357 186 005 David l lerwat Charles Steuteville Thomas& Consuelo Gozzano 989 Springwood CtPO Boz 427 I'O Box 681 Rodeo,CA 94572-1950 Rodeo,CA 94572-0427 Pinole, CA 94564-0681 357 186 013 357 186 014 Thomas&Consuelo Gozzano Thomas& Consuelo Gozzano PO Box 681 PO Box 681 Pinole,CA 94564-0691 Pinole, CA 94564-0681 @091S aoj aleldwal as0 WlsPagS Paaj gj00WS ON 0915 slagej ssaippv eAU3AH 357 183 061 Current Resident 15 Railroad Ave Rodeo,CA 94572-1241 357 183 002 357 183 004 Current Resident Current Resident 715 San Pablo Ave 725 San Pablo Ave Rodco,CA 94572-1250 Rodeo,CA 94572-1250 357 183 005 Current Resident 733 Sari Pablo Ave Rodeo,CA 94572-1250 Q5 6 b 357 186 004 357 186 005 C •n t sl e 1 Current Resident Current Resident 700 n to ve 670 San Pablo Ave 678 San Pablo Ave Rodeo, A 5 -1 4 Rodeo,CA 94572-1154 Rodco, CA 94572-1154 357 186 013 357 186 014 Current Resident Current Resident 706 San Pablo Ave 702 Sari Pablo Ave Rodeo, CA 94572-1245 Rodeo, CA 94572-1245 00915 joj aleldwal ash WlsPays paaj yloows 41 Tom Gozzano Public Works CCC Environmental Health Dept. Old Time Realtors 2424 San Pablo Ave. C/o Steve Wright Interoffice Pinole,CA 94564 Interoffice CCC Main Library John Swett Unified School Dist. Rodeo/Iiercules Fire Protection Dist. 1750 Oak Park Blvd. 341 13 Street 1680 Refugio Valley Rd. Pleasant Hill,CA 94523 Crockett,CA 94525 Hercules,CA 94547 Rodeo Sanitary Dist. CCC Mosquito Abatement Dist. Bay Area Air Quality P.O. Box 97 C/o Charles Beesley,Dist.Manager Management Dist. Rodeo,CA 94572 155 Mason Circle c/o Environmental Review Section Concord,CA 94520 939 Ellis Street San Francisco, CA 94109 East Bay Municipal Utilities Dist. Mail Stop 701 375 11°i Street Oakland,CA 94607 �� AVERY(F) Address Labels Laser 5160@ Agenda item # Community Development Contra Costa County CONTRA COSTA COUNTY PLANNING COMMISSION TUESDAY, NOVEMBER 14 2000 7:00 PM SAN PABLO AVENUE.,, RODEO GENERAL PLAN/SPECIFIC PLAN AMENDMENT COUNTY FILE # GP2000-3 AND SP0000-1 STAFF REPORT AND RECOMMENDATIONS I. INTRODUCTION Tom Gozzano has requested all arnendnlcllt to the County General Plan and the Rodeo Waterfront/Downtown Specific Plan to allow for 12 live/work units to be built in the Rodeo Redevelopment Area. He is requesting that the 25,546 square foot parcel located at 701-705 Sall Pablo Avenue, be re-designated ti-onl Commercial Recreation (CR) to Mixed-Use Downtown/Waterfront Rodeo (M-12) i,.)r hoth the General Plan and the Specific Plan. Ile is also requesting that the Specific flan boundary be expanded to include the 25,546 square foot parcel located at 701-70� Sall Pablo Avenue. (Parcel # 357-155-001) 11. C ECA A Negative Declaration of f'nvironnlental Signiftc. nye was posted on September 27, 2000 for this project, and no comments were received on the dOCllnlent. 111. PROJECT SETTING The amendment area is bounded by San Pablo Aventle. ;l inlscellane011s commercial use, and the Southern Pacific Railroad and the waterfront to the north, the Head Start childcare facility to the east, the Contra Costa Count\, Housing Authority to the southeast, and San Pablo Avenue (secondary) and residential u-, to the south. Rodeo, from 1-80 north to the San Pablo Bay waterfront is \vithin the Rodeo Redevelopment Area and rede\,clopinent activities lorlll the basis for ill: linprovernent. of.' the physical characteristics and facilities serving the area. IV. PLANNING BACKGROUND OF THIS SITE The project site was once a small two-pump gas station that was established in the early 1900's and was closed in the mid 1960's. Since then, the site has remained vacant. The underground tanks were removed in October 1999 and the contaminated soil was removed in December 1999. After the removal of the tanks and contaminated soil, the hole was backfilled with clean soil and the site deemed clean. V. EXISTING COUNTY GENERAL PLAN As indicated in the introduction section, the site has a General Plan designation of Commercial Recreation (CR). The site is adjacent to, but not included in the Rodeo Waterfront/Downtown Specific Plan boundaries. See Figure 1 for a map of the existing General Plan designations. V1. ZONING The amendment area is zoned Retail Business (RB). VII. GROWTH MANAGEMENT CONSIDERATIONS Tile public entities, which wlll be expected to serve the project site, include: \Water-- last Bay Municipal Utility District Sewer— Rodeo Sanitary District Schools --John Swett Unified School District Realonal Recreation — East Bay Regional Park District Fire - Contra Costa County l=ire Protection District Local Parks—County Service Area R-10 Street Lighting—County Service Area L-100 Police —Contra Costa County Sheriff's Department The proposed project is on an infill site within existing service areas, thus no service standards are expected to be exceeded or violated by the approval of this project. Vill. POLICY IMPLICATIONS The policy issues involved with this General Plan amendment focus on the appropriateness of the current land use as opposed to the proposed land use. This site has been designated as Commercial Recreation (CR). The applicant is requesting that the site be designated Mixed-Use Downtown/Waterfront Rodeo (M-12). I The policies for the Rodeo area, as put forth in the General Plan, that are involved in this land use designation change include: 3-174 Direct the major portion of new residential development towards infilling and redevelopment of Rodeo proper. The proposed project is located on an infill site that is currently vacant. Approving the project will further the above-mentioned policy #3-174 in that a portion of the project is residential and the site is all infill site. 3-176 Establish the waterfront area as a focal point for the community by the development of a mixture of multiple-family parkland, retail and commercial recreational land uses. Although the proposed project is a mix of uses, the coltlnlercial aspect of the project will fulfill the above policy # 3-176 in that the policy calls for commercial in the waterfront area. 3-182 The policies set below are intended to guide the revitalization of Old Rodeo: (a) A mixture of land uses, residential, and commercial, must be established. The proposed project is a mixed-use project, which %vill be mixture of residential and commercial uses. This is consistent with the above policy 113-182 in that it calls fol- a mixture of uses. 3-183 The waterfront is one. of' Rodeo's biggest assets. However, at the present tune access to the waterfront is limited both viSualk and physically. By designating this area Con-liercial Recreation in the I'lan it is anticipated that properties will eventually convert to uses, which capitalize upon the proximity of the bay. The Recreation Element provides for a waterfront promenade between the marina and the sanitary district facility. This linear recreation facility in combination with commercial recreation business could provide an exciting focal point for the town. The proposed project site is currently designated Conlmercial Recreation. However, the site is located across the street from the waterfront in a primarily residential area, with some commercial uses. Changing the land use designation will not interfere with the linear recreation facility mentioned in policy 1/ 3-183 above. Also, there is no direct access 1ronl the project site to the waterfront. I here arc currently commercial uses located in that area as well as the Southern Pacific Railroad tracks, which block access to the waterfront area. IX. RECOMMENDATION Recommend the adoption ofthe following General Plan.Rodeo Waterfront/Downtown Specific Plan Changes: ■ The existing Land Use Element Map be amended to show that parcel number 357- 185-001 be re-designated from Commercial Recreation (CR) to Mixed-Use Downtown/Waterfront Rodeo (M-12). The reason for the M-12 designation is that it will allow for more consistency within the waterfront/downtown area. The project site is consistent with the M-12 designation, which is specifically geared towards the Downtown/Waterfront area of Rodeo and the project site is located in that Waterfront area. The M-12 designation was chosen over the M-I designation because M-1 deals specifically with Parker Avenue, which is not consistent with the project site. See Figure 2 for map of the proposed designation changes. ■ The existing Rodeo Waterlront/Downtown Specific Plan be amended to expand the Specific Plan boundary to include parcel # 357-185-001. See Figure 2 for map of the proposed designation changes. X. 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INTRODUCTION Tom Gozzano, (Applicant& Owner), County File# LP002027: This is a request for a land use permit and development plan to construct 12 live/%\-ork units on a vacant parcel. The property is located at 701 —705 San Pablo Avenue, in the Rodeo area of West Contra Costa County. (CR) (RB) (ZA: D-7) (CT: 3580) (Parcel #357-185-001). Il. RECOMMENDATION Staff recommends approval with conditions. I1I. GENERAL INFORMATION A. General Plan: The property is designated Commercial/Recreation (CR). B. Zoninyl: The property is zoned Retail/Business (RB). C. CEQA Status: A mitigated negative declaration was posted for the project on September 27, 2000. The public review period ended on October 19, 2000. D. Regulatrny Programs: 1. Flood l lizards: This project is designated Flood Zone "A and C" (Panel 4 075). 