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MINUTES - 05182004 - D1 (2)
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I...I..,....I.............................................................................................................................................................................................................................................................................................................. ....................................................................................-............................................I..................................................................................................................................I...............I............I...................I... .... ? .111.1 .. .. .. 1. ` :: �l..!*:carat� roil And Tie AW HWS P�����v� �11���� � t �i���P-I .:: '�.O��€' I �r��ai m tb 'l d:�� ����s�r the d e �ug nr h ; �Q p..i .' TO: BOARD OF SUPERVISORS � n Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVEL=OPMENT DIRECTOR County DATE: March 23, 2004 SUBJECT: Hearing on an Appeal Filed by the Briones Hills Preserve Alliance of a County Planning Commission decision to Conditionally Grant a Land Use Permit for a Cemetery (County File #LP022068; Gan Shalom — Applicant +&Owner) in the Martinez/Briones Valley area. (Sup. Dist. 1) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Adapt a motion to: A. ADOPT the Mitigated Negative Declaration determination proposed by staff and adopted by the County Planning Commission as adequate for purposes of compliance With the California Environmental Quality Act. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF C05NTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ABSENT } CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Bob Drake [(925)335-1214] ATTESTED cc:Community Development Dept. (prig.) JOHN SWEETEN, CLERK OF THE BOARD OF Gan Shalom SUPERVISORS AND COUNTY ADMINISTRATOR Briones Hills Preserve Alliance Archer Norris, Edward Shaffer Public Works Dept., Eng.Serv. Div. BY ,DEPUTY Health Services Dept., Env. Health Div. County Counsel March 23,2004 Beard of Supervisors Hearing on Appeal of Land Use Permit for a Cemetery, File#LP022068 Page 2 B. FIND that the Mitigated Negative Declaration determination reflects the County's independent judgment and analysis; that on the basis of the whole record before it, the Board of Supervisors has determined that there is no substantial evidence that the project will have a significant effect on the environment, and that the material which constitutes the record of the proceedings may be found at the Contra Costa County Community Development Department, 651 Pine Street, Martinez, CA; C. ADOPT the Mitigation Monitoring Program, D. DENY the appeal of Briones Hills Preserve Alliance; E. SUSTAIN the decision of the County Planning Commission that grants a Land Use Permit for the proposed cemetery subject to conditions; F. GRANT the requested variances to allow the proposed perimeter fences to be taller than the maximum six feet in height normally allowed within required front and side yards(proposed 7-foot tallwall, 7 Y2-foot tall at the pillar caps), and direct staff to add this variance authorization as a modification to the conditions of approval. G. ADOPT the findings of the County Planning Commission as the basis for the approval of the land use permit; and the findings contained in Exhibit I for the requested variances for the proposed perimeter fencing, as the basis for the Board's approval of this project; and H. DIRECT staff to file a Notice of Determination with the County Clerk. FISCAL IMPACT: None. The applicant is responsible for all staff time and material costs in the processing of this application and appeal. RESCHEDULED HEARING ON APPEAL. This item was initially scheduled for hearing on March 16, 2004 but was rescheduled to this date. BACKGROUND A group representing owners and residents of nearby property,the Briones Hills Preserve Alliance, has appealed a January 13, 2004 decision of the County Planning Commission to grant a land use permit for a cemetery on an 83-acre parcel located in the Martinez/Briones March 23, 2004 Board of Supervisors Hearing on Appeal of Land Use Permit for a Cemetery, Fila##LP022068 Page 3 Valley area. Summary of General Plan and Zoning Considerations - The application for the land use permit was filed by the organization, Gan Shalom,on July 25, 2002. It involves a request to establish a Jewish cemetery on a site zoned "General Agricultural" (A-2). The site is located within the area of the 1988 Brones Hills Agricultural Preservation Agreement that is cited in the General Plan Land Use Element. The General Plan Land Use dement designates the site Agricultural Lands. The site lies adjacent to a road that the General Plan Transportation and Circulation Element designates as a scenic route, Bear Creek Road; and the majority of the site lies within the "scenic corridor" of this road. The A-2zoning district is one of the zoning districts that are consistent with the Agricultural Lands designation. The Cemetery Ordinance(Chapter 88-2)prohibits the establishment of cemeteries in certain land use districts, but allows them to be established in ether districts after the granting of a land use permit, including the making of special findings. The A-2 district is not one of the districts that the Cemetery Ordinance prohibits the establishment of a cemetery. Consequently,the Ordinance allows a cemetery to be established in an A-2 district after the granting of a land use permit. (ref. Ord. Code § 88-2.206) Site and Proiect Description--The site consists of 83 acres. Approximately 80.4 acres of the site consists of valley bottomland with a gentle upland slope. The remainder of the site (approximately 52.6 acres) is either tree-covered hills or lands along the Pinole Creek channel. Only the gently sloping 30.4 acres is proposed for cemetery use which will be developed in phases over time. The remainder of the site will be retained as private open space. The project includes a chapel/office and related parking facilities. The chapel would have 90 fixed seats, and an accessory business office. Environmental review Prior to scheduling this project for hearing, staff undertook a study to determine whether the project might result in potentially significant environmental impacts for purposes of compliance with the California Environmental Quality Act (CEQA). Special'studies were commissioned with qualified professionals to investigate potential impacts associated with biological, cultural, and groundwater resources. These studies concluded that possible significant environmental impacts could be avoided if the project observed certain mitigation measures. The applicant provided staff with a letter agreeing to comply with those mitigation measures. The applicant's traffic consultant submitted a study of road and traffic conditions that was reviewed by staff. Consequently, staff proposed the adoption of a Mitigated'Negative Declaration determination for purposes of compliance with CEQA, and issued a Notice of Intent to Adopt a Mitigated Negative Determination, as required by law, on November 6, 2003. March 23,2004 Board of Supervisors Hearing on Appeal of Land Use Permit for a Cemetery, File#LP022068 Page 4 Staff Concerns in the Review of the Proiect The primary environmental concerns related to groundwater resources (water quality, adequacy of the well to meet the irrigation demand of the project, and potential to effect production of off-site wells)and compatibility of the project with regulatory programs (e.g., Briones Hills Agricultural Preservation policy). Groundwater The following discussion is intended to highlight and summarize technical data and engineering analysis that was the basis of staffs evaluation of groundwater issues and concerns. • Water Quality. Both the Regional Water Quality Control Board and the County Health Services Department have reviewed the application. Additionally, the CEQA Notice and Initial Study were transmitted to the State Cemetery Board for review and comment. The project design ensures that the concrete vaults containing coffins will be above the groundwater table (i.e., the water table is at 15 feet t; the vaults are buried 20 inches below the surface, and then covered with the excavated soil). A subdrain is to be installed just below the vaults to control elevation of the water table. • Irrigation Demand. The applicant has estimated the irrigation demand for Phase 1 to be approximately 1,200 gallons per day per acre during the summer. For the 5-acre Phase 1 area, this translates to an estimated 6,000 gallons/day. By comparison, a 50-horse stable and riding arena, along with two dwellings in the site vicinity uses 6,000 gallons/day during the summer(Bearden, Poplar Stables, 1105 Bear Creek Road, personal communication, 2003). Even if the water demand was 1,800 gallons/acre, the irrigation demand of the cemetery is less than 50 percent of the irrigation requirements of some potential agricultural operations of similar size. For example, the site was used for row crops in the 1950s; vineyards are located in the vicinity of the site and there are other potential agricultural uses of the site, including alfalfa and irrigated pasture. • Water Supply. The irrigation well itself is more than 1,200 feet from the property line. The pump test report issued by the applicant's hydregeologist concludes that the water supply is adequate for Phase 1, which is expected to have space to accommodate burials for the next 20-25 years (estimate).. The Initial Study identifies five mitigation measures to ensure that the water usage is fully monitored; and performance criteria are provided to see that Gan Shalom does not create a significant adverse impact on nearby properties (see Initial Study, pages 28-29). These measures are incorporated into the Conditions of Approval March 23, 2004 Board of Supervisors Tearing on Appeal of Land Use Permit for a Cemetery, File#LP022068 Page 5 (CMAs #19-23.) • Peer Review of Pump Test. Based on the recommendations of the Health Services Department, the Community development Department retained Ceoconsultants Inc., licensed hydrogeologists, as its peer reviewer. Their scope of work included: a) review of the plan for the pump test, b) observation of field procedures during the pump test, c) consultation with staff of the Health Services Department, and d) independent evaluation of the data gathered during the pump test. The letter-report issued by Ceoconsul#ants, Inc. indicates there is evidence of sufficient groundwater for irrigation of Phase 1 and ample aquifer recharge area up-gradient of the well. The Briones Hills Preservation Alliance retained S.S. Papadopulos & Associates, who issued a review letter that is presented in an appendix to the December 16th staff report. This letter questions the analysis of the County's peer reviewer, indicating the well yield may be substantially below the anticipated irrigation demand of Phase 1. He also questions some of the parameters used for the well test. Staff views on the pumping test and review letter of S.S. Papadopulos & Associates are presented below: e) The applicant employed a methodology for testing the groundwater supplies that is acceptable to the County. The methods of analysis utilized for the pump test are consistent with the methodology used to analyze other wells in the area. b) The applicant has sought to minimize water demand of the project by avoiding use of groundwater for potable water; proposing use of drought- tolerant landscaping plants; and use of an efficient irrigation system. As a result, the water demand for the cemetery is anticipated to be less than many potential agricultural uses of the site. c) The technical data gathered by the applicant's hydrogeologlst and ,peer reviewed by the County's consultant indicates there is ample water for Phase 1, as well as an adequate aquifer recharge area. Nevertheless, Engeo Inc. prepared a groundwater monitoring and mitigation plan and the plan was refined/modified by Geoconsultants, Inc. These precautions are intended to serve as an early warning system, so that cemetery use does not interfere with wells of other property owners in the vicinity. d) The site is an 83-acre parcel, and the well is 1,400 feet from Bear Creek Road. The nearest developed parcels are across Bear Creek Road from the site. They are 5 to 10+ acres, each; their wells are relatively close to one another, suggesting an inherently greater potential for them to affect one another than for the Can Shalom well to influence their production of March 23,2004 Board of Supervisors Hearing on Appeal of Land Use Permit for a Cemetery, Pile#LP022068 Page 6 groundwater. e) If groundwater supplies on Gan Shalom were not adequate to support Phase 1 of the cemetery, the opportunity exists to collect irrigation water in subdrains and recirculate this water, reducing demand for groundwater produced by the well. If the water recirculated from the subdrains were not sufficient to make up the shortfall, then the water supply,for irrigation of cemetery landscape plantings would be reduced. f) The cemetery is to be developed in five phases. Prior to commencement of each phase, Gan Shalom will be required to demonstrate adequate water (or other procedures)to support expanded cemetery use. County Planninq Commission Hearing This application was considered at two Planning Commission hearings. The initial hearing was held on December 16, 2003, at which time, staff reported that the required ordinance findings for granting a land use permit should be made, and staff recommended approval of the project subject to conditions. The recommended conditions include the mitigation measures that staff had identified for the project. The Planning Commission received testimony from representatives of the project proponent, which among other items discussed the site selection process; need for the facility; and details on the cemetery operations. Testimony was also received from all persons who wished to speak,which included chiefly residents of the Sriones Valley area who spoke in opposition to the project; and several persons requested that an Environmental Impact Report be prepared. In response to the testimony and due to the lateness of the hour, the County Planning Commission continued the Public Hearing for one month,to January 13,2004. During that month, staff contacted the Sheriffs Office of Crime Prevention about any special law enforcement issues posed by the cemetery,and staff received additional written comment letters from the public on this project. At the January 13, 2004 hearing, the Planning Commission received additional public testimony, including testimony from the applicant's traffic engineer(Abrams&Associates) and the applicant's hydrogeologist(Engen Inc.), along with testimony from a hydrogeologist representing the Briones Hilts Preserve Alliance (S.S. Papadopulos & Associates). Testimony was also received from residents of the Sriones Valley area (speaking in opposition to the project)and from representatives of the Jewish community(who spore in support of the project). After receiving testimony from all persons who wished to speak, the Planning Commission closed the public hearing. March 23, 2004 Board of Supervisors Hearing on Appeal of Land Use Permit for a Cemetery, File#LP022068 Page 7 After discussion, the County Planning Commission agreed that the required ordinance findings could be made and voted to adopt the proposed Mitigated Negative Declaration determination and approve the project (5-1; Clark/Hanecak m/s/c; Wong — dissenting; Gaddis-absent), subject to (1)a revised Indemnification condition (COA#8), and (2)with addition of a condition requiring that Happy Valley Road - upper Happy Valley Road not be used for funeral processions (COA#9 and #4). Demonstration of compliance with the restriction on funeral processions was made a requirement of the annual review of the permit. Prier to approval of the project, Commissioners offered two modifications to the staff recommendation that the motion-makers declined to include in the final action. • A proposal to require as part of the landscape plan to be developed, inclusion of natural indigenous grasses that do not require substantial irrigation or pesticides (Mehiman); and • Site policing during the hours of diminished light;that is,from dusk to dawn(Wong). Commissioner Wong felt that the Briones Hills Agricultural Preservation Agreement did not intend to allow cemeteries within its defined area, and thus voted against the motion. LETTER OF APPEAL On January 29, 2004 the Community Development Department received an appeal from Carole 'Dwinell, on behalf of the Briones Hills Preserve Alliance. The appellant's letter identified nine appeal points. The appeal points and staffs analysis are as follows: REVIEW OF APPEAL POINTS Appeal Point t#1. The County Planning Commission is ignoring County Resolution No. 87/483 (the so-called, 1988 Briones Hills Agricultural Preservation Area Agreement),which was intended to protect the Briones Valley area. Staff Agglysis; This appeal point refers to a 9988 agreement involving the County and the Cities of Richmond, Pinole, Hercules, Martinez, Pleasant Hill, Walnut Creek, Lafayette, and Orinde that is based on a 64-square mile delineated open space area. The compact states that the jurisdictions voluntarily agree to not annex any x For the first five(5)years of the permit, Condition#4 of the permit requires the applicant to file a Permit Compliance Report providing evidence of compliance with the land use permit for the review and approval of the Zoning Administrator, and at five-year intervals thereafter. The report is also to document build-out of the project,water usage, survival of landscape plantings,performance of the project well,and results of monitoring water levels in observation wells. March 23, 2004 Board of Supervisors Hearing on Appeal of Land Use Permit for a Cemetery, File#LP022068 Page 8 lands in the area for the purpose of allowing urban development. This resolution was incorporated into the Land Use Element of the County General Plan (Policy 3- 155). The appeal letter considers the cemetery to be inconsistent with the range of uses that can be allowed in the Briones Valley area. Staff has reviewed the resolution and associated General Plan policy. The key points areas follows: • The site is designated AL (Agricultural Land) by the General Plan and the site is zoned A-2 (General Agricultural). These designations provide that a cemetery is an allowable use with the issuance of land use permit,but the issuance of the permit requires that "findings" for establishment of a cemetery be made. (The special ordinance "findings"for granting a land use permit for cemeteries are specified on page 9 of this staff report(see Table 1). Policy 3-155 of the Land Use Element states that the Briones Hills Agricultural Preservation Area is designated for"Watershed"( S), "Parks and recreation" (Pr) and "Agricultural Land" (AL), and that the plan anticipates that the area will remain in public and agricultural use during the planning period. • The neighboring property owners and their attorney inferthat cemeteries are an urban use that cannot be permitted in the Briones Hills Agricultural Preservation Area. However, the General Plan (on page 1-36), Section 4(1=)(2) defines "non-urban uses" as rural residential and agricultural structures allowed by applicable zoning and facilities for public purposes, whether privately or publicly funded or operated, which are necessary or desirable for the public health, safety or welfare or by state or federal law. • The parties to the Briones Hills Agricultural Preservation Agreement must have previously concluded that a cemetery use is an open space (non- urban) use. At the time of the establishment of the Agreement, the affected area included a major portion of an existing cemetery(Queen of Heaven). if the framers had not intended to include a cemetery activity within the boundaries of the affected area, they would have omitted any existing cemetery from the affected area. But they did not. • The proposed development will rely on on-site ground water supply and sewage disposal systems. The project will not be served by community utility (water or sewer) systems. Citing definitions contained in the Measure C, 65135 Contra Costa County Land Preservation Plan, passed by the County electorate in 9990. March 23, 2004 Board of Supervisors Hearing on Appeal of Land Use Permit for a Cemetery, Pile##LP022068 Page 9 The proposed cemetery is reasonably Interpreted as a privately-funded and operated facility for a public purpose which is necessary for public health, safety and welfare. It should also be recognized that cemetery uses are restricted to approximately 30.4 acres of the 83-acre site. The Site Plan indicates that the channel of Pinole Creek will be retained as private open space. All cemetery uses will be setback 100 feet from the top-of=bank. Additionally, the hills on the site will be retained as private open able I space. The acreage of the open space EQUI on-site totals a roximafel 52.6 acres. �������������������T� pP y ESTABLISHMENT of A CEMETERY Thus over 60 percent of the site is to be Cemetery Ordinance retained as open space area on the site (Ord. Code§88-2.404) that will function as wildlife habitat areas and watershed land. 1. The establishment or maintenance of the cemetery will not Jeopardize or adversely Appeal Point#2: mitigation measures described affect the public health,safety,comfort,or within the CiQA Initial Study for the project welfare. cemeteryin fact neither reflect nor resolve issues 2 The establishment,maintenance,or extension will not reasonably be expected to concerning area water. While the residents of the be a public nuisance. area, in good faith as early as July 2002, 3. The establishment,maintenance,or requested that the well be tested in both the extension will not tend to Interfere with the ring when local wells are recharged from the free movement of traffic or with the proper Spprotection of the public through interference Winter rains AND in the Fall when after the with the movement of police,ambulance,or summer dry season all the wells being Used on fire equipment and thus interfere with the adjacent properties and those properties nearby convenience of the public or the protection 1 p p p p y of the lives and the property of the public. experience low flaw, this request was ignored. 