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HomeMy WebLinkAboutMINUTES - 02082005 - D2 21 ensure adequate horizontal sight distance. "No Parking" signs and pavement markings shall be installed along these portions of the road subject to the review and approval of Public Works. Sight Distance: 73. Applicant shall provide sight distance at the intersection of the Della Rosa Lane and Pacheco Boulevard for a through traffic design speed of 45 miles per hour. 74. Applicant shall provide sight distance at the horizontal curve and along the entire length of Della Rosa Lane for a design speed of 25 miles per hour. 75. Sight distance easements shall be dedicated on the final map in accordance with the current Caltrans intersection "Stopping Sight Distance" requirements or Chapter 82-18 of the County Ordinance Code and County comer sight distance standards,whichever is greater. Street Lights: 76. Property owner shall apply for annexation to County Service Area L-100 Lighting District by submitting: a letter of request; a metes and bounds description; and pay the current LAFCO fees. Annexation shall occur prior to filing the final map. The applicant shall be aware that this annexation process must comply with State Proposition 218 requirements, which state that the property owner must hold a special election to approve the annexation. This process may take approximately 4-6 months to complete. Underground Utilities: 77. All new and existing utility distribution facilities shall be installed underground. Landscaping: 78. Property owner shall develop and enter into a maintenance agreement that will ensure that the proposed parkway strips within the public right of way of Pacheco Boulevard will be maintained in perpetuity. 79. The applicant shall apply to Public Works for annexation to the County Landscaping District AD 1979-3 (LL-2)for the future maintenance of public landscaping and automatic irrigation facilities prior to filing of the Final Map. Open Space: 80. Applicant shall convey landscape strips and private roads to a homeowners association, or other acceptable entity other than the County. 81. A maintenance plan of operation for all common areas, private roads and perimeter walls/fences shall be submitted for Public Works and Community Development review. The County will not accept these properties or facilities for maintenance. TO: TO: BOARD OF SUPERVISORS Contra i FROM: DENNIS M. BARRY, AICP (\//�\��o V V Sta COMMUNITY DEVELOPMENT DIRECTOR ��� �� County DATE: FEBRUARY 8, 2005 SUBJECT: HEARING ON A REZONING FROM MULTIPLE FAMILY RESIDENTIAL (M-12) To PLANNED UNIT DISTRICT (P-1) AND APPROVAL OF A FINAL DEVELOPMENT PLAN. THE SITE IS LOCATED AT 4728 PACHECO BOULEVARD IN THE MARTINEZ AREA, COUNTY FILE #RZ043140 & #DP043004, LOVING & CAMPOS ARCHITECTS INC. (APPLICANT) PAUL DELLAROSA (OWNER). (SUPERVISORIAL DISTRICT 11) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION 1. RECOMMENDATIONS A. OPEN the public hearing and receive testimony on the rezoning and final development plan. B. ADOPT the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for this project as adequate for the purposes of compliance with the N A CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RECOMMENDED E: Speaker : Deborah Lewis, 998 Grayson Lane, Pleasant Hill , VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND `UNANIMOUS(ABSENT k-q } 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: Ryan Hernandez(925) 335-1206 ATTESTED ee-', cc: Loving &Campos(Applicant) ` Paul Dellarosa(Owner) JOHN SWEETEN, CLERK ORrAHE OARD OF Public Works Department SUPERVI RS AND COUNTY ADMINISTRATOR File BY DEPUTY February 8, 2005 Board of Supervisors File#RZ043140 & DP043004 Page 2 California Environmental Quality Act, subject to the below described modification to the Mitigation Measure contained in Condition #44 (pertaining to installation of a drainage line). Find that the change in Mitigation Measure is equivalent or more effective in avoiding potential significant effects and that it in itself will not cause any potentially significant effect on the environment. C. ADOPT the recommendation of the County Planning Commission, as contained in Resolution No. 02-2005, to: 1. Rezone a 4.26-acre parcel from Multiple Family Residential (M-12) to Planned Unit District (P-1) with a variance for a parcel that has less than 5- acres (4.26-acres); and 2. Approve the final development plan with the recommended conditions, but replace the lead to Condition of Approval #44 from "Prior to issuance of a grading►permit..."to "Prior to filing► of the Final Map, or installation of impervious surface... D. INTRODUCE Ordinance No. 2005-06 giving effect to aforesaid rezoning, waive reading, and adopt the ordinance. E. ADOPT the findings contained in the County Planning Commission Resolution No. 02-2005 as the basis for the Board's action. F. DIRECT the Community Development Department to post a Notice of Determination with the County Clerk. 11. FISCAL IMPACT None. The applicant is responsible for the cost of processing the rezoning request. 111. BACKGROUND/REASONS FOR RECOMMENDATIONS The applicant is seeking to subdivide a 4.26-acre parcel into 41 lots. The project involves a request to rezone the subject property, from Multiple Family Residential (M- 12) to Planned Unit District (P-1) which is consistent with the underlying General Plan designation of Multiple Family Residential-Low Density (7.3-11.9 units per net acre). Existing uses on the site include three residences, a barn and miscellaneous accessory structures. All of the structures are centrally located on the site. Around the homes are several eucalyptus, redwood, and other trees ranging in size from two February 8, 2005 Board of Supervisors File#RZ043140 & DP043004 Page 3 inches to sixty inches trunk diameter. There are the remnants of an orchard on the eastern side of the site. The western side of the site is undeveloped. The proposed project consists of 41 courtyard homes on individual lots. The development would consist of six courtyard clusters, five or six residences clustered around a courtyard, and six homes in a more linear layout on the west side of the site. Three different single-family, detached, housing types would be developed; each courtyard would contain a mix of the housing types. The houses would be 1,620 to 1,770 square feet on an average lot size of 3,808 square feet. The houses would be two stories (maximum height of 30 feet), have three bedrooms, and a two-car garage. There are 41 to 45 foot landscaped slopes between courtyard clusters. These open space areas would be hydroseeded with grasses and wildflowers, and planted with shade trees. Modular keystone block walls would be constructed fronting Pacheco Boulevard, and planted with flowering shrubs groundcover and accent planting. Similar landscaping would be planted at the entries to each residence, street trees would be planted along Delia Rosa Lane, and other groundcovers, accent plants, shade trees, and screening trees would be planted on the site. All front yards and slope areas fronting Pacheco Boulevard would be landscaped with initial construction. "Good-neighbor" fences (finished both sides) would be built along lot lines. Retaining walls would be utilized, but would be generally hidden behind and between units. Where visible, retaining walls would be of decorative design. A. Request for Variance to P-1 Size Requirement The P-1 zoning district requires a minimum 5-acre area to qualify for application of the district to a property. In this case, the site contains only 4.26 acres, and consequently the applicant is seeking a variance to the minimum area requirement of the P-1 ordinance. The site is constrained on all sides by development and/or Pacheco Boulevard and it is not possible to make up the nearly three quarters of an acre to achieve the minimum 5-acre standard that the P-1 District requires. The applicant has designed a better-quality project through planned open space, excellent site design, and superior architecture and landscaping that more than achieves the Planned Unit District objectives. Therefore staff believes the variance request is justified. Moreover, because this project is designed as a courtyard residential project, were it to develop under the existing conventional (garden apartment) Multiple Family Residential district, M-12, standards, it would require the granting of an extensive list of variances to the conventional zoning design standards (e.g., minimum yard area, separation of structures, etc.). Application of those design standards to this February 8, 2005 Board of Supervisors File#RZ043140 & DP043004 Page 4 type of single family residential project that has been fitted to the site would not be appropriate. B. 