HomeMy WebLinkAboutMINUTES - 07102001 - SD.15 TO: BOARD OF SUPERVISORS
Contra
FROM', DENNIS M. BARRY, AICP Costa
COMMUNITY DEVELOPMENT DIRECTORY; County
DATE: July 10, 2001
SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE AREA P-6,
RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION THEREOF AND FORMATION OF
THE FOLLOWING ZONE: ZONE 502, SUBDIVISION #SD968023, VILLAGE II OF DISCOVERY BAY
WEST IN THE DISCOVERY BAY AREA.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS.
1. Adopt the Resolution authorizing an election for Zone 502 in County Service Area P-6.
(Resolution No. 2001/282)
' 2. Adopt the.Ordinance establishing a fee for Police Service District for SD9868023(Village II
of Discovery.Bay West. (Ordinance 2001-12)
3. Direct the County Clerk to conduct the election required by Government Code Section 5397.
This election shall be conducted by mail ballot pursuant to Code Section 4000 and shall be
held on the earliest date permitted by law.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
The application was approved by the East County Regional Planning Commission effective August 19, 1996 with
the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 454 single
family units and 53 multi-family units are allowed.
Condition of Approval #8 of Subdivision #968023 requires the applicant to agree to vote on whether the
development should be placed in a"County Service Area"to augment police services based upon the residential
use of the site. The initial assessment is $200.00 per lot.
__�A ,
CONTINUED ON ATTACHMENT: X YES SIGNATURE P6N�&�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
XUNANIMOUS(ABSENT OF AN ACTION TAKEN AND ENTERED ON THE MINUTES
AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN
ABSENT: ABSTAIN:
Contact:Debi Foley—335-1215 ATTESTED
cc: Community Development Department(CDD) JOHN SWE CLE OF
Elections-Lois Berry THE BOA D F SUPERVISORS
Sheriff-Coroner-Wanda AND CO TY ADMINISTRATOR
County Clerk-Elections.
Auditor-Controller
Assessor BY ` ,DEPUTY
SD968023.psd
df
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 10, 2001 by the following vote:
AYES: SUEPRVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
------------------------------------------
------------------------------------------
SUBJECT: Creating County ) RESOLUTION NO. 2001/282
Service Area P-6 Zone 502 ) (Gov. C. 25210.8 &
(SUB 968023-Village II) ) 59000 ff.)
in the Discovery Bay area )
and Authorizing a )
Special Tax Election in )
Said Zone. )
This Board recognizes the need for increased police protection services in the above subject zone
and the difficulty of funding the current or an increased level of services by revenues now available.
Government Code Sections 50077 and 53978 establish procedures for voter authorization of a
special tax in order to provide additional funding for police protection.
NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS:
1. That portion of Contra Costa County Service Area P-6 described in Attached Exhibit"A" is
established as Zone 502 of County Service Area No. P-6. No, affected properties located
therein will be taxed for any existing.bonded indebtedness or contractual obligations as a
result of the formation of said zone.
2. The Clerk of this Board shall cause the filing of a statement of the creation of said zone to be
made with the County Assessor and the State Board of Equalization (in Sacramento)
pursuant to Government Code Sections 54900-54902. The filing shall include a map or plot
indicating the boundaries of said zone.
3. That Ordinance No.2001-12 adopted this date is to be presented for approval of the voters
of Zone 50 of County Service Area No. P-6 by a September 11, 2001 mail ballot election
according to the following ballot proposition:
"Shall Ordinance No. 2001-12 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on
property located in Zone 502 of County Service P-6 to maintain the
present level of police protection service and provide additional
funding for increased police protection service?"
4. The County Clerk (Elections Clerk) is directed to take all steps necessary to conduct the
election required by this order. Said election shall be conducted by mailed ballot(Elections
Code Sections 1340 and 1350 ff.)and shall be held as specified above. A synopsis of the
Ordinance may be used.
I hereby certify that this is a true and correct
copy of an action ken and entered on the
minutes of the Bard of Supervisors on the
Orig. Dept:Community Development date shown. `
cc: County Counsel ATTESTED- / L01
Elections— Lois Berry JOH E T , Clerk of the Board
Sheriff-Coroner, Wanda of S ervisors an County Administrator
Auditor-Controller By eputy
Assessor
df
RESOLUTION NO. 2001/282
►.t
Resolution #2001/282
Subdivision #968023
• Zone#502
"Exhibit A"
JUNE 19, 2001,
JOB NO• : 092-30
LEGAL DESCRIPTION
LA.MSHORS
CONTRA COSTA COUNTY, CALIFORNIA
REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING ALL OF PARCELS A, B, C, D, AND DSSIGNP_TED REMAINDER AS SHOWN ON THAT
CERTAIN PARCEL MF.P RECORDED SEPTEMBER 1S, 1988, BOOK 135 OF PARCEL MAPS AT
PAGE 31 AND ALL OF PARCELS A, B. C, AND D AS SHOWN ON THAT CERTAIN PARCEL MAP
RECORDED NOVEMBER 1, 1990, BOOK 149 OF PARCEL MAPS AT PAGE 18, IN THE OFFICE
OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY AND ALSO BEING A PORTION OF THE
SOUTHWEST ONE-QUARTER OF SECTION 23, TOWNSHIP 1 NORTH, RANGE 3 EAST, MOUNT
DAIBLO BASE AND MERIDIAN, MORE PARTICULARILY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERN CORNER OF PARCEL NLP MS 115-79, RECORDED
OCTOBER 13, 1981, IN BOOK 97 OF PARCEL MAPS, AT PAGE 50, IN THE OFFICE OF THE
CONTRA COSTA COUNTY, SAID POINT BEING THE EASTERN LINE OF BIXLER ROAD (40.00
FEET WIDE) :
THENCE, FROM SAID POINT OF BEGINNING, ALONG SAID A5TCN LINE OF BIXrBR ROP.D,
NORTH 01000' 27" EAST 1,470.20 FEET;
THENCE, LE7XING SAID EASTERN LINE, SOUTH 89006'46" Ei;,ST 10.00 FEET TO THE
SOUTHWESTERN CORITER OF SAID PARCEL A '(97 PM 50) ;
THENCE, FROM SAID SOUTHWESTERN CORNER, ALONG THE SOUTHERN LINE OF SAID PARCEL
A (97 PM 50) , SOUTH 89006'46" EAST 410.00 FEET TO THE SOUTHEASTERN CORNER OF
SAID PARCEL A;
THENCE, FROM SAID SOUTiiEASTERN CORNER ALONG THE EA57ERN LINE OF SAID PARCEL n
(97 PM 50) , NORTH 01000'27" EAST 535.00 FEET TO TEE NORT3ERSTERN CORNER OF
SAID PARCEL A;
THENCE, FROM SAID NORTHEASTERN CORNER ALONG THE NORTHERN LINE OF SAID PARCEL
A (97 PM 50) AND ITS PROLONGATION, NORTH 89-06'46" WEST 420 .00 FEET TO THE
EASTERN LINE OF BIXLER ROAD (40 FEET WIDE) ;
THMICE, ALONG SAID EASTERN LINE OF BIXLER ROAD, NORTH 01°00'27" FAST 341.27
FEET TO A POINT ON THS SOUTHERN LINE OF THAT CERTAIN PARCEL OF LAND GRANTED
TO EAST CONTRA COSTA IRRIGATION DISTRICT, BY DEED RECORDED AUGUST 27, 1963,
IN BOOK 4452 OF OFFICIAL RECORDS AT PAGE 582 IN SAID OFFICE OF THE COUNTY
RECORDER OF CONTRA COSTA COUNTY;
THENCE, ALONG SAID SOUTHERN LINE, SOUTH 88057'59" EAST 2,619.26 FEET TO THE
NORTHEASTERN CORNER OF SAID PARCEL A (149 PM 18) ;
THENCE, ALONG SAID EASTERN LINE OF PARCELS A, B, C. JAM D (149 PM 18) , SOUTH
01000' 05" WEST 2,345.35 FEET TO A POINT ON THE CENTERLINE OF POINT OF TIMBER
ROAD;
P:\093-30\LEGAL DESCRIFTIONSVLG-003.DOC
Resolution #2001/282
Subdivision #968023
Zone#502
"Exhibit A" .
LEGAL DESCRIPTION JUNE 19, 2000
PAGE 2 JOB NO. : 093-00
THENCE, ALONG SAID CEbr-ERLINE, NORTH 88°59'27" WEST 2619-51 FEST TO SAID
POINT OF BEGINNING, A= CONTAINING 135.91 ACRES OF LAND, MORE OR LESS.
END OF DESCRIPTION
LYWE B. FILSON
L.S. NO. 7719
EXPIRES: MARCH 31, 2005
AW9-1J uZCAL1)aSC1 MQfVSV1;-M3.O
TOTAL P.04
Resolution #2001/282
Subdivision #968023
Zone #502 -
"Exhibit B"
FAST CONTRA COSTA IRRIGATION DISTRICT
588'57'59°E 2619.26'
IF
L4
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SCALE 1°=500'of L2
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m 6 135.91± AC V
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P.O.B.
22 23 N88'59'27"W 2619.51'
27 25 POINT OF TIMBER ROAD
UNE TABLE
1 NO. BEARING DISTANCE
L1 N01 000'270E 341.27'
L2 S89'06'4VE 420.00'
L3 N01*00'27"E 535.00'
L4 N89-06-46-W 420.00'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
IAIKESHORE
CONTRA COSTA COUNTY, CALIFORNIA
DATE: JUNE 19, 2001
Carlson, Barbee, & Gibson, Inc.
.CIVIL ENGINEERS • SURVEYORS a PLANNERS
2603. CAMINO RAMON, SUITE 100 SAN RAMON, CALIFORNIA 94583
TELEPHONE (925) 866-0322 FAX (925) 866-8575
89093-30
P\89095\ACAD\LLA\V2PLAT1W0
ORDINANCE NO. 2001-12
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
502 County Service Area No. P-6
The Contra Costa County Board of Supervisors ORDAINS as follows :
ARTICLE I . PURPOSE AND INTENT. It is the purpose and intent
of this Ordinance to authorize the levy of a tax on parcels of real
property on the secured property tax roll of Contra Costa County
that are within Zone 502 of Contra Costa County Service Area No. P-
6 in order to augment funding for police protection.
This tax is a special tax within the meaning of Section 4 of
Article XIIIA of the California Constitution. Because the burden
of this tax falls upon property, this tax also is a property tax,
but this tax is not determined according to nor in any manner based
upon the value of property; this tax is levied on a parcel and use
of property basis. Insofar as not inconsistent with this Ordinance
or with legislation authorizing special taxes and insofar as
applicable to a property tax that is not based on value, such
provisions of the California Revenue and Taxation Code and of
Article XIII of the California Constitution as relate to ad valorem
property taxes are intended to apply to the collection and
administration of this tax (Article IV of this Ordinance) , as
authorized by law.
The revenues raised by this tax are to be used solely for the
purposes of obtaining, furnishing, operating, and maintaining
police protection equipment or apparatus, 'for paying the salaries
and benefits of police protection personnel, and for such other
police protection service expenses as are deemed necessary.
ARTICLE II . DEFINITIONS. The following definitions shall
apply throughout this Ordinance:
1 . "Parcel" means the land and any improvements thereon,
designated by an assessor' s parcel map and parcel number and
carried on the secured property tax roll of Contra Costa County.
For the purposes of this Ordinance, parcel does not include any
land or improvements outside the boundaries of Zone 2801 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 2001-12
2 . "Fiscal year" means the period of July 1 through the
following June 30 .
3 . Contra Costa County Service Area P-6 Zone 502 (hereinafter
called "Zone" ) means that portion of the unincorporated area of
Contra Costa County located within the Zone' s boundaries described
(see Exhibit A attached hereto) .
4 . "Use Code" means the code number assigned by the Assessor
of Contra Costa County in order to classify parcels according to
use for ad valorem property tax purposes. A copy of the Assessor' s
use code classifications chart is attached hereto as Exhibit B and
incorporated herein.
5 . "Consumer Price Index" means the Consumer Price Index for
all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose
Area (1982-84=100) as published by the U. S. Department of Labor,
Bureau of Labor Statistics . If the Consumer Price Index is
discontinued or revised, such other government index or computation
with which it is replaced shall be used in order to obtain
substantially the same result as would be obtained if the Consumer
Price Index had not been discontinued or revised.
6 . "Constant first year dollars" shall mean an actual dollar
amount which, in years subsequent to the first fiscal year the tax
is levied, shall have the same purchasing power as the base amount
in first fiscal year dollars as measured by the Consumer Price
Index. The base amount shall be the amount of tax per parcel as
specified in Article III 1A herein. The adjustment from actual to
constant dollars shall be made by use of the Consumer Price Index,
as specified in Section III 1B herein.
ARTICLE III . AMOUNT AND LEVEL OF TAXES
1 . The tax per year on each parcel in the Zone shall not
exceed the amount applicable to the parcel, as specified below.
A. For First Fiscal Year:
The tax per year for the first fiscal year (July 1, 2002
through June 30, 2003) shall be the Amount of Tax Per Parcel for a
Property Use Code Category as set forth on Exhibit C incorporated
herein.
-2-
ORDINANCE NO. 2001-12
B. For Subsequent Fiscal Years :
In order to keep the tax on each parcel in constant first year
dollars for each fiscal year subsequent to the first fiscal year,
the tax per year shall be adjusted as set forth below to reflect
any increase in the Consumer Price Index beyond the first fiscal
year a tax is levied.
In each July, the Board of Supervisors of Contra Costa County
shall determine the amount of taxes to be levied upon the parcels
in the Zone for the then current fiscal year as set forth below.
For each Property Use Category on Exhibit C, the tax per year
on each parcel for each fiscal year subsequent to the first fiscal
year shall be an amount determined as follows :
Tax Per Parcel Tax Per Parcel (Consumer Price Index
For then Current = For First X for April of Immediately
Fiscal Year Fiscal Year Preceding Fiscal Year)
(Consumer Price Index
for First Fiscal Year
of Levy)
Provided, however, that in no event shall the tax per parcel for
any fiscal year be less than the amount established for the first
fiscal year.
2 . The taxes levied on each parcel pursuant to this Article
shall be a charge upon the parcel and shall be due and collectible
as set forth in Article IV, below. A complete listing of the
amount of taxes on each parcel shall be maintained by the Sheriff-
Coroner of the County of Contra Costa at Martinez, and be available
for public inspection during the remainder of the fiscal year for
which such taxes are levied.
ARTICLE IV. COLLECTION AND ADMINISTRATION.
1 . Taxes as Liens Against the Property.
The amount of taxes for each parcel each year shall constitute
a lien on such property, in accordance with Revenue and Taxation
Code Section 2187, and shall have the same effect as an ad valorem
real property tax lien until fully paid.
-3-
ORDINANCE NO. 2001-12
2 . Collection.
The taxes on each parcel shall be billed on the secured roll
tax bills for ad valorem property taxes and shall be due the County
of Contra Costa. Insofar as feasible and insofar as not inconsis-
tent with this Ordinance, the taxes are to be collected in the same
manner in which the County collects secured roll ad valorem
property taxes . Insofar as feasible and insofar as not inconsis-
tent with this Ordinance, the times and procedure regarding
exemptions, due dates, installment payments, corrections, cancella-
tions, refunds, late payments, penalties, liens, and collections
for secured roll ad valorem property taxes shall be applicable to
the collection of this tax. Notwithstanding anything to the
contrary in the foregoing, .as to this tax: 1) the secured roll tax
bills shall be the only notices required for this tax, and 2) the
homeowners and veterans exemptions shall not be applicable because
such exemptions are determined by dollar amount of value.