4. Demonstrate adequate financial ability to establish or maintain the proposed cemetery Staff Analysis. This appeal point rejects so as to prevent the proposed cemetery the mitigation measures pertaining to from becoming a public nuisance;and water resources without 1dentil ying any 5. The proposed cemetery Is consistent with specific objections to the efficacy of these the General Plan of the county and will not interfere with the orderly development and measures, or offering specific suggestions growth of the County. for strengthening those measures. The water resource mitigation measurements were based on hydrologeologic data, and independent,peer review of that technical information. With regard to the details of the pumping test, the Community Development Department retained a peer review hydrologeologist to review protocols for the pump test and evaluate the data gathered. Furthermore, the Health Services Department(IVSD)monitored the pump test, and the HSD was provided with all field March 23, 2004 Board of Supervisors Hearing on Appeal of Land Use Permit for a Cemetery, File#LP022068 Page 10 data and engineer analysis. Based on the information provided,HSD indicated that the pump test met their expectations. Appeal Paint #3: In the staff report for the Hearing on December 16, Allan Moore, Esq. pointed out clearly that CEQA and the CEQA Guidelines in all close cases show a clear preference for the drafting of an EIR. l quote.... "An EIR is required wherever substantial evidence in the record shows even a fair argument that significant impacts may occur. In such case, even if other evidence in the record supports a different conclusion,the City(in this case, the County)must prepare an El R"and further states"that the County pay close attention to the comments of S.S. Papadopulos & Associates with regard to the local, fragile water supply." Staff Anallr$s: There is no disagreement among experts. The CEQA Initial Study agrees with S.S. Papadopulos & Associates that there is potential for water resource impacts. Hence, there is no disagreement among experts on potential for "over-pumping"to affect water resources of neighboring properties. The mitigation measures contain previsions furan early warning system;provisions forshutting off use of irrigation water within the cemetery, should that become necessaryand prier to commencement of each phase, Gan Shalom is required to demonstrate adequate water(or other procedures) to support expanded cemetery use. These mitigation measures have been incorporated into the Conditions of Approval adapted by the County Planning Commission (COA's 20 through 24). Appeal Point #4: The Chairman and Commissioners constantly interrupted Dr. Gordon Thrupp,who represented S.S. Papadopulos&Associates and the BHPA at the Tuesday, January 13th Planning Commission Hearing, The County was notified in advance that Car. Thrupp intended to make an overhead presentation to the Commission. A screen and (BHPA provided) overhead project were set up but members of the Commission complained that they could not see the screen. These complaints exhausted a portion of Dr. Thrupp's allocated three minutes. Car. Thrupp during the question period after his presentation was then examined on issues that were not under the realm of his obligation to BHPA. Staff Analysis: The County Planning Commission received testimony from the hydrogeologist retained by the Briones Hills Preserve Alliance and the Planning Commission posed questions to the hydrogeologist. The exhibit(and screen) used in the presentation was not provided by staff. They were provided by the speaker, who did not elect to come to the meeting early to select the best approach to providing an illustrated presentation for the Planning Commission. The speaker, who is a technical expert, was lecturing on concepts such as the meaning of"Steady state." The interruptions were questions on the technical material that was provided. The Planning Commission in rendering its decision considered that testimony, along with all ether evidence. March 23,2004 Board of Supervisors Hearing on Appeal of Land Use Permit for a Cemetery, Pile#LP022068 Page 11 Appeal Point#5: In the review of Pumping Test and Aquifer Evaluation by GeoConsultants Inc., received by the Contra Costa Community Development Department,time-dated 2003 October 06 at 8.02, and submitted by Jeremy Wire, Certified Hydrogeologist, No. 03,from the Table of <Contents to the actual test data and the figures chart; the numbers for Drawdown Well #3 were omitted from the CEQA Initial Study. The figures in the "Evaluation"by GeoConsultants show that Drawdown Well#3(Well P-3),located 1200 feet from the project well, dropped about a half an inch, all within the last 12 hours of the pumping test. When I asked why the results of P-3 had been omitted from the CEQA Initial Study, I was told it was insignificant. BHPA and I ask officially and on the record. Haw, in only 24 hours,can awn r change in the level of ground water from Well P-3 at 1200 feet from the source well, be considered insignificant? Staff Analysis: The Commentor cites data from GeoConsultants report but not GeoConsultants analysis of the data. The report concludes that the area influenced by the pump test was confined to portions of the site within approximately 250 feet of the production well. GeoConsultants did not speculate on the water level data in P-3, but it was their opinion that the data was unrelated to the pump test. The 14- inch drop in P-3 was recorded at the 14th hour of testing. No further drop was observed for the remainder of the 24-hour testa This suggests equipment or human error was responsible for the reading rather than an actual reduction in water level. Different individuals made the groundwaterlevel measurement. It involved dropping a cable down the monitoring well;measuring the distance from the top of the casing to the water surface;and then subtracting the height of the casing above the ground surface from the measurement to obtain depth of the water table. Considering the methodology used, a %-inch difference noted is not significant. Furthermore, if the pump test was affecting the water table level in the monitoring well, staff would expect to see a gradual, consistent pattern of drawdown. It should also be recognizedthat the monitoring well is at the property fine and near Pinole Creek. The flux in the water level in the creek during the pump test or production of ground water by pumping of an off-site well may also account for the observed'data. Appeal Point#6: We intentionally went outside the county, investigated an international firm that would not be influenced by any commitments within the County or with any personal connection to either neighbors or the proponents,to have an unbiased look at the water information. This very important information was not allowed to be presented. We want to assure you that most of the information, however, is in the four letters/reports that March 23,2004 Board of Supervisors Hearing on Appeal of Land Use Permit for a Cemetery. File#LP022068 Page '12 were submitted by Dr. Thrupp to the County before the December 16, 2003 hearing and are recorded in the staff report for the December hearing. These reports were summarily dismissed. The experience of the residents of many years, offered in good faith and as good neighbors, was also ignored. Staff Analysis: It is incorrect to conclude that the consultant retained by the Briones Mils Preserve Alliance was ignored. All technical data, engineering analysis, conclusions and recommendations of S.S. Papadopulos & Associates were forwarded by staff to the applicant's hydrogeologist and the County's peer review hydrogeologist within 24 hours of their submittal to the Community Development Department. Similarly, as hydrologeology documents were provided to staff by the applicant and by the County's peer reviewer, they were immediately forwarded to the representative of the Briones Hills Preserve Alliance. The input received by the County was forwarded to the County peer reviewer with the recommendation that the suggestions of S.S. Papadopulos be included in the pump test if they appeared reasonablelprudentffeasible. Some of the suggestions from S. S. Papadopulos & Associates included extending the duration of the pump test,delaying the pump test to the end of the summer;providing monitoring wells at the property line;etc. The Garr Shalom well is not a municipal well for the use of a city,it is an agricultural well. The County peer reviewer, in consultation with HSD determined that for the proposed agricultural well, a 24 hour fest was adequate duration and that delaying the Gan Shalom pump test to the end of the summer wouldlcould set an undesirable precedent, and would represent inconsistent treatment of applicants in the sense that wells intended for domestic use by property owners throughout the County are not required by Ordinance or other regulations to delay pump tests to a specific paint in time. Basically, the pump test was treated as a technical matter and the test parameters were set up accordingly. The appellant selected a hydrogeologic firm with international experience, but with limited, if any, local experience. Testing for an agricultural well has different requirements than a major international project. Furthermore, there are differences in the evaluation of the pump test data among the hydrologists. The County's peer review hydrogeologist concluded that there is sufficient water for Phase I with a safety factor, and there is an adequate aquifer recharge area for Phase I. At least in part because of the analysis of S.S. Papadopulos &Associates, the CEQA Initial Study identifies water resources as a potential impact for Phase I, and with recommendations from the County's peer reviewer, five water resource-related mitigation measures were identified. It should also be noted that the pump test and associated hydrogeology analysis provides more data than is available for the wells of property owners in the Brones Valley area, including those that have reported problems with water production from March 23, 2004 Board of Supervisors Hearing on Appeal of Land Use Permit for a Cemetery, File##LP022068 Page 13 their existing wells. In many cases, the wells of ranchette properties in the Briones Dalley area are so close together that they are competing with one another for ground water. Furthermore, water demand for some existing uses in the Briones Valley area (e.g., stables) are comparable to Phase I of Gan Shalom. The Gan Shalom well is approximately one-quarter mile from rear Creek Road, and clearly Gan Shalom owns the water rights to its property. Due to dozens of witnesses on both sides of the project who wished to testify, to try to be fair to all, the Planning Commission imposed a three-minute time limit on testimony. Lir. Thrupp had planned on providing a presentation to the Planning Commission that included slide exhibits on a display screen, however he failed to appear early for the hearings to make the appropriate preparation for setting up his slide presentation. As a consequence, there were technical problems in its presentation. Planning Commissioners also interrupted his presentation to let him know that the material he was presenting was not'displayed in a manner that they could easily follow. Still, Dr. Thrupp otherwise was provided more than three minutes to complete his testimony. In conclusion, the experience of the residents was not ignored. Staff did consider it, but felt that the experience, methodology,evidence,and restrictions imposed on the project are sufficient to demonstrate that the project can be developed without causing a significant adverse water resource impact to the environment including the surrounding properties. Appeal'Point#7: Under the CEQA study, under Environmental Study Checklist Form, it states that under Chapter 84-38 of the Zoning Ordinance,"the permitted uses include"and then lists the permitted uses. Nowhere on that list is a chapel, and in fact, a chapel was already discouraged from being built almost directly across the street from the proposed site by the Planning Commission in the late 1990s. Staff Analysis. Cemeteries are a special use. The Zoning Ordinance, Chapter 88-2, lists the standardsapplicable to cemeteries. According to Section 88-2.206, a land use permit can be granted for the establishment of a cemetery in the A-2 Zoning District, with approval of a land use permit. Article 88-2.4 identifies the submittal requirements for an application, along with listing the findings that must be made. Those findings are presented in Table 1. Zoning Ordinance Section 84-38.404 lists uses allowable in the A-2 District with a land use permit, including "(1) Allowable uses designated in Section 84-36.404." Section 84-36.404(c)allows such uses as hospitals, churches,religious institutions, schools, community buildings, clubs and similar facilities that attract groups of people commonly include meeting spaces. First, the chapel of a religious-based cemetery may reasonably be considered similar to a "church" or "religious March 23, 2004 Board of Supervisors Hearing on Appeal of Land Use Permit for a Cemetery, Pile#LP022068 Page 14 institution"for the purpose of this application. Second, the Zoning ordinance is not meant to name every conceivable specific type of land use activity, and the County has discretion to interpret the list of allowed uses to include other uses that are similar in the nature and intensity of activity, and the effect on its neighbors. A cemetery chapel can be permitted under the Zoning ordinance. Appeal #point #8. 1n regards to traffic, a large animal clinic ("large" in this case being animals such as horses,cattle,llamas, goats and sheep; appropriately o_nlY for agricultural areas) was totally discouraged from applying for a permit because of traffic issues. It would cause too much traffic. This was an agricultural business that would greatly benefit the people who reside in the Preserve aswellas neighboring horse/cattle communities, such as those adjacent to Tilden Park and in Lafayette, Orinda, Meraga, in fact, all of the cities which were signatories of the Agricultural Agreement. Staff Analys This comment addresses traffic issues associated with an animal clinic, and does not speak to the Can Shalom project. The applicant's traffic engineers, Abrams&Associates, evaluated the traffic-related effects of the project and subsequently by County staff. This professional review indicates the project does not present potential fora significant impact, Nevertheless, the public Works Department review resulted in the identification of traffic and circulation issues that were incorporated into the Conditions of Approval adopted by the County Planning Commission. A.peal Point#9: The number of vehicles traveling the winding two-lane roads will not be static numbers as the cemetery planners have repeatedly reported. If the plans to develop the first 7+ acres take place, each acre with 1,009 graves, at 200 graves per year. (Gan Shalom figures) mean by the end of the fifth year, there will be marry, marry repeat visitations to honer deceased relatives and loved ones on the appropriate Jewish holidays. And,the proponents say this traffic will only occur in the daylight hours in the middle of the day, not during commute traffic. Evening only comes at five o'clock during Pacific Standard Time for two months at the most. Several times, it was mentioned that the hours would be from 5:30 until dusk. During Pacific Daylight Time, dusk is at 9 PM and that certainly does encompass commute hours. Not quite what the traffic report would have one believe since it was done only for two hours from I PM to 3 PM on a Tuesday and thea only at the less traveled intersection. The.actual traffic collection was NOT in the CEQA Initial Study,only a summary that did not indicate the time frame of the actual data collection. StaffAnalysis: As the comment observes, with the passage of years there will be a gradual Increase in visitors to the cemetery. Some visitors will add to the peak Dour trips. It is anticipated, however, that the trips will be distributed throughout the day. On,Memorial Day and certain Jewish holidays there are likely to be an increase in the number of visitors. However, there is no evidence to support the hypotheses March 23, 2004 Board of Supervisors Hearing on Appeal of Land Use Permit for a Cemetery, File#LP022068 Page 15 that visitors to the cemetery will significantly add to traffic or would lead to unsafe conditions on the local road network. Conclusion Based on the foregoing review, staff concludes that none of the appeal points have merit. Several of the appeal points address the adequacy of the CEQA determination for this project. The points are similar to those raised in the hearing before the County Planning Commission and rejected by that body. Staff continues to find that the appeal poses no substantial evidence that would contest the CEQA documentation and determination adapted by the Planning Commission. VARIANCE REQUEST TO ALLOW PERIMETER FENCING THAT IS TALLER THAN NORMALLY ALLOWED BY THE ZONING ORDINANCE Garr Shalom proposes fencing to control unauthorized access to the cemetery. As proposed,the fence along Bear Creek Load is a 7-Brat tall decorative masonry and tubular steel well/fence with signage. (Figure 8 of the December 16, 2603 staff report presents an elevation of the fence, which is to be located just behind the read right-of-way.) The caps on the pillars increase the maximum height of the wall to 7'/feet. Staff Analysis: The Sheriff's Office of Crime Prevention recommended a 6-foot tall chain-link fence with three strands of razor wire. A fence of that construction is not consistent with the project character sought by Gan Shalom. Bear Creek Road is an officially designated scenic route. General Plan Policies 5.34 through 5-43 indicates that projects along scenic corridors shall preserve and enhance attractive natural dualities. The challenge of the Gan Shalom report is to balance security and aesthetic needs. The proposed design attempts to strike that balance. Condition of Approval#1 i provides for review and approval of a fencing plan and for the design, color and location of any entrance signs. That COA does not allow for the wall height to be extended above the 6-foot high maximum that is allowed in the structure setback zone. In staff's opinion, a decorative fencelwall that is Moot high, with pillar caps allowed to extend 7 l feet high are appropriate. Further, staff'has reviewed the ordinance findings for allowing a variance to be made and has determined that these findings can reasonably be made for this project as presented in Exhibit 1. GACurrent PIannInglcurr-plan\Board\Board drdersVp022053-c.bo.doc DM/RD EXHIBIT 1 Ordinance Findings for Granting Variances to Allow Fencing Taller than Six feet to be Placed within Front and Side Yards Gan Shalom Cemetery Proposal County Land Use Permit File #LP022068 MartinezlBriones Valley area Listed below are the ordinance findings that are required to grant requested variances to allow the perimeter wall/fence to be 7-foot tail, and up to 7 1/2feet tall at the pillar caps and gate of the wall (maximum 6 feet allowed within the required front and side yard areas), and the related project finding for this proposal. (ref. C.C.C. Ord. Code § 26-2.2006) 1. Requires Finding -- Any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located. Praiect Finding-- The proposed variances do not constitute a grant of special privilege that is inconsistent with the limitations on other properties in the vicinity and that are zoned General Agricultural, A-2. There are no other properties in the area that contain a cemetery. The nature of the project uniquely necessitates an aesthetically pleasing perimeter fence design that will also meet the security needs of the cemetery operation. Source: Site visit. 2. Required Finding -- Because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective E-2 Ordinance Findings for Granting Variances for Fence Heights Gan Shalom Cemetery,Land Use Permit File#LP022068 zoning regulations is found to deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district. Project Finding— The surrounding visual qualities of the rural Briones Valley area warrant special aesthetic and security treatment that would allow a slightly taller fence than is normally allowed within the required yard area. The proposed fence will provide security for the cemetery while providing a decorative appearance that is complementary to the rural area. The appearance of the wall will be softened by the planting of native trees and shrubs along the exterior of the wall. Source. Site visit; project site plans. 3. R�ec uired Finding — Any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located. Pr ect Finding_ The Ordinance Code allows for a range of activities in the General Agricultural zoning district that may be suitable for an agricultural area. One of the special uses that may be established on property zoned General Agricultural, after the granting of a land use permit, is a cemetery. Perimeter fencing of a cemetery is necessary to secure the property. In this instance, the proposed fence design (and requested variances) substantially meets the intent and purpose of the General Agricultural district by providing protection to the proposed cemetery use, while allowing a decorative design that blends with the agricultural setting. The proposed design is preferable to the 6-foot chainlink fence with razor wire suggested by the County Sheriff, in terms of respecting the scenic corridor along Bear Creek Road. Sources: Article 84-36.4 of the Ordinance Code; site visit; 11612004 letter from the Contra Costa County Office of the Sheriff. GACurren#PI@nninglcurr-p1anlBoard\Board 0rders11p022068-var-fndg.doc RD\ .. v� �� � Resolution No. 10-2004 County Planning Commission BEFORE THE COUNTY PLANNING COMMISSION CONTRA. COSTA COUNTY STATE OF CALIFORNIA APPEAL Gan Shalom Inc. (Applicant & Owner) Briones Hills Preserve Alliance (Appellants) Request for a Land Use Permit to Establish a Cemetery in the Martinez/Briones Valley area County File 4LP022068 On July 25, 2002, the applicant, Gan Shalom, filed a land use permit application with the Contra Costa County Community Development Department to establish a cemetery pursuant to provisions of the Cemetery Ordinance on an 83-acre parcel at the southeast corner of Bear Creels Road and Hampton Road in the Briones Valley area. The General Plan designates the site Agricultural Lands. The site is zoned General Agricultural, A-2. On August 21, 2002, staff notified the applicant that additional specified items were required before the application could be deemed complete. On June 24, 2003, upon submittal of a groundwater quantity pumping test report, the staff determined the application to be complete for processing purposes. For purposes of compliance with the California Environmental Quality Act (CEQA), staff conducted an initial study on the project to determine whether the project would result in a significant environmental impact; and staff determined that the project might result in several significant impacts including impacts pertaining to biological, cultural, and water resources. Staff also identified measures that would mitigate each of those impacts to a less than significant level, and the applicant agreed in writing to those measures. On November 6,2003, County staff posted a Notice of Intent to adopt a Mitigated Negative Declaration of Environmental Significance, and otherwise provided for notice of the proposed determination as required by law. The notice allows for public comments on the adequacy of the proposed CEQA determination that extended to 5 p.m., December 8, 2003. Resolution.No. 10-2404 County Planning Commission On December 16, 2003 after notice was issued as required by law, the County Planning Commission held a public hearing on the application. At the Planning Commission hearing, staff presented the staff recommendation on the application, and the Planning Commission accepted testimony from the applicant and other members of the public. After receiving testimony, the Planning Commission voted to continue the public hearing to its January 13, 2004 meeting. On January 13, 2004, the County Planning Commission continued to accept testimony from all persons who wished to speak on the application, including a rebuttal from the representatives of the applicant, Gan Shalom, Inc. Following the rebuttal from the applicant,the Planning Commission closed the public hearing. The County Planning Commission,having fully reviewed, considered and evaluated all evidence and testimony submitted on this matter. RESOLVED, for purposes of compliance with the CEQA, the County Planning Commission FINDS that: • On the basis of the whole record before the Commission, including the Initial Study and the comments received, there is no substantial evidence that the project,with mitigation measures, will have a significant effect on the environment; • The Mitigated Negative Declaration determination reflects the County's independent judgment and analysis; • The documents and other materials that constitute the record of proceedings upon which the County Planning Commission's decision is based may be found at the Community Development Department, 651 Pine Street, Martinez, CA, the custodian of the records. Further, the County Planning Commission ADOPTS the proposed Mitigated Negative Declaration determination for purposes of compliance with CEQA, and the Mitigation Monitoring Program; Further, the County Planning Commission FINDS that all of the Ordinance Code findings that are required for granting a land use permit (Ord. Code Section 26-2.2008) together with the special findings of the Cemetery Ordinance (Ord. Code Section 88- 2.2404) for this application can be made; Further, the County Planning Commission GRANTS approval to the land use permit application for a cemetery, with modification to the Conditions of Approval that had been recommended by staff. R-2 ........................................ - Resolution No. 10-2004 County Planning Commission The decision of the County Planning Commission was given by motion of the County Planning Commission on January 13, 2004 by the following vote: AYES: Commissioners- Clark,Hanecak, Terrell, Mehlman, and Battaglia NOES: Commissioner Wong ABSENT: Commissioner Gaddis ABSTAIN: Commissioner-None Further,on January 20,2004,the Briones Hills Preserve Alliance filed with the County an appeal of the County Planning Commission decision on this project. LEN BATTAGL,IA Chairman of the County Planning Commission County of Contra Costa State of California I,Dennis M. Barry, Secretary of the County Planning Commission, certify that the foregoing was duly called and approved on January 13, 2004. ATTEST: �`�I�EM�]IS M. BAI2.�Y, AICP Secretary of the County Planning Commission County of Contra Costa State of California G:1Current Planning\Curr-plan\R.esolutions�R.esolution-Gan Shalom.doc I NI\RD R-3 1 FINDINGS AND CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2068.02 AS APPROVED BY COUNTY PLANNING COMMISSION ON JANUARY 13, 2004 (Conditions ofApprovalAdded bPlanning Commission Showa in Bold) FINDINGS A. Cemetery Findings 1. The establishment or maintenance ref the cemetery will not jeopardize or adversely affect the public health, safety, comfort, or wel,fare. The design of the cemetery is in compliance with all provisions of the State law and the County Ordinance Code intended to protect public health, safety and welfare. The cemetery will have a screen of vegetation along the Bear Creek Road frontage that will soften/screen views of the site. There are no above-ground grave markers so the site will function as visual open space. Over 60 percent of the site is hillside that is densely wooded. These hills,along with the channel of Pinole Creek,are to be retained as private open space, with no cemetery uses. The conditions of approval contain measures that require monitoring of water usage and monitoring of the elevation of water levels in observation wells. These measures will provide an early warning system intended to protect wells of neighboring property owners. Additionally, Gan Shalom must demonstrate an adequate water supply before proceeding with each phase. These and other mitigation measures have been translated into conditions of approval. 2. The establishment, maintenance, or extension will not reasonably be expected to be a public nuisance. The cemetery conditions of approval include provision for an Endowment Care Fund to assure proper maintenance of the cemetery. Additionally,the plans submitted call for the construction of a landscape screen of trees and shrubs along the Bear Creek Road frontage of the site. The setback of structures from the boundaries, the architecture and relatively small size further reduce the visibility of buildings. It should also be recognized that: * .All caskets will be set in concrete vaults with concrete tops installed. Each grave site will be identified with a marker that will be installed flush to the top of the grass coverage. * Security precautions will betaken to protect the cemetery from vandalism. A private guard will be hired to visit the cemetery on a regular basis during the night. If this does not provide the necessary protection, a security service will be 2 hired to be on the premises from sunset until employees arrive for work at 8;00 am. • There will be no sale activities, crematory or other procedures preparing a body for burial at the cemetery site. • There will be no burials on Saturday or during evening hours. 