2. Active Fault Zone: The project is not within an Alquist-Priolo Earthquake Fault Zone. 3. Noise Hazards: According to the Nome Element of the General flan, the site is not within all area experiencing noise levels of 60 dBA or greater. 4. Redevelopment: The proposed project site is within the Rodeo Redevelopment Project Area. E. Previous Applications: None IV. AREA AND SITE DESCRIPTION The proposed site is within the Rodeo Redevelopment area. The area consists of residential and commercial uses. In the northwesterly direction of the site is a miscellaneous commercial use,the Southern Pacific Railroad, and San Pablo Bay. The Rodeo Sanitary District properly is to the north, across the primary San Pablo Avenue. Located to the east of the site is the Head Start Child Care facility and the Contra Costa County Housing Authority. To the south of the site is a residential area and to the southwest is a commercial area. The proposed site is relatively flat and is located is located within the "A and C" (100 year) flood zone. V. PROJECT DESCRIPTION The applicant is proposing the new construction of 12 live work units in all approximately 17,280 sq.ft. building oil a vacant 25,546 sq.ft. lot. Each unit will consist of ground floor workspace and second floor studio-type living space. The ground floor commercial (or workspace) is approximately a total of 9,180 sq.ft. and the second floor residential is approximately a total of 8,100 sq.ft. The applicant is proposing to provide a total of'34 parking spaces. See Figure 1 for the site plan. The studio type living quarters will be various sizes ranging from 536 sq.ft. units to 986 sq.ft. units. Each unit will have one bathroom. a kitchen, dining area, and a Ilvinglsleeping area. Tile commercial spaces or xvorkspaces range In size Iron 600 sq.ft. units to 1,080 sq.ft. units. Each unit will have a workspace, garage door and room to park, storage arca, and a bathroom. See Figure 2 for floor plans. V1. AGE'NC:Y COMMENTS A. Building, Inspection Department: Survey stakes required. B. California Historical Resources Information System: No known historical resources are located on this site. However, the proposed project area has the possibility of containing unrecorded archaeological site(s). A study is recommended prior to commencement of project activities. If archeological resources are encountered during the project. work in the immediate vicinity of the finds should be halted until a qualified archeologist has evaluated the situation. C. Public Works [)epart_nlent: Access should be tram the secondary road(Old San Pablo Avenue) and not the primary road (San Pablo Avenue). A sketch plan for the road improvements should be submitted for review prior to initiating final design improvements. The adequacy of the drainage facilities will need to be verified prior to allowing the new development to discharge storm waters to them. A portion of the project site is in the Special Flood Hazard Area. The development will be subject to the requirements of the County's Floodplain Management Ordinance, which may include elevating a portion of the site above the floodplain. (See attached) D. East Bay Municipal Utili District: The property currently has water service. If additional water service is required, the applicant should contact EBMUD's New Business Office to request a water service estimate to determine the cost and conditions for providing additional water service to the proposed development. E. Rodeo Municipal Advisory Council: Tile project was reviewed at the Rodeo MAC meeting on March 15,2000 and on September 20, 2000. The MAC recommended approval of the project. F. Redevelopment Agency: The Redevelopment .=agency recommends approval of the project as it meets the goals t11e policies set forth in the Redevelopment Plan for the Rodeo Redevelopment Project Area. G. Rodeo Sanitary District: The Rodeo Sanitary District requires that the District approve plans for new connections or usage. NCW omits must also pay connection and lI1Sl)eCtlOII fees. H. Rodeo-Hercules }fire District: No "IF 1110 Occupancies sltall be allowed within the garage Work areas unless appropriate construction is provided. (See attached) 1. HSD, Environmental Health, Concord: \o ,:onurlents. V11. AGENCY POLICIES AND STANDARDS A. General Plan Policies for the Rodeo Area: The proposed project is consistent with the policies guiding development in the Rodeo Area.particularly policy numbers 3-174, 3-176, and 3-1 82(a). "I he Following is a disCLISS1 011 of each policy. ■ Policy 3-174 states: Direct the inafor portion()f new residential development toivardv rnfillirr�J and redevelopir�e�rt of hoc.` o proper. Lf the live work units, which will.be new residential construction. are built on the proposed site, the project will be an infill activity. The site i� a vacant lot with the Southern Pacific Railroad to the north, commercial activities to the west, residential to the south, and to the east a childcare tacilit\ and the CCC Housing Authority. This project would be consistent with the policy of directing new residential development towards infill. ■ Policy 3-176 states: Establish the waterfront area as a focal point for the community by the development of a mixture of multiple family, parkland, retail, and commercial land uses. The live work units are designed so that the second floor is a living space and the first floor is a commercial space or work area. Since the project has a commercial element and the site is across from the waterfront, the project is consistent with this policy. The project's commercial element will help to establish the waterfront area as a focal point. ■ Policy 3-182(a) states: The policies set forth below are intended to guide the revitalization of Old Rodeo. (a) A mixture of land uses, residential and commercial, must be established. The live work units are a mixed-use of residential and commercial.This will help to establish a mixture of land use in the area. Therefore, the project is consistent with this policy. B. Rodeo Redevelopment Area Plan: The proposed project. will further advance the goals and objectives set forth in the Rodeo Redevelopment Area Plan. Specifically objective number one, which states: Facilitate new e,nployment generating land use development and enhance existing employment generating land use area. The live work units have a commercial component, which will generate employment Opportunities. C. Rodeo Waterfront/Downtown Specific Plan: '1-lie proposed project site is not located within the Specific Plan boundaries. However, the site borders two of the boundary lines. Staff is recommending tli,it the Specific Plan be amended to include this property. The proposed project is consistent with Specific plan's goals and policies, specifically land use police number 3.2, which states: Retain alld increase oppol"lllllllles for llvelworli slmc c. >:Il'lI(.'1l1C11"Iv oriented to the local arlist c.'olllillun tl'. In addition, the revitalization strategy portion of the Plan calls for more mixed-Uses and the proposed live/work project is a mixed-Use. Also,the proposed project will be using the mixed-use district development standards outlined in the Specific Plan, and the project \\ill be using nautical colors for the buildings, which was called out in the Specific Plan's design guidelines. Vill.. STAiT CONS]DFRATIONS A. Approljriateness of Use: The proposed project consists of commercial space as well as residential. The surrounding uses ofthe site include residential, commercial, and pllblic/senll-public. Given that the proposed proiect is a mix of residential.and commercial there are no obvious conflicts with the sllrrOliilding uses. Also, a illlxed- use project such as this will serve as a point of transition from the residential area into the commercial downtown. Since the site is currently vacant,the proposed project will be directing the major portion of new residential development towards infill, which is consistent with the General Plan policies for Rodeo. B. General Plan/Zoning Compliance: According to the Contra Costa County Zoning Code,Retail Business relates to the sale,barter,and exchange of retail goods, wares, merchandise, services, or other personal or real property or any interest in them for profit or livelihood. Also,structures having three or more residential apartment units are permitted after the issuance of a land use perniit in a Retail Business district. The existing Contra Costa County General Plan designation for the site is Commercial Recreation (CR). Uses allowed under this designation include; marinas and similar facilities, campgrounds, golf courses, outdoor sports, and athletic complexes. However, the County is currently considering a General Plan/Specific Plan amendment, which would change the CR designation to Mixed-Use Downtown/Waterfront Rodeo (M-12). Under the Mixed-Use designation the proposed project would be allowed. IX. CONCLUSIONS The proposed project is consistent with adopted plans. has community support, and will benefit the community of Rodeo. Staff recommends approval of the project,subject to the attached conditions of approval. /�-Z- o0 Attached Agency Comments IQ/11/00 WED 16:38 FAZ 925 313 2333 CCC PUBLIC WORMi �y+ KtiLliY, AGENCY Uvil PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: October 10, 2000 TO: Maureen Toms, Project Planner, Community Development FROM: 