3 . Costs of Administration by County.
The reasonable costs incurred by the County officers collect-
ing and administering this tax shall be deducted from the collected
taxes .
ARTICLE V. SEVERABILITY CLAUSE
If any article, section, subsection, sentence, phrase of
clause of this Ordinance is for any reason held to be invalid, such
decision shall not effect the validity of the remaining portion of
this Ordinance. The voters of the Zone hereby declare that they
would have adopted the remainder of this Ordinance, including each
article, section, subsection, sentence phrase or clause, irrespec-
tive of the invalidity of any other article, section, subsection,
sentence, phrase or clause.
ARTICLE VI. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its
confirmation by two-thirds of the voters voting within the Zone in
an election to be held September 11, 2001 so that taxes shall first
be collected hereunder for the tax year beginning July 1, 2002 .
-4-
ORDINANCE NO. 2001-12
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on July° f0.,
2001 by the following vote:
AYES: SUPERVISORS GINA, GERBER, DESAULNIER, GLOVER and UILKEMA
NOES : NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: ,-W—SWEETEN.ELOR, Clerk of
the Board of Supervisors and
County Admi ' strator
By:
puty Boa Chair
VJW:df
df4:vjw\ord\csap6
-5-
ORDINANCE NO. 2001-12
Ordinance#2001-12
Subdivision #968023
Zone #502
"Exhibit A"
JUNE 19, 2001,
308 NO. : 093-30
LEGAL DESCRIPTION
UJMSHORE
CONTRA COSTA COUNTY, CALIFORNIA
REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COWiTY OF
CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING ALL OF PARCELS P., B, C, D, AND DESIGNATED REMAINDER AS SHOWN ON TLIMT
CERTAIN PARCEL MAP RECORDED SEPTEMBER 15, 1988, BOOK 135 OF PARCEL MAPS AT
PAGE 37 AND ALL OF PARCELS A, B, C, AND D AS SHOWN ON TH.i,T CERTAIN PARCEL MAP
RECORDED NOVEMBER 1, 1990, BOOK 149 OF PARCEL MAPS AT PAGE 18, IN THE OFFICE
OF THE COUNTY RECORDER OF CONTRA COSTIA COUNTY AND ALSO BEING A PORTION OF THE
SOUTHWEST ONE—QUARTER OF SECTION 23, TOWNSHIP 1 NORTi, RANGE 3 EAST, MOUNT
DAIBLO BASE AND MERIDIAN, MORE PARTICULARILY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERN CORA'ER OF PARCEL MAP MIS 115-79, RECORDED
OCTOBER 13, 1981, IN BOOK 97 OF PARCEL MAPS, AT PAGE 50, IN THE OFFICE OF THE
CONTRA COSTA COUNTY, SAID POINT BEING THE Er'ASTEm LINE OF BIXLER ROPJ (40.00
FEET WIDE) :
THENCE, FROM SAID POINT OF BEGINNING, ALONG SAID EA57:`RP' LINE OF BIXLER ROP�T ,
NORTH 01000'27" EAST 11470.20 FEET;
TY.ENCE, LS%VING SAID EASTERN LINE, SOUTH a-900614611 E=aST 10-00 FEET TO THE
SOUTHWESTERN CORNER OF SAID P. RCEL A (97 PM 50) ;
THENCE, FROM SAID SOUTHWESTERN CORNER, ALONG THE SOUTHERN LINE OF SAID PARCEL
A (97 PM 50) , SOUTH 89°06'46" EAST 410.00 FEET TO TPM SOUTHEASTERN CORNER OF
SAID PARCEL A;
THENCE, FROM SAID SOUTHEASTERN CORNER ALONG THE EASTERN LINE OF SAID PARCEL A
(97 PM 50) , NORTH 01°00'27" EAST 535.00 FEET TO THE NORTHEASTERN CORNER OF
SAID PARCEL A;
THENCE, FROM SAID NORTHEASTERN CORNER ALONG THE NORTHERN LINE OF SAID PARCEL
A (97 PM 50) AND ITS PROLONGATION, NORTH 89°06'46" WEST 430.00 FEET TO THE
EASTERN LINE OF BIXLER ROAD (40 FEET WIDE) ;
T'r—=NCE, ALONG SAID EASTERN LINE OF BIXLER ROAD, NORTH 01°00'27" EAST 341.27
FV-ET TO A POINT ON THE SOUTHERN' LINE OF THAT CERTAIN PARCEL OF LARD GRANTED
TO EAST CONTRA COSTA IRRIGATION DISTRICT, BY DEED RECORDED AUGUST 27, 1963,
IN BOOK 4452 OF OFFICIAL RECORDS AT PAGE 582 IN SAID OFFICE OF THE COUNTY
RECORDER OF CONTRA COSTA COUNTY;
THENCE, ALONG SAID SOUTHERN LINE, SOUTH 88°57'59" EAST 2,619 .26 FEET TO THE
NORTEFEASTE,RN CORNER OF SAID PARCEL A (145 PM IS) ;
THENCE, ALONG SAID BPSTEPN LINE OF PARCELS A, B, C. PND D (149 PM 18) , SOUTH
01000' 05" WEST 2,345.35 FEET TO A POINT ON THE CENTERLINE OF POINT OF TIMBER
ROAD;
P:\093-30\L6GAL DESCRIFT►ONS\LG-a03-DOC
Ordinance#2001-12
Subdivision #968023
Zone #502
"Exhibit A"
LEGAL DESCRIPTION JUNE 19, 2000
PAGE 2 JOB NO. : 093-00
THENCE, ALONG SAID CENTER*,INE, NORTH 88059'27" WEST 2619.51 FEET TO SAID
POINT OF BEGINNING, AND CONTAINING 13S_91 ACRES OF LAND. MORE OR LESS.
END OF DESCRIPTION
LXWE B. FILSON
L.S. NO. 7719
EXPIRES: MARCH 31, 2005
rwsi�w.�c:ni.Drsc�c�rncx.su;.as.ocx:
TOTAL P.04
� A
Ordinance 42601-12
Subdivision #968023
Zone #502
- "Exhibit B"
EAST CONTRA COSTA IRRIGATION DISTRICT
S88'57'59'E 2619.26'
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27 25 POINT OF TIMBER ROAD
UNE TABLE
1 NO. BEARING DISTANCE
Li N01'00'27.E 341.27'
L2 S89'06146"E 420.00'
L3 N01'00'27"E 535.00'
L4 N89'06'46'W 1 420.00'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
LAKESHORE
CONTRA COSTA COUNTY, CAUFORNIA
DATE: JUNE 19, 2001
Carlson, Barbee, & Gibson, Inc.
CIVIL ENGINEERS • SURVEYORS a PLANNERS
2603 CAMINO RAMON, SUITE 100 SAN RAMON, CALIFORNIA 94583
TELEPHONE (925) 866-0322 FAX: (925) 866-8575
89093-30 P\89093\ACAD\L A\V2PLAT.DWG
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OC-
ORDINANCE NO. 2001-12 ZONE 502
FOR FISCAL YEAR JULY 1, 2002, THROUGH JUNE 30, 2003
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence—
1 residence, 1 site $200
12 Single Family Residence- $200
1 residence, 2 or more sites
13 Single Family Residence- $200
2 residences on .1 or more sites
14 Single Family Residence-- $200
other than single family land
15 Misc. Improvements— 1 site $200
16 Misc. Improvements—2 or more sites $200
17 Vacant— 1 site $100
18 Vacant—2 or more sites $100
19 Single Family Residence - $200
Det. w/common area
20 Vacant—Multiple $100
21 Duplex $200
22 Triplex $200
23 Fourplex $200
24 Combination $200
25 Apartments (5-12 units) $400
26 Apartments (13-24 units) $400
27 Apartments (25-59 units) $600
28 Apartments (60+ units) $ 800
29 Attached PUDs: $ 200
Cluster Homes, Condos, etc.
30 Vacant - Commercial . $ 100
31 Commercial Stores - $ 600
Not Supermarkets
32 Small Grocery Stores $ 600
(7-11, etc.)
33 Office Buildings $ 400
34 Medical, Dental $ 400
35 Service Stations, Car Wash $ 400
36 Garages $ 400
37 Community Facilities $ 800
(recreational, etc.)
38 Golf Courses $ 400
39 Bowling Alleys $ 400
40 Boat Harbors $ 400
41 Supermarkets $ 600
(not shopping centers)
42 Shopping Centers $ 800
43 Financial Buildings $ 400
(Ins.,Title, Banks, S&L)
44 Motels, Hotels & Mobile $ 600
Home Parks
45 Theaters $ 600
46 Drive-In Restaurants $ 400
47 Restaurants (not drive-in) $ 400
48 Multiple & Commercial $ 400
49 . New Car Agencies $ 400
50 Vacant Land (-not part of $ 100
Ind. park or P. & D.)
51 Industrial Park $ 800
52 Research & Development $ 400
53 Light Industrial $ 400
54 Heavy Industrial $ 400
55 Mini Warehouses (public Storage) $ 600
56 Misc. Improvements $ 400
61 Rural, Res. Improvement 1A-10A $ 200
62 Rural, w/or w/o Structure 1A-10A $ 200
70 Convalescent Hospitals/ $ 400
Rest Homes
73 Hospitals $ 400
74 Cemeteries/Mortuaries $ 400
75 Fraternal & Service Organizations $ 400
76 Retirement Housing Complex $ 600
78 Parks & Playgrounds $ 800
85 Public & Private Parking $ 400
87 Common Area $ 400
88 Mobile Homes $ 200
89 Other (split parcels in different $ 200
tax code areas)
99 Awaiting Assignment $ 200
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED PERMIT
APPLICANT: Hofmann Const. APPLICATION NO. SD968023
P. O. Box 907 (Phases II, III,
Concord, CA 94522 & IV of
SD917686
D091.3025
ASSESSOR'S PARCEL NO. 011-240-001
011-270-005
011-230-010 &
-015
011-220-023
015-160-001 &
-002
OWNER: Edna M. Fallrnan ZONING DISTRICT: P-1
P. 0. Box 126
Concord, CA 94522 APPROVED KATIE: 8/5/96
EFF'ECEIVF. DATE: 8/19/96
This Is to notify you that the East County Reponal Plannim, C0nunission has 'Iranted your request for
a Final Development Plan and Subdivision. subject to the attached cmichtions.
HARVEY E. BRAGDON. Director
Community Dcvc.lopmem Department
Dennis Barry, Deputy Director
PLEASE: NOTE THF. EFFECTIVE DATE, and he. aware of the rencwinu requirements as no further
notification will be. sent by this office. The Clerk of the lioar.l will provide yMi a copy 01` the BOM—d
Order with approved Conditions of Approval. Unless otherwise provided, you ha+e 36 months from the
approval date to file the FINAL MAP.
i r
FINDINGS FOR FINAL DEVELOPMENT PLAN 3025-91-A (VILLAGES It, III & IV) AND
SUBDIVISION 918023 (PHASES II III & IV OF SUBDIVISION 927686 - DISCOVERY BAY
WEST DEVELOPMENT - AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING
COMMISSION ON AUGUST 5, 1996
Findin s
A. With the imposition of the Conditions of Approval this proposed development is in
conformance with the General Plan and the General Plan Amendment recently approved for
the site and surrounding area.
B. With proper conditioning the H.ofinann property development will constitute a residential
environment of sustained desirability and stability, and will be in harmony with the character
of the nearby comnulnity.
C. In accordance with required findings of the P-1 district, the COL111ty finds that the
development is of a harmonious, innovative plan and iLlstities C\Ceptions from the normal
application of the code, Including variances and parcel C011tiUflr 111011 and design to provide
a better cont:ormity with existing terrain features and land L1Se limitations in the area.
D. The applicant has indicated that they intend to commend COIIStRICt1011 within two and one-
half years of the effective date of the final project appro\al.
2
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN-3025-91-A (VILLAGES
II, III & IV) AND SUBDIVISION 918023 (PHASES II, III & IV OF SUBDIVISION 927686 -
DISCOVERY BAY WEST DEVELOPMENT) - AS APPROVED BY THE FAST COUNTY
REGIONAL PLANNING COMMLSSION ON AUGUST _5, 1996
1. The development shall be based upon the following submitted exhibits except as modified
by the conditions below. These Conditions of Approval incorporate and are in addition to
all approved diitigation measures.
A. Revised Final Development Plan and Vesting Tentative Map, Discovery Bay West
dated received March 20, 1995.
B. Street scape - Bixler Road dated received .lanuary If. 1995.
C. Cross-section - Bixler Road dated received January 11, 199
D. Typical play activity and soccer field area Discovery 131,tv West dated received
January 11, 1995.
E. Preliminary development plan for proposed marina in Discovery Bay \Vest- \'illaues
III and IN/ dated received January 11, 1995.
F. Geotechnical Investigation Rcpoii by Kleinfelder Associates dated l."ehruary 1, 1990.
G. Preliminary landscaping plan Cor Point oI'-himhe: Road dated received March 23
1995
H. Exhibit "C" to the tentative map dated recei\cd M ire h 23- I')')5..
I. Miti,"ation Monitoring Pro<Lrani as approved by the 13o,11-d Ot'Supervisors on July 9,
1996.
2. The length of approval for the final Development Plan 9131125-1.3 ,and SD96802 3 for three
years. One 3-year extension may he granted for the project subject to proper request and
approval This approval is contin�`.ent upon the {3oard's adaption .of 2963-R7_ for Villages
II. lll, & I\
3. The maxirnum number of primary residences alloyed tOr this project is 1,676 Second
residences may be approved subject to land use permit `Pproval
3
4. Further final development plan approvals xvill be required fo.r the senior housing area, the
recreation center, the marina and if requested, ail equestrian center. The final development
plan for the recreation center shall be tiled before development of Village II. The final
development plan for the senior dousing area shall be tiled before issuance of the 300th
building permit in Village II. Prior to submitting a further- separate final development plan
for the proposed marina, submit to the Planning Director an economic feasibility report and
analysis regarding the marina and related recreational facilities. If the proposed marina is
found to be feasible, the final development plan for the marina shall be filed before recording
the final map for any part of Villages i.11 or IV.
Project Phasimz and Staf.'Costs
5. The general phasing program for the development shall be acceptable to the Zoning
Administrator and shall be submitted prior to any site de%elopment. A detailed phasing plan
for each village shall be submitted 11-101- to any devclOpmmlit in a villaLe subject to Zoiilrlg
Administrator review and approval The applicant shall pay for all reasonable staff time
involved ill adiniiilstering the Mltlgiltloll Program after my lef-lover application fees have
been exhausted. This may include payment Of IIIII(I) required for peer review of required
reports review, field visits, and response comments or r;l)orts as determined by the Zoning
Administrator.
6. 11 lie following actions shall take place during develllprllcnt ofthe prol,ect.