3. The establishment, maintenance, or extension will not tend to interfere with the free movement of traffic or with the proper protection of the public through interference with the movement ofpolice, ambulance, or fire equipment and thus interfere with the convenience of the public or the protection of the lives and property of the public. The applicant has indicated that services typically occur between 10:00 a.m. and 2:30 p.m., that on average there will be 35 to 70 people in attendance per burial service, arriving in 15 to 25 cars, and that the long-term average will be 150 to 200 burials per year(3 to 4 per weep, on average). A traffic analysis performed by Abrams Associates indicates that the traffic generated by Gan Shalom will not create traffic-related impacts. The Public Works Department has recommended Conditions of Approval addressing road dedications, roadway improvements and sight distance. They focus on needed safety improvements at the main entrance to the cemetery,and improvements to Hampton Road, when it carries cemetery(maintenance) traffic. 4. Demonstrate adequate financial ability to establish or maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance. Gan Shalom has indicated an intent to fully comply with the provisions of the California Health and Safety Code (letter from Frank Winer, President, Gan Shalom Inc., dated September 9, 2002). That letter prescribes the details of the establishment of an Endowment Care Fund. In addition to the endowment fund assurance, there is the commitment of a faith-based organization to care for its cemetery (COA 924). S. The proposed cemetery is consistent with the General Plan of the County and will not interfere with the orderly development and growth of the County. The Land Use Element does not specifically speak to the siting of cemeteries in Contra Costa County. However,the Land Use Element contains an Urban Limit Line Map, and General Plan Policies 3-5 through 3-14 pertain to implementation of the 65/35 Land Preservation Standard and Urban Limit Line-related goals, These policies are intended to preclude extension of urban services into agricultural areas, especially growth- inducing infrastructure. A 30-acre cemetery project inside the ULL would be competing for land with the range of land uses that are specifically restricted to the urban area. 3 Establishing cemeteries outside of the ULL allows the vacant land within the ULL to be retained for urban land use. It should also be recognized that the Gan Shalom Cemetery does not require any growth-inducing infrastructure. B. Land Use Permit Findings 1. The proposed conditional land use shall not be detrimental to the health, safety and general welfare of the County. The applicants have not requested exceptions to any health, safety and welfare requirements of jurisdictional agencies (see COA's 5, 6 and 7). 2. The proposed use shall not adversely affect the orderly development of property within the County. The project will not create any obstacle to utilization of adjacent lands. The application is consistent with the site's zoning and General Plan land use designation. Further, the establishment of a cemetery outside the ULL allows the vacant land within the ULL to be retained for urban uses. 3. The proposed use will not adversely affect the preservation ofproperty values and the protection of tax base within the County. A properly conditioned project should not have a detrimental effect on property values in the County. In this case, there are 43 conditions of approval that will ensure well-designed project. 4. The proposed use will not adversely affect the policy and goals as set by the General Plan. The General Plan does not preclude cemetery use of the site. The project is consistent with General Plan goals and policies and with the Briones Hills Preservation agreement. The environmentally sensitive lands are the site (wooded hillsides and creek corridor to be retained as private open space.) 5. The proposed use will not create a nuisance and/or enforcement problem within the neighborhood or community. The applicant proposes to provide private security, and no special law enforcement problems are anticipated. COA 41 requires security precautions and COA 924 requires endowment care assurance. 6. The proposed use will not encourage marginal development within the neighborhood. The site is bounded by permanent open space on the west and by an existing rural residential development and horse stables along the Bear Creek Road frontage of the site. The potential for any future development in the vicinity is not altered or affected by this project. 7. There are special conditions or unique characteristics of the subject property and its location or surroundings are established. The property has the size, terrain features and physical setting that meets the applicants objectives for a Jewish cemetery. 4 C. Growth Management Performance Standards 1. Traffic: The project will generate an estimated five additional AM and PM peak hour trips by employees. (This assumes the five employees do not carpool.) In general, visitors are not expected during peak hours. Therefore, the applicant is not required to prepare a traffic report pursuant to the 1988 Measure C requirements. 2. Drainage and Flood Control: The Public Works Department's recommended conditions of approval including compliance with the collect and convey requirements of Division 914 of the Ordinance Code; COA's #38-40 address other drainage requirements. No structures are proposed within a special flood zone designated by the Federal Emergency Management Administration(FEMA), 3. Nater and Waste Disposal. The County Health Services Department has approval authority over septic system leach fields(see Advisory Note G). The project will use groundwater for irrigation and flush toilets. No potable water will be generated from the on-site well. Bottled water will be used by staff and visitors; and restrooms are to be equipped with wet towels for washing hands. 4. Fire Protection: The site is in the State Responsibility Area. The property is subject to the requirements of both California Department of Forestry and the County Fire Protection District (see COA #25). Because the site is not located within either a suburban, urban or central business district area, no special fire protection measures under the County's Growth Management policies are required. 5. Public Protection: The project will not result in an increase in population will have private security (COA 41), and is not expected to create any unusual law enforcement problems. 6. Parks & Recreation: The cemetery will not increase demand for park and recreation facilities, and is not subject to payment of park dedication fees. (Reference Growth Management Element of the General Plan) CONDITIONS OF APPROVAL General Conditions 1. Development is approved as shown on plans submitted with the application, received by the Community Development Department on October 10, 2002, subject to final review and approval by the County Zoning Administrator prior to the issuance of a building permit and subject to the conditions listed below. This approval is also based upon 5 the project description provided by Gan Shalom on the technical studies provided by the applicant's consultants. Further,the approval includes the following additional limitations/restrictions, • All caskets shall be set in concrete vaults with concrete tops installed. Each grave site shall be identified with a marker that will be installed flush to the top of the ground surface. • Security precautions shall be taken to protect the cemetery from vandalism. A private guard shall be hired to visit the cemetery on a regular basis during the night. If this does not provide the necessary protection, a security service shall be hired to be on the premises from sunset until employees arrive for work at 8:00 am. • There shall be no sale activities, crematory or other procedures preparing a body for burial at the cemetery site. • There will be no burials on Saturdays or during evening hours. 2. The proposed structure(s) shall be similar to that shown on submitted plans received October 10, 2002 by the Community Development Department. Prior to the issuance of a building permit, elevations and architectural design of the building shall be subject to the final review and approval by the County Zoning Administrator. The roofs and exterior walls of the buildings shall be free of such objects as air conditioning or utility equipment, television aerials, etc., or screened from view. Compliance Report 3. At least 60 days prior to requesting grading or building permits or constructing any improvements, submit a report on compliance with the conditions of approval with this permit for the review and approval of the .Zoning Administrator. Except for those conditions administered by the Public Works Department,the report shall list each condition followed by a description of what the applicant has provided as evidence of compliance with that condition. (A copy of the conditions of approval may be available on computer disk; to try to obtain,contact the project planner at 335-1210.) Unless otherwise indicated, the applicant will be required to demonstrate compliance with the conditions of this report prior to issuance of building or grading permits. The Zoning.AdMinistrator may reject the report if it is not comprehensive with respect to applicable requirements. The permit compliance review is subject to staff time and material charges, with an initial deposit of$500 which shall be pain at time 6 of submittal of the compliance report. A check is payable to the County of Contra Costa. Administrative Reviews 4. Annually for the first five years and at five-year intervals thereafter, submit a compliance report on January 30th for review and approval of the Zoning Administrator. The report shall address compliance with the conditions of approval, document buildout of the cemetery (including a map showing areas where vaults have been installed and irrigated turf areas created). It shall also report on water usage, performance of the well, electrical power usage of the well, and results of monitoring water levels in observation wells. It shall also document growth/survival of landscape plantings. The permit compliance review is subject to staff time and materials charges.. with an initial deposit of$1,000 which shall be paid at time of submittal of the compliance report. A check is payable to the County of Contra Costa, General Provisions 5. Any deviation from or expansion beyond the limits of this permit approved under this application shall require the filing and approval of a request for modification of the Land Use Permit. 6. The conditions contained herein shall be accepted by the applicant, his agents, lessees, survivors or successors for continuing obligation. 7. The cemetery shall comply at all times with all applicable State Cemetery Board rules, regulations and standards, and any other applicable federal, State or County law or regulation. Indemnification 8. The applicant shall defend, indemnify, and hold harmless the Contra Costa County Planning Agency and its agents and officers,from any claim, action or proceeding against the Agency (the County) or its agents or officers, to attack, set aside, void or annul, the Agency's approval concerning this land use permit application. The County will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. 7 Funeral Processions 9. At least 30 days prior to the first services or burial, submit a plan to discourage, to the extent possible, funeral processions from using Happy Valley / Upper Nappy Valley Road. The plan is subject to review and approval of the Deputy Director of Current Planning, Community Development Department. Compliance with this condition shall be part of the reviews mandated by COA 44. Landscaping 10. At least 60 days prior to the issuance of the first building or grading permit or installation of any on-site improvements, submit a landscape and irrigation plan for review and approval of the Zoning Administrator. The plan shall provide details on the species, size, plant spacing, soil preparation, staking, etc. It shall address the Phase 1 Bear Creek Road frontage, the east property line(on valley floor), and the corner of the site at the Hampton Road/Bear Creek Road intersection. The plan shall provide for a 20--foot wide landscape corridor, except at the Hampton Road/Bear Creek Road intersection, where the landscaped corner will provide for a 50-foot maximum depth. Only trees and shrubs native to the Briones Hills shall be used. The irrigation system shall be water- conserving and weather-sensitive. Landscape related improvements shall be installed prior to the final building permit inspection for the chapel. The plan shall be prepared by a licensed landscape architect and shall be certified to be in compliance with the County Water Conservation Ordinance, 82-86., Fen cin g/Signs/Lighting 11. A. Prior to issuance of a grading permit or building permits, submit a fencing plan program for review and approval of the Zoning Administrator. & The design, color and location of any project sign at the entrance to the property shall be reviewed and approved by the Zoning Administrator. C. Generally street lighting shall not be allowed, Any proposal to install security lights shall be submitted to the Zoning Administrator and the Public Works Department for the review and approval. The purpose of this review shall be to assure that lighting is minimal and does not shine on/toward adjoining properties. S Construction Conditions 12. Contractor and/or developer shall comply with the following construction; noise, dust and litter control requirements: A. All construction activities shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, and shall be prohibited on State and federal holidays. B. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise- generating equipment such as air compressors and concrete pumpers as far away from existing residences as possible. C. At least one week prior to commencement of initial grading or construction, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site notice that construction work will commence. The notice shall include a list of contact persons with name,title,phone number and area of responsibility. The person responsible for maintaining the list shall be included: The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the 24-hour emergency number, shall be expressly identified in the notice. The notice shall be re-issued with each future building permit. (A copy of the notice shall be concurrently transmitted to the Community Development Department. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed) D. A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. E. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. Prior to issuance of building permits,the proposed internal access road to the building site shall be constructed. This shall include provision for an on- 9 site area,in which to park earth moving equipment and commute vehicles of construction workers. F. Transporting of heavy equipment and trucks shall be limited to week days between the hours of 9:00 AM and 4:00 PM, and prohibited on Federal and State holidays. G. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. Archaeology 13. A. If any significant cultural materials such as artifacts, human burials,or the like are encountered during construction operations, such operations shall cease within 100 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, groundstone, shell and bone artifacts, concentrations of fire cracked rock,ash, charcoal, shell,bone, and historic features such as privies or building foundations. 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 of the "find" 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. C. Appropriate mitigation of the cultural resources may include monitoring of further construction and/or systematic excavation of the resources. Any artifacts or samples collected as part of the initial discovery,monitoring or mitigation phases shall be properly conserved, catalogued,analyzed,evaluated and curated along with associated documentation in a professional manner consistent with current archaeological standards. California :Red-Legged Frog and Western Pond Turtle 14. prior to issuance of the first building or grading permit, or installation of any improvements on the site,the applicant shall record a deed disclosure against the parcel that encompasses the California. red-legged frog mitigation measures presented in Table 1, included herein. 10 15. Prior to commencement of each phase, provide details on the timing and method implementation of the mitigation measures listed in Table 1, included herein. The Zoning Administrator shall have review and approval authority over this plan, and may reject the plan if it is not comprehensive with respect to applicable requirements, The plan shall include reporting procedures to provide documentation of compliance with all components of the mitigation measures. Table 1 RED-LEGGED FROG MITIGATION MEASURES a) A 100 foot setback shall be established from Pinole Creek's top-of--bank to the edge of project grading. This 100 foot buffer shall be preserved in perpetuityfor biological resources. No grading,ground burials,formal landscaping, or other intrusion shall be 1 allowed within this 100 foot wide buffer zone. A Revised Site Plan for the cemetery shall accurately show(and label)the 100 foot setback line. !I b) The 100 foot buffer zone shall be fenced(permanent fencing), with the fencing plan i'i subject to review and approval of the ZoningAdministrator.It is anticipated that the fence will be split-rail or equivalent. The surveyor for the project shall set stakes at the ' 100 foot setback line. The fence shall be installed on a phase by phase basis. 11 I i Construction fencing shall be installed along the portion of setback line within each area that is about to be improved prior to issuance of the construction or grading if permit for that area. The permanent fencing in each area must be installed after completion ofsite improvements, and immediately after removal of the construction fencing. Once installed, the permanent fence shall be maintained over the life of the project. C) Prior to any grading and construction that affects land adjacent to the 100 foot wide buffer zone, a frog exclusion fence shall be installed near the top-of-bank along the entire length of Pinole Creek on the project site. The fence,constructed of/.-inch mesh hardware cloth,shall be keyed into the ground all along its base(to prevent frogs from going under it). It shall be a minimum of four feet high, with the top six inches of the fence bent inward(towards the creek)to prevent frogs from jumping over the fence. This fence shall be maintained in good condition during the duration of all grading and f construction-related activities. d) Preconstruction surveys for the California red-legged frog, consisting of one day and j one night survey,shall be conducted within three days of any grading or construction- j related activities that affect lands adjacent to the 100 foot wide buffer zone. The survey i results shall be submitted to Contra Costa County. If any California red-leggedfrogs ;I are identified on the project site during the preconstruction surveys, the U.S.Fish and Wildlife Service shall be contacted by the end of the next business day for directions on how next to proceed,and the contractor shall stop all work. Any California red-legged frog sighting shall be reported to California Department of Fish and Game's Natural 'sF Diversity Database. At the time the U.S.Fish and Wildlife Service determines that It 1 adequate avoidance and/or mitigation has been implemented by the applicant, and proof is provided to Contra Costa County via a letter from the U.S.Fish and Wildlife i Service,the project may continue. e) Since a California red-legged frog was sighted by LSA in Pinole Creek just outside the project site boundaries,a biologist shall also survey the 100foot buffer area and (i immediately adjacent construction areas each morning prior to construction activities i ' during the winter and spring months(times when frogs may be moving)to ensure that no California red-legged frogs have moved into either the buffer zone or the work area. i During the hot summer and early fall months, the morning surveys shall not be !f necessary since frogs are not migrating during these periods. 11 Valley Oak and Coast Live Oak 16. Prier to issuance of building or grading permits in a phase, or construction of improvements,submit a plan showing all protected trees within the area proposed for ground burials and:provide evidence of compliance with the mitigation measures listed. in Table 2, included. herein. The plan shall include.reporting procedures to provide documentation ofcopliance with all components of the mitigation measure . Table 2 VALLEY OAK AND COAST LIVE OAK MITIGATION MEASURES a) All single oak trees(that is,oaks located in oak savanna or grassland habitat or at the edge of a woodland system)within a phase about to be developed shall be protected during construction by installing orange construction fencing at 1.5 times the distance from the trunk to the edge of the dripline of the tree. This non-disturbance buffer zone shall be staked in the field by a qualified biologist prior to installation of construction fencing to ensure that the contractor has fenced an adequate buffer area. J b) After site improvements are completed in the vicinity of the tree, the construction fencing I can be removed. However,no surface or subsurface disturbance,no turf or other 1 plantings shall occur within this buffer zone(1.5 times the distance from the trunk to the edge of the dripline of the tree)for the life of the project. Therefore,permanentfencing f shall be installed on the boundary of the buffer zone of a design approved by the Zoning Administrator. The permanent fencing must be installed after completion of site improvements and immediately after removal of the construction fencing. Furthermore, the grading plan shall identify areas to be fenced and the General Notes shall speck no i access or earthwork within the fenced area. Any trees proposed for removal shall be shown on the grading plans. C) Although Gan Shalom's plans do not proposed removal of any of the larger trees, nevertheless,if removal was proposed in the future,the following mitigation measure ! would become operative. The tree replacement formula presented below is based on standards of the Tree Protection and Preservation Ordinance(Ordinance Code,Chapter 816-6). If it is necessary to remove any native trees on the project site that are 6.5 inches in diameter at breast height or greater,then replacement trees shall be planted at the rate of one 15-gallon tree and one 1-gallon seedling for each 6 inches in diameter of the trees removed(4 e,,an oak tree 30 inches in diameter 4%feet above ground level would be replaced with five 15-gallon and five 1-gallon trees). Replacement trees shall be the same species as the tree(s)removed.An automatic drip irrigation system shall be installed on all replacement trees. This system shall operate for a minimum two-year period to ensure that the trees are successfully established. Annual mitigation reports documenting tree survivorship,and complete with photos,shall be submitted to Contra Costa County by December I of each year for a three-year period. If survivorshipfalls below 85 percent, replacement trees shall be planted and monitored for an additional three-year period. ' d) To preserve the species composition of the project site's native oak woodland and riparian habitats, the landscapingplan prepared for the project shall consist entirely of tree and shrub species native to the Bear CreWAlhambra Valley area. No non-native,ornamental trees or shrubs shalt be planted. Nesting Raptors and Loggerhead Shrike 17. Prior to construction in the southern valley, submit evidence of compliance with the provisions of the Nesting Raptor and Loggerhead Shrike mitigation measure in Table 3, presented herein, The submittal 12 shallbe subject to review and approval of the.honing Administrator. The plan shall include reporting procedures to provide documentation of compliance with all components of the mitigation measure. Table 3 NESTING RAPTOR AND LOGGER HEAD SHRIKE MITIGATION MEASURES �q1 Prior to issuance of construction permits for mausoleums,roads, or water tank in the southern valley portion of the site, a spring nesting survey for raptors and the loggerhead �( shrike shall be conducted in the oak woodland and bay oakforest. This survey shall be j conducted between the months of April and June in the year that construction is planned. The surveys should encompass the area on the project site within approximately%mile # radius of the proposed improvements and follow accepted protocols. If the area to be surveyed extends off-site, and permission for access by the biologic monitor is not I'Ii allowed the biologic survey of such areas can be performed by using binoculars at a strategic on-site location as well as other reconnaissance methods. If raptors are nesting on the project site,a minimum 500 foot non-disturbance buffer shall be established around the nest tree. This buffer shall be fenced with construction fencing. `; A qualijied raptor biologist will periodically monitor the nest site(s)to determine if Ij (� grading activities occurring outside the buffer zone disturbs the birds, and if the buffer zone should be increased to prevent nest abandonment. No disturbance shall occur within the buffer zone until a qualijied raptor biologist has determined that the young have fledged(left the nest),and are flying well enough to avoid project construction zones, typically by August P" b) If loggerhead shrikes are nesting on the project site,a 150 foot non-disturbance buffer shall be established around the nest tree. This buffer shall be fenced with orange construction fencing. No disturbance shall occur within the buffer zone until the young { � have fledged typically by July 1"�. �� � �# Seep 1$. Prior to commencing any work in Phase 4, provide evidence of compliance with the seep mitigation measure that is presented in Table 4. The plan and other documents shall be subject to review and approval of the Zoning Administrator, Table 4 SEEP MITIGATION MEASURES a) Provide accurate coordinatesfor the seep adjacent to the Phase 4 area prior to any i� construction in the Phase 4 area. 1 !