1kawrence V. Gossett, Consulting Civil Engineer,Engineering Services SUBJECT: PERMIT LP 00-2027 STAFF REPORT & CONDITIONS Or APPROVAL (Gozzano/San Pablo Ave./Rodeo AreaJAP# 357-185-001) FPLC: LP 00-2027 We have reviewed the application and revised site plan for tllc subject development received by your office on September 19, 2000 and submit the following corlimerlts: Background Info rrltation The proposed project is a mixed-use live/Nvork development, From the site plan.; it reselnbl.es a townhouse project, �vitll the garage area.at street grade doublinL, as a shop/Work space. The project is located in the Podeo redevelopinent area. The :« is currently vacant. Trafllc :uld Circulation The site has dual frontage: The San Pablo Avenue exterlsiorl of Parker Avenue (Road 1' 0971 C) fronts the northwest portion of this irregularly shaped parcel. A remnant of "old." Sail Pablo Avenue (Road 1: 1795K) fronts the southerly portion of the site arld is all extension of Vaqueros Avenue_ To avoid confusion, these mo roads will be herein referred to as "SPA-M" (for main) and "SPA-S" (for secondar)-). The intersection of the two San Pablo Avenues is fultllc? complicated by the presence of R<ti.lroad Ave.nuc immediately to the west, forming a non-star,!,_:d four-way intersection. The site plan has been revised to eliminate the access to SPA-1\t. The revised site access uses a dual driveway system from SPA-S. I'he Public Wont-s Department, in cooperation v ith the. Ped--velopnlent Agency, is proposing some rec011strl_1ct1011 in the vicinity of this project. 1 tic anticipated schedule for these improvements Is t\,,,o to three: years frons now, and. play be lir ntcd to roadway improvements only, not curbs and sideivall:.s. 1'lle existing cul"b title alomi SPA-M is to remain at its current location. A sidewalk will be required contiguous to the curb. L-0111100 WED 16:38 FAX 925 313 2333 CCC PUBLIC WORKS •.. REDEV, AGENCY �AU2 The proposed stzect widening along "SPA-S" is only anticipated to be 12,2 natters (40± feet) v,ithin the existing 21.3± meter (70 foot) right of way. A sketch plan for these proposed improvements should be submitted for review prior to initiating design of final improvements. The sketch plan should include rights of way, existing striping and edge of pavement for both sides of each street,and should extend at least 100 meters beyond the project frontage in order to evaluate proposed transitions. It appears Vaqueros Avenue, a `paper street" along the east property line may be surplus right of way. The applicant may wish to investigate the possibility of having the right of way vacated by the County for possible inclusion into the proposed project. Drainage Drainage facilities have been installed along "SPA-M". These facilities convey ninoff southwesterly to the Rodeo Creel:charmer. The adequacy of these improvements will need to be verified prior to alto-,ving the new development to discharge stoml waters to thein. A portion of the site is located witliin a Special. Flood Hazard Mica (ST'IIA) as designated on the Flood li-isuraiicc Rate Maps prepared for the County by FE\4A as part of the Federal Flood Insurance Program. 11ils portion of the property is subject to flooding during an annualized 1% storm, event. This development wilt be subject to the requirements of the Count}r's Floodplain Management Ordinance. This ntav include elevating a portion of the site to raise it above the flood plain. G'�pDuaLn�.Sc\Iwq'l;or(]000\OclJxr`S_P0020'.%; cc li.131I1cne".Lu!wxnn;scc'uc; ram Goulno do OW Tune P.:altars.2724 fat Poblo A\uwc.P sole,CAQ 9a:.� R DEO- HERCULES FIRE PROTECTION DISTRICT 1680 REFUGIO VALLEY ROAD HERCULES,CALIFORNIA 94547 (510) 799-4561 FAX: (510) 799-0395 March 31, 2000 Community Devl: ;.opr<ent Department County Admini:: :ration Building 651 Pine St, .: .h Floor, North Wing Martinez, CA Attn:Maureen )ms RE: TOM GOZZ.-� 10, 701-770 SAN PABLO A--?• FILEtt LP.) .)2027 I have review, !, t the preliminary concep� Ulan for the above- mentioned pro. -ct and would like to c=fer the following: 1 . Access for this project appears 7--::=—ate and meets Fire District arc uniform Fire Code rec.-_-ements . 2 . Water supply with reduction for fire sprinklers shall bE! 1500 gpm frcm two hydrants flowing. Location of existing hydrants iS acceptable for the 3_ Fully auton tic, supervised fire sprinkler system(s) shall be provides and installed as per 1v=P% 13 and all other applicable codes and standards. Plan-s for such shall be submitted tc the Fire District for review and approval prior to ccr.struction. Installationn of such systems, including Lrderground water supply s:-311 be performed by a minimum C-1 E licensed contractor 4. Activation cf the fire sprinkler system shall cause an audible al,�rm to be heard within individual units_ 5. Fire extinc� ishers of a minimum 2 10-$C rating shall he provided fcz each work area and be orated near individual exits_ Maureen Toms March 30, 2000 Page -2- 6. No "H" type occupancies shall -be allowed within the garage work areas unless appropriate construction is provided, (Automotive repair and paint shops. Spraying or dipping operations. Storage or handling of f:lanunable, combustible or hazardous materials beyond exempt amounts. ) 7. Fire District- fees are calculated at $80. 00 per hour and will be invoiced at time of completion for plan/check, sprinkler plan review and on site inspections. Fees for this portion of the project are $80 . 00 and are invoiced with this letter. Fees are remitted directly to the Rodeo-Hercules Fire District, If you have any questions regarding this matter_ , please contact me at, (S3_0) 799-4561 . Thank you. Alan 13i.agi. , 13attalion Chief Rodeo--Hercu]_e:.3 I.,i1 e llistrict. CC: Tom Gozzano, Developer/Owner Rodeo Redevelo pment protect Arca North 1"=1200' j BLO BAY r i . 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CLERK 4th Floor, North WingT COSTS COUNTY Martinez, California 94553-0095 3 .::; I< BY EPUTY Phone: err:.:-y.,',J� September 27, 2000 q c•ouxt' REVISED NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A PROPOSED MITIGATED NEGATIVE DECLARATION County File # LP002027, GP2000-3, and SP0000-1 Pursuant to the State of California Public Resources Code and the"Guidelines for Implementation of the California Environmental Quality Act of 1970" as amended to date, this is to advise you that the Community Development Department of Contra Costa County has prepared an initial study on the following project: TOM GOZZANO, (Applicant/Owner), County File #LP002027, GP2000-3, and SP0000-1: The proposed project involves; an amendment to the Contra Costa County General Plan to change the proposed project site's land use designation from Commercial Recreation(CR)to Mixed-Use Downtown/Waterfront Rodeo(M-12);an amendment to the Rodeo Waterfront/Downtown Specific Plan to expand the Specific Plan boundary to include parcel#357-185-001 and to change the proposed project site's land use designation from Commercial Recreation (CR) to Mixed-Use Downtown/Waterfront Rodeo(M-12); and the new construction of 12 live/work units on a 25,546 sq.ft. vacant lot. The proposed project is located in West Contra Costa County at 701-705 San Pablo Avenue, Rodeo. Potentially significant impacts related to Cultural Resources, Hydrology and Water Quality, and Noise have been identified in the initial study. Mitigation measures have been incorporated which reduce these impacts to all insignificant level. A copy of the Mitigated Negative Declaration and all documents referenced be reviewed in the offices of the Community Development Department, and Application and Pennit Center at the McBrien Administration Building,North Wing, Second Floor, 651 Pine Street, Martinez, during normal business hours. Public Comment Period - The period for accepting comments on the adequacy of the environmental documents extends to 5:00 P.M., Thursday, October 19, 2000. Any comments should be in writing and submitted to the following address: Lesley Xavier, Planner Contra Costa County Community Development Department 651 Pine Street,North Wing, 4th Floor Martinez, CA 94553 It is anticipated that the proposed Mitigated Negative Declaration will be considered for adoption at a meeting of the Contra Costa County Planning Commission on Tuesday,October 24,2000. The meeting is anticipated to be held at 7:00 pm at the Board Chambers at 651 Pine Street, Martinez, CA. It is expected that the Planning Commission will also conduct a hearing on the application at the same meeting. Interested parties may contact staff at(925)335-1251 to confirnl the time and date of the hearing. OL& c1�lJC e� Lesley Xavier Planner cc:County Clerk's Office(2 copies) Public Works-Steve Wright CADATAMPWPI101'993001.N1 Office Hours Monday - Friday: 8:00 a.m. - 5:00 p.m. Office is closed the 1 st, 3rd & 5th Fridays of each month Environmental Checklist Form 1. Project Title: County Files LP002027,GP2000-3,and SP0000-1 2. Lead Agency Name and Address: Contra Costa County Community Development Department 651 Pine Street,North Wing-4th Floor Martinez,CA 94553 3. Contact Person and Phone Number: Maureen Toms (925)335-1250 4. Project Location: 701-705 San Pablo Avenue Rodeo,CA 94572 5. Project Sponsor's Name and Address: Tom Gozzano,c/o Old Time Realtors 2425 San Pablo Ave. P.O. Box 681 Pinole, CA 94564 6. General Plan Designation: Commercial Recreation(CR)—existing designation Mixed-Use(M-12)—proposed designation 7. Zoning: Retail Business(RB) 8. Description of Project: The applicant is proposing the new construction of 12 live/work units on a 25,546 sq.ft. vacant lot. 9. Surrounding Land Uses and Setting: The subject property is bounded by miscellaneous commercial to the north (M-12), as well as the Southern Pacific Railroad to the north(PS),the Head Start child care facility to the northeast(PS),residential to the south(ML), and residential to the southeast and west(MH). 