'Environmental Review Mitigations were proposed and agreed to by the applicant that would reduce all potential impacts to a less than significant level. In other respects, staff determined the project would not result in any significant environmental impacts and proposed adoption of a Mitigated Negative Declaration determination for purposes of compliance with the California Environmental Quality Act. A mitigation-monitoring program has also been proposed and accepted by the applicant. C. County Planning Commission Hearing After determining that the proposed applications successfully integrated individual residences with the physical constraints of the site and provided for harmonious composition of mass, scale, color and textures of the houses, staff supported the granting of the applications, including conditional approval of the subdivision. One condition makes the approval of the subdivision contingent on the approval of the proposed rezoning by the Board of Supervisors. The County Planning Commission heard the applicant's rezoning, subdivision, and development plan request on November 9, 2004. There was no opposition to the project at the public hearing. After evaluating the proposal and the evidence submitted, the Commission voted to approve the subdivision and recommend approval of the proposed rezoning and final development plan to the Board of Supervisors. This approval was unanimous. Following the Commission action, no appeals were timely filed. The only matter before the Board is action on the proposed rezoning and final development plan. Staff recommends that the Board of Supervisors approve the proposed rezoning and final development plan with one minor modification. D. Reguested Timing Modification to Condition of Approval #44 (and Mitigation Measure This condition of approval and mitigation measure dictates the timing of the required improvements that are to be completed to the drainage area, known as "Line B". Stormwater runoff originating from the subject site utilizes "Line B" for drainage. "Line B" is required to be improved to handle the additional project runoff from the subdivision and development plan. The Public Works Department originally recommended the mitigation measure. February 8, 2005 Board of Supervisors File#RZ043140 & DP043004 Page 5 The applicant has requested a change to the timing of the improvements to allow a grading activity to proceed before the drainage line is installed. Staff determined that there is no impervious surface being constructed prior to the improvements of Line B, and is in support of the timing change and therefore, recommends that the Board modify condition of approval #44 to read "Prior to recordation of the final map or installation of impervious surface..." The revised language is acceptable to the Public Works Department and Flood Control District. The change in language is equivalent to the existing mitigation measure; no significant effects to the environment will result from the change. IV. CONSEQUENCE OF INACTION OR DENIAL OF PROPOSED REZONING BY THE BOARD In the event that the Board denies the request, the subject property zoned Multiple Family Residential (M-12) zoning would remain. The County Planning Commission approved the vesting tentative map for 41 lots contingent upon the Board's approval of the rezoning and final development plan approval. If the site is not rezoned, the applicant will not be able to exercise the tentative map approval and the subdivision will be inactive. ._..... ... .. .. COUNTY PLANNING COMMISSION RESOLUTION 2005-02 RESOLUTION NO. 02-2005 RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATION OF THE REQUESTED CHANGE IN ZONING AND FINAL DEVELOPMENT PLAN AND SUBDIVISION BY LOVING & CAMPOS ARCHITECTS INC. (APPLICANT) PAUL DELLAR.OSA (OWNER), IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING, FOR THE MARTINEZ AREA OF SAID COUNTY. (COUNTY FILES #DP043004, SD048818 & RZ043140) WHEREAS, a request by Loving & Campos Architects Inc. (Applicant) Paul Dellarosa (Owner) to rezone 4.26 acres from Multiple Family Residential (M-12) to Planned Unit Development (P-1) (County File #R.Z04-3140) and requests for approval of a final development plan (County File #DP04-3004) and tentative subdivision map (County File ##SD048818) for a 41 residential unit project were filed with the Community Development Department on January 27, 2004; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act and the State and County CEQA Guidelines, a Mitigated Negative Declaration was prepared and circulated for review and comments between September 8, 2004 and October 11, 2004 and the County Planning Commission adopted the Mitigated Negative Declaration at its meeting on November 9, 2004; and WHEREAS, after notice having been lawfully given, a public hearing was scheduled before the County Planning Commission on Tuesday, November 9, 2004 where all persons interested therein might appear and be heard; and WHEREAS, the County Planning Commission allowed for public testimony and closed the public hearing; and WHEREAS, on Tuesday, November 9, 2004 the County Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; NOW, THEREFORE,BE IT RESOLVED, that the County Planning Commission: 1. FINDS that the proposed Mitigated Negative Declaration is adequate for the purposes of compliance with the California Environmental Quality Act and adopts same, and that on the basis of the whole record before it, the County Planning Commission finds that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigated negative declaration reflects the County's independent judgment and analysis; 2. FINDS that the proposed rezoning to Planned Unit Development (P-1) District is consistent with the General Plan including the Multiple Family Low Density Land Use Designation; Page 2 3. FINDS that the proposed development plan is consistent with the General Plan and constitutes a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community; 4. RECOMMENDS that the Board of Supervisors ADOPT the proposed rezoning of the site from the Multiple Family Residential (M-12) District to Planned Unit (P-1) District; and APPROVE the proposed final development plan subject to conditions; and 5. APPROVES the proposed tentative subdivision map for 41 residential lots subject to conditions. BE IT FURTHER RESOLVED that the Planning Commission FINDS as follows: A. Rezoning Findings - Section 26-2.1806 requires that the following findings be made before a property is rezoned; 1. Required Finding: The change proposed substantially complies with the General Plan. Proiect Fin The project site is currently zoned multiple family residential (M-12), and designated as a Multiple-Family Residential Low-Density (ML) land use district in the General Plan. Though the zoning and land use designations are compatible the basis for the P-1 rezone allows for an architecturally and aesthetically pleasing product, while at the same time providing for consistency with the General Plan. It should be noted that other properties within the immediate vicinity are approved to the Planned Unit District (P-1) with the ML General Plan designation. The proposed rezoning to P-1, Planned Unit Development for the purpose of developing 41 courtyard homes substantially complies with the ML land use designation. 2. Required Finding: The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. Project Finding: The County Code specifically lists residential uses as being appropriate for P-1 districts and states that P-1 districts are compatible with the ML land use designation. The subject property lies in the vicinity of Pacheco Boulevard. This area is primarily developed with office and multiple family residential uses. The majority of the properties along this vicinity of Pacheco Boulevard are developed with single-family residences andlor parcels. 