� b) Prior to any construction in the Phase 4 area, a qualfed biologist shall re-evahlate the seep to accurately establish its limits and set stakes 20 feet from the seep. if II c) Permanent fencing(split rail or equivalent)shall be installed along the boundary between the ground burial area and the seep at the 20 foot line. Construction fencing shall be installed prior to any earthwork in Phase 4 and the permanent fencing shall be ! i installed immediately after removal of the construction fencing. The permanent L fencing,once installed,shall be maintained throughout the life of the project. � j 13 Alameda Whipsnake 19. Prior to the commencement of each phase, submit a plan/methodology for compliance with the Alameda Whipsnake mitigation measure in Table 5, presented herein. The materials submitted shall be subject to review and approval of the ,Zoning Administrator. The plan shall include reporting procedures to provide documentation of compliance with all components of the mitigation measure. Table 5 ALAMEDA WHIPSNAKE MITIGATION MEASURES According to LSa there is a low probability that whipsnakes would attempt to cross a portion of } the site while itis being cleared for cemetery use.Nevertheless there remains some risk of harming whipsnakes during grading and construction,that can be avoided by the following mitigation measures. of Prior to any grading and construction activity,a qualified biologist shall survey the ( intended grading area to determine is temporary snake exclusion fence is required.If I a fence is required,the biologist shall sped the type,height and other details of design and installation. b) The biologist also shall determine if any whipsnake surveys are required in an area for which exclusion fencing has been required,prior to the start of work andlor during work. The biologist shall specify the timing and procedures o,f any such surveys, following generally accepted protocols.,Survey results shall be submitted to the Zoning Administrator and to any other agencies as maybe warranted by the survey results. Water Resources 20, Prior to the issuance of the first permit by the wilding Inspection Department,submit"baseline"data on water levels in the production well and monitoring wells to the Zoning Administrator to establish any seasonal fluctuations. 21. Prior to the issuance of the first permit by the Building Inspection Department,establish a new monitoring well approximately 600 feet north of the production well (P4). Continue monitoring wells P3 and P4. Annually submit reports to the Zoning Administrator on or before January 30th, presenting all data collected on water table levels in observation wells and the production well. During the first year of operation the wells should be monitored weekly and monthly thereafter. The annual report shall also provide flow meter data and records of power consumption. 22. Each future phase of the Gan Shalom cemetery shall require a hydro- geology ydrogeology report that provides data on the experience gained during the preceding phase(s) and analyzes the water demand for the next phase, establishing that there is an adequate water source. Furthermore, the 14 report shall verify that production of the water for the next phase is consistent with applicable County,Regional, State and federal regulations in effect at that time,and that increased water usage by the next phase will not compromise then.-current needs of adjacent/nearby property owners. The report shall be subject to review and approval by the Zoning Adminis- trator. Approval of grading and construction permits for each future phase shall be dependent on documentation of an adequate water supply to support the expanded cemetery use, or identification of alternative procedures (e.g., use of recycled water, use of a ground cover requiring less water) as needed to satisfy the requirements of this measure. 23. If the water table level in observation well P4 is drawn down 10 feet or if P3 is drawn down 6 feet below baseline levels, the Zoning Administrator shall be notified within 72 hours and hydrology re-evaluation shall be performed. These levels of drawdown do not constitute an impact,but are considered an early notice that the situation warrants study. The required report shall evaluate the data to determine the relationship of the water levels to pumping, and provide measures to protect water levels from drawdown considered excessive under the circumstances. The cemetery is not required to cease pumping in the interim,but shall attempt to reduce pumping as much as feasible while continuing to.maintain irrigated areas. The cemetery shall implement such additional measures as the Zoning Administrator may require after reviewing the report. 24. If the water table level in observation well P4 is drawn down more than 15 feet below baseline level, all pumping will be suspended until such time as the water table level in P4 rises to 10 feet below baseline Level, at which time pumping may resume subject to Condition 21. In addition to the preliminary baseline data submitted under Condition 22, data shall continue to be collected and submitted to establish a refined baseline using two years of measurement, to more closely reflect seasonal fluctuations. The refined baseline levels for the production well and monitoring wells to be used for future monitoring shall be agreed upon by the Community Development Department and Health Services Department using the two years of measurements. Maintenance Building 25. Prior to construction of the maintenance building in Phase 5, provide a Site Plan/Landscape Plan that shows a)fencing details for the maintenance yard, b)elevations of the maintenance building, c)adequate parking areas for commute vehicles of employees who work at the maintenance building, d) space for all Gran Shalom equipment and supplies, and e) a landscape plan for the perimeter of the maintenance yard. 15 Endowment Care Fund 26. Prier to issuance of the first building or grading permit, submit details of the Endowment Care fund for review and approval of the Zoning Administrator. The structure of this fund shall fury comply with the laws and regulations of the State of California governing such funds for cemeteries, and shall be sufficient to assure perpetual maintenance of the cemetery. Fire Protection District 27. Prior to issuance of the first building permit and with each subsequent building permit, provide evidence that the project is in compliance with the requirements of the Contra Costa County Consolidated Fire Protection :District. Application Processing Fees 28. This application is subject to a deposit of$2,813.00,which was paid with the application submittal, plus time and material costs if the application review expenses exceed 100% of the initial fee. Any additional fee due must be paid within 60 days of the permit effective date or prior to use of the permit whichever occurs first. The fees include costs through permit issuance plus five working days for file preparation. You may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. Applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the County Ordinance Code. Any exceptions must be stipulated in these conditions of approval. Conditions of Approval are based on the plan submitted to Community Development on October 10, 2002, COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT AND PRIOR TO INITIATION OF THE USE PROPOSED UNDER THIS PERMIT, General Requirements 29. Improvement plans prepared by a registered civil engineer shall be submitted to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this land use permit. These plans shall include any necessary traffic signage and striping plans for review by the Transportation Engineering Division. 16 Road Dedications 30. Applicant shall convey to the County, by Offer of Dedication, additional right of way along Bear Creek Road (where applicable)to provide a road alignment that will allow for the creek bank north of the road to erode to its natural limits. The applicant shall submit a 60-foot wide right of way alignment to the Public Works Department, Engineering Services Division, for review. The alignment shall be outside the expected limits of creek bank erosion that, at a minimum, should be assumed to be at a 11,!2:1 slope from the south toe of the creek (with the exception of the vicinity of the 72-inch diameter culvert crossing under Bear Creel{Road). Additional right of way to accommodate channelization and transitions at the main project entrance may also be required. 31. Applicant shall convey to the County,by Offer of Dedication,the right-of- way necessary for the planned width of 50 feet along Hampton Road. The ultimate right-of-way on the west side of Hampton Road was recently dedicated as part of Subdivision MS 02-0004, The subject property's right-of-way dedication shall conform to the neighbor's dedication,being 50 easterly therefrom. Roadway Improvements 32. Construct pavement widening, necessary longitudinal and transverse drainage along Bear Creek Road to accommodate left-turn channelization for westbound traffic entering and existing the project site. Said channelization shall include a 60-foot storage lane for westbound vehicles entering the project site. Improvements will also include all safety markings and signage off-site as may be required by the Public Works Department. Public Works and the Zoning Administrator may reduce these requirements if deemed necessary due to topographic constraints that may come to light during the improvement plan review process. 33. Widen and overlay(or reconstruct,if necessary)Hampton Road to provide a minimum 28-foot pavement width with 4-foot shoulders, necessary longitudinal and transverse drainage from Bear Creek Read to the proposed driveway entrance near the maintenance facility. These improvements roust be completed or otherwise secured prior the issuance of encroachment permits for the Hampton Road driveway connection. 34. All vehicular entrance gates shall be located sufficiently distant from the through traffic travel way to allow a vehicle to queue without obstructing traffic. Sufficient room} shall be provided outside the gate to allow a vehicle to turn around and re-enter the through street in a forward direction. 17 Sight Distance 35. Provide sight distance at all driveway intersections with Bear Creek Road and Hampton Road for a through traffic design speed of 40 mph. Access to Adjoining Property Proof of Access 36. Applicant shall furnish necessary rights of way, rights of entry, permits and/or easements for the construction of off-site,temporary or permanent, public and private road and drainage improvements. 3T Encroachment permits from the County are required for all construction activity within the existing right-of-way of Bear Creek Road and Hampton Road Pedestrian Facilities 38. All public and private pedestrian facilities and access ways shall be designed in accordance with Title 24 (handicap access) and the Americans with Disabilities Act. This shall include all sidewalks, paths, trails, driveway depressions, as well as handicap ramps. Utilities/Undergrounding 39. All new utility distribution facilities shall be installed underground. Drainage Improvements Collect and Convey 40. The applicant shall collect and convey all storm water entering and/or originating on this property without diversion and within an adequate storm drainage facility,to a natural watercourse having definable bed and banks, or to an existing adequate public storm drainage facility which conveys the storm waters to a natural watercourse, in accordance with Division 914 of the Ordinance Code. 41. Storm drainage facilities required by Division 914 shall be designed and constructed in accordance with specifications outlined in Division 914 and in compliance with design standards of the Public Works. 42. Applicant shall prevent storm drainage from draining across the sidewalk and driveway in a concentrated manner. 18 Excerptions 43. - Applicant shall be permitted an exception to allow discharge of storm water to roadside ditches provided the applicant verifies the adequacy of the downstream ditch system. Creek Structure Setback 44. Applicant shall relinquish "development rights" over that portion of the site that is within the structure setback area of the creek traversing the property. The structure setback area shall be determined using the criteria outlined in Chapter 914-14, "Rights of Way and Setbacks" of the Subdivision Ordinance. "Development rights" shall be conveyed to the County by grant deed. Encroachment of existing structures and routine maintenance thereof will be allowed within the "restricted development area." National Pollutant Discharge Elimination System (NPDES) Requirements 45. The applicant shall comply with the County's Storm.Water Management. and Discharge Control Ordinance(Ord. 9 96-21)and all rules,regulations and procedure of the National Pollutant Discharge Elimination System (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or the San Francisco Bay Regional Water Quality Control Board. A "Best Management Practices" (BMP) pian shall be developed in conjunction with a Storm Water Pollution Prevention Plan and submitted for review and approval by the Public Works Department and Grading Section of the Building Inspection.Department. BMPs to be considered shall include, but not be limited to: * Minimize the amount of directly connected impervious surface area.. * Slope pavements to sheet flow onto planted surfaces. * Prohibit or discourage direct connection of roof and area drains to storm drain systems. * Stenciling advisory warnings on all catch basins. * Trash bins shall be sealed to prevent leakage,OR, shall be located within a covered enclosure. * Develop a perpetual maintenance program for on-site clean water/drainage facilities. * All vehicle and equipment maintenance and storage of vehicle fluids shall be within a building, or on a paved surface that is 19 covered to prevent exposure to precipitation and where run-on of storm water has been minimized (elevated pad, berm, etc.). Drips and spills shall be absorbed (grease sweep) with absorbent materials and then disposed of properly. Provide covered storage for hazardous materials, pesticides, fertilizers, etc, to prevent discharges into the storm drain system. Vehicle/equipment washing shall occur off-site at an appropriate vehicle wash facility. • Develop an employee training and education program to inform employees of the need for the reduction in pollutants leaving the site, and to inform them of appropriate methods of handling potential contaminants. • Other alternatives, equivalent to the above, as approved by the Public Works Department. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL, BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER. LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DE'VELOPMEN'T'. A. This project may be subject to the requirements of the Department of Fish and Game. It is the applicant's responsibility to notify the:Department of Fish and Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources,per the Fish and Game Code. B. This project may be subject to the requirements of the Army Corps of Engineers, It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained. C. This project is subject to compliance with the Bridge/Thoroughfare Fee Ordinance requirements for the Briones Area of Benefit, and the WCC Regional Fee Area of Benefit as adopted by the Board of Supervisors. These fees must be paid prior to issuance of building permits. D. Portions of this project are located in a Special Flood Hazard Area as designated on the Federal Emergency Management Agency's Flood Insurance Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance program and the County Floodplain Management Ordinance(Ordinance No.99-3 5)as they pertain to future construction of any structures on this property. 20 E. Additional requirements may be imposed by the Fire District or the Building Inspection Department. It is advisable to check with these departments prior to requesting a building permit or proceeding with the project. F. The Building Inspection Department will require three sets of building plans which must be stamped by the Community Development Department and by the County Health Services Department. G. Comply with the requirements of the Health Services Department, Environmental Health Division, H. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS,OR OTHER.EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et. seq, the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day(90)period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the Community Development Department within 90 days of the approval date of this permit. crvias C:\MMOWS\Tamporary IntemetFileslContent.IE5\Ui11IZAH\LP022068rpt-CCAF'indLigs-March04.wpd 3118/4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ` Adopted this Order on August 4. 1987 by the following vote: AXES: Supervisors Powers, Fanden, Schroder, Torlakson b AcPeak NOES: None ASSENT: None ABSTAIN: None SUBJECT: A Joint Resolutior 'of the ) RESOLUTION NO: 87/483 Cities of Martinez, Pleasant ) r Richmond, San. Pablo, Pinole, Hercules and Contra Costa ) County establishing an ) agricultural preservation area) in the Briones Hills. ) WHEREAS, the lands within the Briones Hills are generally planned for agricultural or other open space uses by the County and the cities as defined in Section 66560 of the Government Code; and iiA "predom�nant use o1' land in this area is for agricultural and grazing purposes, with secondary uses being for parks and watershed purposes, and - WHEREAS; lands within the Briones Hills lying between the Hest County cities and Communities and the Central County cities are difficult to serve with sewer, water, police and other urban services; and WHEREAS, the lands within the area are generally designated as Open Space; Agricultural Lands, Parks and Recreation, Watershed or other compatible open space categories on the adopted County and city open space plans; and WHEREAS, the lands are generally located outside of LAFCO adopted municipal or urban service district spheres of influence, and WHEREAS, the County and the affected cities, hereby declare that the lands described below are worthy of retention in agricultural and other open space -uses for the overall best interests of the Cities, the County and the State; and NOW THEREFORE BE IT RESOLVED by the Contra Costa County Board of Supervisors and the City Councils of Martinez, Pleasant Hill, Lafayette, Orinda, Richmond, Pinole, and Hercules hereby all agree to a policy of non-annexation to urban service districts and cities for agricultural and open space properties which would lead to urban development between these cities bounded generally as described below and as shown on Exhibit A of this resolu- tion- - on the east and south by the Martinez,,Pleasant Hill, Lafayette and Orinda City Spheres of Influence , - on the west by the Richmond, Pinola and Hercules City Spheres of Influence • on the west and north from Rodeo to Martinez by the LAFCO adopted sewer sphere of influence boundary and the Solano/Contra Costa County line. lips RESOLUTION 87/483 BE IT FURTHER RESOLVED that the Board of Supervisors and the aforemen- tioned City Councils request the Local Agency Formation Commission of Contra Costa County to honor this agricultural preservation agreement for this area and to continue to act in a .manner consistent with the preservation of the aforementioned lands for agricultural and other open space purposes; and BE IT FURTHER RESOLVED that this agreement will be reviewed by the paricipating agencies after results of the decennial Federal Census are avail- able; any proposed changes shall be considered in concert with the LAFCO review of sphere of_influence for cities and agencies;and BE IT FURTHER RESOLVED that should incorporated lands within the Briones Hills area become detached from'the signatory cities and become unincorporated land, that area shall be included within this agricultural preservation area established by this resolution without further action by the parties hereto;.- and BE IT FURTHER RESOLVED that this resolution is not intended to affect the property rights of land owners under the existing General Plan and zoning (including the right to apply for 5 acre parcels) t fWby eeritty that Wa Is a true and corrref copy of as action takan and enfered on the minutes of the Board of Sup,Mdears on the date staown. TTSSTEM PHIL SAT CHE OR,Clark of the Board of Supervisors and County Admints[rotor BY ,Dapuiy c.-: Community Development County Counsel County Administrator LAFCO All Cities _ � a GR[3CKETT ., PROPOSED ERI PRESERVE ARE NORTH .•� SCAAL.E:1""BOOO' .. .. . *i r.._rr• ." "*t' ;i � / .• �• • +!4 � .+..a + •Z i � �► +..�� t.'i�� i��'�t, �'•✓ y' +'a'r+f .�1� ?,,� f•�• i ��` s; � � .,� i � �� ��f�.� ,.�� ' row..."�', `` ,.,,_ : ' � ♦1. w . ' -,�. .;� MARTINEZ { ULES • �, 4 + i+ l; itf`;;. "� #'�&t.gs'a,'4 �.♦ ~'ti.. .+..t n r.,, „ �„r `� v.� it •. `- r . *' ..�'w..>Ai ..°...� -f 1 . � r_ ` +v '?• "�l°Y" •s •+� �'k�,.t 'rot>t>zf�,i,a.� 7" - e,,,°' . !r _ r .�.. ` .'*'trya"` 1 - 4 + i I .+,` + f +eSi .jf '.cxw• s r o a t CL ION . r Ya .i� + " ar: �� t axSi�+',`�'Y i`�'•t� '{ "'�' �r � '..a moi. � ti�<` F9t 1 E ' ..ytt "i..a �i�5ie'� -°! - s + rti.. �t �`�� , fir•. f t� ✓. +.. t ,r ra v ,�,s,�r# 1.��w r A A. :ii a a .'r r + •w 4', ,r+.��i.i. r 5,♦ •,w"!� ��tri'Y `4� '!', fi.,i1 F w` w� y.♦ 7 ! 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GNU°y' ' 'av IP .104 O"C�+ 4. +K Ci ts 45 `°'a"�° Q "� a � }�•.c U'e�x � �"-° ° � "�°' :Z. a.c?� 6 Eu u c. oft, < m e Lj At Cx 1 ti s r u tD VA AIA r o � � tL U 11 D g Y.�` 0•'.� A"I "rte�3 03, y "Ila y G'd 06��Q� :q rim �u 83 ct 'a'Qi Pro.cb1 .-� �V�'"C'� �.r4:� Ki it m 9V o t o �� ! t �a ad A A A U U U j t • � ! i DDn�q c. y b •� a« °a q ti •� G y.L". Ay O v p r�r�� T S•� b I 1 'tt"�,,�,is ro.D Yi'� � p � U'`� C•„�' D u' 1 N C W m u :cam ❑ ,� u 3pc$_ � c�A 5t5i•�'nA`p ! ! II O u C•N E3 ! ty y �r'I'. C. ��' 4•a.x ..uQ g°vD a v i EA a v [ 0 3'� ,C v O V U u 3 r 1 z3p `° �'� o•� o of�.�� �n >' � �u ° � �'� ii x n�oE13 i i i>'m ,5,nCr � d � C � � B � a � apsy � gm�i II ��o 0 3,n c.... a'�.n w• ,� ER _ a ❑ p ❑• .�u •a'o.`" u as j 'osYrav`a n w c �'cJ' E rj if 3•cl I o bs Hm�. o O.ga -en .'"