10. Other public agencies whose approval is required: None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use and Planning _ Transportation/ _ Public Services Population&Housing Circulation _ Utilities & Service Geological Problems _ Biological Resources Systems Water _ Energy & Mineral _ Aesthetics Air Quality Resources _ Cultural Resources Mandatory Findings of _ Hazards Recreation Significance _ Noise ✓ No new Potentially Significant Impacts Identified WAPersonalTlannirig ApplicationAp002027.env.doc 2 DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s)on the environment,but at least one effect (1)has been adequately analyzed in an earlier document pursuant to applicable legal standards,and(2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only.the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because all potentially significant effects(a)have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earli EIR, including revisions or mitigation measures that are imposed upon the proposed project. r7,'0' hu�� September 27, 2000 Signature 6 ' Date Lesley Xavier CCC Community Development Department Printed Name For Siinatire Maureen"Toms Approved PROJECT DESCRIPTION& LOCATION The applicant requests approval of a County General Plan and Rodeo Waterfront/Downtown Specific Plan amendment to allow for 12 live/work units to be built in the Rodeo Redevelopment Area. The applicant is requesting that the 25,546 square foot parcel located at 701-705 San Pablo Avenue in Rodeo,be designated from Commercial Recreation (CR) to Mixed-Use Downtown/Waterfront Rodeo (M-12) for both the General Plan and the Specific Plan. The applicant is also requesting that the Specific Plan boundary be expanded to include the 25,546 square foot parcel located at 701-705 San Pablo Avenue. The amendments would allow the site to be more consistent with adjacent uses.The proposed project includes one building that consists of ground floor workspace and second floor studio type WAPersonatTlanning ApplicationsVp002027.env.doc 3 living space.The project also includes necessary site improvements such as parking,lighting,utilities,fencing,refuse enclosure,signage,and landscaping. CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEOA) The Environmental Impact Report(EIR)for the Rodeo Downtown/Waterfront Specific Plan was certified on August 12, 1997.This is a program EIR prepared in accordance with Section 15168 of the California Environmental Quality Act(CEQA)Guidelines.CEQA enables the EIR to serve as a tiering document for individual development projects proposed for the Specific Plan area. The program EIR addressed all of the significant cumulative impacts of the amendments of the Specific Plan.Subsequent activities(i.e.development plans)in the program(Specific Plan)must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared.If a later activity would have effects that were not examined in the program EIR,a new Initial Study would need to be prepared,which could lead to a Negative Declaration or a Mitigated Negative Declaration. SOURCES In the process of preparing the Checklist and conducting the evaluation,the following references(which are available for review at the Contra Costa County Community Development Department,651 Pine Street 5th Floor-North Wing, Martinez)were consulted: 1. Contra Costa Resource Mapping System -Quad Sheet Panels Mare Island, CA 2. The(Reconsolidated)County General Plan(July 1996)and EIR on the General Plan (January 199 1) 3. General Plan and Zoning Maps 4. Field review on August 23, 2000 5. Contra Costa County Zoning Code, (April 1998) 6. Site Plan LP9002027–dated March 20, 2000 7. The Rodeo Downtown/Waterfront Specific Plan(August 12, 1997) 8. EIR on the Rodeo Downtown/Waterfront Specific Plan(August 12, 1997) 9. Project Description 10. Soil Survey of Contra Costa County EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact [. AESTHETICS. Would the proposal: a. Have a substantial adverse effect on a scenic X_ vista?(Source 1,2,4,6,7,8) b. Substantially damage scenic resources, — _X_ including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?(Source 1,2,4,6,7,8) WAPersonal\Planning Applications\Ip002027.cnv.doc 4 C. Substantially degrade the existing visual _X character or quality of the site and its surroundings? (Source 1,2,4,6,7,8) d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? (Source 1,2,4,6,7,8) SUMMARY: The proposed project site, located on San Pablo Avenue, is currently a vacant lot. The site is also situated at one of the main gateways into the Rodeo community.Using this infill site for development will improve the aesthetics of this gateway.Also,the project is consistent with Rodeo's waterfront village theme,in that the design and color scheme will be that of a nautical theme. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact 11. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model(1997) prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agricultural and farmland. Would the project: a. Convert Prime Farmland,Unique Farniland or _X_ Fartnland or Statewide Importance (Fannland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Source 2,3,4,8) b. Conflict with existing zoning for agricultural _ _X_ use, or a Williamson Act contract? (Source 2,3,4,8) C. Involve other changes in the existing _X_ environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (Source 2,3,4,8) SUMMARY: The proposed project site is currently vacant and undeveloped.The site is not used for any agricultural uses,nor is it zoned for agriculture.Since the site is not associated with any agricultural uses,the proposed use will not impact agricultural resources. W:\Personal\Planning Applications\Ip002027.env.doc 5 Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact I.II. AIR QUALITY. Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relief upon to make the following determinations. Would the project: , a. Conflict with or obstruct implementation of _ X the applicable air quality plan(Source 2,3,6) b. Violate any air quality standard or contribute _ X to an existing or projected air quality violation?(Source 2,3,6) C. Result in a cumulatively considerable net X increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard(including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Source 2,3,6) d. Expose sensitive receptors to substantial _X_ pollutant concentrations?(Source 6,9) e. Create objectionable odors affecting a _X_ substantial number of people?(Source 6,9) SUMMARY: Short-term emissions and objectionable odors may be generated during construction activities, but they are minor and temporary. To minimize this impact, the Conditions of Approval for the project include a requirement for the use of properly tuned and muffled equipment and the elimination of any unnecessary idling of machines when not in use.The proposed project site will be developed as a mixed-use project,with commercial and residential uses.This type of project reduces car trips made each day because its residents will be working and living in the same building. Therefore, the project will have no significant impact on air quality. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact IV. BIOLOGICAL RESOURCES. Would the project: a. Have a substantial adverse effect, either _X_ directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or W:\Pcrsonal\Ptanning Applications\I1)002027.env.doc 6 regional plans, polices, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Source 1,2,5,8) b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Source 1,2,5,8) C. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption,or other means?(Source 1,2,5,8) d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Source 1,2,5,8) C. Conflict with any local policies or ordinances X protecting biological resources, such as tree preservation policy or ordinance? (Source 1,2,5,8) f. Conflict with any local policies or ordinances _X_ protecting biological resources, such as tree preservation policy or ordinance? (Source 1,2,5,8) SUMMARY: The proposed project is located on an infill site,which was previously used as a gas station, and not in a habitat area.Therefore,there will be no impact to biological resources. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact V. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the ,X_ significance of a historical resource as defined in §15064.5? (Source 1,2,3,8) b. Cause a substantial adverse change in the _ _X_ significance of an archaeological resource pursuant to §15064.5?(Source 1,2,3,8) WAPersonal\Planning Applications\lp002027.env.doc C. Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature?(Source 1,2,3,8) d. Disturb any human remains, including those _}{_ interred outside of formal cemeteries? (Source 1,2,3,8) SUMMARY: The site is not identified in the Contra Costa County General Plan's Archaeological Sensitivity map as being a known archaeological site,or as having a likelihood of such.The sites former use was a gas station.At the time of removal of the gas stations underground tanks no cultural resources were uncovered. However,in the event that sordething should be uncovered the following mitigation measure will reduce the impact: Impact: There is the potential for cultural resources to be uncovered as a result of the proposed project. Mitigation Measure: In the event that cultural resources should be uncovered during the course of construction all earth moving activities in the area of the find will-cease until a qualified archeological consultant examines the findings,asses their significance and offers a proposal for any procedures deemed appropriate to further investigate and/or mitigate adverse impacts to those cultural resources which have been encountered. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact VI. GEOLOGY AND SOILS. Would the project? a. Expose people or structures to potential _X_ substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Source 2) 2. Strong seismic ground shaking? (Source 2) 3. Seismic-related ground failure, including liquefaction?(Source 2) WAPersonalTlanning ApplicationsVp002027.env.doo 8 4. Landslides?(Source 2,10) b. Result in substantial soil erosion or the loss of X topsoil?(Source 2,10) C. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence,liquefaction or collapse? (Source 2,10) d. Be located on expansive soil, as defined in X Table 18-1-B'of the Uniform Building Code (1994), creating substantial risks to life or property?(Source 2,10) e. Have soils incapable of adequately supporting X the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of wastewater? (Source 2,10) SUMMARY: The soil on the site is Cropley Clay. This soil has slow runoff and the hazard of erosion is slight. In addition, a standard Condition of Approval requires erosion control measures to be taken during construction. Therefore, the project will have a less than significant impact on soils. Potentially significant 1 mpact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact VII. HAZARDS AND HAZARDOUS MATI+,RIALS. Would the project: a. Create a significant hazard to the public or the _X_ environment through the routine transport, use, or disposal of hazardous materials? (Source 9) b. Create a significant hazard to the public or the _ _X_ environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?(Source 9) C. Emit hazardous emissions or handle X hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?(Source 9) d. Be located on a site which is included on a list X of hazardous materials sites compiled pursuant to Government code Section 65862.5 and, as a result, would it create a significant hazard to the public or the WAPersonah.Planning ApplicationsMp002027.env.doc 9 environment?(Source 9) e. For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area. (Source 2,3,6,9) f. For a project within the vicinity of a private airstrip,would the project result in a safety ^ hazard for people residing or working in the project area? (Source 2,3,6,9) g. Impair implementation of or physically X interfere with an adopted emergency response plan or emergency evacuation plan?(Source 2,9) h. Expose people or structures to a significant X risk of loss, injury or death involving wild land fires, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands? (Source 1,2,8,9) SUMMARY: The project has the potential to release hazardous substances,such as petroleum spills,during construction. These potential impacts are minimized to a less than significant level with standard safety practices(i.e.installing sufficient signs warning about construction and detours,marking of underground lines before trenching,etc.).Also, the project site was previously a gas station. The underground tanks from that gas station were removed in 1999 and the site was restored. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact VIII. HYDROLOGY AND WATER QUALITY.Would the project: a. Violate any water quality standards or waste _X_ discharge requirements?(2,3,8,9) b. Substantially deplete groundwater supplies or _ _X_ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)?(2,3,8,9) WAPersonal\Planning Applications\lp002027.env.doc 10 C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on-or off-site? (2,3,8,9) d. Substantially alter the existing drainage _X_ pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner,which would result in flooding on- or offsite? (2,3,8,9) e. Create or contribute runoff water, which X would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff?(2,3,8,9) f. Otherwise substantially degrade water X quality?(2,3,8,9) g. Place housing within a 100-year flood hazard _X_ area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?(2,3,8,9) h. Place within a 100-year flood hazard area _X_ structures, which would impede or redirect flood flows? (2,3,8,9) i. Expose people or structures to a significant X_ risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (2,3,8,9) J_ Inundation by seiche, tsunami, or mudflow? _X_ (2,3,8,9) SUMMARY: The proposed project would increase the impervious surface of the site.The applicant will be required to collect and convey runoff. This will result in an increase in runoff to the drainage facilities, . however the increase in surface water is not considered significant. Also, portions of the site are within the 100-year flood hazard area and could expose people and properly to hazards associated with floods,therefore the implementation of the following mitigation measure will reduce the impact to a less than significant level: Impact: A portion of the site is within the flood hazard area and could expose people and/or property to the hazards associated with floods. Mitigation Measure: WAPersonal\Planning Applications\Ip002027.cnv.doc 11 The site shall be elevated above the 100-year flood elevation in accordance with the County's Flood Plain Ordinance. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact IX. LAND USE AND PLANNING. Would the project: a. Physically divide an established community? _X_ (2,3,6,7,9) b. Conflict with any applicable land use plan, _ _X_ policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program,or zoning ordinance) adopted for -the purpose of avoiding or mitigating an environmental effect? (2,3,6,7,8,9) C. Conflict with any applicable habitat ^X_ conservation plan or natural community conservation plan? (2,3,6,7,8,9) SUMMARY: The sites current General Plan designation is Commercial Recreation(CR). The site is not within the boundaries of the Rodeo Waterfront/Downtown Specific Plan.,but the applicant is requesting for the CR designation to be amended in both plans to Mixed-Use Downtown/Waterfront Rodeo(M-12),which has more applicable land use policies,is consistent with the proposal,and is a more flexible designation.Also, the Mixed-Use designation would be more consistent with adjacent designations and the surrounding residential and commercial uses. Therefore, changing the General Plan Designation and expanding the Specific Plan boundaries to include this parcel will have a less than significant impact on the arca. Potentially significant Impact, Unless Less than Potentially Mitigation Significant significant Incorporated Impact No Impact Impact X. MINERAL RESOURCES. Would the project: a. Result in the loss of availability of a known _X_ mineral resource that would be of value to the region and the residents of the state?(1,2,6,8) b. Result in the loss of availability of a locally- _ _X_ important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (1,2,6,8) W:\Pcrsonal\Planning Applications\Ip002027.ettv.doc 12 SUMMARY: Due to the nature of the project and the site description,the proposed project will not result in impacts to mineral resources. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact XI. NOISE. Would the project: a. Exposure of persons to or generation of noise X levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Source 2,6,9) b. Exposure of persons to or generation of _ _X_ excessive ground borne vibration or ground borne noise levels?(Source 2,6,9) C. A substantial permanent increase in ambient X noise levels in the project vicinity above levels existing without the project? (Source 2,6,9) d. A substantial temporary or periodic increase _X_ in ambient noise levels in the project vicinity above levels existing without the project? (Source 2,6,9) C. For a project located within an airport land _X_ use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project arca to excessive noise levels? (Source 2,8) f. For a project within the vicinity of a private _X_ airstrip, would the project expose people residing or working in the project area to excessive noise levels?