3. Required Finding: The Community need has been demonstrated for the use proposed. Page 3 Project Fin The County demonstrates a need for housing opportunities of all types. Infill housing developments are needed in order to lessen the pressure to expand housing development into previously undeveloped parts of the County. Rezoning of this property to P-1 will allow the higher density consistent with the ML designation while providing a highly desirable and aesthetically pleasing product. B. Findings to Establish a Planned Unit(P-1)District- Adoption of P-1 Zoning and Approval of a Preliminary or Final Development Plan. 1. Required Finding: The applicant intends to start construction within two and one- half years from the effective date of the zoning change and plan approval. Project Fin : The applicant has expressed a desire to begin construction immediately after required permits and approvals have been obtained. 2. Required Finding: The proposed planned unit development is consistent with the County General Plan. 1 7"i Project Pndinz: The General Plan designation for the project site is Multiple Family Residential Low Density. The Final Development Plan describes a development of 41 single-family units that meets the General Plan density requirements. 3. Required Finding: In the case of residential development, it will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. Prosect Finding: This section of Pacheco Boulevard is characterized primarily by residential development, with an abandoned multi family project to the north. The proposed development will be of substantially higher architectural quality and will be in harmony with the design of the future development that is being processed to the north. The desirability of the project lies in its aesthetic quality and its lot configuration. The project provides for a density level consistent with the General Plan that also produces single-family residences. The single-family residences provide for adequate guest parking and private yard areas. The addition of the landscaping plan will increase the visual and aesthetic characteristic of the project. This use of an underutilized property helps fulfill the County Housing Element within the General Plan. Page 4 C. Findings to Approve a Variance to the Minimum Property Size for Residential Developments in P-1 Districts 1. Required Finding: That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the 11 vicinity and the respective land use district in which the subject property is located. Protect Fin Through the designation of this site as a P-1 district, the developer would be allowed to provide less open area than is normally required and required setbacks would be shorter than normal. While these may appear as special privileges, the result of these exceptions would be a product that departs from typical single-family designs, enhancing the appearance of the area and helping to give it a sense of place. 2. Required Finding: That because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective 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. I Finding:P ndin--Qr: P-1 zoning is established for the adjacent north property and other properties in the immediate vicinity of the project site. P-1 rezoning would most likely be approved for a 5-acre site in this area if the Final Development Plan described development that was consistent with the single- family development pattern in the area. The proposed project is consistent with that development pattern in terms of density but cannot meet the 5-acre minimum required for P-1 districts because of its location and surroundings. Pacheco Boulevard borders the northroperty line. The east,, west and south p . property lines are bordered by existing development. 3. Required Finding: That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located. Prosect Findinz: Avproval of the variance request would allow a rezoning of the property from M-12 to P-1 for the purpose of developing 41 single-family units. Though the M-12 could allow for density specified in the General Plan the product prepared by the applicant consists of superior architectural design, lot configuration, and landscaping aiding in the visual quality and fuljllls the purpose and objectives of the P-1 zoning district. The P-1 zoning district will allow the density to be met while substantially meeting the intent of the land use district. Page 5 D. Growth Management Element Performance Standards Findings 1. Traffic: The project will generate an estimated 38 additional AM and PM peak hour trips. Therefore, the applicant is not required to prepare a traffic report pursuant to the 1988 Measure C requirements. 2. Drainage and Flood Control: The applicant shall collect and convey all stormwaters entering or originating within the project to an adequate natural or manmade watercourse including improvement to Drainage Area 57. The Final Map may not be filed until the collect and convey requirements and improvements have been met. A small portion of the site lies within a special Flood Zone (Zone "A"). No structures are proposed within this portion of the site. 3. 'Water and Waste Disposal: The project site is within the Contra Costa Water District and Mountain View Sanitation District service areas. The districts have indicated that capacity exists to support the development. 4. Fire Protection': Prior to the approval of a final map, the applicant is required to demonstrate that all of the proposed development is located within one and one- half miles of a fire station, or that development within the project that is more than one and one-half miles from a fire station shall be required to provide automatic fire sprinkler systems. The nearest station is Station 9 located at 209 Center Street, Pacheco, CA. 5. Public Protection: The Growth Management Element Standard is 155 square feet of Sheriff facility station per 1,000 population. The small population increase associated with this project is not significant. Prior to approval of the Final Map, the applicant is required to establish a police services tax district to mitigate the impacts of the development on police services. 6. Parks & Recreation: The proposed project will have a minor cumulative effect on demand for park and recreation facilities, and is subject to payment of park dedication fees in the amount of$2,000 per residential parcel to mitigate impacts. E. Approval of a Tentative Map 1. Required Finding—The County Planning Agency shall not approve a tentative map unless it shall find that the proposed subdivision, together with the provisions for its design and improvement is consistent with the applicable General and Specific Plans required by law. Project Finding — The project is consistent with the various elements of the General Plan. The land use designation is Multiple Family Residential—Low Density that allows for single family high density development. Tie tentative Page 6 map provides for 41 residential lots on a 4.26-acre parcel, which is consistent with the Multiple Family Residential—Low Density category density range of 7.0— 11.9 dwelling units per net acre. 2. Required Finding—The County Planning Agency shall not approve a tentative map unless it shall find that the proposed subdivision fulfills construction requirements. Proiect Fin — The County subdivision ordinance requires that the applicant collect and convey runoff flowing onto the project and generated from the project to an adequate manmade or natural watercourse. The applicant has not sought nor has the County granted an exception to this requirement. Such improvements shall be assured either by completion of the improvements or execution of a subdivision improvement agreement and appropriate financial security prior to approval of a final map. Similar drainage improvements far Drainage Area 57 and project road improvements will be required prior to approval of a Final Subdivision.Map. The decision of the County Planning Commission was given by motion of the County Planning Commission on November 9, 2004 by the following vote: AYES: Commissioners — Clark, Battaglia, Snyder, Mehlman, Wong, and Terrell NOES: Commissioners -None ABSENT: Commissioners - Gaddis ABSTAIN: Commissioners -None Marvin Terrell,, Chair of the County Planning Commission County of Contra Costa, State of California ATTEST: DENNIS M. BARRY, Secretary County Planning Commission, County of Contra Costa, State of California FINDINGS MAP ORDINANCE 2005-06 Findwings'-=% ............ A,2 J/ • • t ; •••• � w • a • • • • r ••r•••r••• I ■ • • • • �� po +..w . . .Ii M • i • A.4 Rezone From M-12 To -1 Martinez Area l! M.Terrel I Chair of the Contra Costa County Planning Commission,State of California,do hereby certify that this is a true and cow copy of6-13 the COLAL I I19�70 ?o ing--mat), indicatingthereon the decision of the Contra Costa County Planning Commission f in the matter ofArchiteCtS Inc- RZ04n4O 1 ATIME Swutaiyafihe CortraCostaCmntY �dCalf. ORDINANCE NO.2005-06 (Re-Zoning Land in the Martinez Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION I: Page G-13 of the County's 1978 Zoning Map(Ord.No.78-93)is amended by re-zoning the land in the above area shown shaded ,on the map(s) attached hereto and incorporated herein (see also Community Development Department File No. RZ043140 .) FROM: Land Use District M-12 Multiple Family Residential ) TO: Land Use District P-1 Planned Unit ) and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2-003. ..:::•::... ..:::.•:•.•:: c .. Y:..•.•::::.•.•.�� NO A.Z • l Pal P 21 . . . 07 O - P 1 A.4 SECTION II. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Zla •' 4?5,- , a newspaper published in this County. PASSED on r by the following vote: Supervisor Aye No Absent Abstain 1. J. Gioia { ( ) ( ) ( ) 2. G. B.Upema ( ) ( ) ( ) 3. M. N.Piepho ( ) ( ) ( ) 4. M. DeSaulnier 5. F.D. Glover ATTEST: John Sweeten,County Administrator and Clerk o the Board of Supervisors - r Chairman of the Board By (SEAL) ORDINANCE NO.2005-06 RZ043140 Loving& Campos COUNTY PLANNING COMMISSION STAFF REPORT NOVEMBER 9, 2004 Agenda Item# Community Development Contra Costa County COUNTY PLANNING COMMISSION TUESDAY,NOVEMBER 9, 2004—7:00 PM Pacheco Boulevard Courtyard Homes I. INTRODUCTION LOVING & CAMPOS ARCHITECTS INC. (Applicant)PAUL DELLROSA(Owner) This project consists of the following related applications: A. Count* File #RZ043140 — A request for approval to rezone 4.26 acres from Multiple- Family Residential, M-12,to Planned Unit Development, P-1. Additionally, a request for approval of a variance to allow 4.26 acres to be rezoned to P-1, (5-acre minimum required). B. County File #SD048818 — A request for a vesting tentative map approval to subdivide 4.26 acres into 41 single-family lots. The average lot size is approximately 3800 square 4t:� feet. C. County File#DP043004—A request for approval of a final development plan to establish 41-single family residences (1600-1800 square feet in size) on 4.26 acres of property. Approval to remove all trees (107) on site is also requested. The subject site is located at 4728 Pacheco Boulevard in the Martinez area. (Zoning: Multiple- Family Residential, M-12) (Zoning Atlas: G-13) (Census Tract: 3200.02) (Assessor Parcel Number: 161-262-012.). 111. RECOMMENDATION Adopt a motion to: A. That on the basis of the whole record before it, including the Initial Study and the comments received, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigated negative declaration reflects the County's independent judgment and analysis. The documents or other material that constitute the record of proceedings upon which the Planning Commission's decision is based may be found at the Community Development Department, 651 Pine Street, Martinez, CA under the custodian of the project planner, Ryan Hernandez(925) 335-1206. B. Find that the Mitigated Negative Declaration is adequate for the project and adopt the Mitigation Monitoring Program. Pacheco-Z_ Pacheco Boulevard Courtyard Homes C. Recommend that the Board of Supervisors: I Adopt the Mitigated Negative Declaration determination for this project for the purposes of compliance with the California Environmental Quality Act and adopt the Mitigation Monitoring Program. 2. Adopt the findings and approve the proposed rezoning to the Planned Unit (P-1) District. 3. Adopt the findings and approve the proposed Final Development Plan with conditions. D. Approve the tentative map including a condition that makes approval contingent on Board of Supervisors adoption of the proposed P-1 rezoning and Preliminary and Final development applications. III. GENERAL INFORMATION A. Surrounding Land Uses and Setting: The proposed project is surrounded by suburban portions of the City of Martinez and unincorporated Contra Costa County, and includes the following: & North. The parcel immediately to the north is an abandoned multi-family project that was approved in the 1980s, which is currently in the planning process t6 gain approval of a Final Development Plan. Some foundations and floor framing remain. Also in the project vicinity to the north is the Burlington Northern and Santa Fe railroad, residential uses and commercial uses. 0 East. Across Pacheco Boulevard land uses include ranches and suburban residential development. 0 South. Immediately to the south of the project site are four single-family homes and an approved small lot subdivision on approximately 3 acres. Two of the homes gain access from an existing easement located along the south property line of the project parcel. General land uses south of the project site are residential and undeveloped. & West. The Shannon Hills residential development in the City of Martinez is west of the pro)ect site B. Site Description: The residential project site is a single 4.26-acre parcel with one owner. It slopes up approximately 10 percent from Pacheco Boulevard. Existing uses on the site include three residences, a barn and miscellaneous accessory structures. All of the structures are centrally located on the site. Around the homes are several eucalyptus,, redwood, and other trees ranging in size from 2 inches to 60-inches trunk diameter. There are the remnants of an orchard on the eastern side of the site. The western side of the site is undeveloped. Access to the site is provided from Pacheco Boulevard. There are driveways along both the north and south property lines,within the project site. The driveway along the south property line provides access to one of the residences on the project site as well as to the residences adjacent to the project site. Files#RZ043140,DP043004,SD048818 County Planning Commission Tuesday,November 9,2004 C. General Plan: Multiple-Family Residential Low-Density(ML). Allowed density is 7.3 to 11.9 dwelling units/net acre. This parcel has a density range of up to 41 units per net acre. D. Existing Zoning: Multiple-Family Residential District(M-12). E. Adjacent Residential Project: The adjacent property to the north is currently proposing a residential project that consists 85 single-family homes and associated landscaping, private roadway and parking areas. The average lot size is approximately 4800 square feet. F. Regulatory Programs: 1. Flood Zone: The majority of the site is located within Flood Zone"C"panel 00900. There is a very small portion of the northern most comer of the subject site that lies within Flood Zone"A". No structures or buildings are proposed on the tentative map within this area. 2. 60 dba Noise Control: The sources of noise in the project vicinity include traffic on Pacheco Boulevard, traffic on 1-680, and noise related to the BNSF railroad. Noise from Pacheco Boulevard masks the noise from 1-680. Noise from the BNSF, which is audible, is intermittent and does not affect the total equivalent continuous noise level. A noise survey was conducted- for the project site. Results of the measurements show that 24-hour average noise level (DNL) at the measuring location was 69 dBA. TV. PROPOSED PROJECT The proposed project is a residential development that consists of 41 homes and associated landscaping, roadways and parking areas. Improvements to DA57 are as also part of the proposed project. A. Residential Development: The proposed project consists of 41 courtyard homes on individual lots. Gross residential density would be less than 10 units per acre. The applicant is requesting a Vesting Tentative Subdivision Map. The development would consist of six courtyard clusters, five or six residences clustered around a courtyard, and six homes in a more linear lay out on the west side of the site see. Three different single- family, detached,housingtypes would be developed; each courtyard would contain a mix of the housing types. The houses would be 1,620 to 1,770 square feet on an average lot size of 3,808 square feet. The houses would be two stories (maximum height of 35 feet), have three bedrooms, and a two-car garage. The proposed project would include the creation of a homeowners association. B. Landscaping and Open Space: All existing large individual trees and the remnants of a fruit orchard will be removed. A landscape concept for the residential development is included as Sheet L-1 in the application packet. The courtyards are terraced west across the property. There are 41 to 45 foot landscaped slopes between courtyard clusters. These open space areas would be hydroseeded with grasses and wildflowers, and planted with shade trees. Modular keystone block walls would be constructed