-.G. au .U.vro a it,F<k `.7`w'w'a ❑� 8� I i jl � I a U v January 20,2004 Carole Dwinell Briones Hips Preserve Alliance O' i ¢ os 201 Bear Oaks Court. P.C.Box'1562 Martinez,CA 94553 Martinez,CA 94553 Contra Costa Community Development Department 651 Pine Street Martinez,CA 94553 To the Contra Costa Board of Supervisors: Request for Appeal of the County Planning Commission Decisionf13 January 2004 As a representative of the Briones Hills Preserve Alliance,(BHPA)I am formally requesting a Hearing before the Contra Costa Hoard of Supervisors regarding the Proposed Gan Shalom Cemetery,County File#LP022068 for,but not limited to,the following reasons: • The Contra Costa County Planning Commission is ignoring County Resolution No. 871483, which was intended to protect the Briones Hills area. •. Mitigation measures described within the CEQA Initial Study for the project cemetery in fact neither reflect nor resolve issues concerning area.water.While the residents of the area.,in good faith as early as.duly 2002,requested that the well be tested in both the Spring when local wells are recharged from the winter rains AND in the Fall when after the summer dry season all the wells being used on adjacent properties and those properties nearby experience low flow, this request was ignored. • In the staff report for the Nearing on December 1+6,Allan Moore,Esq.pointed out clearly that CEQA and the CEQA Guidelines in all close uses,show a clear preference for the drafting of an EIR. I quote..."Ari EIR.is required whenever substantial evidence in the record shows even a fair argument that significant impacts may occur.In such case, even if other evidence in the record supports a different conclusion,the City(in this case, the County)must prepare an EIR." and further states "that the County pay close attention to the comments of S.S.Papadopulos &Associates with regard to damage to the local, fragile water supply." • Dr. Gordon Thrupp,who represented S.S.Papadopulos&Associates and the BHPA at the Tuesday,January 13 Planning Commission Hearing was constantly interrupted by the Chairman and Commissioners.The County was notified in advance that Dr.Thrupp intended to make an overhead presentation to the Commission.A screen and (BHPA provided)overhead projector was set up but members of the commission complained that they could not see the screen.These complaints exhausted a portion of Dr. Thrupp's allocated three minutes.Dr.Thrupp during the question period after his would be from 8:30 until dusk.During Pacific Daylight Time,dusk is at Q PM and that certainly does encompass commute hours. Not quite what the traffic report would have one believe since it was done for only two hours from 1 PM to 3PM on a Tuesday and then only at the less traveled intersection..The actual traffic collection data was NOT in the CEQA Initial Study,only a summary that slid not indicate the time frame of the actual data collection. These and other substantive facts require closer examination by the Supervisors. There is no mention of what would happen if the valley runs out of water.Residents will truck water, and continue to live under drought-like conditions should it be necessary. After all, we do it every single summer.The Gan Shalom plan,as approved by the Planning Commission does not adequately address this issue now,or as cemetery expansion occurs in the future. An Appeal is necessary to present these and other questions to the Beard of Supervisors and to the public. It is necessary for all our information to be placed in the record. Please let me know when there is a date available on the Contra Costa Board of Supervisors calendar and we will be there. Most Sincerely, Carole Dwinell Attachment. Filing Fee Payment: Briones Hills Preserve Alliance Check#1010 for $125.00 �r co 'ry XW, �r T Gan Shalom Inc Environmental Health, DK Associates 3315 Stagecoach Or Health Department 1440 Maria Lane Suite 200 (interoffice) Walnut Creek, Ca 94596 Lafayette, Ca 94549 c/o Sherm Quinlanl P/W Flood Control P/W Engineering Services P/W Traffic 1 1 1 Edward Shaffer Shawn Munger Engen Inc P/W Special Districts Archer Morris 2401 Craw Canyon Rd P.O. Bax 8035 Suite 240 Walnut Creek, Ca 94596-3728 San Ramon, Ca 94583 Allan C. Moore Cordon Thrupp East Bay Regional Park District Gagen, Mccoy, McMahon & Armstrong S.S. Papadqpulos & Associates 11500 Skyline Blvd € .O Box 218 217 Church Street Oakland, Ca 94619-2443 Danville:, Ca 945215 3 San Francisco, Ca 94114-1310 USDA Soil Conservation Service U.S. Fish & Wildlife Service Contra Costa County Fire Protection Office of Land and Conservation Divisions of Ecological Services District 801 K. Street, M513-71 2800 Cottage Way # W2605 2010 Geary Road Sacramento, Ca 95814 Sacramento, Ca 95825-1888 Pleasant Hill, Ca 94523 Clo Larry Soenen Attn: Tohnny C.H. Young Tina Batt, Executive Director Contra Costa Water District City of Martinez Muir Heritage Land Trust 1331 Concord Avenue 529l4enrietta Street P.O. Box 2452 P.O. H2O Martinez, Ca 94553 Martinez, Ca 94553 Concord, Ca 94524 Jeremy Wire Contra Costa Mosquito Geoconsultants, Inc LAFCO Abatement District 155 Mason Circle 1450 Koll Circle, Ste. 114 (INTEROFFICE) Concord, Ca 94520 San Jose, Ca 95112--4612 CIO Charles Beesley District CC Resource Conservation Main Library, Pleasant Hill District (2 -interoffice) 5552 Clayton Road Concord, Ca 94521 APN 267-060-004-4 ; APN 267-080-001-6 - APN 267-100-001-2 �- EAST BAY MUNICIPAL UTILITY EAST BAY MUNICIPAL UTILITY EAST BAY MUNICIPAL UTILI l,Y 2130 ADELINE ST 2130 ADELINE ST 2130 ADELINE ST OAKLAND CA 94607 OAKLAND CA 94607 OAKLAND CA 94507 APN 267-110-008-5 , APN 365-010-001-3 APN 365-010-007 -- EAST BAY MUNICIPAL UTILITY EAST BAY MUNICIPAL UTILITY JERRY L & VALERIE C TAYLOR P O BOX 24055 6001 PINOLE VALLEY RD 105 HAMPTON RD OAKLAND CA 94623 PINOLE CA 94564 MARTINEZ CA 94553 APN 365-010-009-6 /' APN 365-030-088-6 / APN 365-030-108-2 JOHN & KATHERINE T MALTSBERGER HETTY DUTRA WILBUR T &ARLENE S TRE DALY 101 HAMPTON RD 1151 BEAR CREEK RD 624 HIDDEN LAKES DR MARTINEZ CA 94553 MARTINEZ CA 94553 MARTINEZ CA 94553 APN 365-030-109 ! APN 365-280-001-6 r-'' APN 365-280-002-4 EAST BAY MUNICIPAL UTILITY CALLIOPE ENTERPRISES LLC GEORGE A TRE HESS P O BOX 24055 1131 BEAR CREEK RD 1141 BEAR CREEK RD OAKLAND CA 94623 MARTINEZ CA 94553 MARTINEZ CA 94553 APN 365-280-003-2 / APN 365-280-008-1 y'' APN 365-280-009-9 BRUCE W & CATHY A FELTER GERALD C & CAROL BEARDEN BETTY TRE TAYLOR 1085 BEAR CREEK RD 1105 BEAR CREEK RD 1075 BEAR CREEK RD MARTINEZ CA 94553 MARTINEZ CA 94553 MARTINEZ CA 94553 APN 365-280-010-7 SCOTT W & KATHERINE H COMPTON 1115 BEAR CREEK RD MARTINEZ CA 94553 Labels of interested parties Van Bond Bruce &Kathy Felter for LP022068 6001 Alhambra Valley Rd. 1085 Bear Creek Rd Martinez, Ca 94553 Martinez, Ca 94553 Hetty Dutra Eric Reed George&Linda Hess Gary&Delores Burg 1151 Bear Creek Rd 1141 Bear Creek Rd 1214 Bear Creek Rd Martinez, Ca 94553 Martinez, Ca 94553 Martinez, Ca 94553 John &Amy Fouhy Frank &Teri Nunes Lowell Burke 1218 Bear Creek Rd 1220 Bear Creek Rd 1280 Bear Creek Rd Martinez, Ca 94553 Martinez, Ca 94553 Martinez, Ca 94553 John &Katie Maltsberger Jerry&Valerie Taylor Barbara Smith 101 Hampton Rd 105 Hampton Rd 105a Hampton Rd Martinez, Ca 94553 Martinez, Ca 94553 Martinez, Ca 94553 Frank&Eleanor Nunes Selvin Craine Vicki Smith 1013 / 1015 Garcia Ranch Rd Teri Orgaizon 1215A Garcia Ranch Rd Martinez, Ca 94553 1215 Garcia Ranch Rd Martinez, Ca 94553 Martinez, Ca 94553 Leonard &Marie Miller Martha Terstegge Sharon Williamson 2331 Rancho Del Lago 2331A Rancho Del Lago Ronnie Branbau Martinez, Ca 94553 Martinez, Ca 94553 1041 Boca Canada Rd Martinez, Ca 94553 Gale De Rosa Lawrence & Shawntelle Nunes John&Patricia Nunes Sheral Shortz 1166 Rainbow Dr 1014 Village Oaks Dr. 1049 Boca Canada Rd Martinez, Ca 94553 Martinez, Ca 94553 Martinez, Ca 94553 Edward& Carla Nunes Matt &Theresa Taylor Anthony Nunes 306 Bear Oaks Ln. 2426 Monterey Ave 1015 Garcia Ranch Rd. Martinez, Ca 94553 Martinez, Ca 94553 Martinez, Ca 94553 Flom Graham Roberts Scofield Paul &Barbara Brooks 100 Bear Oaks Dr 401 Bear Oaks Dr 450 Bear Oaks Dr Martinez, Ca 94553 Martinez, Ca 94553 Martinez, Ca 94553 Rose Bridigam Roger Howe W. J. Mulcahy 500 Bear Oaks Dr 610 Bear Oaks Dr 620 Bear Oaks Dr Martinez, Ca 94553 Martinez, Ca 94553 Martinez, Ca 94553 Doug Hutchens Al &Denise Humbert Roger& Carole Dwinell 621 Bear Oaks Dr Robert Crawford 201 Bear Oaks Dr Martinez, Ca 94553 200 Bear Oaks Dr Martinez, Ca 94553 Martinez, Ca 94553 Michael & Claudia Dwinell Beth Dwinell Brian& Chris Wicks 201 Bear Oaks Dr 201 Bear Oaks Dr 206 Bear Oaks Dr Martinez, Ca 94553 Martinez, Ca 94553 Martinez, Ca 94553 Matt &April Ennis Resident Resident 212 Bear Oaks Dr 223 Bear Creek Oaks Ct 225 Bear Creek Oaks Ct Martinez, Ca 94553 Martinez, Ca 94553 Martinez, Ca 94553 Resident Adam Nathanson Linda Sutton 5458 Fernhoff Dr 224 Bear Creek Oaks Ct 230 Bear Oaks Ct Oakland, Ca 94619 Martinez, Ca 94553 Martinez, Ca 94553 Bertoli John &Pat Menegheti Edward & Carla Nunes 300 Bear Oaks Ln. 301 Bear Oaks Ln. 306 Bear Oaks Ln. Martinez, Ca 94553 Martinez, Ca 94553 Martinez, Ca 94553 Stephen Cali Gooch Gary&Barbara Wendorff 312 Bear Oaks Ln. 329 Bear Oaks Ln. 339 Bear Oaks Ln. Martinez, Ca 94553 Martinez, Ca 94553 Martinez, Ca 94553 Edward H. Jenny Patrick Barthel 1299 Bear Creek Rd 571 Tannet Ct Orinda, Ca 94563 Pleasanton, Ca 94566 Shawn Munger Ed Shaffer Speakers at 12/16/03 meeting Engeo lnc 2033 N. Main St 9 800 LP022068 2010 Crow Canyon Rd, Ste##200 Walnut Creek, Ca 94596 San Ramon, Ca 94583 Steve Adams Shalom Eliahee Jack Chapman 437 Derby Dt 3315 Stage Coach Dr 2 Valley Ct Pleasant Hill, Ca 94523 Lafayette, Ca 94549 Orinda, Ca 94563 Jared Goldin Melody Howe Weintraub Roberto Graetz 931 Kenilworth Ct 3903 Happy Valley Rd 2236 Comistas Dr Walnut Creek, Ca 94596 Lafayette, Ca 94549 Walnut Creek, Ca 94598 Lynn Sugayan Tim McDonough Terri Dubrasich 1071 Pereira Rd 1676 Sandra Ct 3658 Happy Valley Rd Martinez, Ca 94553 Pinole, Ca 94565 Lafayette, Ca 94549 Jeffrey Cook Nancy Fleischauer Dianne Pereira P.O. Box 5613 1051 Boca Canada Rd 6050 Alhambra Valley Road Hercules, Ca 94547 Martinez, Ca 94553 Martinez, Ca 94553 Ken Reiss Sheila Guess Adam Nathanson 65 Rancho De La Rosa 4060 Happy Valley Rd 224 Bear Oaks Ct Martinez, Ca 94583 Lafayette, Ca 94549 Martinez, Ca 94553 Chris Bearden Allan Moore 1105 Bear Creek Rd 279 Front St Martinez, Ca 94553 Danville, Ca 94526 Speakers at 1/13/04 meeting David Bressler David Eliaser LP022068 135 Ergelia Trail 4482 Stone Canyon Ct Alamo, Ca 94507t Concord, Ca 94521 Julie Magilen Paul Menaker Shoshana Eliahu 1086 Alamo Ct 176 Draeger Dr 3315 Stage Coach Dr Pittsburg, Ca 94565 Moraga, Ca 94556 Lafayette, Ca 94549 Joe Drakin Phyllis Ceaser Harvey Ceaser 1 Corte Azul 22 San Jose Ct 22 San Jose Ct Moraga, Ca 94556 Walnut Creek, Ca 94598 Walnut Creek, Ca 94598 Deanne&Frank Winer Susan Lefelstein Ronald Gross 780 Raycliff Place 4425 Kearsarge Ct 34 Ichabod Lane Concord, Ca 94518 Concord, Ca 94518 Orinda, Ca 94563 Rev./David Sammons Barbara Johnston Resident 55 Eckley Lane 41 Wanda Way 381 Read Dr Walnut Creek, Ca 94596 Martinez, Ca 94553 Lafayette, Ca 94549 Richard Sch`variz Susan Adler Larry Wanetick 174 Tnoli Lane 135 Erselia Trail 764 Lisboa Ct Danville, Ca 94506 Alamo, Ca 94507 Walnut Creek, Ca 94598 Gordon Freeman Debi Mishael Karen Marriner 68 Oakdene Ct 4412 Shellbark Ct 2140 Carrol Road Walnut Creek, Ca 94596 Concord, Ca 94521 Walnut Creek,Ca 94596 Ed Shaffer Lynn Sngayan Shawn Munger Archer Norris 1071 Pereira Rd 2010 Crow Canyon Place. #250 Walnut Creek, Ca 945959$ aMain St# Martinez, Ca 94553 San Ramon, Ca 94583 ln Eliot Kenin Mark Andrews John Bereira 1071 Pereira Rd 1018 Dyer Road 6050 Alhambra Valley Rd Martinez, Ca 94553 Lafayette, Ca 94549 Martinez, Ca 94553 Frank Numes Amy Chao Beth Dwinell 1220 Bear Creek Rd. 597 Center Ave# 320 212 Farm Lane Martinez, Ca 94553 Martinez, Ca 94553 Martinez, Ca 94553 Gordon Thrupp Patricia Rusich Hal Olson 319 Cortland 239 Sunset Dr 22 Wanda Way San Francisco, Ca 94110 Hercules, Ca 94547 Martinez, Ca 94553 Peggy Alden Bruce Felter Matt Taylor 1205 Bear Creek Rd 1085 Bear Creek Road 2426 Monterey Ave Martinez, Ca 94553 Martinez, Ca 94553 Martinez, Ca 94553 Shiela Guess Gabe Averbach Patricia Urder 4060 Happy Valley Rd 1547 Palos Verdes 1085 Pereira Rd Lafayette, Ca 94549 Walnut Creek, Ca 94597 Martinez, Ca 94553 Lawrence Nunes Jessie Crane Thomas P. Greerty 100 Via Domingos 1170 Garcia Ranch Rd attorney at Law 917 Las Juntas Street Martinez, Ca 94553 Martinez Ca 94553 Martinez, Ca 94553 ::.i::::::::::::::gip:::. '::::.4'•::: :::.:f'::::.:::.: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.::::.::::::::::.:. ::.:::. ::.::::.:.::::::::::::::::.:::::::::::.::.:::::::. ::.:::.::.::.::::::::::.�:::::::::::.�.:�:::::::::::.�:.�:::.�.:�::.�.�::.�:::::. ................................11.............................I.....I...........I........ ..........................................................................:. , .............................................................................................................,........,."................,...................,..�...,...........,. ................ -.. ................................................I......................................... I..,....................................................................................... . ......................................................................................... ..........�...............................................................�................. .. .... ...................................................................................I...... '� .`�M ......................................................................................... .. .: .... 1 .. . �: .... . Agenda Item 9 Community Development Contra Costa County CONTRA COSTA COUNTY PLANNING COMMISSION TUESDAY DECEMBER 16. 2003 1. INTRODUCTION GAN SHALOM,INC. (Applicant&Owner),County File#LP022068: The applicant and owner request approval of a land use permit for the establishment of a cemetery on a 83- acre property. Cemetery uses would be restricted to approximately 30 acres of the property (the lower and flatter portions of the site). A private open space corridor is proposed along Pinole Creek (100-foot setback from top of creek bank is proposed). Additionally, the surrounding hills are to be retained as private open space. The only use anticipated in the hills is the construction of one or more water storage tanks. The property is located in the south quadrant of the Bear Creek Road/Hampton Road intersection. Additionally, a small portion of the site is on the northeast side of Bear Creek Road immediately south of the Hampton Road intersection, in the Martinez area (A-2) (ZA:J-9 & K-9) (CT3560.02) (Parcel 365-010-008). 11, RECOMMENDATION A. Find that on the basis of the whole record, including the Initial Study and the comments received, there is no substantial evidence that the project with mitigation measures will have a significant effect on the environment; and find that the Mitigated Negative Declaration reflects the County's independent judgment and analysis. B. Find that the documents and other materials that constitute the record of proceedings upon which the County Planning Commission's decision is based may be found at the Community Development Department, 651 Pine Street, Martinez, CA,the custodian of the records. C. Adopt the Mitigated Negative Declaration for purposes of compliance with CEQA. D. Approve the land use permit subject to conditions of approval, E. Adopt the Mitigation Monitoring Program. 11I. GENERAL INFORMATION A. General Plan: The property is designated Agricultural Land (AL) in the Land Use Element. This land use designation includes most of the privately-owned rural lands in the County, excluding private lands that are composed of prime soils or lands that S-2 are located in or near the Delta. Most of the AL lands are in hilly portions of the County and are used for grazing livestock, or dry grain farming. The category also includes non-prime agricultural lands in flat East County areas, such as outside Oakley, which are planted in orchards and vineyards. The purpose of the Agricultural Lands designation is to preserve and protect lands capable of, and generally used for, the production of food, fiber, and plant materials. The title is intended to be descriptive of the predominant land-extensive agricultural uses that take place in these areas, but the land use title or description shall not be used to exclude or limit other types of agricultural, open space or non-urban uses (such as cemeteries). The maximum allowable density in this category is one dwelling unit per 5 acres. The uses that are allowed in the Agricultural Lands designation include all land- dependent and non-land dependent agricultural production and related activities. The only Land Use Element policy that is specific to the Briones Hills is Policy 3-135, which is presented below: Policy 3-155 This plan strongly supports the intent of the Briones Hills Agricultural Preservation Area compact that was signed by the County and the cities of Martinez, Pleasant Hill, Walnut Creek, Lafayette, Orinda, Richmond, Pinole, and Hercules in 1988. The compact states that the jurisdictions voluntary agree not to annex any lands within the 64 square mile area for the purposes of allowing urban development (see General Plan Figure 3-4). This rural area includes large properties oivned by either the East Bay Municipal Utility District or the East Bay Regional Park District, which are designated "Watershed" and "Parks and Recreation" on the General Plan land use snap. The remaining properties are used prinxarily for grazing cattle and are designated "Agricultural Lands. " This plan anticipates that the area will remain in public and agricultural use during the planning period. 1. Urban Limit Line. The property is outside the Urban Limit Line (ULL). The purpose of the ULL is to: 1) enhance preservation of identified non-urban agriculture and open space; and 2) facilitate enforcement of the 065/35 Land Preservation Standard. In effect, the intent of the ULL is to direct residential, commercial/business and industrial uses to sites that are within the designated urban area. 2. Open Space Element. The.most appropriate uses in"Open Space"areas involve resource management,such as maintaining oak woodland,natural water courses or habitat for special status species. Table 1 presents selected Open Space S-3 policies. The Open Space Element also identifies officially designated "scenic ridges." According to this map, there are no scenic ridges on-site. 3. Transportation and Circulation Element. This Element of the General Plan indicates that Bear Creek Road is a scenic route (page 5-33). Scenic route policies and implementation measures are presented on page 5-32 (see Policies 5-34 through 5-43). These policies are intended to preserve and enhance attractive natural qualities adjacent to the various scenic roads throughout the County. Selected Scenic Resource policies are presented below. Table I SELECTED OPEN SPACE ELEMENT.AND SCENIC RESOURCE POLICIES Overall Open space Policies 9-1 Permanent open space shall be provided within the County for a variety of open space uses. 9-2 Historic and scenic features,watersheds,natural waterways,and areas important for the maintenance of natural vegetation and wildlife population shall be preserved and enhanced. 9-5 The visual identities of urban communities shall be preserved through the maintenance of existing open space areas between cities and/or communities. 9-7 ©pen space shall be utilized for public safety, resource conservation and appropriate recreation activities for all segments of the community. 9-8 Development project environmental review will consider the effect of the project on the County's open space resources, I whenever the project proposes to convert substantial amounts of land from an open space designation to an urban development designation. Scenic Resources Policies 9-10 In areas designated for urban development,the principles outlined below shall be applied in the review of development proposals. 9-11 High quality engineering of slopes shall be required to avoid soil erosion, downstream flooding, slope failure, loss of vegetative cover,high maintenance costs, property damages,and damages to visual quality. Particularly vulnerable areas should be avoided for urban development. slopes of 26 percent or more shall be protected and are generally not desirable for conventional cut-and-fill pad development. Development on open hillsides and significant ridgelines shall be restricted. 9-12 In order to conserve the scenic beauty of the County,developers shall generally be required to restore the natural contours and vegetation of the land after grading and other land disturbances. Public and private projects shall be designed to minimize damages to significant trees and other visual landmarks. 9-13 Providing public facilities for outdoor recreation should remain an important land use objective in the County,as a method of promoting high scenic quality, for air quality maintenance, and to enhance outdoor recreation opportunities for all residents. 9-14 Extreme topographic modification, such as filling in canyons or removing hilltops, shall be avoided. Clustering and planned unit development approaches to development shall be encouraged. All future development plans,whether large or small scale,shall be based on identifying safe and suitable sites for buildings,roads and driveways. Exemptions to this policy are appropriate for mining,landfill,and public projects in open space areas. 4. Conservation Element. This Element is concerned with issues regarding the identification, preservation and management of natural resources. According to Figure 8-1, the site is not identified as a significant ecological area. In Figure 8-2 of the Conservation Element, the site is within what is identified as important agricultural areas (primary grazing). S-4 The Conservation Element contains implementation measures for rural residential lots. Those measures include documentation of an adequate water source, adequate road access, septic tank leach fields that meet the requirements of the Health Services Department, evidence that the proposed parcels are reasonably free of hazards, adequate fencing to contain domestic animals and other measures (see General flan, pages 8-42 and 8-43). Although the proposed project is a cemetery, some of these policies are operative. B. Zoning: The property is designated General Agriculture(A-2). Chapter 84-38 oft-he Zoning Ordinance contains the ordinance code provisions of this district. The permitted uses include: a) all types of agriculture; b) erection of agriculture-related buildings; c) a stand not exceeding 200 square feet for sale of agriculture products grown on the premises; d) a detached single-family residence on each parcel and accessory structures; e) foster Table 2 home/family care home; and f) family SUMMARY OF ZONING STANDARDSFOR THE A-2 DISTRICT daycare home. Uses requiring a land use I Standard Lot Area: 5 acres �I permit are those listed in Section 84- IjAvg.width(min.): 25011- 38.404 s0ft.38.404 of the Ordinance Code. Other ID eptpth(Min.): 200 I provisions of the A-2 District are listed in Building Height(max): 35 ft Table 2. Setback Standards Side Yard(min.): 20 ft i Cemeteries are a special use. The Zoning Side yard(Aggregate): 40 ft i Livestock Structures: So ft Ordinance, Chapter 88-2, lists the Front Yard(min.): 25 ft i standards applicable to cemeteries. Rear Yard(min.): 15 ft According to Section 88-2.206, a land USB ilBuilding FFeight: 2'/,stories or 35#t permit can be granted for the establishment of a cemetery in the A-2 Zoning District, with approval of a land use permit. Article 88-2.4 identifies the submittal requirements for an application, along with listing the findings that must be made. Those findings are presented in Table 3. C. CEE A. An Initial Study prepared by staff was posted on November 6, 2001 It identified potential biologic resources, cultural resources and groundwater resources impacts, and identified mitigation measures. The project proponent submitted a letter (dated November 5,2003)agreeing to the mitigation measures,which allowed far the filing of a Notice oflntent to Adopt a Proposed Mitigated Negative Declamation. The S-5 period for accepting comments on Table 3 the adequacy of the environmental FINDINGS REQUIRED FOR THE documents extended to 5 p.m. on ESTABLISHMENT OF A CEMETERY December 8, 2003. 1. The establishment or maintenance of the cemetery will not jeopardize or adversely affect the public During the 30-day comment period, , health,safety,comfort,or welfare. written Comments were received 2. The establishment,maintenance,or extension will not reasonably be expected to be a public nuisance. from Governor's Office of Planning 3. The establishment,maintenance,or extension will and Research, agencies and not tend to interfere with the free movement of traffic individuals. Appendix A presents or with the proper protection of the public through the comment letters received during interference with the movement of police, ambulance,or fire equipment and thus interfere with the period Nov. 6th through Dec. the convenience of the public or the protection of the 8th. Appendix B presents lives and the property of the public. Comments on the project and 4. Demonstrate adequate financial ability to establish or CEQA documents from the firm of j maintain the proposed cemetery so as to prevent the proposed cemetery from becoming,a public nuisance; Gagen, McCoy, McMahon & and Armstrong, attorneys; and from the firm of S.S. Papadopulos c''ASSOC,, 5. The proposed cemetery is consistent with the General Plan of the County and will not interfere with the representing the BrioneS Hills orderly development and growth of the County. Preserve Alliance. Appendix C presents correspondence from the firm of Archer Norris, attorneys that represent that applicant. That letter responds to the issues and concerns identified by the attorney for the Briones Hills Preserve Alliance. Additionally, Appendix C presents a letter from LSA Associates, biologic resource consultants to Gan Shalom, Inc. It responds to a concern of the Fast Bay Regional Park bistrict about the potential occurrence of a special status-plant on the site. D. Permit Streamlining. The application was filed on July 25, 2002, On August 21, 2002, the applicant was notified that staff had determined the application to be "incomplete"and specific required items were identified that would be needed prior to further processing of the application. (The staff requested technical studies and data, along with refinements to the VTM.) During the fallowing month,the applicant's representative provided the supplemental information, and shortly thereafter work on the Initial Study commenced. During the preparation of the Initial Study, questions arose on the adequacy of groundwater resources, and the effect of the project's water use on other properties in the vicinity. Work on the Initial Study was delayed while a 24-hour pump test was performed, and during this time period the project proponent modified the project description to limit use of the well to non-potable uses. Specifically, well water will be used for irrigation and flush toilets. Water for drinking is to be provided by bottled water; in lieu of sinks to wash hands, the applicant has proposed use of wet towels. S-6 E Regulatory Programs, I. Flood Hazards: This project is designated Flood Zone"C" with the exception) of lands adjacent to the channel of Pinole Creek, which are designated Zone "A". (Source: FIRM, Panel 075B; dated July 18, 1987) 2. Active Fault Zone: The project is not within an Alquist-Priolo Earthquake Fault Zone. (Source: CDMG Special Report 42, 1997) 3. Noise Hazards: According to the Noise Element of the General Plan, the site is not within an area experiencing noise levels of 60 dBA or greater. (Source: Noise Element, page 11-24) 4, Grading Ordinance: The County Grading Ordinance, Section 716-4.204 provides thresholds for requiring a grading permit. Grading in excess of 200 cubic yards is one criteria for triggering a grading permit. IV. AREA AND SITE DESCRIPTION Figure 1, Vicinity Map, shows the location of the site within the Briones Hills, approximately 3'/z miles southeast of Martinez; 3 miles east of Pinole and 6 miles from Kensington. The Alhambra Valley Road/Bear Creek Road intersection is 1/2-mile north of the site. The property has a frontage along Bear Creek Road of approximately 1,000 feet. Pinole Creek crosses under Bear Creek Road and enters the property 600 feet from the southern boundary of the site (about 200 feet north of the entry road/Bear Creek Road intersection). The creek then runs parallel to and along the side of Bear Creek Road for about 1,200 feet, then leaves the site and crosses under Bear Creek Road again approximately 400 feet south of the Hampton Road/Bear Creek Road intersection. The northern boundary of the site is Hampton Road. Figure 2, Topographic Map, shows the site to be in the upper watershed area of Pinole Creek. Elevations on the property range approximately 4-400 feet to more than+750 feet. Oursan Ridge, which is located approximately I mile west of the site, is a designated "scenic ridge." The site is located in the Briones Hills/Alhambra Valley area. The subject parcel and nearby properties consist of relatively steepsided ridges,with slopes greater than 26 percent representative of broad areas. No development or relative activity (either as part of the initial phase or any subsequent phase of development) will encroach on Pinole Creek or any of its banks. The Development Plan