(Source 2,8) SUMMARY: The proposed project will result in an increase in noise level during construction.However, this is a temporary impact,which will be reduced to a level of insignificance due to the County's requirements for the use of properly snuffled and tuned construction equipment. Also, it is a Condition of Approval that construction hours,traffic flow,and heavy equipment usage hours are restricted,which will reduce the noise impact to a level of insignificance. The Noise Element of the General Plan includes an exterior noise goal of DN L 60 d13 for outdoor use areas of residential developments,however it is recognized that a DNL of 60 dB or less may not be achievable due to economic or aesthetic conditions.The Noise and Land Use Compatibility Guidelines state that a noise level below 65 dB to be normally acceptable and noise levels between 60 dB and 70 dB to be conditionally WAPersonal\Planning Applications\Ip002027.cnv.doc 13 acceptable for multi-family residential uses.The General Plan also requires that an interior noise environment of DNL 45 dB or less be provided for all new residential developments.The proposed project could exceed the interior noise standard of DNL 45 dB. In order to mitigate the effect of noise on the project the following mitigation measure will reduce the impact to a less than significant level: Impact: The proposed project could exceed the interior noise standard of DNL 45dB. Mitigation Measure The applicant shall comply with Title 25 of the California Code.Compliance will require the preparation of an acoustical study for the project to assure a daytime interior noise level of not more than 45 dBA on the CNEL scale. In the event that the interior noise level would exceed that number all residential facades will be required to have sound rated windows and sliding-glass doors.However,all of the windows and/or sliding glass doors would need to be in the closed position to achieve indoor noise standard. Title 24 of the California Code of Regulations requires that adequate ventilation be provided in these rooms so that the windows can remain in their closed position, while maintaining a habitable environment. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact XII. POPULATION AND HOUSING. Would the project: a. Induce substantial population growth in an _X_ area, either directly (for example, by proposing new homes and businesses) or directly (for example, through extension of roads or other infrastructure)? (Source 1,2,3,6,7,9) b. Displace substantial numbers of existing _ _X_ housing, necessitating the construction of replacement housing elsewhere? (Source 1,2,3,6,7,9) C. Displace substantial numbers of people _ _X_ necessitating the construction of replacement housing elsewhere?(Source 1,2,3,6,7,9) SUMMARY: The proposed 12 units that are proposed will potentially only yield 24 additional people.This increase is not significant. This project is an opportunity for infill housing on a vacant parcel within a WAPersonal\Planning Applications\Ip002027.env.doc 14 redevelopment area and will not induce substantial growth. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact XIII. PUBLIC SERVICES. Would the project: a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: (Source 2,3,6,8,9) 1. Fire Protection? 2. Police Protection? 3. Schools? 4. Parks? 5. East Bay Municipal Utilities District 6. Rodeo Sanitary District SUMMARY: The proposed project is within the existing urban boundaries served by the Rodeo-Hercules Fire District, Contra Costa County Sheriff Department, John Swett School District, and other various Agencies serving the area. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact XIV. RECREATION. a. Would the project increase the use of existing _X_ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?(Source 2,3,6,7,8,9) b. Docs the project include recreational facilities _ _X_ or require the construction or expansion of recreational facilities, which might have an W:\Personal\I'lanning Applications\Ip002027.env.doc 15 adverse physical effect on the environment? (Source 2,3,6,7,8,9) SUMMARY: The demand for parks will increase as a result of the proposed project.However,the impact will be less than significant and the applicant is required to comply with the Park Dedication Fee Ordinance, which will offset any impacts on recreation. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact XIV. TRANSPORTATION/TRAFFIC. Would the project: - a. Cause an increase in traffic, which is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)?(Source 2,3,6,7,8) b. Exceed,either individually or cumulatively, a _ _X_ level of service standard established by the county congestion management agency for designated roads or highways? (Source 2,3,6,7,8) C. Result in a change in air traffic patterns, _ _X— including tither an increase in traffic levels or a change in location that results in substantial safety risks?(Source 2,3,6,7,8) d. Substantially increase hazards due to a design _ _X_ feature (e.g., sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment)?(Source 2,3,6,7,8) e. Result in inadequate emergency access? _ _X_ f. Result in inadequate parking capacity? _ —X- 9. Conflict with adopted policies, plans, or _ _X_ programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Source 2,3,6,7,8) SUMMARY: The current design of the proposed project allows access to the site from both the primary and WAPetsonal\Planning Applications\ip002027.env.doc 16 secondary street, San Pablo Avenue. Access from the primary San Pablo Avenue could result in traffic conflicts on that street. Staff recommends that access to the site be limited to only the secondary San Pablo Avenue. The project applicant/owner has agreed to reconfigure the site in order to address this concern. Also, it is a Condition of Approval that access to the site is from the secondary street. This will make the impact to the traffic flow on the primary street less than significant. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Source 2,3,6,7,8,9) b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction or which could cause significant environmental effects?(Source 2,3,6,7,8,9) C. Require or result in the construction of new X storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Source 2,3,6,7,8,9) d. 1-lave sufficient water supplies available to _ _X_ serve the project from existing entitlement and resources, or are new or expanded entitlement needed?(Source 2,3,6,7,8,9) e. Result in a determination by the wastewater _ _X_ treatment provider,which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments?(Source 2,3,6,7,8,9) f. Be served by a landfill with sufficient _ JX_ permitted capacity to accommodate the project's solid waste disposal needs?(Source 2,3,6,7,8,9) g. Comply with federal, state and local statutes _ `X_ and regulations related to solid waste? (Source 2,3,6,7,8,9) SUMMARY The proposed project is an infill site located within the existing urban boundaries,served by various utilities including; PG&E, telephone companies, East Bay Municipal Utility District (EBMUD), Rodeo Sanitation District, and Flood Control District. Since the proposed project is within the service WAPersonakillanning ApplicationsUp002027.env.doc 17 boundaries,the project will not result in a need for new systems or supplies,or substantial alterations to the utilities. Potentially significant Impact, Potentially Unless Less than significant Mitigation Significant Impact Incorporated Impact No Impact XVI MANDATORY FINDINGS OF SIGNIFICANCE. I. a. Does the project have the potential to degrade the quality of,the environment, substantially reduce the habitat of a fish and wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (Source 1,2,3;4,5,6,7, 8, 9, 10) b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects)? (Source 1,2,3,4,5,6,7, 8, 9, 10) C. Does the project have environmental effects, _ _X_ which will cause substantial adverse effects on human beings,either directly or indirectly? (Source 1,2,3,4,5,6,7, 8, 9, 10) SUMMARY: Due to the nature of the project and the area in which it is proposed,the project does not have the potential to achieve short-term goals,to the disadvantage of long-term goals. In addition,the project does not have impacts that are individually limited, but cumulatively considerable. W:U'ersonalU'lanning Applications\lp002027.cnv.doc APPLICANT ACCEPTANCE OF MITIOATION MEASURES The undersigned project sponsor hereby acknowledges understanding and acceptance of, and agrees to be bound by, all mitigation measures presented in the Initial Study (Environmental Checklist) for County Files GP2000-3. and LP002027. Tom Gozzano cfo Old Time Realtors (Applicant and Owner). SiMiature - ProjectA > >1 .int o �0 f1. o -- P V/ Name and Title - Project Applicant (print Date w K O w •__ a o ` u QA '3 AV ; SOU360VA s - a Q CL , aa 0 _ Z aaa - - A O x. 