fronting Pacheco Boulevard, and planted with flowering shrubs groundcover and accent planting. Similar landscaping would be planted at the entries to each residence, street trees would be owl S-') Pacheco Pacheco Boulevard Courtyard Homes planted along Della Rosa Lane, and other groundcovers, accent plants, shade trees, and screening trees would be planted on the site. All front yards and slope areas fronting Pacheco Boulevard would be landscaped with initial construction. "Good-neighbor" fences (finished both sides) would be built along lot lines. Retaining walls would be utilized, but would be generally hidden behind and between units. Where visible, retaining walls would be of decorative design. The homeowners association would maintain the common areas. C. Transportation, Circulation and Parking: A private driveway off of Pacheco Boulevard, "Della Rosa Lane" would provide access to the site. An existing easement along the south property line would be retained, and used in conjunction with a new emergency vehicle access lane looping back to Della Rosa Lane, to facilitate fire department access. The easement would also continue to provide access to two residences on the adjoining property located to the south. The project has been designed to accommodate the realignment of Pacheco Boulevard as planned by County Public Works. Della Rosa Lane would be 36 feet wide (curb to curb"; this would allow parking on both sides of the road. A total of 68 guest parking spaces would be provided in addition to the code requirement of 2 parking spaces per dwelling unit (84 spaces). On street parking on Della Rosa Lane would provide 30 parking space and driveway areas would provide 38 parking spaces. Each residence would include a two-car garage. D. Rezonini4 and Variance: The General Plan designation for the project site is Multi- Family Low Density that allows between 7.3 and 11.9 multi-family units per acre. 1 However, in order to accommodate lot area and setback requirements for the proposed courtyard homes, both a re-zoning to P-1 and a Variance to allow P-1 zoning on a property less than 5 acres in requested by the applicant. E. Drainage Area 57 iMprovements: Drainage from the project site would be captured in DA57, and improvements to accommodate this flow would be made to DA57 as part of the proposed project. Improvements would be made to the existing storm water conveyance system, within an existing County drainage easement, in the area northeast of the residential project site, across Pacheco Boulevard, between the two commercial uses and then under the Burlington Northern and Santa Fe railroad line. The improvements to DA57 would include the construction of approximately 250 linear-feet of 72-inch concrete pipe, 3 headwalls, one junction box structure and 170 linear-feet of channel grading. A portion of this work would take place within a wetland area. F. Site Preparation: Site preparation would include the demolition of all existing structures and the removal of all trees. The project has been designed to minimize grading qualities and depth by terracing clusters of courtyard homes to accommodate the gentile slope of the property. The project grading would be balanced on site. V. AGENCY COMMENTS A. Count Ge-°l°_ In a report dated August 16, 2004, the County Planning Geologist reported on his peer review evaluation of the soils report submitted with the application. The report was provided by Terrasearch Inc. provides adequate geologic and geotechnical data sufficient toe define the landslide and grading impacts and to identify detailed mitigation measures. The Mitigation Monitoring Program that is attached does include the soils mitigations. 4 Files#RZ043140,DP043004,SD048818 County Planning Commission Tuesday,November 9,2004 B. Airport Land Use Commission: The memorandum dated July 1,2004,indicates that the project site is within the Buchanan Airfield Influence Area and the Airspace Protection Contours. The Airport Influence Area encompasses location commonly over flown by aircraft as they approach and depart the airport or fly within the traffic pattern. A deed restriction for the project is recommended that indicates to potential homebuyers these homes are located within the Airport Vicinity. This recommendation has been incorporated into the recommended conditions of approval (SUB COA#12) C. Consolidated Fire Protection District: In a memorandum dated March 8, 2004, the District noted that developer shall provide two points of access because the development exceeds more than 25 homes. The revised tentative map provides the required two points of access. D. Other Public Agencies: Comments were received from the Building Inspection Department, Environmental Health,Historical Resources,Central Sanitary, and the Martinez Unified School District. None of the above listed agencies indicate any problem in providing service to this project. No comments were received from Contra Costa Water District, Comprehensive Planning, City of Martinez, or Vinehill Community Improvement Association. V1. STAFF ANALYSIS &DISCUSSION A. Consistency with General Plan Policies • Land Use Element—General The General Plan density requirement for the parcel is 7.3 — 11.9 units/net acre, which equates to an allowed density of up to 41 units for this parcel. The 41-unit proposal is consistent with this range with the density calculated at 11.9-units/net acre. The proposal is consistent with the following general Land Use Element policies* Policy 3-8.- Infilling of already developed areas shall be encouraged...In accommodating new development, preference shall generally be given to vacant or underused sites within urbanized areas, which have necessary utilities installed with available remaining capacity, before undeveloped suburban lands are utilized. Policy 3-16.- Communio)appearance shall be upgraded by encouraging redevelopment, where appropriate, to replace inappropriate uses. Policy 3-28.- New residential development shall be accommodated only in areas where it will avoid creating severe unmitigated adverse impacts upon the environment and upon the existing community. • Land Use Element—Policies for the Vine Hill/Pacheco Area This project does not conflict with any of the outlined policies in the specific Vine Hilll Pacheco Area land use element of the General Plan. • Noise Element S-5) Pacheco Boulevard Courtyard Homes Policy 11-5 Pertains to development in residential areas that are subject to single events such as nearby Buchanan Field Airport. The project should be designed so that indoor noise levels due to these single events shall not exceed a maximum A-weighted noise level of 50 dB in bedrooms and 55 dB in other habitable rooms. The applicant shall show compliance by including needed noise insulation features included in the design. (SUB COA#45,46, and 47 & MMP Noise 1,2 and 3) B. Proposed Zoning (P-Lh. The P-1 zoning designation is more appropriate than M-12 because of the additional design flexibility the P-1 entails. The project proposes an architecturally pleasing cohesive design and allows for diversification of structures and lot spaces. C. Site Plan and Setbacks: Staff has reviewed the lot layout and the"cluster"housing and believes that the project overall meets the intent of the General Plan and the P-1 zoning district. Because of the courtyard nature of the project and"clustering" of the units, a typical approach to front, side and rear yards is not appropriate for the primary structures. The project has been designed to provide minimum buildingcode separation between structures and a usable backyard space with a minimum dimension of 12', for each unit. In addition a significant landscape area has been provided along Della Rosa Lane and along Pacheco Blvd. The project plan also includes significant separation between the existing homes,to the south of the project, and the closest units. Therefore,the required yards for primary structures shall be as shown on the Vesting Tentative Map, Sheet C-4 dated 3/25/04 and the Single Family R-6 zoning district shall be a design guide except for the specific guidelines listed in (SUB COA#5). D. Consistence With Zoniny, Regulations and Requested Variance: The Planned Unit District requires a 5-acre minimum please see Section"E"of the Findings and Conditions. E. Trees: Tree Inventory/Assessment was completed for this site by Maureen Hamb, WCISA Certified Arborist in December, 2003; this Assessment is available for public review at Contra Costa County. The project site is subject