indicates that Gan Shalom will maintain a 100- foot setback from the tap-of-bank along the Pinole Creek corridor. There will be no development(either initially or subsequently) on the hills or on the hillside slopes located on the site (except for a water tank and connecting pipelines, to be built as a part of the initial site improvements, and possibly a second tank at some future time.) S-7 The vegetation on the site consists chiefly of annual grassland (on the valley floor), oak woodland (in the upland portions of the property) and riparian (along the Pinole Creek channel). Agricultural uses in the area are vineyards and grazing (e.g., cattle, goats, llamas). Several nearby parcels have horse stables and some have large arenas). Figure 3, Assessors Parcel Map, shows the site,which has been shaded. It also shows the location of property with respect to roads. Annotations on the map are previous applications filed on nearby properties. Figure 4, Zoning map, indicates that the site is zoned A-2 (General Agriculture). Other Zoning Districts in the site vicinity include A-4 (Agricultural Preserve)and A-80(Exclusive Agriculture). This map also shows prevailing parcel sizes in the vicinity. The relatively small parcels across Bear Creek Road from the site range from 5 to 10 acres each. The parcels that are on the east side of Hampton Road, just west of the Gan Shalom parcel, fall in the same range. V. PROJECT DESCRIPTION A. Background. Gan Shalom, Inc., a California nonprofit religious corporation ("Gan Shalom"), acquired in September 200I approximately 83 acres of undeveloped land zoned A-2 (agricultural) fronting Bear Creek Road and Hampton Road in Contra Costa County, APN 365-010-008-8 (the "property"). Gan Shalom is requesting that Contra Costa County issue a land use permit for the development of a Jewish cemetery and related facilities as allowed in the A-2 zone. The property's historic and current use is horse and cattle grazing. There is no dedicated Jewish cemetery in Contra Costa County. Limited space is currently available for Jewish burials at Oakmont Cemetery in Lafayette (almost all of which has been sold on a"pre-need"basis),but it is anticipated that within the next 2-3 years no space will remain at that cemetery in the Jewish section. Gan Shalom (incorporated in 1996) is the formal successor to efforts begun by representatives of each of Contra Costa County's synagogues in the mid-1960s to provide the Jewish community of Contra Costa County with adequate and properly consecrated burial space. Gan Shalom is committed to the property as the optimum site from which to provide these essential services to the East Bay's Jewish population, currently consisting of 16 synagogues representing over 5,000 families. As previously noted, the site is located in a rural area of Contra Costa. County, surrounded by open grazing land and horse ranches. It consists of approximately 30.4 acres of gently sloping upland valley bottom land, with the balance (approximately 53 acres) being either tree-covered hills or lands along the Pinole Creek channel. Only the flat (36.5% of the property) will be used for the cemetery(including burial spaces and all related structures and improvements). The remaining 53 acres(63.5% of the property) will be retained in its current natural state. S-8 The property will be developed as a cemetery in phases, on an "as needed" basis. The initial phase will involve only 7.7 acres (9.2% of the property) for development of burial plots,related internal access roads,a chapel and parking lot,mausoleum.,office and maintenance facilities. Based upon historical experience at other Jewish cemeteries and currently available data, this should provide adequate burial space for the next 20-25 years. B. Cemetery Operations. It is estimated that there will be approximately 75 to 150 burials during the first year that the cemetery is operating (1-3 per week) and 150 to 200 burials per year(3-4 per week)thereafter. The cemetery will have no burials on Saturdays or during evening and nighttime hours. The cemetery will be open each day from 8:00 AM until sundown. The staff will consist of a cemetery manager, an office secretary, a grounds supervisor and two landscape maintenance personnel. The ground supervisor and the two maintenance personnel will park near the maintenance building and will not park near the chapel; hence they will not use the designated visitor parking space. The following criteria are based on 100 years history of Sinai Memorial chapel operating Jewish cemeteries in the Bay Area,including the current most active Jewish ' Cemetery in Colma, south of San Francisco. It is estimated by Gan Shalom that 50 percent of the burial services will be conducted on-site in the chapel, 35 percent will be held right at the grave site and 15 percent will have a service off-site and arrive at the cemetery by car procession. It is further estimated by Gan Shalom that on average, there will be between 35 to 70 people in attendance per burial service, arriving in 15 to 25 cars. Each grave site burial service will take approximately one hour. A combined chapel and grave site service will take approximately one and one- half hours. Typically, on-site services are conducted between 10 a.m. and 2:30 p.m. Grave site visitors will depend on the number of burials. Based on their experience with Jewish cemeteries, Gan Shalom Inc. does not expect many daily visitors. According to Jewish tradition, grave site visits are conducted only three times a year. With regard to the actual implementation of the cemetery project, Gan Shalom plans to open burial areas in I-acre increments. The entire acre will be excavated to a depth of approximately 20 inches in a uniform slope (for drainage); a drainage layer (and water recycling facilities) will be installed; concrete vaults will be placed in the excavation (approximately 1,000 per net acre);gaps between each vault will be filled with drainage material; and then the entire acre will be covered with soil reserved from the excavation. The finished work will raise surface elevations approximately 28 inches, and grading will be balanced on-site. Roads and other improvements will be extended as needed to serve each new 1-acre area. Individual burials will require simply removing and replacing the topsoil above each vault. The applicant anticipates that construction of the initial improvements (e.g., entry road, chapel, landscaping, utilities, maintenance facilities, first acre of burial space) can be completed in less than six months from the date of issuance of construction permits S-9 by the Building Inspection Department. Each future 1-acre area will take 2-3 weeks to perform grading, place the vaults and install the erosion control measures. Gan Shalom estimates that the pace of burials will require a new I-acre increment approximately once every five years. Additional comments on proposed cemetery operations are as follows: • All caskets will be set in concrete vaults with concrete tops installed. Each grave site will be identified with a marker that will be installed flush to the top of the grass coverage. • Security precautions will be taken to protect the cemetery from vandalism. A private guard will be hired to visit the cemetery on a regular basis during the night. If this does not provide the necessary protection, a security service will be hired to be on the premises from sunset until employees arrive for work at 8:00 am. • There will be no sale activities, crematory or other procedures preparing a body for burial at the cemetery site. C. Landscaping and Maintenance Plan. The initial phase of development (7.7 acres) requires a grass cover that can be extended as the cemetery is expanded in the future. The proposed grass cover is an all-purpose lawn used commonly in cemeteries and college campuses (Gan Shalom sought a grass cover that is self-sustaining and drought tolerant, will take the pedestrian and vehicular traffic generated during burials,will climatize to this site and is compatible in both sun and shade conditions.) The grass cover selected is the dwarf tall type fescue, "New Century Blend," a 50-50 mixture of Bonsai 2000 and Millennium. This "New Century Blend" seed mix is designed for and typically used at cemeteries as it presents a clean dark green look with minimal water and maintenance. Color, texture, disease resistance, drought tolerance and long-term reliability were important factors in selecting this seed mix, All existing trees are to be retained (unless a recommendation is made by an arborist at some future time to remove a sick or dead tree). Trees at the streetscape and entry portions of the property will be more formal and mid-sized, while throughout the large lawn areas trees will be scattered so as to provide shade and interest. Heavy tree landscaping using the same type of native trees currently on the property (such as Valley Oak and Coast Live Oak)will be used as a buffer fronting on Bear Creek Road and Hampton Road to mimic the existing Pinole Creek riparian corridor. The existing large oak will not be disturbed, and a non-irrigated buffer will be provided around the tree. For contrast and color accent, some Idaho Locust, a tree large in scale with purple plumes, will be planted. The foregoing landscaping is designed for long-term durability and minimal ongoing watering and maintenance. The applicant anticipates that lawns will require mowing S-10 every 7 to 10 days, and watering twice per week at approximately 6,000 to 8,000 gallons per acre per week during the summer months using a water conserving, weather-sensitive irrigation system . Fertilizing will be rates of 4 pounds of nitrogen per year per 1,000 square feet (175 lbs. per acre per year). D. Development Plans. Figure 5 is an aerial photograph that shows the Site Plan and Phasing Map. The following is a summary of the features seen on Figure 5. • Phasing. The project consists of five phases. The acreage of the phases are as follows: Phase 1 7.6 acres Phase 2 5.9 acres Phase 3 5.1 acres Phase 4 5.2 acres Phase 5 6.6 acres • Water Reservoir. A water tank is to be located at an elevation to be determined by Gan Shalom's water consulting engineer and will be appropriately sized to meet the water requirements for the cemetery. (Preliminary plans prepared by the project civil engineer indicate the site, approximate location and elevation of the reservoir.) A second tank may be required in the future. • Leach Field. An on-site septic tank and appropriate leach field will be installed to handle the sewage effluent from the Chapel. The location of the septic tank and the leach field are shown on the Civil Engineering plans. • Uses of Well Water. Water from the well will be used solely for irrigation of turf, and for toilets. Bottled water will be used for drinking, and the restrooms will not be equipped with running water in sinks. Instead, we/ towels will be used for hand washing. • Existing Well. The existing well that is to be used to provide irrigation water for Phase 1 is setback 1,400 feet from Bear Creek Road(approximately 1/4 mile), A 24-hour pump test was used to characterize the adequacy of this agricultural well to serve Phase 1. Figure 6, Phase 1 Development Plan, shows the internal circulation, parking, chapel and mausoleums. It also shows the internment limit and grassy swales. The chapel is indicated to be approximately 4,000 square feet, each mausoleum is to have a footprint of 40 feet x 16 feet(640 square feet) and the maintenance building is a one- story structure that is approximately 40 feet x 25 feet (1,000 square feet). As proposed, a circular road system will loop around the chapel, with parking space for 34 vehicles plus a hearse. The entire area encircled by the road is to be S-11 landscaped with shrubs and trees. A mausoleum and a maintenance building will be located approximately 400 feet beyond the chapel, partly concealed in the narrow valley in the south portion of the parcel. As proposed,roads within the cemetery will be asphalt concrete, with a rolled cement curb. The entry road and the road around the chapel is to have a paved width of 20 feet; other roads are to have paved width of 16 feet. The areas containing burial plots will be planted with grass and landscaped with native trees. All grave site markers will be flush with the ground. A fence is to be erected to enclose the 7.7-acre first phase so that the undeveloped portion of the property can continue to be used for grazing. Figure 7, Chapel/Office Elevation, presents front and side elevations of the chapel. It indicates the chapel is to have a pitched roof and is less than 25 feet in height. This one-story structure is to be less than 4,000 square feet and it is the applicant's intent that the structure blend into the natural surrounding of the site. The floor plan indicates a lobby,four offices,restroom facilities and a central chapel that is designed to accommodate approximately 90 persons. Figure 8, Landscape Plan — Phase 1, shows the approach to landscaping of the property, identifies existing trees and the relationship of the Pinole Creek channel to the Phase 1 area. It indicates a formal entry. The property will be fenced and a screen of trees and shrubs is indicated along the Bear Creek Road frontage of the site and along the east properly boundary consisting of oaks and native evergreen species. The main entrance will be off of Bear Creek Road. The entry gate will be set back approximately 32 feet from the edge of Bear Creek Road to allow vehicles to safely exit the roadway and enter the property, and to provide queuing space avoiding backups onto the road. A 7-foot high decorative masonry and tubular steel wall/fence with appropriate signage will identify the entrance(see Figure 9). The portion of the property fronting Bear Creek Road is to have a similar tubular steel (with arrowhead verticals) fence. Planted behind the fence, a landscape strip is indicated that is to be planted with drought-tolerant native shrub and tree landscaping. The chapel will be located approximately 200 feet from Bear Creek Road, directly beyond the entrance gate. Figure 10, Mausoleum Elevation, provides insight to the architectural style of the mausoleums. As noted previously, all mausoleums will be in the south valley area, approximately 800 feet from Bear Creek Road. They will be approximately 24 feet high and will be sited adjacent to the hills. S-12 VI. AGENCY COMMENTS A. Health Services Department. There are several memorandums in the file requesting details of the project, requesting a pump test, and indicating Ordinance Standards for leach fields and domestic water wells, The applicant has modified the project such that well water will be used only for irrigation and flush toilets. Furthermore,the 24- hour pump test was performed in accordance with the expectations of the Health Services Department and the subsequent report was peer reviewed by a hydrogeologist retained by the County. In an e-mail received on November 5, 2003, the Health Services Department indicated that it had no comments on the Initial Study and no recommended Conditions of Approval. B. Building Inspection Department. In a letter dated November 7, 2002, the Building Inspection Department indicated its requirement for the project,including compliance with applicable provisions of the Grading Ordinance and Building Codes. C. Flood Control and Water Conservation District. In a memorandum dated November 5, 2003, the District indicated its comments had not changed since its September 5, 2002 memorandum. Those comments indicate that the 100-foot setback from the top of the creek bank would be sufficient, and it went on to recommend a Condition of Approval to grant deed development rights on the setback area. D. Public Works Department. In a memorandum dated October 11, 2002, Bob Hendry indicated that the proposed structures were outside of the floodplain and hence not subject to inundation. In a memorandum dated November 25, 2003, Public Works outlines the traffic and drainage consideration. These comments are presented in Table 4. E. Contra Costa County Fire Protection District. In a letter dated November 7, 2002,the Fire Protection District outlined California Fire Code Standards applicable to the project: a)water supply, b)hydrants, c) access roads, d)gate width standards, along with provisions for e) addresses, and f) fire sprinkler plans. F. California Historic Resources Information Systems CHRIS). In a memorandum dated August 20, 2002, CHRIS noted that the property had the possibility of containing unrecorded archaeological sites, and a study was recommended. (In response to this request, the applicant retained William Self Associates Inc. to perform the archaeologic assessment, including contacting the Native American Heritage Commission.' No evidence of cultural resources was found during this survey. 'William Self Associates,Inc.,2002. Archaeological Survey and Assessment of a 83 Acre Parcel Located at Hampton Road and Bear Geek Road,Martinez, Contra Costa County, California S-13 Table 4 TRAFFIC AND DRAINAGE CONSIDERATIONS FOR LP022068 ' Traffic Considerations. Both roads are public highways and rural in nature. Bear Creek Road in the vicinity of the project site is paved to 24 feet in width and posted for 30 MPH(although prevailing speeds are considerably higher). A half-mile or so to the east,Bear Creek Road widens considerably to a higher speed,rural highway all the way into Orinda. There are numerous constraints that make widening of the road in this area difficult;Pinole Creek, which parallels the road,mature tress and steep side slopes among them. While it is not realistic no aesthetically desirable the widen Bear Creek Road along the entire project, some safety improvements in the form of channelization and storage should be required at the main project entrance. Such improvements should be carefully coordinated with both the Public Works and Community Development Departments to provide the desired safety enhancements, while being sensitive to the terrain and removal of vegetation. Similarly,the County has required large-lot subdivisions to the east to dedicate additional right of j way along Bear Creek Road in acknowldgement of past and future erosion adjacent to the road from Pinole Creek. We request the applicant perform a similar alignment study and dedicate additional right of way along Bear Creek Road for that portion of the road upstream of the large culvert where the creek parallels the north side of the road.Note that the County already acquired some right of way in this area for a reconstruction project several years ago. The alignment study may indicate that no additional right of way is necessary. Hampton Road is only about 16 feet wide and in generally poor condition. The applicant proposes to use this road as access for service and maintenance vehicles in latter phases of the project. Ultimate right of way should be dedicated and improvements constructed to Hampton Road from Bear Creek Road to the proposed maintenance entrance. These improvements can be postponed to the third phase of the project,unless the applicant intends to improve the maintenance entrance j prior to that time. I 1 Drainage Considerations f Compliance with the drainage requirements of the County Subdivision Ordinance will require all l storm water entering or originating on the subject property to be collected and conveyed to an adequate drainage facility or natural watercourse. For this project,the applicant proposes to"sheet flow" storm water runoff to Pinole Creek which traverses the site. The applicant will be required under County Code to verify the adequacy of the existing culverts and construct improvements to upgrade them, if necessary. The applicant proposes to dedicate development rights over the creek structure setback area as prescribed under the drainage requirements of the County Ordinance Code. In addition,the applicant should be aware that a small portion of the site lies within the"Special Flood Hazard Area" as delineated on the Flood Insurance Rate Maps prepared by FEMA for Contra Costa County. These portions of the site will be required to comply with the requirements of the County f i Floodplain Management Ordinance. Best Management Practices(BMPs)must be developed for the project to incorporate features and define maintenance practices to minimize potential pollutants from entering the creek. In addition t( the usual construction related issues, areas of concern are the application and control of pesticides and herbicides, and maintenance of equipment. S-14 V1. STAFF CONSIDERATIONS A. Appropriateness of Use. The primary environmental concerns related to groundwater resources (water quality, adequacy of the well to meet the irrigation demand of the project, and potential to effect production of off-site wells). Environmental review of the project has yielded the following data. • Nater Quality. The application has been reviewed by the Regional Water Quality Control Board, and County Health Services Department. Additionally, the CEQA Notice and Initial Study were transmitted to the State Cemetery Board for review and comment. The project design ensures that the concrete vaults containing coffins will be above the groundwater table (i.e., the water table is at 15 feet the vaults are buried 20 inches below the surface, and then covered with the excavated soil). A subdrain is to be installed just below the vaults to control elevation of the water table. • Irrigation Demand. The irrigation Table 5 demand for Phase 1 is estimated by COMPARISON OF WATER DEMAND the applicant to be approximately FOR POTENTIAL AGRICULTURAL 1,200 gallons per day per acre during I1 USE OF SITE Water j the summer. Even if the Water f Consuruptian/ihrits { demand was 1,800 gallons/acre, the Agricultural Use (gallons day acre) irrigation demand of the cemetery is Tomatoes,drip irrigation j 5,431 less than 50 percent of the Irrigation Tomatoes,furrow irrigated I 6,784 requirements of an agricultural Vineyard 5,521 operation of similar size. For Alfalfa 3,801 example, the site Was used for row Irrigated Pasture 6,789 crops in the 1950s; vineyards are located in the vicinity of the site and there are other potential agricultural uses of the site, including alfalfa and irrigated pasture. Table 5 provides irrigation demand for these agriculture- related uses that are allowed under the prevailing A-2 zoning. By comparison, a 50-horse stable and riding arena, along with two dwellings in the site vicinity uses 6,000 gallons/day during the summer(Bearden, Poplar Stables, 11.05 Bear Creek Road, personal communication, 2003).. • Water Supply. The irrigation well itself is more than 1,200 feet from the property line with adjacent private property owners. The pump test data provides documentation that the water supply is adequate for Phase 1, which is expected to have space to accommodate burials for the next 20-25 years (estimate). The Initial Study identifies a number of mitigation measures to ensure that the water usage is fully monitored, and performance criteria are provided to see that Gan Shalom does not create a significant adverse impact on S-15 nearby properties (see Initial Study, pages 28-29). These measures are incorporated into the Conditions of Approval (COAs #18-22.) A hydrologeologist retained by property owners in the vicinity has raised questions about the pump test and the data analysis that followed . Based on the recommendations of the Health Services Department, the Community Development Department retained Geoconsultants Inc., licensed hydro- geologists, as its peer reviewer. Their scope of work included: a) review ofthe plan for the pump test, b) observation of field procedures during the pump test, c)consultation with staff ofthe Health Services Department,and d)independent evaluation of the data gathered during the pump test. The letter-report issued by Geoconsultants, Inc. indicates there is evidence of sufficient groundwater for irrigation of Phase I and ample aquifer recharge area up-gradient of the well. The neighboring property owners retained S.S. Papadopulos & Associates, who issued a peer review letter that is presented in Appendix B.` This letter questions the analysis of the County's peer reviewer (and Engeo, the applicant's hydrogeologist),indicating the well yield may be substantially below the anticipated irrigation demand of Phase 1. He also questions some of the parameters used for the well test. Staff views on the pumping test and review letter of S.S. Papadopulos & Associates are presented below: • There are no County protocols for agricultural well pumping tests. The methods of analysis utilized by the peer reviewer are consistent with the methodology used to analyze other wells in the area. • The applicant has sought to minimize water demand of the project by avoiding use of groundwater for potable water,proposing use of drought- tolerant landscaping and use of an efficient irrigation system. As a result, the water demand for the cemetery is anticipated to be less than the potential agricultural crops listed in Table 5 of the staff report. • The technical data gathered by the applicant's hydrogeologist and peer reviewed by the County's consultant indicates there is ample water for Phase 1, as well as an adequate aquifer recharge area. Nevertheless, a groundwater monitoring and mitigation plan was prepared by.Engen Inc. and refined/modified by Geoconsultants, Inc.,just in case the calculations are not accurate. These precautions are intended to serve as an early warning system, so that cemetery use does not interfere with wells of other property owners in the vicinity. 'S.S.Papadopulos&Associates,Inc.,November 7,2003. Comments on Review of Pumping Test and Aquifer Evaluation by Geoconsultants,Inc.