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General Plan Amendment County Pile #GP2000-3 and SP0000-1 701-705 San Pablo Avenue (APN:357-185-001) —'e4010 Buy o° if 11 7 1 6g 90 �r Subject s W c'+°e Site i r Po San Pablo Ave S.P.Boundary n m PP" ^ in 1st.Shoe( N mutt �� Sa^Pam o _ A timet c o Mari sa St - o m street a ¢ m 5P Qoundari e , 2nd tree( � ' c90 �Street ' 0 - �d Sfreef � m yNss P poundary ry I Inve talent Sf. Q fiUcet 'a 1 i ( n J S 1 p N o 4th sueet m N � a 1 to S.P.Boundary •1 1 4th S'� 1 1 r atkeV Zoning Districts R-6 (Single Family Residential) R-B (Retail Business) D-1 (Two Family Residential) C (Commercial) M-29 (Multiple Family Residential) H-1 (Heavy Industrial) U (Unrestricted) Existing Zoning Districts Graphic Scale Figure 3 one . . Acre 0 300• 600• 3 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Tom Gozzano APPLICATION NO. LP002027 P.O.Box 681 Pinole,CA 94564 ASSESSOR'S PARCEL NO. 357-185-001 ZONING DISTRICT: RB OWNER: Same APPROVED DATE: 11/14/00 EFFECTIVE DATE: 11/27/00 This matter not having been appealed within the time prescribed by law, a permit AUTHORIZING THE APPROVAL OF A LAND USE PERMIT TO ALLOW CONSTRUCTION FOR 12 LIVE/WORK UNITS ON A VACANT PARCEL.in the Rodeo area is hereby GRANTED, subject to the attached conditions. n By: � DENNIS M. BARRY, AICP Community Development Director Unless otherwise provided,THIS PERMIT WILL EXPIRE ONE(1)YEAR from the effective date if the use allowed by this permit is not established within that time. PLEASE NOTE THE EFFECTIVE DATE, as no further notification will be sent by this office. FINDINGS AND CONDITIONS OF APPROVAL FOR LP002027: FINDINGS: I. Growth Management Clement Performance Standards Traffic: The project as proposed will generate less than 100 additional P.M. peak hour trip. Therefore, the applicant is not required to prepare a traffic report pursuant to the 1988 Measure C requirements. Water: The site is within the Cast Bay Municipal Utilities District service area and water is supplied to the site. Sanitary Sewer: The site lies within the Rodeo Sanitation District's service area. The District will provide sewer services subject to payment of all fees and Capacity available at the time of permitting. .Fire Protection: The Gro\\n11 MarlaUenlcnt Standard for fire stations is that they be located within 1-',= nines of development. The live/work project will be located .6 miles from fire station /175 located at 326 — -) Street, Rodeo. Public Protection: The Growth \11-Inai7enlent Element Standard is 155 square feet of Sheriff f.acilit% -1311011 per 1,000 population. The live/work project will generate a polnllation growth of approximately 12-24 persons, \\hich is far below the standards in the Growth Management Element. Flood Control and Draina<ae: Compliance with the County blood Control District requirements is required. Parks and Recreation: '['his site \\ill not contribute to significant population growth in the arca. Hoo,ever, the applicant will be required to pay a park dedication lee. it. land Lyse Permit F inding-s A. The proposed project will not h� d�trinlental to the health, safety and general welfll—C oI� the count' :r; it is consistent with the proposed County C;eneral Plan mixed use Cicsignatlorl. -1-111S is based on the fact that this is a nli-xed-use project proposed to be 2 constructed on an infill site, which is consistent with the goals and policies set forth in the General Plan. B. The proposed project meets all the requirements of the Contra Costa County zoning district and will not adversely affect the orderly development of property within the county. The site is zoned Retail Business and the project complies with the requirements of that zoning district. In addition, the proposed project is located on a vacant site that is already surrounded by existing development. C. The proposed project, as conditioned will not adversely affect the preservation of property values and the protection of the tax base within the county. The proposed project is located oil a vacant infill site. The project will improve the surrounding area by utilizing the vacant land, at the entrance to Rodeo. D. The proposed project as conditioned is consistent With the policies and goals as set by the General Plan. The project site's General Plan designation is proposed to be amended to a Mixed Use designation as it is defined in the Rodeo Downtown/Waterfront Specific Plan. The proJect is consistent with the Specific Plan's land use goals and policies, specifically policy 111.1 lber 3.2, which states, "Retain and increase 01)1)oI-t Lill ItleS for 11ve/work space, particularly oriented to the local arilst comillunity". E. The proposed project will not create i I11.11sance and/or ellfoCCement problelll withlll the Ilelgllborhood or C0111lll11111ty aS the IISe Is consistent with the general plan for the area. Conditions of approval relating to tY1)Cs Of Ci)Illllleri lal uses, lighting, pat-kll"10 and landscaping have also been placed on the project to insure the developments compatibility \\'ltll Illi Surrounding area and safety oil the site. F. The proposed project Will not encourage marginal development, as the use is consistent with the other uses in the area. "1'he site is a vacant lot surrounded by development oil all sides, therefore the project will not encourage other nlar,•inal developments. 3 CONDITIONS OF APPROVAL: All conditions require compliance 30-days prior to issuance of a building permit, unless otherwise noted. Administration I. The proposed building shall be similar to that shown on the elevations submitted March 20, 2000 and the site plan/floor plan submitted September 19, 2000. The elevations submitted shall be modified as follows: a. More articulation slt:lll be provided along the primary San Pablo Avenue frontage, including front door access, signage, and lower windows. 2. The project units, commercial and residential components, shall. be occupied and rented by the same person. In addition, the commercial units shall be limited to businesses that do not create noise, odors, or eimssloiis, nor businesses that will generate high levels of traffic. Reroninw, Required 3. _ The approval of the proposed proiect is contingent upon the General Plan Amendment tilesite frons Commercial Recreation (CR) to Mixed-Use Rodeo (M- 12) and the addition of the site in ,, the Specific Plan boundary area. if the amendment is not redes onated to M-12, this approval shall be null and void. Landscape • 4. _ _ At least 30 days prior to the is-stlance of building permits, a landscape plan consistent \\ ith the County's Water Conservation Ordinance needs to be submitted by a certified arborist to the Conimunity Development Department. The applicant shall also provide ,\-idence to the 7oI11Ilg Administrator that landscaping has been installed prior to occupancy. 4 5. California native drought tolerant plants and/or shrubs shall be used as much as possible. Parkin 6. A minimum of 31 spaces shall be provided on site. 7. Parking spaces shall be 9X 19, asphalt or cement Handicapped spaces and parking stalls shall be appropriately identified. Archaeology 8. 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 slanil1 ince of the find and suggest appropriate mitigation(s), if deemed necessary. (Mitigation Measure) <ieolow 9. At Fast 45 prior to issuance of buildin, permit, or installation of inlprovCll1Cll(S Or Utilities, apl)licant shall submit a preliminary geolo,-y, soil, and foundation report rlleetilig the requirements of Subdivision Ordinance Section 91-4.420 for review and approval of the. Zoning Administrator. Inlpro\enlent, grading, and building plans slulll carry out the recommendations of the approved report. T1lis report shall include evalLiation of the potential for liquefaction, selsnllc settlement and other types of seismically induced ground failure by recognized methods appropriate to soil conditions discovered durinf; SUI)SUrface investigation. Construction Iloras Contractor and/or developer shall :onlply with the following Colltitl'llCtloll, noise, dust and litter control requirements. 5 A. All construction activities shall be limited to the hours of 7:30 am to 5:00 pm, Monday through Friday, and shall be prohibited on state and federal holidays. 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 awayfrom existing residences as possible. C. At least one week prior to commencement of grading, 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. Tile person responsible for maintaininL, 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 ion their area of responsibility. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the 24-hour emergency number, shall be expressly identified in the notice. The notice shall be re- issued with each phase of m.-ior grading and Construction activity. 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 inunediatc x\ork stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. E. The applicant shall stake a Brood-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] [portion of the development site]. 'rias shall include provision for- an on-site .area in which to park. earth nlovtng equipment. G F. Transporting of heavy equipment and trucks shall be limited to weekdays between the hours of 9:00 am and 4:00 pm and prohibited on Federal and State holidays. 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. Signs and lJghtin 11. All signs shall be subject to the reviexv and approval of the Zoning Administrator. No other outside displays are permitted. 12. Exterior lights shall be deflected so that lights shine onto the application property and not toward ad_jaccnt properties. Multi-f'anlily Recycling Area 13. _ __ Development plans for multi-family residential projects shall indicate a suitably enclosed area fOr the purpose of locating recycling bins for paper, glass, and calS. Such an area will not be less than 10 feet by 12 feet in area. and the enclosure. shall be at least 6 feet higTh. 