A. The park area in Village 1 shall be landscaped and provided wwitil suitable amenities.
The cost of construction 0fthe park shall be applied toward required park dedication
fees. The developer shall Submit an accepulbic iandscapingirrrlLJatloiI and phasing
program for the park development before issuan,e ot'buildin<, permits for the. 100th
unit in Villa`,e 1. The park improvement shall be Complete. %v]III the Completion of
the school, the 300th Illlit III Vrilage 1 01- IIlI�-1 Iii ISSII lIICC. oI f)lltl(IIII�,. l)CII111tS for
Village ll, whicheveroccurs first. If private facilities meet Ur(Imance requirements
credit may be applied to park dedication tees subject 10 Zonfflu Administrator
approval.
B. The recreation center nlay be phased subject tO review and approval of the Zoning
Administrator. The first plias'C O( the CCllter SlMdi be CIIIiSii-IICiC(f 1)1-101' to the issuance
of the 400th buildingpermit in \'illa,,.e 11.
C. The segment of the park-trail area and recr,,1110n;ll areas around the lakes adjacent
to Villa es 11, III and I\" shall he lan(fscapcci and recreati(inai amenities installed
prior to ocCupancy of the residences in Clic •,icimry of the ne rrby nei��hborhood
cluster. Oiher recreational amenities such as trails, green "-ays paths shall be
constructed in COnjunClion with the residential development in the im,.hborhood
clusters subject to Zoning Administrator reviev. ::nd approval
r ,
t
4
Within Villages 11, III & IV adjacent se`,nlents ofthe park-trail areas and amenities
shall be installed or bonded prior to occupancy of the adjacent residential units.
D. Prior to recording the Final Map for any please in Village III allow for a trail
acceptable to the East Bay Regional Park District or other suitable public agency,
subject to final Zoning Administrator review and approval, along the alignment of
the East Contra Costa Irrigation District Canal to the Delta (Dredger Cut - Indian
Slough) area.
E. Dedicate development rights to the 200 acre Fallman Ranch east of'Villages III and
IV to Contra Costa County or another acceptable a�(ency prior to recordin; the Final
Map for any please of villages III or IV.
Street .Addressin��
7. At least 30 days prior to filing the Final Map for any portion of this development, plans shall
be submitted for review by the Community Development Department, Graphics Section, for
street name approval (public and private). Alternate street names should be submitted in the
event of' duplication and to avoid similarity .with e.xistin, street names. The Final Map
cannot be certified by the Community Development [)epaltlllelll,wltlloUt the approved street
names. Consideration o1'historical local areas and pioneers in Fast Contra Costa County
shall be used for as many street nitllles as possible.
Police Services Funding
S. The owner of the property shall participate in the provision of firnciin`T to maintain and
augment police services by voting to apprelve. a special tax for the parcels created by future
subdivision approval. The tax shall be the per parcel annual amount (with appropriate. future
CPI adjustment) established at the time ofvotingby the board of'Supervisors. The election
to provide for the tax Shall be completed prior to tile filing of the Final \lap. The property
owner shall be responsible for paying, the cost of holding the election payable at the time that
the election is reclulested by the owner. (MM. S 7 and NINNI 9.3) -rhe police service district
shall be established over the entire site under one cle.ction or if acceptable to the Zoning
Administrator on a village by village basis.
Such provision shall include all additional initial level of police tax district fimciM, of $25.00
per non-open space parcel 'Il the project area, over and alcove the standard initial level of
$200 per parcel normally applied to the vesting. tentative map approval for residential
subdivisions. The added level of fiulciin, is intended to be used for aMlillented marine patrol
services, especially the erllorccnlent of, boat speed limits. In the event that the State
determines to subvert the casts (rI Illill-Illh patrol prior ter the lilinsi of a final map, this
requirement for the additional 525.00 shall be mill and void.
5
EMT Notification
9. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the
applicant shall record the following notice or other appropriate notice as approved by the
Zoning Administrator.
"Tile subject property is located near a Vigil voltage electric transmission line.
Purchasers should be aware that there is ongoing research on possible potential
adverse health effects caused by the exposure to a illagnetic field generated by high
voltage lines. Although Much more research is needed before the question of
whether magnetic fields actually cause adverse health effects can be resolved, the
basis for such an hypothesis is established. At this tune no risk assessment has been
made.,,
When a Final Subdivision Public Report issued by the California Department of Real Estate
is required; the applicant shall also request that the Department of Real Estate insert the
above note in the report.
Farm Operation Notice
10. The following statement shall be recorded at the County Recorder's Office Cor each parcel
t0 not future. O\�'lleI-S of the parcels that they O\\'ll properly 111 an agricultural area (�i.\i 4.5
and MM 7.22').
"This dOCUI11Cllt shall serve as notification that \ou havee purchased
land ilear illi agricultural al-e'i W1101-C y011 illaV ICUL11ally find Car111
e(JCllpmellt rlslllII) local roads, Ca1-Ill egllll)IllCllt C11CIS111g dlltit, 0101)
dUSt111'`? and Sl)1cIVlllg OCCUI"1"IIl`_' le,lll�lrlV, C)ullllll; aSSOCIaled \Mill
-.I- Cultural activities; noise associated with f1rm equipment and
aerial crop duSllll<T and certain animals and tlies may exist on
surrounding properties. This statement is, again, notlf talion that this
is part of the agricultural \way of"lite near the open space areas of
Contra Costa County and \,oil should be fzllly aware ofthis at the time
of purchase."
Archaeolo<gIcal Concei"Ils
11. Should al-ChacOIO;"ICal materials be uncovered during Lnadmu trenchinu or other on-site
excavation(s), earthwork within 30 yards of these materials shall be stopped until a profes-
sional archaeoli)gist \who is certified by the Society of,Prot"essional :�rcha�ulo,,y (SOP 1) }las
had an opportunity to evaluate the significance oClhe find and su,,.Mest appropriate nlitiga-
tion(s), ifdcemed necessary_ and subject to Z.onim-Y.. AdlllI111Slrator le\'Iew and approval.
I1 . 1)
6
A. If any significant cultural materials such as artifacts, human burials, or the like are
encountered daring construction operations, such operations shall cease within 10
feet of the find, the Community Development Department shall be notified within
24-hours and a qualified archaeologist contacted and retained for further
recommendations. Significant cultural materials include, but are not limited to,
aboriginal human remains, chipped stone, IIrotindstone, shell and bone artifacts,
concentrations of fire cracked rock, ash, charcoal, shell, bone, and historic features
such as privies or building foundations. (MM 1 1.1)
B In the event of discovery or recognition of any human remains on the site, there shall
be no further excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent remains until the coroner of Contra Costa County has
been contacted, per Section 7050.5 of the California Health and Safety Code. (MM
C. Appropriate nliw-,ation of the cultural resources play include 1110MtorIM-i of further
construction mid/orsystematic excavation of the I-Cs0L11-Ce.`,. Any artifacts or samples
collected as part of the initl2il discovery, Illonitonno or Illltlgatlon phases shall be
properly consei-ed. catalo ied, analyzed, evaluated and curated along Nvith
associated documentation in a p-ofesslollal. nimineI- COI1SISte1It With current
arcllaeolol,,ical standards. (NIN1 1 1 . 1 )
Gradin<, and Dust Control
12. Contractor and/or developer shall comply with the f611oN\111`, Construction, noise; dust and
litter control requirements (MM 4. 1 and 6.2.2.2):
A. Noise (reneratino construction activities. inCludin_, such thin)' as power (Tenerators,
shall be limited to the hours of 7:30 A.M. to 5:00 P \1.. 'Monday throe<,h Friday. and
shall be prohibited on state. and }Cderal holidays. The restrictions on allowed
working, days nlay be nlodilicd on prior �rrittcn approval by the Zoriin0
Admimstrato1'.
B. The project Sponsor shall require their contractors and subcontractors to fit all
internal Co111bt1311o11 en-1111es with mufflers which are in uood condition and shall
locate stationary noise-L".enerating equipment such as air compressors and. concrete
pumpers as far aiway, from existin-,. residences as possible.
C. At least one .veek prior to commencement ofgrading, the applicant shall post the site
and mail to the owners of property within 'W ) feet ofthe exterior boundary of the.
Pro ject site notice that construction work will commence. Fhe notice shall include
a list of contact persons with name, title, phone 11U111hC1' alld area of responsibility
The person responsible fir nlaintaimilg the list shall he included. The list shall be
kept current 11 all 11111cs and shall consist of persons with authc:lritr to indicate. and
r
7
implernent corrective action ill their area of responsibility. The names of individuals
responsible for noise arid litter control, tree protection, construction traffic and vehi-
cles, erosion control, and the 24-hour emergency number, shall be expressly iden-
tified in the notice. The notice shall be re-issued with each phase of major grading
and construction activity.
A copy of the notice shall be concurrently transmitted to the Community
Development Department. Tile notice shall be accompanied by a list of the names
and addresses of the property owners noticed, and a map identifying the area noticed.
D. A dust and litter control program shall be submitted for the review and approval of
the Zoning Administrator. Any violation of the approved program or applicable
ordinances shall require an immediate work stoppage. Construction work shall not
be allowed to resume until, if necessary, an appropriate conStruction bond has been
posted.
L. T'he applicant shall make a good-faith effort to avoid interference with existillo
neighborhood traffic IlowS. Prior i0 ItiSU111Ce Cit bUllding permits, the proposed roads
serving this development shall be constructed to provide access to each lot] [pgrtion
of the development site]. This shall include provision for an on-site area in which
to park earth moving equipment.
TD NM Plan
1 Prior to the ISSuance Of building permits for fixture development of the site, the applicant
shallsubmit a detailed TDI\4 Plan for review and approval by the Zoning Administrator
(unless otherwise required by a TDM Ordinance). The TDIA plan shall include nleaSures
to encol.ua�_)e conunutin(T such as park and ride lots, and fiber optic wlrmg of residences. Tile
approved TDNI flan shall be operative prior to final inspection of the first residence by the
Building Inspection Department. A teleconrnrlrting t rcility is encouraged and may be
designed as part of the recreational center or other appropriate location subject to Zoning
Administrator review and approval. (MT\4 6.2.2 and 1\4\1 6.2.4.)
Child Care
14. Provision of a Child Care Facility or program is required fOr this development aS required
by the County's Child Care Ordinance. The program shall be Sul.)rrlitted for the review and
approval of the Zoning Administrator prior to the fillip' of the first Final Map. A Suitable
child care center Should he developed in Village l in conjunction with the school site subject
to review and approval of the Zoning Administrator and an agreement 1)v the school district.
The child care center location can be noduled Subject to Z(-)Illll.! Administrator approval.
'File child care center Shall be Irl operation prior to occupancy of residences (other than
senior housing) in Vilhl�ge 11 or when the school is operatiowd. (NI\1 8.2)
s
Indemnification
15. Pursuant to Government Code Section 66474.9, the applicant (including the subdivider or
any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa County
Planning Agency and its agents, officers, and employees fi-orn any claim, action, or
proceeding against the Agency (the County) or its agents, officers, or' employees to attack,
set aside, void, or annul, the Agency's approval concerning this subdivision map application,
which action is brought within the time period provided for in Section 66499.37. The
County will promptly notify the subdivider of any such claim, action, or proceeding and
cooperate fully in the defense.
Water Action frorn Boating and Bank Erosion
16. Prior to development of the marina the requirements regarding wave impacts from increased
boating must be properly mitigated per the adopted Mitigation Monitoring Program. NIM
1. 1.7.
Project Construction
17. The project applicant will be required to comply xwith all necessary permits, including but
not limited to, the NI-IDES permit for Storni Water Discharges Associated with COI1StrLICtIOn
Activity as well as applying for inclusion in the General SIOrilIM11 r Per-nlit issued by the
State of California. Thee project applicant must IISO comply with all requirements Of
construction permits fiir COnlra Costa County. The applicant must obtain CANI.A. Section
404 and Section 10 permits from the Army Corps of I n ineers Ioi COIIStRICtiOII Irl Wetlands
and navigable waterways for the marina as required by 13W (IM l I. 1 8)
Ground Water 13ydrolog
18: The developer shall participate in the establishment, prior to development of the site, of a
long term water quality nlana`,enlent program, comparable to a program recommended by
LLlhdoi-ff & Scalmanin] of the degradation 01' ground water quality. Mlle appropriate
monitoring program will be one that identifies changes in iluantity and quality of water and
provides for responses to these changes in a timely fashion. This can best be accomplished
by establishing a Illl.11tl-aglllfer nion1torin- network in cooperation with local agencies such
as the 13131.D, Delta Diablo Sanitary District (Sanitary District 4'19) and FCCiD. Means
acceptable to Sanitation District #19 to finance the long terlll Illonitorinui program shall be
ID
developed prior to site development. The long-term monitoring program shall include
measures outlined in the Adopted Mitigation Monitorin, Prouranl acceptable to Sanitation
District #19. (MM 1.2. 1.)
t
9
19. As recommended in Condition 918, above in the relitigation of the degradation of
groundwater quality and in the Luhdorff & Scalmanini reports, the developer shall
participate in the establishment, prior to developieeent of the site, of a long-tercel monitoring
plan for the aquifer- (regular monitoring of water supply wells currently in Discovery Bay,
water supply wells outside of the developments, and monitoring wells capable of monitoring
multiple aquifers) would identify changes ire the quantity of water. Aquifer capacity and
renewable resources should be docurnented and properly managed to prevent overdraft. If
recoverable storage capacity of the aquifer is insufficient, an additional water supply source
shall be investigated and developed. Means acceptable to Sanitary District P 19 to finance
the long term monitoring program shall be developed prior to site development. The long
term monitoring plan shall include measures outlined in the mitigation monitoring program
acceptable to Sanitation District #19. (N/2\1 1.2.2)
Ve�-,etation and Wetlands
20. The foilo\vin`�r 111Ca5llreS are required for impacts to ve`,etatlon anti \wetlands. (MM 2. 1. 1 ):
A. Jurisdictional wetlands lost as a result of direct impacts of the project shall be
compensated by the restoration or creation of wetlands at a llllnlmLlnl ratio of 1: 1.
Loss Of' Si`,nifrcant natural wetland COnul>lrnities should be compensated for at a
higher ratio to be determined bypalrties involved and the Corps of Engineers as part
of the Section 404 permit process.
H. Compensation Should be of the same habitat type ,is affected wetlands (i.e., in-kind
replacement) \vhenever feasible, or With the approval of Corps of hngineers, shall
be of habitats of higher botanical and wilcllile \alue Mitigation areas should be on-
site, if practicable, or located off-site within reasonable proximity to the project site.
County policy requires that the mitigation site be. located within Contra Costa
Count\'.
C. NI.Ith—,mion wetlands should be located Ill iI Ier,C COrlti('llOLIS Marcel \meth transitional
%011e and adlaCellt Upland habitat to maX mite the likelihood Of SLICCCSS ill Creatlll�
habitat capable of malnta1niM-' Viable p0i)LIlMI011S Of MitiVe I)lant and allllllal SpeCies.
A buffer zone (preferably O it. or greater in \width) should be established and
maintained around the cd<Oes ufall \\etland anis terrestrial IMbitat used as imii-aiion
for project irllpacts.
21. The following requirements are required for the rllitii ation of the danlage to special Status
plant species. (NIM 2 1.24
10
A. The first choice in mitigation would be to alter the project plan to avoid direct
impacts oil both individuals and habitats of these species. if such action is to be
taken, steps must also be taken to ensure that indirect impacts associated with the
project throughout its life do not significantly impact these special-status plants and
their habitat.