(dated September 2003),Proposed Cemetery Development,Hampton and Bear Creek Roads, Briones Hills Preserve,Contra Costa County. S-1b • The site is 83 acres and the well is 1,400 feet from Bear Creek Road. Figure 5 of the Staff Report indicates that some of the nearest developed properties are more than'/¢mile from the Gan Shalom well. Those parcels are 5 to 10+ acres and those wells are relatively close to one another; suggesting an inherently greater potential for them to affect one another than for the Gan Shalom well to influence their production of groundwater. • S.S. Papadopulos&Associates believes that the groundwater supplies on Gan Shalom may not be adequate to support Phase I of the cemetery. Assuming the premise of this hydrogeologist is correct, the cemetery has the opportunity to trap irrigation water in their subdrains and recirculate this water,reducing demand for groundwater produced by the well. In the worst case, the turf could be allowed to go dry during the summer. • The cemetery is to be developed in five phases. Prior to commencement of each phase,Gan Shalom will be required to demonstrate adequate water (or other procedures) to support expanded cemetery use. • Lack of Groundwater in the Alhambra Valley. Comments to staff from some neighbors as far away as Garcia Ranch Road have complained that their wells are not reliable at the end of the summer/in a drought year. They are concerned that irrigation of a cemetery will impact their wells. Staff discussed the situation with the Health Services Department. Asa general rule,the Health Department has observed that wells on the southwest side of Bear Creek Road produce more water than wells to the northeast of Bear Creek Road. This observation can be explained by examining geologic maps of the area. Figure 11 presents a geologic cross-section of the site and adjacent area. This section shows the location (and)depth of the Gan Shalom well. It is within the outcrop belt of the Hambre Sandstone. The wells on the northeast side of Bear Creek Road produce water from the Rodeo Shale, a finer-grained, geologic unit that is characterized by the U.S. Geological survey as having generally very low permeability (USGS Professional Paper 1357). The engineering geologic characteristics of the bedrock, accounts for general patterns observed by the Health Services Department. B. Compatibility with Regulatory Pra rams. The applicant provided biologic resource reports which were peer reviewed by the County's biologist and jurisdictional agencies. Based on these studies and reviews, the Initial Study identifies measures to reduce biologic resource impacts to less-than-significant (see Initial Study, pages 12-17). The CEQA Notice and Initial Study have been reviewed by the California Department of Fish and Game, and they indicate no objections to the project or to the mitigation measures. Additionally, the CEQA Notice and Initial Study were referred to the Regional Water Quality Control Board, and that agency has indicated no S-17 objections to the project or to the mitigation measures in the Initial Study. The East Bay Regional Park District responded to the CEQA Notice with an email questioning the potential for a special status plant to occur on the site. LSA Associates responded with a letter dated December 10,2003. It states that the site provides no potential habitat for this species. C. Site Plan Ana1_ysis. • Circulation and Parking. The design of the project is to take its primary access from Bear Creek Road (see Figures 5, 6 and 9 for details of this entry). The primary entry road (which loops the chapel) is 20 feet in width. Other internal roads used to access cemetery facilities are 16 feet in paved width, which appears adequate for low speed two-way to burial areas. Thirty parking spaces are required for chapel visitors based on 90 seat occupancy, and three parking spaces are required for the 600 square foot office space in the chapel building. Thirty-five spaces are indicated along the perimeter of the chapel. Initially, Bear Creek Road will be the sole cemetery access point. However, the Site Plan indicates that in the long-term future, the maintenance structure will be relocated from the Phase i area(in the south valley) to Phase 5 (adjacent to Hampton Road), and a driveway will be extended which will be adjacent to the maintenance building and is intended only for maintenance vehicles(see Figure 5). • Grading. The grading will be balanced on-site (volume of earthwork: 65,000 cubic yards anticipated). A legal burial plot is 4 inches wider and 6 inches longer than the concrete vault, to provide for gravel between adjacent vaults. By tradition, the plot are to be oriented exactly in a east-west direction in straight rows with plot markers flush to the grass. The grading procedure will raise the valley floor 28 inches parallel to the existing slope of the valley and will minimize dirt movement. Typically, every four to five years a new burial area is to be improved as follows: approximately 1 acre is graded to a uniformly sloping pad. The necessary access road is constructed. The padgrades are based on minimizing dirt movement and balancing the cut and fill. • Storm Drainage. No storm drainage piping is proposed. Grassy swales are indicated on the Phase 1 plan that carry runoff from the major hillside areas to Pinole Creek. With regard to the internal roads, they are designed to maintain overland sheet flow. Any increase in runoff and peak flows exiting the site after S-18 full development would be minimal, considering the small percentage increase in impermeable surfaces. • eater Storage Tank. The water storage tank will be sized to meet specifications of the Contra Costa County Fire Protection District. Preliminary plans show the tank on a site approximately 200 feet southeast of the water well at an elevation of+524 feet. The candidate site is just above the valley floor and is completely hidden from view from vantage points along Bear Creek Road. A tank of approximately 30,000 gallons would appear sufficient to meet the needs of Phase 1 irrigation, including fire reserve. A second tank may be needed in the future. • Sanitary Sewage. The applicant will require a permit from the Health Services Department for the septic system. Engeo Inc. performed a percolation test and found that the soils are suitable for the septic system drainfield. • Electrical Power. Overhead electrical power and telephone lines are located in the Bear Creek Road and Hampton Road right-of-way. From these lines, power and telephone can be undergrounded to the chapel. • Buildings. The buildings are set back from the road, are relatively small, and are 25 feet (or less) in height. Figures 7 and 10 provide elevations for the chapel and mausoleums, respectively. 1 FINDINGS AND CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2068-02 FINDINGS A. Cemetery Findings 1. The establishment or maintenance of the cemetery will not jeopardize or adversely affect the public health, safety, comfort, or welfare. The design of the cemetery is in compliance with all provisions of the State law and the County Ordinance Code intended to protect public health, safety and welfare. The cemetery will have a screen of vegetation along the Bear Creek Road frontage that will soften/screen views of the site. There are no above-ground grave markers so the site will function as visual open space. Over 60 percent of the site is hillside that is densely wooded. These hills, along with the channel of Pinole Creek, are to be retained as private open space, with no cemetery uses. The conditions of approval contain measures that require monitoring of water usage and monitoring of the elevation of water levels in observation wells. These measures will provide an early warning system intended to protect wells of neighboring property owners. Additionally,Gan Shalom must demonstrate an adequate water supply before proceeding with each phase. These and other mitigation measures have been translated into conditions of approval. 2. The establishment, maintenance, or extension will not reasonably be expected to be a public nuisance. The cemetery conditions of approval include provision for an Endowment Care Fund to assure proper maintenance of the cemetery. Additionally, the plans submitted call for the construction of a landscape screen of trees and shrubs along the Bear Creek Road frontage of the site. The setback of structures from the boundaries, the architecture and relatively small size further reduce the visibility of buildings. It should also be recognized that: • All caskets will be set in concrete vaults with concrete tops installed. Each grave site will be identified with a marker that will be installed flush to the top of the grass coverage. • Security precautions will betaken to protect the cemetery from vandalism. A private guard will be hired to visit the cemetery on a regular basis during the night. If this does not provide the necessary protection, a security service will be hired to be on the premises from sunset until employees arrive for work at 8:00 am. • There will be no sale activities, crematory or other procedures preparing a body for burial at the cemetery site. • There will be no burials on Saturday or during evening hours. 2 3. The establishment, maintenance, or extension will not tend to interfere with the free movement of traffic or with the proper protection of the public through interference with the movement ofpolice, ambulance, orf re equipment and thus interfere with the convenience of the public or the protection of the lives and property of the public. The applicant has indicated that services typically occur between 10;00 a.m. and 2:30 p.m.; that on average there will be 35 to 70 people in attendance per burial service, arriving in 15 to 25 cars, and that the long-term average will be 150 to 200 burials per year(3 to 4 per week, on average). A traffic analysis performed by Abrams Associates indicates that the traffic generated by Gan Shalom will not create traffic-related impacts. The Public Works Department has recommended Conditions of Approval addressing road dedications, roadway improvements and sight distance. They focus on needed safety improvements at the main entrance to the cemetery, and improvements to Hampton Road, when it carries cemetery (maintenance) traffic. 4. Demonstrate adequate financial ability to establish or maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance. Gan Shalom has indicated an intent to fully comply with the provisions of the California Health and Safety Code (letter from Frank Winer, President, Gan Shalom Inc., dated September 9, 2002). That letter prescribes the details of the establishment of an Endowment Care Fund. In addition to the endowment fund assurance, there is the commitment of a faith-based organization to care for its cemetery (COA#24). 5. The proposed cemetery is consistent with the General Flan of the County and will not interfere with the orderly development and growth of the County. The Land Use Element does not specifically speak to the siting of cemeteries in Contra Costa County. However, the Land Use Element contains an Urban Limit Line Map, and General Plan Policies 3-5 through 3-14 pertain to implementation of the 65/35 Land Preservation Standard and Urban Limit Line-related goals. These policies are intended to preclude extension of urban services into agricultural areas, especially growth-inducing 'infrastructure. A 30-acre cemetery project inside the ULL would be competing for land with the range of land uses that are specifically restricted to the urban area. Establishing cemeteries outside of the ULL allows the vacant land within the ULL to be retained for urban land use. It should also be recognized that the Gan Shalom Cemetery does not require any growth-inducing infrastructure. 3 B. Land Use Permit Findings 1. The proposed conditional land use shall not be detrimental to the health, safety and general welfare of the County. The applicants have not requested exceptions to any health,safety and welfare requirements of jurisdictional agencies(see COA's 5,6 and 7). 2. The proposed use shall not adversely affect the orderly development of property within the County. The project will not create any obstacle to utilization of adjacent lands. The application is consistent with the site's zoning and General Plan land use designation. Further, the establishment of a cemetery outside the ULL allows the vacant land within the ULL to be retained for urban uses. 3. The proposed use will not adversely affect the preservation ofproperty values and the protection of tax base within the County. A properly conditioned project should not have a detrimental effect on property values in the County. In this case, there are 43 conditions of approval that will ensure well-designed project. 4. The proposed use will not adversely affect the policy and goals as set by the General Plan. The General Plan does not preclude cemetery use of the site. The project is consistent with General Plan goals and policies and with the Briones Hills Preserva- tion agreement. The environmentally sensitive lands are the site (wooded hillsides and creek corrodor to be retained as private open space. 5. The proposed use will not create a nuisance and/or enforcement problem within the neighborhood or community. The applicant proposes to provide private security,and no special law enforcement problems are anticipated. COA 41 requires security precautions and COA 924 requires endowment care assurance. 6. The proposed use will not encourage marginal development within the neighborhood. The site is bounded by permanent open space on the west and by an existing rural residential development and horse stables along the Bear Creek Road frontage of the site. The potential for any future development in the vicinity is not altered or affected by this project. 7. There are special conditions or unique characteristics of the subject property and its location or surroundings are established. The property has the size, terrain features and physical setting that meets the applicant's objectives for a Jewish. cemetery. 4 C. Growth Management Performance Standards I. Traffic: The project will generate an estimated five additional AM and PM peak hour trips by employees. (This assumes the five employees do not carpool.) In general, visitors are not expected during peak hours. Therefore, the applicant is not required to prepare a traffic report pursuant to the 1988 Measure C requirements. 2. Drainage and Flood Control: The Public Works Department's recommended conditions of approval including compliance with the collect and convey requirements of Division 914 of the Ordinance Code; COA's 38-40 address other drainage requirements. No structures are proposed within a special flood zone designated by the Federal Emergency Management Administration (FEMA). 3. Water and Waste Disposal. The County Health Services Department has approval authority over septic system leach fields(see Advisory Note G). The project will use groundwater for irrigation and flush toilets. No potable water will be generated from the on-site well, Bottled water will be used by staff and visitors; and restrooms are to be equipped with wet towels for washing hands. 4. Fire Protection: The site is in the State Responsibility Area. The property is subject to the requirements of both California Department of Forestry and the County Fire Protection District (see COA 425). Because the site is not located within either a suburban, urban or central business district area, no special fire protection measures under the County's Growth Management policies are required. 5. Public Protection: The project will not result in an increase in population will have private security(COA 91), and is not expected to create any unusual law enforcement problems. 6. Parks& Recreation: The cemetery will not increase demand for park and recreation facilities, and is not subject to payment of park dedication fees. (Reference Growth Management Element of the General Plan) CONDITIONS OF APPROVAL General Conditions 1. Development is approved as shown on plans submitted with the application, received by the Community Development Department on October 10, 2002, subject to final review and approval by the County Zoning Administrator prior to the issuance of a building permit and subject to the conditions listed below. This approval is also based upon the project description provided by Gan Shalom on the technical studies 5 provided by the applicant's consultants. Further,the approval includes the following additional limitations/restrictions: • All caskets shall be set in concrete vaults with concrete tops installed. Each grave site shall be identified with a marker that will be installed flush to the top of the ground surface. • Security precautions shall be taken to protect the cemetery from vandalism. A private guard shall be hired to visit the cemetery on a regular basis during the night. If this does not provide the necessary protection, a security service shall be hired to be on the premises from sunset until employees arrive for work at 8:00 am. • There shall be no sale activities, crematory or other procedures preparing a body for burial at the cemetery site. • There will be no burials on Saturdays or during evening hours. 2. The proposed structure(s) shall be similar to that shown on submitted plans received October 10, 2002 by the Community Development Department. Prior to the issuance of a building permit, elevations and architectural design of the building shall be subject to the final review and approval by the County Zoning Administrator. The roofs and exterior walls of the buildings shall be free of such objects as air conditioning or utility equipment, television aerials, etc., or screened from view. 3. At least 60 days prior to requesting grading or building permits or constructing any improvements, submit a report on compliance with the conditions of approval with this permit for the review and approval of the Zoning Administrator. Except for those conditions administered by the Public Works Department, the report shall list each condition followed by a description of what the applicant has provided as evidence of compliance with that condition. (A copy of the conditions of approval may be available on computer disk;to try to obtain, contact the project planner at 335-1210.) Unless otherwise indicated, the applicant will be required to demonstrate compliance with the conditions of this report prior to issuance of building or grading permits. The Zoning Administrator may reject the report if it is not comprehensive with respect to applicable requirements. The permit compliance review is subject to staff time and material charges, with an initial deposit of$500 which shall be paid at time of submittal of the compliance report. A check is payable to the County of Contra Costa. 6 4. Annually for the first five years and at five-year intervals thereafter, submit a compliance report on January 34th for review and approval of the Zoning Administrator. The report shall address compliance with the conditions of approval, document buildout of the cemetery (including a map showing areas where vaults have been installed and irrigated turf areas created). It shall also report on water usage, performance of the well, electrical power usage of the well, and results of monitoring water levels in observation wells. It shall also document growth/survival of landscape plantings. The permit compliance review is subject to staff time and materials charges, with an initial deposit of$1,000 which shall be paid at time of' submittal of the compliance report. A check is payable to the County of Contra Costa. General Provisions 5. Any deviation from or expansion beyond the limits of this permit approved under this application shall require the filing and approval of a request for modification of the Land Use Permit. 6. The conditions contained herein shall be accepted by the applicant, his agents, lessees, survivors or successors for continuing obligation. 7. The cemetery shall comply at all times with all applicable State Cemetery Board rules, regulations and standards, and any other applicable federal, State or County law or regulation. Landscaping 8. At least 60 days prior to the issuance of the first building or grading permit or installation of any on-site improvements, submit a landscape and irrigation plan for review and approval of the Zoning Administrator. The plan shall provide details on the species, size, plant spacing, soil preparation, staking, etc. It shall address the Phase 1 Bear Creek Road frontage,the east property line(on valley floor), and the corner of the site at the Hampton Road/Bear Creek Road intersection. The plan shall provide for a 20-foot wide landscape corridor, except at the Hampton Road/Bear Creek Road intersection, where the landscaped corner will provide for a 50-foot maximum depth. Only trees and shrubs native to the Briones Hills shall be used. The irrigation system shall be water- conserving and weather-sensitive. Landscape related improvements shall be installed prior to the final building permit inspection for the chapel. The plan shall he prepared by a licensed landscape architect and shall be 7 certified to be in compliance with the County Water Conservation Ordinance, 82-86.. Fencing/Signs/Lighting 9. A. Prior to issuance of a grading permit or building permits, submit a fencing plan program for review and approval of the Zoning Administrator, B. The design, color and location of any project sign at the entrance to the property shall be reviewed and approved by the Zoning Administrator. C. Generally street lighting shall not be allowed. Any proposal to install security lights shall be submitted to the Zoning Administrator and the Public Works Department for the review and approval. The purpose of this review shall be to assure that lighting is minimal and does not shine on/toward adjoining properties. Construction Conditions 10. Contractor and/or developer shall comply with the following construction, noise, dust and litter control requirements: A. All construction activities shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, and shall be prohibited on state and federal holidays. B. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise- generating equipment such as air compressors and concrete pumpers as far away from existing residences as possible. C. At least one week prior to commencement of initial grading or construction, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site notice that construction work will commence. The notice shall include a list of contact persons with name,title,phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. 8 The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the 24-hour emergency number, shall be expressly identified in the notice. The notice shall be re-issued with each future building permit. (A copy of the notice shall be concurrently transmitted to the Community Development Department. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed.) D. A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. E. The applicant shall make a good-faith. effort to avoid interference with existing neighborhood traffic flows. Prior to issuance of building permits, the proposed internal access road to the building site shall be constructed. This shall include provision for an on- site area in which to park earth moving equipment and commute vehicles of construction workers. F. Transporting of heavy equipment and trucks shall be limited to week days between the hours of 9:00 AM and 4:00 PM. and prohibited on Federal and State holidays. G. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. Archaeology IL A. if any significant cultural materials such as artifacts, human burials, or the like are encountered during construction operations, such operations shall cease within 100 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, clipped stone, groundstone, shell and bone artifacts, concentrations of fire cracked rock, ash, charcoal, shell, bone, and historic features such as privies or building foundations. 9 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 of the "find" 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. C. Appropriate mitigation of the cultural resources may include monitoring of further construction and/or systematic excavation of the resources. Any artifacts or samples collected as part of the initial discovery, monitoring or mitigation phases shall be properly conserved,catalogued,analyzed,evaluated and curated along with associated documentation in a professional manner consistent with current archaeological standards. California Red-Legged Frog and Western Pond Turtle 12. Prior to issuance of the first building or grading permit, or installation of any improvements on the site,the applicant shall record a deed disclosure against the parcel that encompasses the California red-legged frog mitigation measures presented in Table 1, included herein. 