to the County Tree Protection and Preservation Ordinance. The Arborist surveyed 107 trees, of which 94 appear to be on the project site. The trees include on the site are fruit, olive, eucalyptus, redwood, almond, pine, elm, locust, cot- tonwood, oak, walnut and cypress trees. The proposed project would require the removal of all trees on the site. The applicant has proposed a preliminary landscape plan that provides for trees, shrubs, perennials, groundcover, and vines to be installed throughout the project. A condition of the projects approval will consist of requiring an adequate landscape plan to replace the trees that are proposed to be removed, see sheet L-1 and L-2 attached and condition of approval (SUB COA#19). F. Child Care Needs Assessment: A childcare needs assessment was conducted by the Contra Costa Child Care Council dated April 8, 2004. The needs assessment concluded there is an additional need for 10 children,which required licensed childcare. The Council also concluded that the anticipated number of additional child is not large enough to suggest the need for a new childcare facility in the area. Therefore staff recommend that due lack of project area the applicant shall be required to pay the in lieu fee of$400.00 per unit. (SUB COA# 49) G. Compliance with the California Environmental Quality Act (CEOA): An Initial Study and Mitigated Negative Declaration were prepared for this project in accordance with the requirements of the California Environmental Quality Act. The Negative Declaration was 6 Files#RZ043140,DP0430049 SD048818 County Planning Commission In Tuesday,November 9,2004 posted September 8, 2004 with the comment period ending October 11, 2004. Staff has summarized the sections from the Initial Study that require mitigations and listed the corresponding condition of approval number in an effort to simplify reading of the staff report. %-1 The Initial Study and the Mitigation Monitoring Program is attached for detailed review. Aesthetics The existing visual character of the residential site is represented by several aging residences and a barn as well as several miscellaneous accessory structures in various stages of disrepair. Around the homes are several eucalyptus, redwood, and other trees. There are the remnants of an orchard on the eastern side of the site. The proposed project would redevelop the site with 41 residences and would include the removal off all existing structures and vegetation. The character of the site would change from rural to suburban. This change is consistent with existing General Plan and Zoning designations for the site, and would not be considered to degrading the character of the site. The existing visual character of the surrounding area is suburban;the proposed project would be similar to this character. The proposed project would create a new source of light and glare in the area. Preliminary Landscape plans for the project site include streetlights and it is assumed that there would be additional lighting associated with the new residences and landscaping. Further analysis is available in the attached Aesthetics section of the Initial Study. There is one mitigation related to Aesthetics for the project and can be found in the attached Mitigation Monitoring Program. (SUB COA#20) Air Qualilj1 An air quality plan describes air pollution control strategies to be implemented by a city, county, or region classified as a nonattainment area. The main purpose of an air quality plan is to bring the area into compliance with the requirements of federal and State air quality standards. To bring the San Francisco Bay Area region into attainment, the Bay Area Air Quality Management District (BAAQMD)has developed the 2001 Ozone Attainment Plan and the 2000 Clean Air Plan(CAP). The air quality plans use the assumptions and projections of local planning agencies to determine control strategies for regional compliance status. Since the plans are based on local General Plans, projects that are deemed consistent with the applicable General Plan are usually found to be consistent with the air quality plans. Development of the proposed project would not significantly change the overall buildout scenario for Contra Costa County envisioned in the County's General Plan. Further analysis is available in the attached Air Quality section of the Initial Study. There is one mitigation related to Air Quality for the project and can be found in the attached Mitigation Monitoring Program. (SUB CLIA#21) Bioloim A Biological Assessment was completed for both the residential site, 4728 Pacheco Boulevard, and the neighboring Drainage Area 57 Improvements site (DA57) by Wood Biological Consulting and Wildlife Research Associates in August 2004; these Assessments are available for public review at Contra Costa County. Peer review was conducted by LSA Associates, Inc. and their findings are also available for public review at Contra Costa County. S-7 Pacheco Boulevard Courtyard Homes The majority of the residential project site consists of existing residential structures and associated landscaping and supports species that are typically associated with and well-adapted to urban sites. The remaining portions of the site consist of highly-disturbed, non-native grassland and an old orchard, and are unlikely to support special-status plant and animal species. DA57 that is part of the project site consists of approximately 1.5 acres of historically disturbed and altered land on the northeast side of Pacheco Boulevard near 4677 Pacheco Boulevard, as well as a small area north of the BNSF railroad embankment. Specifically, the site consists of an artificially-created storm water conveyance system between Pacheco Boulevard and an outfall on the north side of the railroad right-of-way. The site has been heavily modified by recent and historical grading and filling, although wetland vegetation has become established where surface flows back up behind the railroad embankment. Several habitat types are present, including: non-native grassland/ruderal, seasonal wetland, creeping wildrye grassland, coastal/valley freshwater marsh, willow riparian scrub, and a planted grove of cottonwood (Populus firemon tii) trees. Further analysis is available in the attached Biological Resources section of the Initial Study. There are a total of seven mitigations related to Biological Resources for the project and can be found in the attached Mitigation Monitoring Program. (SUB COA#22-28) Geology A limited scope geologic reconnaissance was performed by Terrasearch Inc. This assessment is available for public review at Contra Costa County. It concludes that the project is feasible, based on limited subsurface data. Figure 5 of the report provides a geologic cross-section with a corrective grading plan. Calculated safety factors suggest that the remediation plan will yield adequate safety factors. Terrasearch considers this to be a preliminary interpretation, requiring further subsurface exploration, laboratory testing and engineering analysis. The purpose of this future study is to refine the interpretation of site conditions and to provide final geotechnical recommendations. Terrasearch recommends that the design-level investigation be made a condition of approval. Terrasearch also recommends that they be provided the opportunity to review plans prior to issuance of construction permits to ensure consistency with the intent of geotechnical recommendations; and that the geotechnical engineer observe grading and perform testing to provide documentation of the as-built condition; and to make supplemental recommendations if exposed conditions require changes to the approved grading plans. The peer review geologist of the County considers the geologic and geotechnical data sufficient to define the landslide and grading impacts and to identify detailed mitigation measures. Implementation of the following mitigation measure would reduce potential landslide impacts to a less-than-significant level for further analysis please review the Geologic Resources Section of the attached Initial Study. Further analysis is available in the attached Geological Resources section of the Initial Study. There are a total of thirteen mitigations related to geology an soils for the project and can be found in the attached Mitigation Monitoring Program. (SUB COA#29-41) Hazards and Hazardous Materials A Phase I Environmental Site Assessment and a Phase 11 Environmental Site Assessment have been completed for the residential site by