Alternatively, subject to pleasures outlined in the Mitigation Monitoring Program the
project applicant shall establish replacement special status plant communities located
either on-site or off-site within reasonable proximity of the project.
Advice on the mitigation project shall be sought from the California Department of
Fish & Game.
A means to fund over-site, long terns shall be developed for thIS condition prior to
development of a site containing or causing sorb an impact.
Mosquito Abatement
22. Work with the Contra Costa Mosquito and Vector Abatement District stafT to develop a
mosquito source reduction and management plan. The developershall cooperate with
District stair in the development 01'a InOSgllltO 1110111101111' and source management plan.
Applicant shall fund the development c_lfthe plan.
Impacts to speci Il..-\niltlals
2j. Impacts to Delta Smelt. (MINI. 2.2.5)
Prior to site development in any phase of project proper steps to implement the provisions
of the adopted NIM.",ation Monitoring Program in rewards to delta Smelt shall be taken.
24. Impacts to Soutlixvestern fond Turtle. (M.M 2.2.6)
Prior to site development in any phase of project property steps to implement the provisions
of the adopted N1111gation NIonitonno Prooram in rewards to Southwcstenl Pond Turtle shall
be taken.
2�.
Impacts to S\\ainson's I la\-vk. (NINI 2.2.8)
PI lot- to site development In any phase of project proper steps to implement the provisions
()f tile. adopled Mltlgatlioll Monitoring Pro.'_ram III retards t0 the S\1'ainson'S I la\vk shall be
taken. `
}7
11
26. Impacts to Burrowing Owls. (MM 2.2.9)
Prior to site development in any please of project proper steps to implement the provisions
of the adopted Mitigation Monitoring Program in re<,ards to the Burrowing Owls shall be
taken.
27. Impacts to Sail Joaquin Kit Fox. (MM 2.2. 10)
Prior to site development in any phase of project proper steps to implement the provisions
of the adopted Mitigation Monitoring Program in regards to the Sail Joaquin Kit Fox shall
be taken.
Noise Impacts
2S. Noise impacts to wildlife. (M:ti1 4.2)
Prior to site development Irl any phase of project proper steps to implement the provisions
of the adopted Mitigation Monitorinu, Prouram in regards to wildlife shall be taken.
29. Noise conflicts between proposed uses. 4.8)
New residences must be constructed so that interior DNf_. is 45 dBA or less and so that
indoor noise levels dui to single noise events shall n01 exceed a max"
1111L1111 of JO dBA in the
bedroom and » dBA in other habitable rooms.
Geolouv, Soils and Seismic. Hazards
30. T'he excavation of soil M-01-1114 the manna and lakes 1111151 be rigorously observed by trained
professionals to identify any loose, clean sand and silt and peat in cut slopes; these should
be excavated and replaced with compacted till that includes a buttress that has been properly
keyed into native soils and sediments and that has been properly constructed with engineered
fill. A soils/geotechnical professional site acceptable to the Zoning Adnlinistrat.or shall be
employed to monitor this measure as needed. (MM I l
A. I he proposed nliti,gation ti
� l
12
B.. The proposed mitigation for the flow of loose soil into the lakes is the same as for
mix1110 of groundwater and surface water. Excavation should be actively monitored,
and sands from which groundwater flows, which may erode the loose (heaving)
sands, should be excavated and replaced with buttress fills, keyed into less permeable
clay-rich layers below and constructed of less permeable material to discourage flow.
(MM 1.2.5)
C. At least 45 days prior to recording a Final Map, issuance of a gradient permit, or
installation of improvements or utilities, subject a preliminary geology, soil, and
foundation report meeting the requirements of Subdivision Ordinance Section 94-
4.420 for review and approval of the Zoning Administrator. Improvement, grading,
and building plans shall carry out the recommendations of the approved report.
D. The report required above shall include evaluation of the potential for liduefaction
and seismic settlement.
E. Record a statement to run with deeds to the property acknowledging the approved
report by title, author (firm), and elate, callinyo attention to approved
reconlnlendations, and noting that the report is available fi-om the seller and/or the
County.
F. At least 45 days prior to issuance ofpermits to ,rade and create the lakes on the site,
a suitable geotechnical report shall be submitted fir the review and approval of the
LOIIIIIg AdllllnlstratOl delaI III(, meads to stabilize tilt. lake bank in case of earthquake
and reduced possible INLIC.'aCt1OIl dangers 111 tllls area.
linpacts on Agricultural ]..wilds
3I . Suitable fencing shall be developed around projects perimeters to separate Iesldentlal uses
from surrounding agricultural lands and activities. (Ni\1 i)
Equitable sharing of rhe cost of the initial (and any SUbSCgllent) Felice constructed to deter
trespassim,., etc., is to be arranged between the prlmar% developer and any other developer-
who is active in the project arca and benefits tiom the ttllclll`?, if possible. to do so.
Impacts on School Districts
32. Prior to recording the heal lllilp for Ally phase of this project, written proof shall be submitted
that compliance with the CXCCIItCd school nlitiyation aurcemerlt has been acllleved.
13
Increased Dernand for Water and Sewer Systems
33. The site for Discovery Bay West shall be annexed into Contra Costa Sanitation District 919
prior to recording the final map on any portion of the development. (MM 8.3)
A. Completion of a water supply study and a water system master plan acceptable to
CCCSD 19 for the area within the Urban Limit Line is required as a condition of
project approval. The study must define a fitnding mechanism that ensures new
development pays for improvements to serve it exclusively.
B. In the study of water supply, include consideration of how to reclaim water and reuse
it. Reclaiming water and using reclaimed water are encouraged by the County
General Plan.
34. Annexation of-the proposed proiect area into Sanitation District 19, predicated on agreement
by the district and The Hofmann Company on condition for annexation and fulfillment of
such conditions within an agreed-on schedule. (_`olaiiitionS would include determination of'
technical standards and design of the expansion of the e\Istln,. sanitar\ sewer System.
.8.4)
Police Protection
35. Measures to reduce or prevent crime incidents should be coordinated and include both
physical design measures (including, lighting for streets, parking areas. and entries; clear
address signs; door and window security design and locks), social measUI-Cs (including
neighborhood crime watches, anti-violence support groups, and education programs) and
legal measures (control in selected areas for ,clecied tvpes of Nater activities, e.0
swimming, jet skis, etc.).
Pians to accomplish the above shall be submitted to the Contra (.osta' County Shcrifl's
Department for comment prior to development of the site. (MM S 7)
Fire Protection
36. Before recording any Final Map negotiate to deslLll, construct, and equip a fire station for
service to the project area as rCquired by the l=ast Diablo Fire Protection District or its
representatives. The construction of the lire station can either fully or partially satisfy fire
fees. Later nearby developments stay he I_e(lUll'Cd to 1_e111 hLJJ$C the dc\eloper on a pro-rata
basis.
The primary dCVCloper must also design streets and other features in the project area to
accommodate fire and other emergency vehicles (NIN1 1 S S)
------------
14
Park and Recreation Facilities/Recreation Uses
37. General Plan standards for neighborhood park acreage and facilities are to be met by the
proposed project through arrangements acceptable to the C01111nLinity Development
Department can be made by The Hofinann Company, such as the provision of "common
area" acreage for recreational use. Suitable improvement of the public park may be used to
partially meet park requirements as can up to 50% of the private outdoor recreational area
if large enough and high quality enough private Outdoor- recreational areas are provided
Within the gated conlinUnIty.
38. Transfer of responsibility for security and management of the ECOID canal from the
Irrigation District to another entity such as the East Bay Regional Park District, which has
expressed an interest in the canal easement for' development as a regional trail shall be
pursued. If an agreement cannot be made, Tile Hoflllann Company may need to make other
arrangements with the Irrigation District; such as the addition of suitable security fence.
Right of Farminq Ordinance
39. If the County's right to farming ordinance has hCell adOl)ted prior to the issuance of building
permits on this site., the developer shall inform future 0%\ners Of' that OrdlllancC InfO1-1111110
them of the right to f'arm within the Contra (..'osta (_.Llullt\ :area.
Removal of Existinu Water Wells/lIa7_al-dMIS Chemicals Oil Site
40 Any' 11a7.ardOUs ChCIl11C8I stored on the site shall be pri�pe rlv removed and disposed of under
County Health Services Department regulations. Am existing water wells on the site shall
be properly capped Lllldel- COLllltV IICalth SCrvicCs DelNartnlcnl reguiatirnls. A Level I
hazardous waste assessment shall be condLICted Oil the >ite. prior to filing. of any Final Map
that verifies that the site does not contain al1V hil7a1d0L1S wastC
Iri-Wation Districts
41. Prior to recording the final neap for phases on this site. confirmation shall be received from
the Byron-Bethany Irrigation I_)istrict and East Contra Costa Irrigation District that any
facilities they Have on the site have been propel ly nuwed or removed as the case may be, or
as an alternative a letter from the District may be sul witted indicating, that they have no
facilities on the site. that Nwill be disturbed as a I-CSLIh of ilils development.
`, 1
15
East Bay Municipal Utility District Chlorine Facility-
42. At present the East Bay Municipal Utility District stores gaseous chlorine one-half mile
north of the north end of the Discovery Bay West site. There may be plans to rernove the
gaseous chlorine from the facility in the future. However, this has not been decided yet. If,
when development starts on this site, the gaseous chlorine facility is still in place then the
developer shall accomplish the following prior to the issuance of the first final building
permit for this project:
A. Give all residents, homeowners, and renters full diSCIOsllre regarding the presence
of chlorine at the EBPAUD Bixier site.
B. The development shall support a proportionate share of the cost of the Community
Warning System (CWS), the enlerge.ncy notification system being installed
throughout the County (which Will include the installation of a siren system). The
system is designed to warn the residents of the development if a large scale
accidental release of hazardous materials occurs.
C. The development shall ensure that the homes re as air tight as feasible by providing
superior window seals; door seals, positive closure for fireplace dampers, etc. A
periodic replacement program should be established as seals have a finite life. (To
reduce indoor air pollution, the homes sNxild he thoroughly ventilated prior to
occupancy.)
D. All homeowners shall be provided %vhh suMdem information regarding shelter-in-
place and the actions that should be taken in the event of an accidental chemical
release.
E. "These Instructional materials shall be written in plain langlUage, and x-vill be
developed in consultation with the I lazardous \iaterials Division of the County
Ilealth Services Department, subject to the re\iew and approval of the Zoning
Administrator.
If the facility is removed or the process is changed then this requirement can be deleted
subject to Zoning Administrator approval after review by the Hazardous Materials Division
Of the County Health Department.
If, upon further review by the Hazardous Nlaterials f1vision of the County_ Health Services
Department, it is determined by the Health Department AM the chlorine facility could not
have a significant effect on Village I, then the above condition can be modified subject to
Zoning A imiilistrator review and approval.
16
Design Revisions and Concerns
43. Guide for development and use provisions for this site shall be as follows:
A. Private Road Area. Setback of residential units may be varied fi-orn 10 feet minimum
except that garages shall have a setback of at least 17.5 feet provided vertically
opening garage doors are used otherwise a 20 foot garage setback is required. The
R-6 zoning district shall be used as a guide for the residences height, lot use or lot
coverai-,e of the site. Detached sheds or outbuildings shall be limited to a height of
12 feet. Zero lot line or duet lots, Including 0 ft. side or rearyard garage are
acceptable. M.ininlunl aggregate sideyard is to he 10 feet. Corner- lots shall have a
secondary setback of at least 5 feet.
B. Prior to the issuance of'bui1(lin(� permits, the applicant shall submit samples of color
and exterior materials for the review and approval of the Zoning Administrator. The
fences between lots shall be of solid wood and shall be at least 5-feet Nall. The
residences of this development shall be fini)hed in suitable color- and shall be
colllplinlentary. Houses along 13ixler Road shall (lave appropriate sound reduction
measures built in acceptable to the Zoning. Administrator Residences alone 13ixter
Road, Newport Drive and Point of' Timber Road shall have architectural
enhancement Illeasures at the back of the tinct and rearvard setbacks shall be varied.
C. At least 15 days prior to issuance of buildin<< Permits for ally phase of project a
residential tit plan showing, the location of}llannzd homes shall be submitted for the
Zoning Administrator's review and approval. -idle plan shall include information on
the number of stories planned for the residence for each lot and the proposed
setbacks.
D. Prior to issuance. of building permits for ally phase ofthc project, and at least four
widely different plot plans for Villages II, Ill and I\/ shall he submitted for review
and approval of the. Zoning Administrator.
E. Details ohthe design of the walls and landscapliiL, proposed alone C3ixler Road, Poi
rlt
of'l'inlber Road, and Newport Drive shall be submitted for the revic\V of the Zorlinv
Administrator afler review and approval of the PLINI \•Yorks Department. The walls
may, he built in phases. The plan shall be acceptable 1)1-ior to issuance of building
permits in any phase of the project. There shall be no exclusive. project identification
si( n at the corner of Blxler and Point of Timber Roads.
The landscaping. strip along the south side o1'Poir-k of I inlher Road and Qwest of"D"
Street shall be X•videned to the same \width :;s that proposed on the vestin
tentative/final development plan for the area east of"D" Street
17
44. A community center shall be provided as part of the Discovery Bay West project. The
location and size of the community center shall be determined prior to the filing of the Final
Map for this development or any phase of this development. The Hofinann Company shall
dedicate the site and pay 50% of the building construction cost, including landscaping and
parking lot costs. The community center shall be constructed within 12 months of the
issuance of the first building permit provided Discovery Bay community secures its 50%
share of the construction costs. If the Discovery Bay cotllinunity has not secured their 50%
share of the building construction costs prior to issuance of the first building permit, the
community center shall be constructed within one year of the community securing said
funds. The community center shall generally be located at the northwesterly corner of the
intersection of"D" Street and Newport Drive as shown oil the staff sketch dated March 24,
1995, located in the project file unless an alternative site is agreed upon prior- to recording
the Final Map for this area of Village I.
A site shall be designated in Village 1. If a site is agreed upon in another area of Discovery
Bay then the site may be developed subject to Zoning Administrator review and approval.
The site upon which the Discovery Bay Community Center is to be build will be jointly
determined by The Hofmann Company, Discovery Bay N.I.A.C. and Contra Costa County.
45. Prior to recording final maps for any phase of Villages ll. 111 and i\/ on a village by village
basis, the developer shall submit detailed landscape plans and facilities plans for the
recreation centers and other landscaped areas for the re\iew and approval Of the Z_orling
Administrator. and if'maintained by a public agency, that public. agency. Lach recreational
area shall include suitable and adequate active recreation'--d facilities. .Provide an additional
recreation area west of proposed "00" Street in Village IV and at least one recreational area
on the island one near the marina. Suitable parking. bays or lots shall be provided near the
recreational center.
46. At least one bridge C(lilllCCtlrlo the islandin Village. IV to the Illalll land Shall be high enough
above the normal water surface in the lake so that a snlall boat with seated operator or
passengers can pass under the bridge with adequate and safe,. clearance for the occupants as
long as if this docs not adversely affect the maintenance or water quality of the lake.
47. Lots within the loop roads in the western portions of Villages I1, i.II and IV shall be oriented
toward the lake as shown on the stall'plan dated March 24. 1994detailing that plan located
ill the tile.