13. Prior to commencement of each phase, provide details on the timing and method implementation of the mitigation measures listed in Table 1, included herein. The Zoning Administrator shall have review and approval authority over this plan, and may reject the plan if it is not comprehensive with respect to applicable requirements. The plan shall include reporting proceduresto provide documentation of compliance with all components of the mitigation measures. Valley Oak and Coast Live Oak 14. Prior to issuance of building or grading permits in a phase,or construction of improvements, submit a plan showing all protected trees within the area proposed for ground burials and provide evidence of compliance with the mitigation measures listed in Table 2, included herein. The plan shall include reporting procedures to provide documentation ofcompliance with all components of the mitigation measure . Nesting Raptors and Loggerhead Shrike 15. Prior to construction in the southern valley, submit evidence of compliance with the provisions of the Nesting Raptor and Loggerhead Shrike mitigation measure in Table 3, presented herein. The submittal 10 shall be subject to review and approval of the Zoning Administrator. The plan shall include reporting procedures to provide documentation of compliance with all components of the mitigation measure.. r Table 1 RED-LEGGED FROG MITIGATION MEASURES a) A 100 foot setback shall be established from Pinole Creek's top-of-bank to the edge of project grading. This 100 foot buffer shall be preserved in perpetuity for biological resources. No grading,ground burials,formal landscaping, or other intrusion shall be allowed within this 100 foot wide buffer zone. A Revised Site Plan for the cemetery jshall accurately show(and label)the 100 foot setback line. 1 i b) The 100 foot buffer zone shall be fenced(permanent fencing, with the fencing plan subject to review and approval of the Zoning Administrator.It is anticipated that the fence will be split-rail or equivalent. The surveyor for the project shall set stakes at the { 100 foot setback line. The fence shall be installed on a phase by phase basis. Construction fencing shall be installed along the portion of setback line within each jarea that is about to be improved prior to issuance of the construction or grading permit for that area. The permanent fencing in each area must be installed after completion of site improvements, and immediately after removal of the construction i } fencing. Once installed, the permanent fence shall be maintained over the life of the project. C) Prior to any grading and construction that affects land adjacent to the 100-foot wide j buffer zone, a frog exclusion fence shall be installed near the top-of-bank along the entire length rfPinole Creek on the project site. The fence, constructed of 114-inch mesh hardware cloth,shall be keyed into the ground all along its base(to prevent frogs from going under it). It shall be a minimum of four feet high,with the top six inches of the fence bent inward(towards the creek)to prevent frogs from jumping ever the fence. This fence shall be maintained in good condition during the duration of all grading and construction-related activities. d) Preconstruction surveys for the California red-leggedf•og, consisting of one day and one night survey, shall be conducted within three days of any grading or construction- related activities that affect lands adjacent to the 100-,foot wide buffer zone. The survey results shall be submitted to Contra Costa County. If any California red-legged frogs are identified on the project site during the preconstruction surveys, the U.S.Fish and Wildlife Service shall be contacted by the end of the next business day for directions on how next to proceed, and the contractor shall stop all work. Any Cal fornia red-legged frog sighting shall be reported to California Department of Fish and Game's Natural Diversity Database. At the time the U.S.Fish and 11'ildlife Service determines that adequate avoidance and/or mitigation has been implemented by the applicant, and proof is provided to Contra Costa County via a letter from the U.S.Dish and Wildlife i Service,the project may continue. e), Since a California red-legged frog was sighted by LSA in Pinole Creek just outside the project site boundaries, a biologist shall also survey the 100 foot buffer area and immediately adjacent construction areas each morning prior to construction activities during the winter and spring months(times when frogs may be moving) to ensure that no California red-legged frogs have moved into either the buffer zone or the work area. During the hot summer and early fall months, the morning surveys shall not be necessary since frogs are not migrating during these periods. 11 Table 2 VALLEY OAK AND COAST LIVE OAK.MITIGATION MEASURES a) All single oak trees(that is,oaks located in oak savanna or grassland habitat or at the edge of a woodland system)within a phase about to be developed shall be protected i during construction by installing orange construction fencing at 1.5 times the distance from the trunk to the edge of the dripline of the tree. This nondisturbance buffer zone { shall be staked in the field by a qualifed biologist prior to installation ofconstruction fencing to ensure that the contractor has fenced an adequate buffer area. b) After site improvements are completed in the vicinity of the tree, the construction fencing can be removed. However,no surface or subsurface disturbance,no turf or other plantings shall occur within this buffer zone(1.5 times the distance from the trunk to the edge of the dripline of the tree)for the life of the project. Therefore,permanent fencing shall be installed on the boundary of the buffer zone of a design approved by the Zoning Administrator. The permanent fencing must be installed after completion of site improvements and immediately after removal of the construction fencing. Furthermore, the grading plan shall identify areas to be fenced and the General Notes shall speck no access or earthwork within the fenced area. Any trees proposed for removal shall be shown on the grading plans. C) Although Gan 5'halom's plans do not proposed removal of any of the larger trees; nevertheless, if removal was proposed in the future, the following mitigation measure would become operative. The tree replacement formula presented below is based on standards of the Tree Protection and Preservation Ordinance(Ordinance Code, Chapter 816-6). If it is necessary to remove any native trees on the project site that are 6.5 inches in diameter at breast height or greater, then replacement trees shall be planted at the rate ofone 15-gallon tree and one 1-gallon seedlingfor each 6 inches in diameter of the trees removed(i.e.,an oak tree 30 inches in diameter 9%:feet above ground level would be replaced with five 15-gallon and five 1-gallon trees). Replacement trees shall be the same species as the tree(s)removed.An automatic drip irrigation system shall be installed on all replacement trees. This system shall operate for a minimum two year period to ensure that the trees are successfully established Annual mitigation reports documenting tree survivorship, and complete with photos, shall be submitted to Contra Costa County by December 1 of each year for a three-year period. If survivorship falls below 85 percent,replacement trees shall be planted and monitored for an additional three-year period. d) To preserve the species composition of the project site's native oak woodland and riparian habitats, the landscapingplan prepared for the project shall consist entirely of i tree and shrub species native to the Bear Creek/Alhambra Valley area, No non-native, ? i ornamental trees or shrubs shall be planted. Seep 16. Prior to commencing any work in Phase 4, provide evidence of compliance with the seep mitigation measure that is presented in Table 4. The plan and other documents shall be subject to review and approval of the Zoning Administrator. 12 Table 3 NESTING RAPTOR AND LOGGER HEAD SHRIKE MITIGATION 'MEASURES ! } a) Prior to issuance of construction permits for mausoleums,roads,or water tank in the j southern valley portion of the site, a spring nesting survey for raptors and the + loggerhead shrike shall be conducted in the oak woodland and bay oak forest. This survey shall be conducted behveen the months of April and June in the year that construction is planned. The surveys should encompass the area on the project site within approximately'!.mile radius of the proposed improvements and follow accepted I protocols. If the area to be surveyed extends off-site, and permission for access by the biologic monitor is not allowed, the biologic survey of such areas can be,performed by using binoculars at a strategic on-site location as well as other reconnaissance i methods. I + I If raptors are nesting on the project site, a minimum 500 foot non-disturbance buffer ! shall be established around the nest tree. This buffer shall be fenced with construction fencing. A qualified raptor biologist will periodically monitor the nest sites)to determine if grading activities occurring outside the buffer zone disturbs the birds, and if the buffer zone should be increased to prevent nest abandonment. No disturbance shall occur within the buffer zone until a quaked raptor biologist has determined that the young have fledged(left the nest),and areflying well enough to avoid project f construction zones, typically by August 1'r ! I b) If loggerhead shrikes are nesting on the project site, a 150 foot non-disturbance buffer {t ! shall be established around the nest tree. This buffer shall be fenced with orange I! construction fencing. No disturbance shall occur within the buffer zone until the young have fledged,typically by July 1'. Table 4 SEEP MITIGATION MEASURES _ a) Provide accurate coordinates for the seep adjacent to the Phase 4 area prior to any construction in the Phase 4 area. ! f I' b) Prior to any construction in the Phase 4 area, a qualified biologist shall re-evaluate the I ! seep to accurately establish its limits and set stakes 20 feet from the seep. j !+ c) Permanent fencing(split rail or equivalent)shall be installed along the boundary between the ground burial area and the seep at the 20-oot line, Constr uctian fencing shall be installed prior to any earthwork in Phase 4 and the permanent fencing shall be II installed immediately after removal of the construction fencing. The permanent fencing, once installed,shall be maintained throughout the life of the project. Alameda Whipsnake 17. Prior to the commencement of each phase, submit a plan/methodology for compliance with the Alameda Whipsnake mitigation measure in Table 5, ............................... ........................................................................................................................................................................................ 13 presented herein. The materials submitted shall be subject to review and approval of the Zoning Administrator. The plan shall include reporting procedures to provide documentation of compliance with all components of the mitigation measure. Table 5 AL,AMEDA WHIPSNAKE MITIGATION MEASURES According to LSA there is a low probability that whr`psnakes would attempt to cross a portion of the site while it is being cleared for cemetery use.Nevertheless there remains some risk of harming whipsnakes during grading and construction, that can be avoided by the following mitigation measures. a) Prior to any grading and construction activity, a qualified biologist shall survey the intended grading area to determine if a temporary snake exclusion fence is required.if a fence is required, the biologist shall speck the type,height and other details of j design and installation. b) The biologist also shall determine if any whipsnake surveys are required in an area for which exclusion fencing has been required,prior to the start of work and/or during work. The biologist shall specify the timing and procedures of any such surveys, I following generally accepted protocols.Survey results shall be submitted to the Zoning Administrator and to any other agencies as may be warranted by the survey results. Water Resources 18. Prior to the issuance of the first permit by the Building Inspection Department, submit"baseline"data on water levels in the production well and monitoring wells to the Zoning Administrator to establish any seasonal fluctuations. 19. Prior to the issuance of the first permit by the Building Inspection Department,establish anew monitoring well approximately 600 feet north of the production well (P4). Continue monitoring wells P3 and P4. Annually submit reports to the Zoning Administrator on or before January 30th, presenting all data collected on water table levels in observation wells and the production well. During the first year of operation the wells should be monitored weekly and monthly thereafter. The annual report shall also provide flow meter data and records of power consumption. 20. Each future phase of the Gan Shalom cemetery shall require a hydro- geology report that provides data on the experience gained during the preceding phase(s) and analyzes the water demand for the next phase, establishing that there is an adequate water source. Furthermore, the report shall verify that production of the water for the next phase is consistent with applicable County, Regional, State and federal regulations in effect at that time, and that increased water usage by the next phase will 14 not compromise then-current needs of adjacent/nearby property owners. The report shall be subject to review and approval by the Zoning Adminis- trator. Approval of grading and construction permits for each future phase shall be dependent on documentation of an adequate water supply to support the expanded cemetery use, or identification of alternative procedures (e.g., use of recycled water, use of a ground cover requiring less water) as needed to satisfy the requirements of this measure. 21. If the water table level in observation well P4 is drawn down 10 feet or if P3 is drawn down b feet below baseline levels, the Zoning Administrator shall be notified within 72 hours and hydrology re-evaluation shall be performed. These levels of drawdown do not constitute an impact, but are considered an early notice that the situation warrants study. The required report shall evaluate the data to determine the relationship of the water levels to pumping, and provide measures to protect water levels from drawdown considered excessive under the circumstances. The cemetery is not required to cease pumping in the interim, but shall attempt to reduce pumping as much as feasible while continuing to maintain irrigated areas. The cemetery shall implement such additional measures as the Zoning Administrator may require after reviewing the report. 22. If the water table level in observation well P4 is drawn down more than 15 feet below baseline level, all pumping will be suspended until such time as the water table level in P4 rises to 10 feet below baseline level, at which time pumping may resume subject to Condition 21. In addition to the preliminary baseline data submitted under Condition 18 , data shall continue to be collected and submitted to establish a refined baseline using two years of measurement, to more closely reflect seasonal fluctuations. The refined baseline levels for the production well and monitoring wells to be used for future monitoring shall be agreed upon by the Community Development Department and Health Services Department using the two years of measurements. Maintenance Building 23. Prior to construction of the maintenance building in Phase 5, provide a Site Plan/Landscape Plan that shows a)fencing details for the maintenance yard, b) elevations of the maintenance building, c)adequate parking areas for commute vehicles of employees who work at the maintenance building, d) space for all Gan Shalom equipment and supplies, and e) a landscape plan for the perimeter of the maintenance yard. Endowment Care Fund ............................... ............................................................................................................................................................................... 15 24. Prior to issuance of the first building or grading permit, submit details of the Endowment Care fund for review and approval of the Zoning Administrator. The structure of this fund shall fully comply with the laws and regulations of the State of California governing such funds for cemeteries, and shall be sufficient to assure perpetual maintenance of the cemetery. Fire Protection District 25. Prior to issuance of the first building permit and with each subsequent building permit, provide evidence that the project is in compliance with the requirements of the Contra Costa County Consolidated Fire Protection District. Application Processing Fees 26. This application is subject to a deposit of$2,813.00, which was paid with the application submittal, plus time and material costs if the application review expenses exceed 100% of the initial fee. Any additional fee due must be paid within 60 days of the permit effective date or prior to use of the permit whichever occurs first. The fees include costs through permit issuance plus five working days for file preparation. You may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. Applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the County Ordinance Code. Any exceptions must be stipulated in these conditions of approval. Conditions of Approval are based on the plan submitted to Community Development on October 10, 2001 COMPLY'WITH TIS FOLLOWING CONDITIONS OF APPROVAL PRIORTO ISSUANCE OF A BUILDING PERMIT AND PRIOR TO INITIATION OF THE USE PROPOSED UNDER THIS PERMIT. General Requirements 27. Improvement plans prepared by a registered civil engineer shall be submitted to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this land use permit. These plans shall include any necessary traffic signage and striping plans for review by the Transportation Engineering Division. 16 Road Dedications 28. Applicant shall convey to the County, by Offer of Dedication, additional right of way along Bear Creek Road (where applicable) to provide a road alignment that will allow for the creek bank north of the road to erode to its natural limits. The applicant shall submit a 60-foot wide right of way alignment to the Public Works Department, Engineering Services Division, for review. The alignment shall be outside the expected limits of creek bank erosion that, at a minimum, should be assumed to be at a 1 '✓2:l slope from the south toe of the creek (with the exception of the vicinity of the 72-inch diameter culvert crossing under Bear Creek Road). Additional right of way to accommodate channelization and transitions at the main project entrance may also be required. 29. Applicant shall convey to the County, by Offer of Dedication, the right of way necessary for the planned width of 50 feet along Hampton Road. The ultimate right of way on the west side of Hampton Road was recently dedicated as part of Subdivision MS 02-0004. The subject property's right of way dedication shall conform to the neighbor's dedication, being 50 easterly therefrom. Roadway Improvements 30. Construct pavement widening, necessary longitudinal and transverse drainage along Bear Creek Road to accommodate left-turn channelization for westbound traffic entering and existing the project site. Said channelization shall include a 60-foot storage lane for westbound vehicles entering the project site. Improvements will also include all safety markings and signage off-site as may be required by the Public Works Department. Public Works and the Zoning Administrator may reduce these requirements if deemed necessary due to topographic constraints that may come to light during the improvement plan review process. 31. Widen and overlay(or reconstruct,if necessary)Hampton Road to provide a minimum 28-foot pavement width with 4-foot shoulders, necessary longitudinal and transverse drainage from Bear Creek Road to the proposed driveway entrance near the maintenance facility. These improvements must be completed or otherwise secured prior the issuance of encroachment permits for the Hampton Road driveway connection. 32. All vehicular entrance gates shall be located sufficiently distant from the through traffic travel way to allow a vehicle to queue without obstructing traffic. Sufficient room shall be provided outside the gate to allow a ............................... 17 vehicle to turn around and re-enter the through street in a forward direction. Sight Distance 33. Provide sight distance at all driveway intersections with Bear Creek Road and Hampton Road for a through traffic design speed of 40 mph. Access to Adjoining Property Proof of Access 34. Applicant shall furnish necessary rights of way, rights of entry, permits and/or easements for the construction of off-site,temporary or permanent, public and private road and drainage improvements. 35. Encroachment permits from the County are required for all construction activity within the existing right of way of Bear Creek Road and Hampton Road Pedestrian Facilities 36. All public and private pedestrian facilities and access ways shall be designed in accordance with Title 24 (Handicap access) and the Americans with Disabilities Act. This shall include all sidewalks, paths, trails, driveway depressions, as well as handicap ramps. t,Ttilities/Undergrounding 37. All new utility distribution facilities shall be installed underground. Drainage Improvements Collect and Convey 38. The applicant shall collect and convey all storm water entering and/or originating on this property without diversion and within an adequate storm drainage facility,to a natural watercourse having definable bed and banks, or to an existing adequate public storm drainage facility which conveys the storm waters to a natural watercourse, in accordance with Division 914 of the Ordinance Code. 18 39. Storm drainage facilities required by Division 914 shall be designed and constructed in accordance with specifications outlined in Division 914 and in compliance with design standards of the Public Works, 40. Applicant shall prevent storm drainage from draining across the sidewalk and driveway in a concentrated manner. Exceptions 41. Applicant shall be permitted an exception to allow discharge of storm water to roadside ditches provided the applicant verifies the adequacy of the downstream ditch system. Creek Structure Setback 42. Applicant shall relinquish "development rights" over that portion of the site that is within the structure setback area of the creek traversing the property. The structure setback area shall be determined using the criteria outlined in Chapter 914-I4, "Rights of Way and Setbacks" of the Subdivision Ordinance. "Development rights" shall be conveyed to the County by grant deed. Encroachment of existing structures and routine maintenance thereof will be allowed within the "restricted development area." National Pollutant Discharge Elimination System (NPDES) Requirements 43. The applicant shall comply with the County's Storm Water Management and Discharge Control Ordinance(Ord. 4 96-21)and all rules,regulations and procedure of the National Pollutant Discharge Elimination System: (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or the San Francisco Bay Regional Water Quality Control Board. A "Best Management Practices" (BMP) plan shall be developed in conjunction with a Storm Water Pollution Prevention Plan and submitted for review and approval by the Public Works Department and Grading Section of the Building Inspection Department. BMPs to be considered shall include, but not be limited to; • Minimize the amount of directly connected impervious surface area. • Slope pavements to sheet flow onto planted surfaces. -- _ __ ............................................................................................................................................................................................................................................................................................................................. 19 + Prohibit or discourage direct connection of roof and area drains to storm drain systems. * Stenciling advisory warnings on all catch basins. + Trash bins shall be sealed to prevent leakage, OR, shall be located within a covered enclosure. + Develop a perpetual maintenance program for on-site clean water/drainage facilities. + All vehicle and equipment maintenance and storage of vehicle fluids shall be within a building, or on a paved surface that is covered to prevent exposure to precipitation and where run-on of storm water has been.minimized (elevated pact, berm., etc.). Drips and spills shall be absorbed (grease sweep) with absorbent materials and then disposed of properly. + Provide covered storage for hazardous materials, pesticides, fertilizers, etc, to prevent discharges into the storm drain system. + Vehicle/equipment washing shall occur off-site at an appropriate vehicle wash facility. + Develop an employee training and education program to inform employees of the need for the reduction in pollutants leaving the site, and to inform them of appropriate methods of handling potential contaminants. + Other alternatives, equivalent to the above, as approved by the Public Works Department. 20 ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL, BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR TFIE PURPOSE OF INFORMING T14E APPLICANT OF ADDITIONAL ORDINANCE AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET FNIORDER TO PROCEED WITH DEVELOPMENT. A. This project may be subject.to the requirements of the Department of Fish and Game. It is the applicant's responsibility to .notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish and Game Code. B. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained. C. This project is subject to compliance with the Bridge/Thoroughfare Fee Ordinance requirements for the Briones Area of Benefit, and the WCC Regional Fee Area of Benefit as adopted by the Board of Supervisors. These fees must be paid prior to issuance of building permits. D. Portions of this project are located in a Special Flood Hazard Area as designated on the Federal Emergency Management Agency's Flood Insurance Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Floodplain Management Ordinance(Ordinance No. 99-35)as they pertain to future construction of any structures on this property. E. Additional requirements may be imposed by the Fire District or the Building Inspection Department. It is advisable to check with these departments prior to requesting a building permit or proceeding with the project. F. The Building Inspection Department will require three sets of building plans which must be stamped by the Community Development Department and by the County Health Services Department. G. Comply with the requirements of the Health. Services Department, Environmental Health Division. H. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS,OR OTHER.EXACTIONS PERTAININI G TO THE APPROVAL OF THIS PERMIT. 21 This notice is intended to advise the applicant that pursuant to Government Cade Section 66000, et. seq, the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a ninety-day(90) period after the project is approved. The 90-day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the Community Development Department within 90 days of the approval date of this permit. CAI v'INDOWS\Temporary Internet Files\Content.IE5\OPWISNAF\LP022068rpt-FINAL(2),wpd I21I LS r. 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