Terrasearch, Inc. in October and November 2003, respectively. These Assessments are available for public review at Contra Costa County. The discussions summarize the findings of these assessments. Files#RZ043140,DP043004,SD048818 County Planning Commission Tuesday,November 9,2004 All of the permanent structures at the project site were constructed prior to the 1980s, and therefore may contain lead-based paint and/or asbestos-containing materials. Demolition of these structures may have the potential to release lead particles and asbestos fibers into the air, where they could potentially pose a health risk to construction workers and the general public. Adherence to applicable laws and regulations would minimize impacts to human health and the environment. There are a total of two mitigations related to Hazards and Hazardous Materials for the project and can be found in the attached Mitigation Monitoring. (SUB COA #42&43) Hydrology and Water Quality Existing uses on the site include three residences, a barn and miscellaneous accessory structures. The proposed project would redevelop the site with 41 residences and associated roadways and driveways. The proposed project would increase the amount of impervious surface and thus increase the amount of surface runoff from the site. Line B of Contra Costa County Flood Control &Water Conservation District's(CCCF&WCD) Drainage Area 57 is located to the northwest of the site east of Pacheco Boulevard, and to the southeast of the site in Pacheco Boulevard. The Improvements in the CCCF&WCD Drainage Area Plan were designed to accommodate the land uses in the General Plan, including development of the project site. The adopted drainage area plan calls for replacing the existing 36-inch pipes with 72-inch pipes under the BNSF railroad track embankment and under the private driveway serving the properties across Pacheco Boulevard. Without these improvements, flooding could occur on lower elevation properties along Pacheco Boulevard. There are a total of thirteen mitigations related to geology an soils for the project and can be found in the attached Mitigation Monitoring Program. (SUB COA#44) Noise An Environmental Noise Study and Supplemental Recommendations were completed for this site by Shen Milsom Wilke in February 2003 and August 2004, respectively. These studies are available for public review at Contra Costa County. The discussion below summarizes the findings of those studies. The sources of environmental noise in the project vicinity include traffic on Pacheco Boulevard, traffic on I-680, and noise related to the BNSF railroad. Noise from Pacheco Boulevard masks the noise from I-680. Noise from the BNSF, which is audible, is intermittent and does not affect the total equivalent continuous noise level. A noise survey was conducted for the project site. Results of the measurements show that 24-hour average noise level (DNL) at the measuring location was 69 dBA. This level is "Normally Unacceptable" under HUD Guidelines and "Conditionally Acceptable"under Contra County standards. Further analysis is available in the attached Biological Resources section of the Initial Study. There are a total of three noise mitigations for the project and can be found in the attached Mitigation Monitoring Program. (SUB COA#45146, & 47) Utilities The proposed project will be located on a suburban infill site that is already served by public service systems. The proposed project would include net increase of 38 residences on the project site. The level of public services required for the site would be similar to or slightly greater than the level currently demanded. As part of the building permit review process, all S-9 Pacheco Boulevard Courtyard Homes departments and agencies responsible for providing services are consulted to determine their ability to provide services to proposed development projects. Specifically, the site consists of an artificially-created storm water conveyance system between Pacheco Boulevard and an outfall on the north side of the railroad right-of-way. The site has been heavily modified by recent and historical grading and filling, although wetland vegetation has become established where surface flows back up behind the railroad embankment. Several habitat types are present, including: non-native grassland/ruderal, seasonal wetland, creeping wildrye grassland, coastal/valley freshwater marsh, willow riparian scrub, and a planted grove of cottonwood (Populus fremontii) trees. Further analysis is available in the attached Biological Resources section of the Initial Study. There are a total of three noise mitigations for the project and can be found in the attached Mitigation Monitoring Program. (SUB COA#48) Public Comments on the Proposed Mitigated Negative Declaration Determination Staff received written comment (attached) from the following agencies: Contra Costa County Transportation Planning Division, Department of Toxic Substances Control, Contra Costa County Water Distinct, and the Department of Fish and Game. Staff Response: The listed agencies do not challenge the determination of the environmental document but rather acknowledge receiving notice with the exception of the Transportation Division. Transportation Planning Division Comments: "The applicant .should be condition to provide sidewalks, and if warranted a bus turnout, along the frontage of the project on Pacheco Boulevard. They should be requested to consult with he local transit operator, Contra Costa County Connection to see what service they presently provide and/or plan to provide in the future along this section of Pacheco Boulevard. Should transit service exist or is planned the applicant should be conditioned to contribute monies to or if warranted construct a bus turnout and shelter along this section of Pacheco Boulevard." Staff Response: Rather than a mitigation measure, the applicant is being required to provide a sidewalk along the private road per the Final Development Plan and provide a sidewalk along Pacheco Boulevard as required by (SUB COA #56). In addition the applicant shall be required to provide the outlined information above regarding the bus turnout. (SUB COA# 11) IX. SUBDIVISION, ROAD AND DRAINAGE CONSIDERATIONS Traffic and Circulation/Roads: A private road, Della Rosa Lane, will be used for internal access to smaller private roads, each serving several properties. Della Rosa Lane will narrow from a 36-foot paved width to a 28-foot paved width as it bends to the south near the back of the property. The 36- foot paved width will allow parking on both sides, whereas the 28-foot paved width will only allow parking along one side of the street. 1= The County established a"precise alignment"for Pacheco Boulevard in 1968 {drawing PA 3951-68 L__ on file with the Public Works Department). The applicant is required to dedicate the necessary right of way along the project frontage to accommodate the planned realignment and improvements. 10 Files#RZ043140,DP043004,SD048818 County Planning Commission Tuesday,November 9,2004 The applicant will need to ensure there is adequate sight distance along the horizontal curve of Della Rosa Lane. Parking along the inside of the curve shall be prohibited. The applicant shall install removable bollards at the south end of the emergency vehicle access to prohibit vehicles from entering and parking. The bollards shall not encroach into the designated turnaround area. The applicant must also ensure the bollards blocking emergency vehicle access are removable and provide adequate turning radius (both directions) at the intersections with Della Rosa Lane and the 16/25-foot access easement. Drainage: The property is located within Drainage Area 57, which is known to have some inadequate drainage facilities, particularly those downstream of the proposed subdivision. The proposed project requires major drainage improvements under the collect and convey requirements of the County Ordinance Code. Storm drainage from the project will be conveyed to the Drainage Area 57 Line B channel, which has been partially upgraded during past developments in the area. The applicant must construct the necessary improvements to ensure this channel has the adequate capacity to handle the additional run-off from the project. This includes constructing and/or replacing drainage facilities, as necessary, to the satisfaction of the Flood Control District. Subdivision 8861 is also tributary to DA 57 Line B and obligated to assist in constructing the necessary improvements. The