48. The potential exists for increased risk of tloodin , over time due to the possible rise in sea
level and/or site subsidence. The project property o\�ncrs shall be infOrnled by disclosure
statement of the potential for iliture I-C(ILIIreI11CIItS for lei ees :11-OLlll(i 1111$ SItC. illld tile. I)OtCiltlal
associated COStS if tllOSe levees ShOLlld be. IleCdCd ilS 1-Cult of Sea ICVC) HSC ;ill(1/01" SIIe
Subsidence.
la
49. The garage area of each residence shall be wired for electric car recharging subject to the
review and approval of the Zoning Administrator, and subject to the adoption of final Board
policy mandating this.
Homeowners Association Formation
50. Prior to filing the map, the applicant shall create a homeowners association or similar
mechanism to provide for the continued maintenance of all private permanent open space,
lakes, recreation centers, marina, trails and other landscaped areas.
51. Covenants, Conditions and Restrictions shall be submitted for review with the Final
.Subdivision Map, and shall be subject to review and approval of the Zoning Administrator
as they pertain to the conditions of approval. This document shall provide for establishment,
ownership and maintenance ofthe private common open space and parks, and parking area,
fire protection, fencing, private streets and drainage maintenance, keeping of pets and
establishment of signs.
The Covenants, Conditions and Restrictions (CC' Rs) developed for this project shall
include the following restrictions:
A. (Example) No recreational vehicle_ boat, boat trailer or mobile home shall be stored
on the site overnight in lront}'ard drivexvays or ritestreet overnight. Exterior
materials and colors shall not vary from the palette approved for the original homes.
13. 1f the home occupation meets County ordinance I-CgtlrrClllews. then the Zoning
Administrator may adllllnlstrativek! approyC the request.
Road and Drainage.
5?. The following requirements peto drainage, I-Oild, <ind utility improvements xvill
require the review and approval of the PIR111c. WOFk'S Delmltlllellt.
A. ORDINAN(,'V REQUI.RIENIENTS:
The applicant shall be requried to comply with the requirements of Title 9 of the
County Ordinance Code xvhrch include, but are not limited to the folloWln<`
requricnlcllts:
19
1) In accordance xvith Section 92-2.006 of the Ordinance Code, this subdivision
shall conform to all applicable provsiions of the Subdivision Ordinance (Title
9). Any exeptions therefrom must be specifically listed in these conditons of
approval_ The drainage, road and utility improvements outlined below shall
require the review and approval of the Pbulic Works Department and are
based on the Vesting Tentative Map, Final Develpornent Plan cited Marcie,
1995, submitted to Public works.
An exception to allow a 0.75% minimum grade is allowed subject to Public
Works approval providing
a. The soil engineer recorn Mends reduced grades and signs the
improvement plan,. and
b. The applicant warran�,e the Curti 110\\ From porulin, fc)r live years
fOIION yin, completion. The Curti shall be inspected and repaired
annually
2) Division 914 of the Ordill'.IICe Code requires that all storm waters entering
or originating, within the subject property shall be conveyed, without
diversion and within ailadegllalC Stl)rlll drainaQe facility, to a natural
watCIC011rse haven deflnahle bed and hanks. or tip I existing adequate storm
dralm ,e taclllty wMiele c0nvevs elle �toi-m waters to a natural WatCICOl1rSe.
This project necessarily involves some diversions of.watershed. However,
since these diversions ,enerally discharye to tideal bodies of water with
adequate cross scetion�aiul capacity. these diversions may be considered
appropriate, subject to re"iew and appro%al of 1)lll)lIC \Vorks.
i) Conveying Storni waters In all adequate Storni drape SVStOrn to a: dLIIV
010ani7ed Homeowners :association. \•lunicipal improvement District; or
Reclamation District drainaue faiclity servin<, the area, is acceptable,
provided the applicant obtains a letter frons that entitv accepting the drainage.
i'roivde approipriate draula,c releases \\here public water enter private
facilities
4) Diversions resultin"' in dISCharv,C ol'S101111 eaters into the Contar Costa Canal
or any other \vater conve ante or impourl(finh, facility for domestic water
C011Su1111)tI0I1 is prohibited by the. Ordinance (.bode. It is acknoledoed that
M-HAcultural lands prsently ,train to the ECCID facility.
5)
For anythirl, in these condi10111S of appro\aL which is subject to the approval
of Public \.Vorks, such api- (lval shall 1101 he urlrcasonahly withheld.
20
B. TRAFFIC MITIGATION FEES:
The proejct traffic rnitigaiton fees will be collected at the time of the building permit
for each residential unit of this development. No mitigation fees will be collected
frorn non-residential construction. The project traffic mitigation fee shall consist of:
* The Eastern Contra Costa Subregiorlal Transportation Mitigation Fee
(ECCSRTMF). This fee is for construction of the State Highway 4 Bypass.
* The East County Regional Area of Benefit fee (ECRAOB). This fee is to
improve local roads identified oil the Circulation Element of the County
General Plan.
* 'file Project Traffic M.itigatiorl Fee. This fee is $6,500 (revised annually to
reflect inflation, using the State of California Construction Cost Index as
published annually by Caltrans, as a reference) less the East County Regional
Area of Benefit fee and isu sed to mitiL7ate project impacts riot covered by the
above fees.
The difference between the adjusted $6,500 Project Traffic Mitigation Fee and the
ECRAOB fee shall be put into an interest earning Road Improvement "frust (Fund
No. 819200-0800 or other project specific. fund) 10 be used to mitigate off-site local
road and intersection improvements as reasonably determined and approved by the
Public Works Department, which are identified in the EIR or the Flexible Mitigation
Monitoring Prog.ranl, and are not included in an established area of benefit. These
funds will not be used for- oil-site 1111proverllerlts; 11-ontage il,,provenlerlts; the off-site
improvement of 131xler Road frons the proejct to State I-lighway 4, improvement of
Point ofTinlber- Road from Bixler Road to Byron Highway; the project's 50% share
of the signal at the 13ixler Road-State I lighway =f intersection; signalizatiorl of the
State Highway 4-Discovery Bay Boulevard intersection; or any necessary
construction traffic mitigatin along the specified project construction haul routes.
If, after the 500th Building permit, the Flexible Mitigation 1%/fonitoring Program
determines that trallic assumptions have chanced significantly and a modification
to the rrlitigaiton is necessary, the adjusted 56.500 ti-Alic, nlitigatiorl contribution
shall be modified at the 501 st Buidling Permit and/or the 1201 st Buidling permit to
reflect the additional IIIltl(latlon riot Iderltlfed III the E-CC.SRI i\/1F or the ECR.AO13.
C. 1)U13LIC IMP1ROV1:1Vl.ENTS:
1) Flexible Mitigation Monitoring Pro'rani
21
The applicant shall work with Public Works to set up a Flexible Mitigation
Monitoring Program. The program shall allow the development of up to
500 units based oil these conditions of approval, plus additional units subject
to review of the traffic assumptions in the EIR.
a. The traffic assurilption review shall take the form of a letter report
summarizing the observed project development trip
generation/distribution and the most current roadway improvement
assumptions in East County. This new inforanition will be compared
with the ETR assumptions and a reasonable conclusion made as to
whether or not traffic assumptions have changed which could result
in new, or additional, signifdiarlt project impacts to the surrounding
road network not already identified in the EIR.
b. The Flexible Mitigations Monitorimg Program will review the traffic
assumptions no sooner than at the 400th unit and the 1100th unit, and
shall be completed respectively by the 500th unit and the 1200th unit
to determine if the traffic assumptions in the Environmental Impact
Report are still valid (schedulin« of implementatioin of the State
Route 4 Bypass shall be considered).
i. if the initial assunlptionS made are still valid, the mitigaiton
pleasure will remain unchanged, and the applicant will be
required to comply Nwith the conditoins of approval as stated,
and continue to contribute -S6.500 per unit (revised annually
to reflect inflation, LISW the State Of Calif01-111a COJISti"llctloll
Cost index as published annually by Caltrans, as a reference)
for additonal off-site road improvements, after the first 500
units and the first 1200 units. respectively.
2. If the traffic aSSu111ptlOIIS have significantly changed for the
worse and there could be new, or additional, significant
project impacts not identified in the EIR, the applicant shall
perform a more detailed tragic study to determine traffic
impacts of the Next phase of development (e.`�., 501 to 1,200
or 1,200 to buildout) and recommend mitigation measures
based on the new traffic aS•unlptions. The bras Ic study, and
the proposed traffic mitiganon pleasures shall be subject to
the review and approval of Public Works. The traffic
nliti ration pleasures, if different frons those identified in the
ELR, play he subject to review at a public hearing. Any
simlificanl project related traffic impact which cannot qualify
for the ECR:101.3 or ether te.e area swill be the responsibility
of the project applicant to mitivate oil a fair share basis.
22
Newly identified significant traffic irnpact shall require
mitigation only if the level of service does not meet the
adopted traffic level of service standard. Tile project
applicant shall arrange for mitigation of such newly identified
significant and warranted traffic impacts prior to issuance of
the 650th Building Permit, and again prior to issuance of the
13 50th Building Permit, if necessary.
;. I.nipacts which were identified in tile initial EIR project list
will be considered satisfied for that increment of time if the
initial or subsequent traffic assumption review shows impacts
are Insignificant (subject to the review at a public hearing if
required by law), and the approval of the Zoning
Administrator. (FINDINGS FOR L1\•'IPACT #36, MMA.C.)
C. The applicant shall submit a biannual Flexible Mitigation Monitoring
Progralll update to review road intersections and the overall road
system and to reconllnend potential expenditure of this project's
mitigation funds commencing it the 650th Building Permit and
continuing biannually_ with the last report issued at the 1900th
Buildin�� permit
d. The applicant shall pay for all reasonable and verifiable stag tinge
involved in preparation of rhe ;1:111 stLICly, the Flexible IM.it.igation
Monitoring Program; the propo,ed taflic nlltlgaton measures, and
Illonitorin 1 of the project and re%1e\y of these studies, program and
IllOnll(7r111�,.
e. The pro iect applicant shall pay its share of the costs of the future
environmental review dOCLIMelliail(ln required tor� any necessary
niodif cation of the project FIR: new project traffic mitigation not
identified with these project approvals, nlodilication of the area of
benefit to reflect additional projects as a result of Discovery Bay
Nest; and modification Of the County General Plan to accommodate
the same purpose. The applicant shall only be required to pay a fair
share of the cost of modification of the area of benefit progralll if
projects are being added throu,hout the pro-rani areas. .However, if
the area ofbenefit is modified solely at the applicant's rcqucst to add
nliti`saton I11C..a,Ures ti-onl this prole,t. then the applicant shall bear all
costs.
23
2) Construction Truck Tragic Mitigation
a. Prior to issuance of the first residential Building Permit, the applicant
shall widen Bixler Road o -site to a minimum width of 28-feet from
the limit of Permit 3031-91 and Subdivisions 7679 and 7881
obligations to the Phase 1 project entry. At the applicant's option,
these widening improvements may be either an interim improvement
or a portion of the ultimate improvernents discussed in 3)c. below.
If a 28-foot width has not been constructed from the southerly limit
of the applicant's responsibility to State Highway 4, the applicant
shall widen Bixler to a 28-foot minimum \yidth all the way to
Highway 4. Any permanent or "ultimate" improvement constructed
by the applicant .which is the obligation of the properties involved in
the above noted developments shall be subject to reimbursement
through reimbursement areements administered by the County. The
applicant shall direct construction related truck tragic to the site via
Bixler Road from State HighNvav 4, restrictim"r construction related
damage essentially to only Bixler }toad. (FINDING FOR IMPACT
#68, M. MB.c.). At the developers option, constrLlction truck traffic
may also use Point of Timber Road after- it has been widened to 28
feet. Applicant shall submit improvement plans, pay inspection and
plan review fees for these road Improvements.
The applicant may use Nexvpon Drive for no more than one month as
a construction detour while Blxler Road IS Llllder COnStRIC11011. In Ifo
case will Newport Drive be LISCd as a C01IStRICt1011 haul route.
IIi order to determine the pre-pro)ect road conditions the applicant
shall, prior to project �,r-adlll,_'. provide. a video road survey for the
follo�wI roads: Balfour Road frons B_xler Road to Byron Highway;
Bixler Road north to Or1wood Road, and Marsh Creek Road from
Bixler Road to State I liiLdi wav 4
b. C011StrLlCtion Road Maintenance L� reerllent
The applicant shall execute a bonded constl"LIC0011 road maintenance
ay=reement assur11l the County that the specified project haul route(s)
will be maintained til a corlvement. passable con(Illlon tllroLlgl1011t the
construction period. The bond shall consist of a cash bond of
S I x,000 toy)ether with additional security totaling the cost of
upgrading of the specified project haul route(s) The bond shall be
24
provided prior- to the approval of the first phase subdivision
improvement plan and shall remain in effect until the haul routes are
improved to handle the tratiic, or until upgraded construction is
completed.
C. Construction trick traffic monitoring- If the applicant uses non-
designated streets for construction truck traffic, lie shall repair the
roads to the pre-project condition prior to filing the next Final Map
subject to the review and approval of Public Works. if the
maintenance is not completed in a timely manner, the County will
activate the Construction Road Maintenance Agreement for funds to
perform the maintenance.
d. Provide sufficient parking, on-site for construction crews and
associated personnel. The applicant shall not permit construction
crews and equipment to park along, currently existing public roads or
interfere with neh,liborhood agricultural 01)erat1o11S.
e. Applicant shall indicate on all subcontracts, bulk and CUStOrn lot Sales
contracts, homeowners association dOCUnler1tS, et al, that construction
truck traffic Shall use. State llighway 4 and Bixler Road as
construction access to chis development, unleSS other routes have
been specifically designated 11Y applicant aS outlined in 2)a. above.
3) Bixler (toad Frontage Improvements
a. Applicant shall construct Bixler Road pavement widening with the
easterly curb lace established by first assuring a lllln1111u111 .5-foot.
clear distance from any ditches on the westerly side to the edge of-
any
fany required paved shoulder and thereafter providing the required
lane and ShOUlder \vldths, bUt not less than 32-feet from existing
centerline.
b. Existing Bixler Road shall he reconstructed, or oveilayed if studies
warrant. The pavement shall be striped to provide. one 12-foot
northbound lane with a 6460t ShOL11dc1_. one 124i00t SOL11111.)OLInd Ialle
plus Shoulder, plus nei;essary channeliration at intersections frons the
southerly boundary of'Villa`,.c I to BalR)ur road.
C. Bixler Road shall be a 3646ot road width (2 - I246ot lanes and 2 -
6400t shoulders) 6-0111 Balfcnlr Road to the northerly boundary of-
Village 1\1. The easterly curb line shall be 32-feet from the existing
25
centerline. The westerly portion of the existing roadway may be used
as a separated southbound bike path/equestrian trail. However,
delineation should not allow vehicle traffic to use this portion of the
old roadway.
d. Construct curb, 5-foot 6-inch sidewalk (width measured from curb
face), street lighting, landscaping and irrigation (EIR Mitigation
RMCir-22). (FINDfNG FOR IMPACT #51, MMC.c.)
e. The applicant shall be required to construct safety improvements
along the frontage of the Evan's property.
f Pads for the proposed bus shelters, bicycle racks and/or lockers shall
be clear of the sidewalk area at potential bus stops.
g. Provide necessary lonuitudinal and transverse drainage along the east
side only.
h. The applicant may need to remove and replace the roadway if
required by the (zrade, all nnl.nt analysis and determination of
structural adequacy, subject to the review and approval of Public
\\-orks.