14. _ _ _ The refusc area shall be properly and gated. The Zoning Adimillstrator shall review and aphn,�e the location and screening of tlic rel-use. area. I ieati1 ;_and Ventilation Systerlls 15. Each unit of commercial and each unit of residential in the project shall Have separate heating and \cnlilairlg systems. Noise 16. The applicant shall comply xvith Title 35 of the California Code. Compliance will require the prepzm u;n of an acoustical study for- the project.to assure a daytime interlo, nolse level of not mole than 45 dBA on the CNEL scale. Payment Of Any Supplemental Fees Which Are Due 17. This application is subject to an application fee of$8080.00 which was paid with the application submittal, plus tirne and material costs if the application review expenses exceed 100% of the initial fee. Any additional fee due must be paid within 60 days of the permit effective date or prior to use of the permit whichever occurs first. The fees include costs through permit issuance plus five working days for file preparation. The applicant may obtain current costs by contacting the project planner. If the applicant owes additional fees, a bill will be sent to the applicant shortly after permit issuance. I"LIBLIC WORKS RECOMMENDED CONDITION'S OF APPROVAL FOR 13ERNIIT 1,1' 00-2027 Applicant shall comply with the requirements of Title 8. Title 9, and 'I.'lde 10 of the County Ordinance Code. Any exceptions must be stipulated in these conditions of approval. Conditions of Approval are based on the plan submitted to Community Developinent on Septeniber 19, 2000. COMPLY W111-1 THE FOLLOWING CONDITIONS 01- APPROVAL PRIOR TO ISSUANCE 01: A BUILDING PERMIT AND PIZIM' To INITIATION OF THE USE PROPOSED UNDI I: 'T'I IIS PE1ZMIT. General Requirenients: 18. Applicant shall suhni1t lnlprovenient plallS prellIFC i h\' a registered civil engineer to Public Works and pay appropriate fees in Iccordancc with the County Ordinance Code and these conditions of appy-oval for street or drainage unprovenlents, where applicable. Frontage Improvements: 19. Applicant shall construct a 3.0-meter (10-feet ±) siOe alk, necessary 1011gitUdinal and transverse drainage, and street lighting align, the frontage of Sall Pablo Avenue (Road 11 09710, hereinafter referred to as SPA-M). Existing curb that is broken or driveway depressions that are no longer ri:cessary shall be removed and replaced to conform to the existing face 01'cu1-ti linC. 20. Applicant shall construct curl., a 3.0-meter (lt1 t.ct 1) sidewalk, necessary longitudinal and transverse drainage, street lighting. and pavement widening and 8 transitions along the frontage of the San Pablo Avenue (Road # 1795K, hereinafter referred to as SPA-S). The face of curb shall be located approximately 6.1 meters (20± feet) from the centerline of SPA-S. Final alignment and location of improvements will be subject to review and approval of Public Works. 21. Submit a sketch plan for these proposed frontage improvements, for review prior to initiating design of final improvements. The sketch plan should include rights of way, existing striping and edge of pavement for both sides of each street, and should extend at least 100 meters beyond the project frontage in order to evaluate proposed transitions and sight distance. Road Dedications: 22. Applicant shall convey to the County, by offer of dedication, additional right of way along SPA-M to coincide with the back of the sidewalk improvements required above. 23. Access to Adjoining Properly: Proof of Access 24. Applicant shall furnish necessary rights of'\vay, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage IIII provenlents. I;III'I"il;iClllllelll Pl'I'llllt 25. Applicant shall obtain an e.ncroacliment permit frons the. Application and Permit Center, if necessary, for construction of driveways Or 011ier Improvements within the riohts ol'way ofboth San Pablo Avcnucs. Si;;hl Distance: 26. Provide sight distance. along SPA-M for a desi��n speed of�90 kilometers per hour (55+miles per hour). Landscaping, walls, fences and signs must be placed to maintain adequate sight distance. 27. Provide sight distance at the intersections and drive\\ay connections along SPA-S for a design speed of'55 kilometers per hour (35±nllles per hour). Landscaping, walls, fences and signs must be placed to maintain adequate sight distance. Underf;round Utilities: 28. Install all existing and new utility distributiim l3CIIHIeS underground. Bicycle — Pedestrian Facilities: 9 29. The applicant shall design all public and private pedestrian facilities in accordance with Title 24 (Handicap Access) and the Americans with Disabilities Act. Noise Studies: 30. Any noise studies, which may be required, shall be based on ultimate road widening and ultimate traffic under the general plan. The applicant shall install any sound-walls that may be required, outside of the public road right of way. Drainage Improvements: Collect and Convey 31. Tile applicant shall collect and convey all storm Nvater entering and/or.originating on this property, without diversion and within an adequate storm drainage facility, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage facility \vliich conveys the storm waters to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code 32. Applicant shall verity the adequacy of any downstreatit drainage facility accepting storm water from this project prior to dischargin_ runoff. If the downstream systern(s) is/are not adequate to handle the existing plus project condition for the required desi<on storm, improvements shall be constructed to make the system adequate. 33. Applicant shall design and construct all storm drain t'.1cilities in compliance with the Ordinance Code and Public Works Design stand rds. Miscellaneous Drainage Requirements: 34. Applicant shall prevent storm drainage from drainim, across the sidewalk and driveway in a concentrated manner. 35. Portions of this project are located in a Special 1=1ood Hazard Area as designated on the Federal Emergency Management Agency's Flood Insurance Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Floodplain Management Ordinance (Ordinance No. 99- 35) as they pertain to future construction of any structures oil this property National Pollutant Discharge Elimination System (NPI)ES): 36. "rhe applicant shall be required to comply with all rul,-s, regulations, and procedures of the National Pollutant Discharge Elimination Systems (NPDES) for municipal, construction and industrial activities as promulgated by tite California 10 State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay- Region 11). 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, wherever feasible, the following long-term BMP's in accordance with the Contra Costa County Clean Water Program for the site's storm water drainage: ■ Minimize the amount of directly connected impervious surface area. ■ Stenciling advisory warnings on all catch basins. ■ The owner shall sweep the paved portion of the site quarterly utilizing a vacuum type sweeper. Verification (invoices. etc.) of the sweeping shall be provided to the County Clean Water Program Administrative Assistant at 255 Glacier Drive, Martinez, CA 94553 (925) 313-2238. • Trash bins shall have a cover and be sealed to prevent leakage, OR, shall be located within a covered enclosure, OR, be located on a concrete pad that drains to the sanitary sewer or be a self-contained unit with a fluid retention system. • Vehicic/equipment washing shall occur oft-site at an appropriate vehicle wash facility or on-site if a separate covered wash down area is established that drains to the sanitary sewer system. • Develop a perpetual maintenance program for on-site clean water/drainage facilities. • Other alternatives, equivalent to the above. as approved by the Public Works Department 37. Within 3 clays of the effective date of this permit, o��ner/applicant shall contact the State Water Resources Control Board (SWI-Ck3) to determine if this permitted use requires coverage under the State's General Industrial Activities Storni Water Permit. Evidence of contact with the S\VRC13 and :: copy of the "Notice of Intent", if required, shall be submitted to Public Works. Metric Units: 38. All first check and subsequent submittals and accoinpanying shall be in metric . units. Exceptions may be permitted by Public Works based on evidence of substantial hardship. ADVISORY NOTES Please mote that 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 11 purpose of informing the applicant of additional ordinance and other legal requirements that must be met in order to proceed with development. 1. 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). 2. This project may be subject to the requirements of the Departlllent of Fish and Game. It is the applicant's responsibility to noti6, 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. 3. 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, altd if it can be obtained. 4. Comply with the- Bridge/Thoroughfare Fee Ordinance requirements for the West Contra Costa and Hercules/Rodeo/Crockett Areas of Benefit as adopted by the Board of Supervisors. These fees must be paid prior to issuance of building permits. 5. NOTICE' OF 90-DAY OPPORTUNITY TO PIZOTI=.ST FEES, DEDICATIONS, RESERVATIONS, AND/OR OTHEI R EXACTIONS PERTAINING TO THE APPROVAL OF "THIS PERMIT. This notice is intended to advise the applicant th pursuant to Government Code Section 66000, et seq., the applicant has the ol)portunity to protest fees, dedications, reservations, and/or exactions rleouired as part of this project approval. The opportunity to protest is limited to a 00-day period after the permit is approved. To be valid, the protest must tie- delivered to the Co111111LInity Development Department within 90 days of the apl)roval date of this permit.