I. The applicant shall submit inipro\elllent plans and pay inspection and
plan review fees prior to tiling of-the Final
4) 131xier Road, Ott-Site Improvements:
a. Bixler Road-
I. The applicant shall widen and overlay Bixler Road from the
project site to the northerly° limit of the proposed Subdivision
7679_ Subdivision-7881 and Permit 3031-91 obligations to a
34-Coot pavement \vidth (I_INDING FOR IMPACT #51,
M.Iv1.C.c. ), and construct required modifications to the ditch
system to maintain existing capacity If necessary. The
applicant shall bond tier these off-site improvements prior to
issuance of the 400th Building, Permit Or issuance of.'Building
Permits in Villa,,es III or IV and shall complete the
inlprovenlents \within one year thereafter. The applicant shall
remove, replace and \width the roadway if required by the
all.giinlent analysis and/or deterllllllatlon 01 strUCtU1aI
� t
26
adequacy. If replacement of the pavernent is not required, the
applicant may be required to level, overlay and transition,
subject to the approval of Public Works. If the developers of
Subdivision 7679, Subdivision 7881 and/or Permit 3031-91
have not bonded and/or constructed Bixler Road to a 34-foot
width all the way to State Highway 4 prior to issuance of the
400th Building Permit, the applicant will be responsible for
bonding and constructing the additional pavement to provide
a 34-foot width over ally deficient segment of Bixler Road.
2. If Bixler Road is reconstructed the minimum road grades will
be adhered to.
The off-sits Bixler Road improvements shall be designed,
prior- to filing of the Final Map for Village I1. The applicant
shall submit improvement plans and pay inspection fees and
plan review fees prior to filing of said final Map.
4. The applicant shall provide additional right of way, if
necessary For the roadway, and portions of the ditch system
conveying project storm waters, subject to the review and
approval of Public works. At applicant's request and expense,
Public Works will obtain the necessary easements and rights
of way.
�. It is understood and acknowledged that certain portions of
these off-site Bixler improvements may be impossible or
impractical to construct due to wetland regulation or policy
requirements. if Public \Forks determines that such occasion
should arise, the applicant may be permitted to reduce the
Shoulder requirements, but in no case shall less than 28 feet
of pavement be provided.
b. State Highway 4 Signal at Bixler Road and at Discovery Bay
Boulevard:
I. nrrang6 for Signalization of the State Highway 4 intersection
at Bixler Road prior to issuance of 200 Building Permits in
this development if' not already assured or completed by
others at that time. Fifty percent of the signalizatloll cost of
the Bixler Road signal is reimbursable from the property
owners at the northwest and northeast quadrants of this
intersection. One hundred percent of any widening costs for
13ixler Road is reimbursable from the same parties.
27
Submit improvement plans, pay inspection and plan review
fees, and apply for a Caltrans encroachment permit prior to
improving the intersection.
2. If the Bixler Road traffic signal has been installed, the
applicant shall contribute 50% of the cost of the traffic signal,
prior to issuance of the 200th Building Permit, to a Road
Improvement Fee Trust (Fund No. 819200-0800) designated
for reimbursement for its installation.
3. If the Bixler Road tragic signal is not warranted prior to
issuance of the 200th Btlildin,- Permit, the need for.the traffic
si-nal at the State I-I1uhx\ay 4-Bixler Road intersection shall
be analyzed by the PUbllc Works Department prior to filing
each Final Map, up until the 1800th lot when the applicant
shall contribute a cash deposit, equal to 50% of the signal
construction costs as determined by Public Works, to a
County Road Improvement Trust (Fund No. 819200-0800).
4. Tile applicant shall bond Cor the State Highway 4-Discovery
Bay BOUICVard traflic Signal prior to filing of the first Final
Map. The traffic signal shall be installed and operational one
year following the issuance of the first building permit,
exclusive of model homes. If' the traflic sinal is not
operational within the one vear period. no further building
permits will be issued.
.5) Point of'Tinlber Road, On-Site (Bixler Read to the east):
a. Bixler- Road to ".D" Street:
I. Applicant shall reconstruct Point of Timber Road to at least
a 60 loot curb to curh pay enlent Vwidth \\ithin an 80-foot right
of sway from Bixler Road to "D" Street with Villme 1.
2. Construct curb, 54001 6-inch sidewalks (width measured
frons curb face), necessary 10111-1ltUdlllal and transverse
draina-e, street lighting, landscapung and II -l�at1011.
3. The right of way line shall be located at least 104eet behind
the curb face.
4. Provide necessary I01121ILidlllal and transverse drainage.
V
28
5. The applicant shall submit improvement plans and pay
inspection and plan review fees prior to filing of the Final
Map for this portion of Point of Timber with the improvement
plans for the subdivision creating the 250th lot.
b. "D" Street to the Easterly Boundary of Village I:
1. Applicant shall install (on the south side) curb, 5-foot 6-inch
sidewalk (width measured from curb face), necessary
longitudinal and transverse drainage, street lighting
landscaping, and irrigation and grade the ultimate roadway
with construction of Village 1 improvements abutting this
seoment. The location of the frontage improvements shall
provide for ultimate widening of the roadway to a 40-foot
pavement width- widening to at least a 5G-foot width at the
"D" Street intersections_ and necessary conforms.
2 Construct curb, 5400t 6-inch sidewalks (width measured
fi-0111 curb face), 11ecess1--11- LonUitudinal and transverse
drainage, street lighting, landscapin, and irrigation along the
north side of the roadwa\. with construction of Villa.,e II
improvements.
3. C.OnStIUCt road with Villa e 11 improvements.
4. The right of way line shhall he located art least 10-feet behind
the curb faCe (30' front centerline).
5. Provide necessary lonL'itudinal and trans\erse drainage.
C. From the Easterly Boundary of Villa<,e I to the Easterly Boundary of
Village Il.:
1. .. The applicant shall widen Point of Timber (toad: to at least
a 28-foot pavement width, and provide necessary conforms at
the easterly boundary of Village; I and the easterly boundar},
of Village ll as part of the Improvements in Village ll. The
curb faire shall be. located 20-feet north of the existing road
centerline. (east of,Villaue I. the southerly wideninu, bevond
28-feet total width, shall be the responsihility ofothers)
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29
2. Construct (on the north side) curb, 5-foot 6-inch sidewalks
(width measured from curb face), necessary longitudinal and
transverse drainage, street lighting, landscaping and irrigation
with construction of the abutting portion of Village II.
3. The right of way line shall be located at least 10-feet behind
the curb face (30' from centerline).
4. Provide necessary longitudinal and transverse drainage.
6) Point of Timber Road, Off-Site (west of Bixter Road):
a. Point of Timber .Road from Bixler Road to Byron Highway:
1. Submit improvement plans, pay inspection and plan review
fees prior to 200th Building Permit.
2. Prior to issuance Of the 300th Building Permit, widen and
reconstruct, if necessary, Point of Timber Road to a 28-foot
pavement width (tv,o 14-foot lanes with 2-foot compacted
shoulder backing and maintain ditch capacities. This work is
intended to divert project traffic away from Balfour .Road
(EIR Mitigation Measure RiM.Cir--21) (1-1-i\tDCNG FOR
IM13ACT #50. N/L\4.B.c.)
�. The applicant with the cooperation and assistance of Public
works shall provide additional right of sway, if necessary, for
the roadway and the ditch system. subject to the review and
approval of Public \\Yorks.
b. Point o1-Tiniber Road/Byron Highway/State I-Iighway 4 Intersection
Modifications:
1. Submit improvement plans, pay inspection and plan review
fees and apply for a Caltrans encroachment permit prior to
issuance of the 400th Building Permit.
2. Prior to the tiling of the first final map for Village IiI, the
applicant shall the Point of Timber Road - Byron
1-11ghway Intersection and the Byron 1-Iighway - State
I-lighway 4 intersection and install a traffic signal, subject to
the review of Caltrans and the review and approval of Public
Works (the Byron High\\ay improvements shall include 5-
foot shouldcr-s and channelization).
30
3. The County at applicant's request shall acquire all additional
right of way, if Necessary for the roadway and the ditch
system at applicant's expense.
4. One hundred percent of these intersection improvements and
right of way acquisitions shall be eligible for reimbursement
from the ECRAOB.
7) Project Improvements.
a. Prior to issuance of the first Building Permit, approval of the first set
of Improvement plans or first Final Map, install signage along:
Balfour Road, Point of Timber Road, and Marsh Creek Road
westerly to State Highway 4; and along Bixler Road north of State
Highway 4, to warn project traffic of farm vehicles and provide farm
vehicle crossings (EIR Mitigation Measure RMCir-23) (FINDING
FOR IMPACT H52, MA/1- ).c.)
8) Road Dedications and Reservations (tor PUNIC Roads):
a. Bixler Roa( : Applicant shall convey to the County, by Offer of
Dedication; the right of way necessary for at least the cast half of the
planned 84-trot right of way \vldtll along the fi-ontage of Blxler Road.
The eastern side of the right of\\av shall be increased at the project
access points along Bixler Road to provide for channelization for
turning movements to and from this development. The riy�ht of way
line shall be located at least 10-feet frons the curb titre.
Off-site, the applicant shall provide fO- adequate rights of' \way or
easements for the proposed road In11)rOVC111eI1tS 111Clrrdlr -I the ditch
systems; however, the County \vill conduct the acquisition of at:
applicant's costs if applicant requests.
b. Point of "Kimber Road: Applicant shall convey to the County, by
Offer of Dedication, an 80-foot right of way between Bixler Road
and "D" Street. Fast of 'W Street, the applicant shall convey to the
County, by Offer of' Dedication. a 60-foot right of., way, plus
additional right of \way for left turn ChallIICIIZatioll and conforms
along the project frontage. where this development fronts Oil both
sides of the road. Where this development only fronts oil one side Of
Point of Timber Road, the applicant shall dedicate at least it 3046ot
ri`,ht of \way (nleasurcCI from the centerline of the e\istin(_,. ri—ht of
way) (EIR Mitigation Measure R\ICir-32). The Il
,ht of' way line.
shall be located at. least 104C.C1 fi-0111 the curb 1i1Ce.
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31
Off-site, the applicant shall provide for adequate right of way or
easement for the proposed road improvements including the ditch
systerns, however, the County will conduct the acquisitions at
applicant's costs if applicant requests.
C. Pantages access along west side of the lake: Applicant shall provide
a 56' maximum revocable reservation for a public roadway for a
possible future road along the western edge of the lake on the
Pantages property (FINDING FOR IMPACT 961, MM.M.c.), if the
owner/developer of the Pantages property can demonstrate that this
road cannot feasibly be located on the Pantages property Outside
wetland and riparian areas within two years of applicant's filing first
Final Mal) for Village 11. Just prior to the filing the first Final Map
for Village II, the applicant shall mail to the owner of the Pantages
property, by return receipt certified mail, a notice that they have two
years to determine how much, if any, of the reservation is needed for
their access The notice shall be reviewed by Public Works prior to
being mailed out and a copy of the mailed notice and return receipt
shall be submitted to Public Works prior to filing the final map. 1'he
revocable reservation shall be for the purpose of allowing a fixture
extension to the north to serve the northerly portion of the Pantages
property, if this area can be proven to be feasibly developed, and all
other portions of the roadway are located on the Pantages property.
d. The applicant shall provide right of way for future bus turnouts on the
Bixler Road and Point of Timber Road frontage of this property at
appropriate locations in consultation with the responsible transit
authority. Adequate right of way shall be provided for the bus
turnouts, and the future bus shelters, bicycle racks and/or bicycle.
lockers.
9) Abutter's Rights of Access (Public Roads).
a. Relinquish abutter's rights of access along Bixler Road and Point of
Timber Road, including curb returns. Access shall be permitted at
the access points speciiically approved with this project. Access
points shown on the Preliminary [development Plan and the following
additional points shall be permitted:
Another Bixler Road access point either north or south of the
L.CCID Canal at least S00-feet from the other project access
points.
S
32
One or two Point of Timber Road access points each at the
community center and multiple family areas.
* Emergency vehicular access locations, park and right lots,
pedestrian access points, and at the proposed RV storage area.
b. Prohibit all single family residential driveway access onto major
collector or arterial roads that provide project-wide circulation (EIR
Mitigation Measure RM.Cir-29) (FiND1NG FOR IMPACT 958,
MMJ.c.).
10) Sight Distance (Public Roads):
a. In accordance with Caltrans standards provide for adequate corner
sight distance at:
The project entrances to Bixler Road for a design speed of 55
Miles per hour.
Other intersections with Point of Timber Road for a design
speed of 40 miles hour.
1 1) Street bights (Public Road):
a. Street lights shall be installed on the public roads, within this
subdivision and fronting this property, and the entire property
annexed to County Service Area L-100 for maintenance of the street
lighting. The final numher anti location of the lights shall be
determined by Public Works. Application for annexation to CSA L-
100 l.ightin<, [)'strict shall be submitted prior to the f=inal Map.
12) Bicycle/Pedestrian Facilities (Public Roads):
a. Construct a 6-1'oot meandering asphalt concrete sidewalk along the
east side of Bixler Road from Village I site to the sidewalk proposed
III Permit 303 1-9 1 (the 1Jjdur property) (FINDING FOR IMPACT
951, MMC.c.). Where the sidewalk is adjacent to a roadside ditch,
it shall be located a minimum of 2-feet from the top of the roadside
ditch
OR.. construct a new 5400t 6-inch concrete sidewalk (width
measured from back of curl.. ifadiacem to Curb) along the west side
of Newport Drive to Kellogg C leek. connecting \Villi the proposed
pathway location in Permit ,0; 1-91 This improvement (either
33
alternative) shall be constructed within six (G) months of the
completion of the first commercial use in Permit 3031-91 or at
request of Public Works.
b. Provide bike lanes with a minimurn width of 5-feet on the following
streets: Bixler Road-, Point of Timber Road from Bixler Road to the
east-, Newport Drive-, "F" Street and "D" Street. Prohibit parking or
provide adigUate additional pavement width.
13) Utilities/Undergrourlding (Public Roads):
a. All utility distribution facilities shall be installed underground,
includim,C. the existing overhead distribution facilities along the
frontage of Point of Timber Road and the easterly frontage of Bixler
Road.
b. Relocate and/or adjust utility distribution facilities, where necessary,
for all other off-site improvemems.
14) Landscaping (Public Facilities):
a. Prior to filing each final map, the applicant shall apply to the Public
Works Department for annexation to the County Landscaping District
AD 1979-3 (LL-2) for the fixture maintenance of public landscaping
and irrigation facilities in median islands, parkways, and other public
proiect areas not within the sated areas of Villages 11, 111 and IN
("open space" is specifically excluded).
b. Prior to filing each final neap, i��o sets of landscape and Irrigation
plans and cost estimates, prepared by a licensed landscape architect,
shall be submitted to the Special District Section of-the Public Works
Department for review and recommendation and forwarded to the
Zoning Administrator for review and approval. Plan submittal shall
include plan reviexv and inspection fees. "Types and size of plant and
irrigation materials within the public right of way shall be designed
using reasonable standards provided by the Grounds Service Manager
of the General Services Department. All landscaping and irrigation
facilities shall be maintained b% the applicant until funds become
available for their maintenance b%7 the County after final inspection
is cleared.
34
C. Permanent landscaping and automatic irrigation facilities shall be
installed within the public road parkway and median areas, and
interim landscaping features shall be installed within the future road
areas, if any. All work shall be done in accordance with the
guidelines and standards of the County. Funding of, and maintenance
of, the new plantings shall be guarantees by the developer until the
plants have been established and until funds area available through
a landscaping district. The plants shall be maintained for 90 days
after installation.
d. The County Landscaping District Administrator shall coordinate the
landscaping program in Discovery Bay West with the Discovery Bay
MAC by annually reviewing the district's program budget and
providing budget information to the MAC on a regular basis.
15) Transit:
a. Certain bus tUr-rlouts, bus shelters, bicycle racks and/or bicycle
lockers shall be constructed by the applicant if' transit service is
established prior to recording of the last .Final Map for this
development. The location of these. facilities shall be determined in
cooperation with the responsihte transit authority. Prelirtlinary
locations along the east side of Bixler Road are: south of Fallman
Boulevard, north of Point of Timber Road, and north of the access at
the boundary of Villages II and Ill. The installation of.-these facilities
shall be assured prior to recording of the next Final Map after transit
service is established to the project. The obligation to install these
facilities shall terminate if public transit to the project is not assured
at the time the last Final Map is recorded. Pads for the bus shelters:
bicycle racks and/or- lockers shall be clear of tile. sidewalk areas.
b. Provide pedestrian connections frons the transit stops to the internal
project sidewalk system. Provide for installation of bus shelters at
each pullout if transit service begins. (EIR Mitigation Measure
RMCir-'4a) (FINDING FOR ln1PA( T 963, Meq .A.c.).
D. PRIVATE IMPIIOVEMENTS:
Applicant shall construct the private roads within this development to County private
road standards in accordance with the typical sections on the Tentative Map, to serve
all parcels in this proposed subdivision, except as noted as iollows:
35
I) Private Road Improvements (Villages Il, I11 & IV):
a. There shall be no 28-foot wide private roadways (EIR Mitigation
Measure RMCir-25 and 26), unless the road serves less than 14
residences, adequate parking has been assured and the street has roll
curb.
b. 32-foot private roadways within 37-foot private road easements with
a 5-foot public utilities easement, and with roll curb, shall serve no
more than 50 units. Additional off-street parking may be required
where lot frontages less than 50 feet result in less than one on-street
and two off-street parking spaces for each residence subject to the
approval of Public Works.
C. 32-11bot private roadways within ,7-foot private road easements .with
a 5400t public utilities easement, which have a standard vertical
curb, shall se►ve no more than 24 units. Additional off-street parkinr
may be required where lot frontages less than 50 feet result in less
than one on-street and two off-street parking spaces for each
residence subject to the approval of Public Works 7'he use of
standard vertical curb may be desirable where the greater storm water
capacity is needed _
d. "I3" Street shall be at least a o-tOoi roadwav \�ithin at least a 41-foot
access easement \with at least a 5400t public utilities easement.
Additional public utilities easements and easement width shall be
provided for required sidewalk areas. This width can be decreased
at brrdoes.
e. "A" Street and "C" Street shall not be less than 36-foot roadways
within 41-foot access easements \�,Ith at least 5400t public utility
easements, and without on-street parkin`,,, subiect to the approval of
Public Forks. The roadway may be reduced to a 34400t roadway
\within a 39400t access easement provided there is a convenient; two
way hicycle path vwhich minimizes the need for a tricycle path on one
Bide of the roadway.
Parking shall be allowed on "A" Street and "C" Street .where the road
is xwidened to allow parkin,.
f Divided portion of Fallman 1.301.11e\and and "1" Street shall be
desi. ned .with at least 18-ioot lanes in each direction. The applicant
stay w-idert Al ora portion ofthese roadways to a 3046ot roadways
in each direction to provide for two lane; in each direction.
36
Cy. The corner setback requirement for the "U" shaped roads, except for
"JJ" Street, shall be designed with the area where no obstructions are
allowed (see exhibit) based on the extrapolated distance of 10 feet
from curb face instead of the right of way line. Tile "JJ" Street "U"
shaped roadway shall be designed with at least 30-foot minimum
curb return radii. The other "U" shaped streets shall be designed with
at least 25-foot nlininutnl curb return radii.
Il. The applicant shall eliminate the "S" Street - "A" Street intersection.
because of its close proximity to "H" Street aild it's location on the
inside of the "A" Street curve. The applicant mav relocate the access
to these lots opposite "R" Street, or another- intersection subject to the
approval of' Public Works. The cul-de-sac must be limited to a
I11ax1111U111 length of 700 feet. (_rhe attached study by the applicant
SatlSfleS this 1'eglllrement.)
I. The applicant shall eliminate the northerly "T" Street - "A" Street
intersection because of its clow proximity to "IT' Street and it's
location on the side of the "A" Street cul_\/e. The applicant may
relocate the access to those lots opposite "AA" Street, or another
intersection, or cul-de-sac T"" Street at "A" Street with an emergency
vehicle access thr01.12,11 "T" Street to "A" .Street The cul-de-sac must
be limited to a maxlllllllll lellgtll of 700-feet unless emergency access
is provided at the east end of"T" Street (The attached study by the
applicant satisfies this reguiI .1111 t )
j. The applicant shall provide adequate vehicle storage at entry gates
and design provisions into the site plan to expand ingress capacity, by
installing, a third entry Late nol;}l or south of the FC:CfD Canal
(FINDING F()R IMIIAC l' 15 3. \-1 N%1 E-c.).
`fhe present design of"("' Street access to Bixler Road shown in the
vicinity of' -Lot K is unacceptable. This intersection must be
redesigned to provide adequate stacking length and enable vehicles
mistakenly entering this access til Illrllarol.11ld. The I'edeSlg.Il shall be.
subject to the approval of Public Works. OR, .AS .AN ALTERNATE,
,
The applicant shall relocate this Bi.xler Road access to the north side
of-tile I�.CCID canal off of"A" Street near Lot "S". The dew-m shall
be subject to the review of Public \1 orks and the review and apps sal
of the Zoning Administrator.
37
However, a temporary secondary access may be.allowed at "C" Street
based on redesign, subject to the review and approval of Public
Works.
k. Provide traffic control sign age at the easterly ":%" Street - "G" Street
intersection (LIR Mitigation Measure RMC1r-27) (FINDING FOR
IMPACT #56, MM H.c.).
I. Prohibit all single family residential driveway access onto collector
or arterial roads that provide project-wide circulation, subject to the
approval of Public Works (Mitigation Measure RMCir-29)
(FINDING FOR IMPACT #58, INENIJ.c.). Single family residential
driveway access will be permitted along the south side of"F" Street,
provided that the north side of'slunied for "No Parking".
Ill. Provide additional detail on the Fallman Boulevard entry feature,
subject to Public works review and approval.
n. Vertical rise gara<ge doors with automatic garayge door openers shall
be installed where Curates are 20-feet or less tram the road easement.
o. The applicant shall COnStruCt the B" Strect bridge to accommodate
potential trail uses within the ECCID Canal.
2) Sight Distance (Private. Streets).
a. In accordance with Caltrans stand;ids provide for adequate stoppinL=
sight distance at:
Village 11 "C"' Street at "I" Street and at "KKK" Street.
Village III: "A" Street at "Q()" Street. at the relocated "T"
Street, at "1313 Street, and at "FF" Street; "1313"
Street at "DD" Street: and "U" Street at "T"
Strect.
Villaoe. IV ".A" Street at the relocated "S" Street, at "O"
Street. at "NI" Street. at "J" Street, and at
"NN" Str�c[
h. In accordance with Caltrans standards provide for adequate stopping
sight distance alomV, "A" Street and "C" Street for a design speed of
45 miles per hour\vhere feasible. and not less than a 35 mile per hour
design speed, subject to the revie\\ and approval of Public Works.
38
The CC &Rs shall include specific provisions to maintain the area
outside of the road easement, needed to provide this design speed, so
that sight distance will not be obstructed.
3) Pedestrian/Bicycle Irnprovernents:
a. The design of community facilities, such as "park and ride" lots,
Clubhouses or community parks, shall provide for and encourage the
use of bicycles. At a minimum this shall include bicycle racks and/or
bicycle lockers at the primary gathering points in the project. The
number of bicycle racks and/or lockers shall be subject to the review
and approval of the Zoning Administrator.
b. Provide bike paths or lanes with a mininnnll width of 5-feet on "A"
Street, "B" Street, "C" Street, "G" Street, Fallrlan Boulevard, and "I"
Street throUghOUt the pt-O'W- Prohibit parking on these streets to
ensure adequate bike lane xwidths. or provide adequate additional
width for on-street parking.
C. Construct a 10-foot pedestrian/bicycle path within sidewalk
easements adjacent to "B" Street from "C" Street to "A" Street, and
alon`, "i" Street to provide for adequate bicycle and pedestrian
access. Where a 10-foot pedestrian/bicycle path is provided adjacent
to "A" Street or "C" Street which are proposed to have a bicycle path
or lane. the roadway width nlay be reduced from a 36-foot road width
to a 34-foot road width.
d. The applicant shall construct 6-foot 6-inch sidewalks on: Fallnlan
Boulevard fi-om Bider Road to the easterly portion of"A" Street; and
"G" Street from the easterly portion of"A" Street to the marina.
e. Two way bike/pedestrian paths shall have at least a 10-foot paved
width with two foot clear zones on each side (FINDING FOR
IMPACT h65, )\'iM a.c.).
f. All sidewalk shall be at least 5-1ee.t 6-inch wide (width measured
fi-onl curb face). Match County standard widths in effect at the time
of filin;, the Final Map.
4) Storm Water (Private Drainage Facilities).
a. Al! storm waters entering or originating within the subject property
(including the outside slopes of the levee) shall be conveyed, within
an adequate storm drainage facility, to an adegUate man-made
39
drainage system or to a natural watercourse. The pump station
location and design shall be subject to the review of the Public Works
Department, and the proposed maintenance entity, such as a
homeowners association, subject to the review and approval of the
Zoning Administrator.
b. Storm water from the lake system in Villages II, III. and IV shall be
collected and conveyed in a private storm drainage system. Where
pumping is required at high tide to discharge storm water from the
leveed area to Dredger Cut or from the outside of the levee to
Dredger Cut, the pump system shall have an emergency pumping
system subject to the review and approval of the Zoning
Administrator, OR, the storm drainage system shall be designed as a
passive weir system for gravity flow draina<oe which will not result
in flooding of homes base don the 100-year storm. If a pump system
IS utilized to discharge storm water into Dredger Cut, it shall be
designed to operate considering_ anticipated sedimentation of the lake
system and an emergency pumping system.
5) Agriculture Access (From Private Roads):
a. Provide at least a 12-foot private road in a 20' minimum access
casement to Lot GG and Lot I-I1-1 from the southerly portion of.,
Village Ill and the northerly portion of Village IN/ (EIR Mitigation
N,leasure RMCir-32). The access shall be improved as a 12-foot
<,raveled roadway(FINDING FOR IMPACT "61, MMM M c.). The
applicant shall grant rights to the property owner to the east to allow
access to 13ialer road for at least a 124001 minimum width access
road through the project site, subject to the approval of Public .works.
The access shall be along feasible alignments, outside of wetland
areas (e.g., along subdivision streets).
6) Lake Management (Private Facility)
a. Submit a Lake Management Program prepared by a professional in
the field which clearly specifies the following: the desiv(n parameters
for the lake system; anticipated problems and proposed methods of
maintenance. The anticipated problems shall include, but not be
limited to, control of undesirable algae and plants, control of high
nutrient levels; maintenance of adequate oxygen levels; need for
periodic dredging; and potential need for cleaning up roadway
contaminants and household contaminants .which may drain Into the
r� .0
40
lake prior to discharging the storm water into Dredger Cut. Provide
a maintenance entity, such as a homeowners association, which
includes provisions to assure perpetual maintenance (EIR Mitigation
4.1-7).
b. The lakes shall incorporate a water circulation system capable of
purllping the quantity of flow necessary to sustain water quality and
accommodate the 100-year storm based on the proposed lake
configuration (FINDING FOR IMPACT 91, NfM c.).
C. Downstream drainage facilities shall be designed to collect and
convey the stormwater flow base don the design storm. If the lakes
are to function as detention basins with this development, they must
be sized in accordance with Title 9 of the Ordinance Code (FINDING
FOR IMPACT 984, Mmc.). The lake/detention basin will be
maintained by a homeowners association and will not be publicly
maintained.
d. Provide screens on the lake Circulation System and provide catch
baSII1S 101' r-1-111-Off Into tilt Illal'llla to screen floating trash from
entering the lakes and the Delta, and implement passive "best
nlanaLrenlent practices" such as the labeling of storm drains to reduce
dumping. (EIR Mitigation NIUSI.Ire 4.1- 10) (FINDING FOR
IMPACT ;:is, MM5.c.).
e. Prior to recordin`, Final Maps for each of the Villages 11, III and IV,
the applicant shall complete a bank ScourinL= and erosion Study of
impacted segments of' Dredger Cut and Kellog Creek. analyzing
project inlpactS 1'eSLdtlrlg frons marine trallic and lake Circulation.
The study will be subject to the review and approval of Public works.
The applicant shall implement mitigation measures before approving
the second Final Map for each of the. Villages 11, 111 and IV if any
significant impacts are identified.
f. The :applicant Shall SUbmit the filial gmLinci water- I110111torlllg. plan for
review by a Reclamation District, if'one exists. and the review and
approval of the Zoning AdmilllSU'atOl' IIIl01' t0 beginnin`, anv
COnStruCtion that require dCW ater in, to commence.
7) Marina (Private Facility):
Provide Cath basins f01- rLlll-011 tO the Illilrllla to SUCCII OLIt lloating trash (EIR
Mitigation NIUSure 4. 1-10).
41
8) Emergency Access (Private Roads):
Provide emergency access points at or near the following points in
coordination with the fire district, subject to the review and approval of
Public Works. The emergency access points shall be gated and locked unless
they are combined with a regular project access. The emergency access
roads shall be at least 20-feet wide, capable of supporting loads of at least 20
tons in all weather conditions, and, if gated and locked, the fire district shall
be provided a master key (EIR Mitigation Measure RMCir-33).
a. From Bixler Road to "C" Street near the northwest corner of Village
II (EIR Mitigation Measure RMCir-33) (FINDING FOR IMPACT
#62, MM O.c), and also near the sotttll\a'est corner of Village II.
b. From I3ixler Road to "A" Street at.
'Fhe southwest corner of \;"illage Ill (EIR Mitigation Measure
RMCir 3) (FINDING FOR IM:I'ACT 962, MM O.c.).
The northwest corner oi'\:illagc f\, (EIR Miti(Jation Measure
RMCir-33) (FINDING FOR I\1F' \C'"I' 962, M:1\,1 O.c.).
9) Maintenance (Private Facilities):
a. Applicant shall establish co\enants, conditions and restrictions for
the development that cla;iiies the managenicrlt of all lake
improvements, private road. prig ate storm draina,ae, levees; certain
lighting, landscaping and marina facilities within the private portion
of the development will he maintained, through a maintenance
agreement, by the honleow hers within the development via the
homeowners association. or 'another Cntity, subject to the review of
the 7_oning AdmI Istl ato►.
b. Prior to filing the first final mal). the applicant shall provide a list of
facilities proposed to be maintained by eltllCI' it public or private
entity. this list shall he strbjec: 10 the. reg IC\w Of PubIIC Works.
E. GENERAL REQUIREi\1.ENTS:
1') Roads:
a. Submit a prelinlinary sketch flan and protile and alignment analysis
to Public Works for the following roads, showing the horizontal
alignment and analyzing the roadway structural sections to determine
42
the feasibility of salvaging the existing pavement. Tile analysis of the
roadway structural section shall include appropriate cores, deflection
tests, R-Value tests, and estimates of anticipated traffic with
construction and ultimate development under the county General
Plan:
* Bixler Road from the project to State 1-11ghway 4.
Point of Timber Road frons the project to State Highway 4.
The sketch plan shall extend a minimum of. 150-feet beyond the
limits of the proposed work. If the grade at the project's frontage is
unacceptable, the applicant shall level, or remove and replace the
pavement, as necessary. The sketch plan shall also show that
adequate sight distance will be provided. An exception to allow a
0.75% I111111111L1111 grade may be allowed subject to the review and
approval of Public Works.
b. Applicant shall provide deed notification to those parcels that abut
roads that are to be extended in the future. The applicant shall install
signage at the end of the roads to Hil'orm prospective property owners
that the roads may be. extended Ill the fLOLIrC.
C. SLlbllllt improvement plans and pay inspection tees and plan review
fees prior to filing of the appropriate Final Map.
2) Drainage:
a. Storm drainage tacilitie:s required by the Ordinance Code shall be
designed and COl1Stl"uCted Ill C011111IIa1lCe \Vlth CiCSIL11 Standards of the
Public Works Department. _.
b. The applicant shall install within a dedicated drainage easement any
portion of the drainage system which conveys run-off frons public
streets to a natural \watercourse ol- an adequate elan-made drainage
facility.
C. All storm Neater arriving at the outside of the le\ee system around
Villages 11, III and 1V and the storlllwater arrivin, at, and rnriginating
on Villm,e. I shall be collected, conveyed and directed in a storm
( -ainage system dedicated to the county' The. drainage; f61't'es shall
be designed to Convey stornl\water li-onl the. west 111 accordance 1wllh
the Ordinance Code (BINDING FOR 111.11ACT X54, IMM c). The
applicant shall provide additional drainage facilities (per figure 4. 1-4
43
of the EIR) to direct all existim, drainage and irrigation west of Bixler
Road through and/or around the project to compensate for the
obstruction of flow to surface drainage created by the project and
ensure that the area west of Bixler Road is not adversely impacted
(FENDING FOR IMPACT #I, MMI.C.2).
Prior to submitting the first Final Map, the applicant shall submit the
proposed drainage plan to convey off-site drainage and irrigation
west of Bixler Road tJlrolrgTll or around the project site along with
supporting hydrology data subject to the approval of Public Works
(EIR Mitigation Measure 4. 1-7) (FINDING FOR IMPACT #1).
d. Conveying storm waters in an adequate storm drain to an irrigation
district facility is acceptable provided: the developer obtains a letter
frolll the Irrlgatlon district accepting the storm waters, the irrigation
district owns fee title to the drainage facility from the point of
discharge to the natural watercourse; and the drainage facility is
shown to be adequate to handle the desi<,n storm, plus the district
irrigation flows The analysis shall consider the presence of low
spots in the irrigation district canal which may a(lect the system's
capacity. The applicant shall provide substantiation that reasonable
backup Il1CaSLII-eS Such as a dicSCI or gas fueled back up punlpim)
system, are in place in case of pump iailw-e and/or power failure.
The backup pumps are only required if punlpinLI is necessary to drain
the canal flows.
The applicant shall submit Nwritten cuntirnlation that the irrigation
district will accept the additional stoi mwater flows frolll this property
batted Oil LIItII11atC development of the watershed.
e. Storni drainage originating on the property and conveyed in a
concentrated planner shall be presented from draining across the
sidewalks and driveways.
1'. Utilize NPDES passive best management practices such as labelinu
the storm drains for no dunII)II1. (EIR M.itivation Measure 4. 1-10)
�) Project Levees (Private f=acilities):
a. The applicant shall provide a plan for maintenance of-the levees and
identlfy cl maintenance entity, such as it 11ollicowilerS association,
acceptable to the PLINIC Works Depailment, which includes
provisions fol- perpetual maintenance prior to filing a Final Map in
Villages II, III Ur I\' (FIR Mitigation Nleasrme 4. 17).
44
b. Levees shall be elevated to at least elevation 1 1.9 feet mean sea level
with provision for the ability to elevate the levees to at least 12.9 feet
mean sea level around Villages 11, II and IV and in accordance with
FEMA regulations (assuming anticipated subsidence and sea level
rise).
C. The proposed levee system around Villages I1, III and IV shall be
constructed to FEMA, U.S. Army Corps of Engineers, Zoning
Administrator and County standards. The levee systern shall be
maintained by the homeowner association.
d. Landscaping of the levees shall be Subject to the review.of FEMA
and the entity which will accept the levees for maintenance, and the
review and approval of the Zoning, Administrator.
C. Provide deed notification and CC & Rs for- elevation restrictions on
applicable lots to prevent degradation or work which may adversely
impact the levee system, and provide for raisin<, levees.
1'. The developer fee shall be aware that the levees protecting a portion
of this development are subject to failure if not properly maintained.
The developer shall e\ecllte a mutually agreeable recordable
document with the County which states that the developer (and the
owner and the future owners of the property) will hold harmless
C011tr'a COSta COLInty and tyle Contra Cost COMM' Flood Control and
\Vater Conservation District in the event of damage to the on-site
improvements as a result of levee failure.
4) I'loodplain Management:
a. Villages 11, 11I and 1V shall be protected by a levee constructed to at
least elevation 1 1.9 It. Mean sea level with the ability to elevate to
12.9 feet mean sea level and elevated further in accordance with the
County Floodplain Management Ordinance. Homeowners shall be
advised through a deed notification of the potential sea level rise.
(FINDING FOR IMPACT ir#4, N4_N-14.C. 1 .)
5) Creek Structure Setback:
a. Applicant shall create "structure setback lines' Over that portion of.,
the site that is within the structure setback area of-the watercourses
traversing the northerly property line, Dredger Cut along the easterly
property line, and any cxistin—lnatural Xwatcrcourses thrOugh this
development. The structure setback area shall be determined by
45
using the criteria outlined in Chapter 914.4, "Rights of Way and
Setbacks", of the Subdivision Ordinance. "Development rights" shall
be conveyed to the County by grant deed.
b. If sections of roadways fall within the structure setback area as
defined by the Ordinance Code, then the applicant shall submit a soils
and geotechnical report verifying the stability of the creek bank in the
vicinity of the public or private access roads.
6) Sanitation District 19 Requirements:
a. Applicant shall complete and have fully operation the replacement for
well 94 prior to issuance of the first Building Permit.
b. Annex the project into Sanitation District No. 19 and execute a
master service agreement calling for the applicant to provide or pay
for its fair share of the expansion of facilities necessary for the
additional wastewater and water facilities. (FI\rDMG FOR IMPACT
4S 3, MM.c.) Applicant shall comply with the requirements of
Sanitation District No. 19 Ordinance acceptable to the Public Works
Department, \VIIICII InCllldes provision fol- I)el-1)etllal maintenance,
prior to filing. a Final Map in Villages 11, It or I\% (FIR Mitigation
Measure 4. 1-7).
C. Sewa,e treatment and disposal for the project shall be provided by
Contra Costa County Sanitation District No. J9. All sanitary sewer
facilities set--ing the project shill be connected to the District's
collection system. The applicant will be required to obtain a
Sanitation District permit to discharge sewage into the sewage
system. 'The applicant shall be required to pay for the fair share of
any stLICIICs required to accommodate this project.
d. Domestic water supply shall be provided b\' Contra Costa County
Sanitation District No. 19. All domestic. \\ater facilities serving the
property shall he connected to the District's distribution system. The
applicant will be required to obtain a Contra Costa County Sanitation
District 19 permit to connect to their existing well water system and
comply \with any District requirements relative to its fair share
obligation to provide increased water suppl\'.
46
e. The applicant shall participate in Contra Costa County's Sanitation
District #19 adoption and implementation of a water supply
monitoring and management program. (FINDING FOR
CUMULATIVE IMPACTS ON WATER SUPPLY AND QUALITY,
MM.c.)
f. Tile applicant shall submit the filial groundwater monitoring plan for
review by a reclamation District, if one exists, and the review and
approval of the Zoning Administrator prior to beginning any
construction that require dewatering to commence.
g. Applicant shall complete and have fully operational the replacement
for Well "4 prior to issuance 01'01C first building permit.
7) RCiI11bUr-SCI11CIlt.
a. Certain required road improvements may be eligible for credit or
reimbur-senlerlt against Area of Benefit fees. The developer shall
contract the Public Works Department, Transportation Engineering
Division, to verify the extent of any credit or I-Cinlbursenlent for
which the applicant might be eligible. Prior to constructing` any
public. improvements, of filing, of any Final Map, the applicant shall
execute a credit/reimbursement aureenlent with the County. No
credit or reinlbursenlent will be available for any improvements
installed prior- to execution of the credit/reimbursement agreement.
Credit will only bee given for monies that are .pros-rammed with the
next three fiscal years. Any credit or rcilllbUl-SCIl1CIlt shall be based
on the cost estimates included in the Area of Benefit Development
Program Report only in proportion to each specific. Area of Benefit
imp -ovenlent which the applicant is installing.
b. The applicant is also ell<,11)[ tor- reimbursement frons adjacent and
nearby lllture. developments as outlined in 1-.7.c below. If the
applicant I-Cquest I-eII1lbUrsement fionl the county from future
development, the applicant shall be required to pay the-County for
administrative costs associated with thesee rellllburselllent a<_I-eelllents.
The applicant shall pay the Public Works Department, Engineering
Services Dlwlslon, at least g 1.000 or as necessary to cover expenses
as they are. incurred, whichever is greater, for administration costs for
each reimbursement agreement.
C- The applicant shall be eligible for the follmwin`, reimbursement
�l��l'l.CI11G111 s.
47
* Should applicant install the State Highway 4/Bixler Road
signalization and channelization improvements. The costs,
above the applicant's 50% obligation towards the traffic
signal, are subject to reimbursement. These finds may be
deposited by property owners at the intersection.
*
Installation of any frontayoe improvements along the frontage
of the Evans's or other properties fronting on public roads.
* Installation of off-site road improvements not covered by an
area of benefit, but covered by the Project Traffic Mitigation
Fee paid by the applicant and collected by the County, may
be credited toward the applicants Project Traffic Mitigation
Fee, subject to the approval of Public Works.
Ci.. The County will also cooperate with thee applicant to "call" certain
Deferred Improvement Agreements (DIAs) which may existing on
surrounding properties to facilitate and expedite the construction of'
facilities whose installation is now itlstitied.
S) Miscellaneous:
a. Prior to issuance of Building. Permits, with the exception of model
homes, file the Final Map.
b. Improvement plans prepared b\ a registered civil engineer shall be
submitted to the Public \Forks Department. Engineering Services
Division, along with review and in>pec 1011 fees, arld security for all
improvements required by the Ordinance Code for the conditions of'
approval of this subdivision. (hese plans shall Include any necessary
traffic signage and stripin<, plans for review by the Transportation
Engineerin�� Division.
C. An encroachment permit for construction with the State right of way
shall be obtained fi-onl Caltrans thr0u<_111 the Public Works
Department, Engineering Services DWIsio11.V
d. Obtain an encroachment permit tions the .-application and Permit
Center for construction of drivex\a\�s, or ether improvements Nvithin
the right of way of public roads ��hich are to be improved with 11111101'
improvements not requiring an iniprovenlent plan.
48
e. Applicant shall comply with the County TDM Ordinance and the
Growth Management Program regulations regarding transpiration.
TDM measure that could be used by the project applicant include the
provisions of maps showing available transit routes, and providing
information to prospective home buyers on ride sharing and vanpool
services.
f. All public and private pedestrian facilities and access ways shall be
designed in accordance with Title 24 (Handicap Access) and the
American with Disabilities Act. This shall include all sidewalks,
paths, trails, driveway depressions, as well as handicap ramps.
Provide a rninirrnum clear- width of 3.5 feet for all sidewalks. If a
pole, utility facility, street sign or any other obstruction is located in
a walkway, such that there is not a 3.5 foot clear with, then the
walkway shall be widened as necessary. A note reflecting this
condition shall appear on the typical section on the improvement
plan.
Applicant shall fiu-nish proof of the acgUISM011 of all necessary rights
ofway, rights of entiw, permit and/or easements for the construction
of all temporary or permanent, road, draina7e and marina
improvements.
h. Prior to filing of the first Final Nlap, the applicant shall pay the
County for all Public Works and Community Development staff time
for work reviewing and commenting, on this project through the
planning and approval process which has not been covered by the
application fees previously paid b%; the developer for this purpose.
.ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS SOI-
APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY
NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING 'ITIE APPLICANT OF
ADDITIONAL_ ORDINANCE RC()i_JIREMCNTS THAT MUST BF: ,'DIET IN ORDER "1.0
PROCEED WITH DEVELOPMENT.
A. The project lies within the 100 year flood boundary as designated on the Federal Emergency
Flood Rate Maps. The applicant shall be aware of the. requirements of the Federal Flood
Insurance PrOgranl and the County Flood Plain Management Ordinance (Ordinance No. 90-
I 1 S) as they pertain to future construction of any structures on this property.
49
B. The applicant shall be required to comply with all rules, regulations, and procedures of the
National Pollutant Discharge Elimination Svstems (NPDES) for municipal, construction and
industrial activities as promulgated by the California State Water Resources Control Board,
or any of its Regional Water Quality Control Boards (San Francisco Bay - Region II or
Central Valley - Region V).
C. Applicant shall comply with the requirements of Sanitation District No. 19 and Delta-Diablo
Sanitary District specifications and requirements.
D. This project may be subject to the requirements of the Department of Fish and Game. 1.t is
the applicant's responsibility to notify_ the Department of Fish and Game, P.O. Box 47,
Yountville, California 94599, of any proposed construction within this development that
may affect any fish and wildlife resources, per the Fish and Game Code.
E. 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 permit is required, and if it can be obtained.
F. The applicant is advised that the tax for the police services district is currently set by the
Board of Supervisors at $200 per parcel annually ( with appropriate future Consumer Price
Index (CPI) adjustments). The annual fee is subject to modification by the Board of
Supervisors in the future. The current fee for holding the election is $800 and is also subject
to modification in the futUre. The applicable tax and fee amounts will be those established
by the Board at the time of voting. The applicant i` advised that the election process takes
from 3 to 4 months and must be completed prior to recordim, the I:inal or Parcel Map. An
additional tax may be required for marine patrol.
G. Comply with the requirements of the. Building Inspection Department. Bulldmg permits are
required prior to the construction of most Structures.
1-1. Comply with the ordinance requirements of the Health Services Department, Environmental
Health Division and Hazardous \Materials Division.
1. Comply with the ordinance requirements of the East Diablo Fire Protection District.
AB/aa
DPII.:3025-91C.A.B
3/29/95
4/25/95
5/31/95
7/31/95
5-1-96.df
5/29/96
8/5/96 - EC (a)
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