applicant must obtain permanent drainage easements and temporary construction permits for the construction of all Line B facilities. Access roads for maintenance purposes need to be constructed within appropriate easements to the upstream end of the 72-inch culvert under the railroad. X. CONCLUSION With the implementation of the Mitigation Monitoring Program, the whole of the project does not adversely affect the environment. Though the density is maximized it is done in a fashion that promotes single-family detached residences through the "clustering" of homes that provides for a sense of area and community. These houses share a common driveway and smaller front yard setback but also provide individual private rear yard areas. Overall the project is in compliance with the goals and policies of the General Plan. The rezoning to the Planned Unit District is justified for the purpose of implementing the General Plans Housing Element for underutilized properties and allowing increased design flexibility to enliven the appearance of the area. 5-11 FINDINGS AND CONDITIONS OF APPROVAL FOR RELATED APPLICATION SD048818 FINDINGS AND CONDITIONS OF APPROVAL FOR VESTING TENTATIVE MAP COUNTY FILE #SD048818, FINAL DEVELOPMENT PLAN COUNTY FILE #DP043004, and REZONE TO PLANNED UNIT DISTRICT COUNTY FILE#RZ043140: A. Growth Management Performance Standards 1. 'Traffic: The project will generate an estimated 38 additional AM and PM peak hour trips. Therefore, the applicant is not required to prepare a traffic report pursuant to the 1988 Measure C requirements. 2. Drainage and Flood Control: Condition #82 of the requires that the applicant collect and convey all stormwaters entering or originating within the project to an adequate natural or manmade water course including improvement to Drainage Area 57. The Final Map may not be filed until the collect and convey requirements and improvements have been met. A small portion of the site lies within a special Flood Zone (Zone "A"). No structures are proposed within this portion of the site. 3. Water and Waste Disposal: The project site is within the Contra Costa Water District and Mountain View Sanitation District service areas. The districts have indicated that there is capacity exists to support the development. 4. Fire Protection: Prior to the approval of a final map, the applicant is required to demonstrate that all of the propose development is located within one and one-half miles of a fire station, or that development within the project that is more than one and one-half miles from a fire station shall be required to provide automatic fire sprinkler systems. The nearest station is Station 9 located at 209 Center Street,Pacheco, CA. (Ref. COA 17) 5. Public Protection: The Growth Management Element Standard is 155 square feet of Sheriff facility station per 1,000 population. The small population increase associated with this project is not significant. Prior to approval of the Final Map, the applicant is required to establish a police services tax district to mitigate the impacts of the development on police services. 6. Parks & Recreation: The proposed project will have a minor cumulative effect on demand for park and recreation facilities, and is subject to payment of park dedication fees in the amount of $2,000 per residential parcel to mitigate impacts. B. Findings for Approval of a Rezoning 1. Required Finding: The change proposed will substantially comply with the general plan. Proiect Finding: The project site is currently zoned multiple family residential (M-12), and designated as a Multiple-Family Residential Low-Density (ML) land use district in the general plan. Though the zoning and land use designations are compatible the basis for the P-1 rezone allows for an architecturally and aesthetically pleasing product, while at the same time providing for consistency with the General Plan. It should be noted that other properties within the immediate vicinity are approved to the Planned Unit District (P-1) with the ML general plan designation. The proposed rezoning to P-1, Planned Unit Development for the purpose of developing 41 courtyard homes substantially complies with the MH land use designation. 2 2. Required Finding: The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. Protect Finding: The County Code specifically lists residential uses as being appropriate for P-1 districts and states that P-1 districts are compatible with the ML land use designation. The subject property lies in the vicinity of the Pacheco Boulevard on. This area is primarily developed with office and multiple family residential uses. The majority of the properties along this vicinity of Pacheco Boulevard are developed with single-family residences and/or parcels. 3. Required Finding: Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Protect Finding: The County demonstrates a need.for housing opportunities of all types. Infill housing developments are needed in order to lessen the pressure to expand housing development into previously undeveloped parts of the County, namely the East County region. This rezoning of this property to P-1 will allow the higher density consistent with the ML designation while providing a highly desirable and aesthetically pleasing product. C. FindinLys to Establish a Planned Unit(P-1)District Adoption of P-1 Zoning and Approval of a Preliminary or Final Development Plan. 1. Required Finding: The applicant intends to start construction within two and one-half years from the effective date of the zoning change and plan approval. Prosect Finding: The applicant has expressed a desire to begin construction immediately after required permits and approvals have been obtained. 2. Required Finding: The proposed planned unit development is consistent with the County general plan. Project Finding: The general plan designation for the project site is Multiple-Family Residential Low Density. The Final Development Plan describes a development of 41 single-family units that meets the general plan density requirements. 3. Required Finding: In the case of residential development, it will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. Prosect Finding: This section of Pacheco Boulevard is characterized primarily by residential development, with an abandoned multi family project to the north. The proposed development will be of substantially higher architectural quality and will be in harmony with the design of the future development that is being processed to the north. The desirability of the project lies in its aesthetic quality and its lot configuration. The project provides for a density level consistent with the general plan that also produces single-family residences. The single-family residences provide for adequate guest parking and private yard areas. The addition of the landscaping plan will increase the visual and 3 aesthetic characteristic of the project. This use of an underutilized property helps fulfill the County Housing Element within General Plan. D. A Wroval of Tentative 0 Required Finding: The County Planning Agency shall not approve a tentative map unless it shall find that the proposed subdivision, together with the provisions for its design and improvement,is consistent with the applicable general and specific plans required by law. Proiect Finding. The project is consistent with the various elements of the General Plan. The land use designation is ML, which allows for single-family high-density development. The tentative map provides for 41 residential lots on a 4.26-acre parcel, which complies with the density requirement. The project is consistent with the policies for the Pacheco area. 0 Required Finding: The County Planning Agency shall not approve a tentative map unless it shall find that the proposed subdivision fulfills construction requirements. Project Finding: Public Works requires that the project comply with collect and convey regulations and design standards for construction of private roads. Improvements include the private road (Della Rosa Lane) and improvements to Drainage Area 57. The County Geologist stated that the site is suitable for construction from a geologic standpoint with the implementation of the geologic mitigations. Buildings must comply with the requirements Of the Uniform Building Code, which includes provisions for special interior noise reduction, which is made necessary by proximity to Pacheco Boulevard. E. Findings to A Developments in =rove a Variance to the Minimum Property Size for Residential Deve opme s P-1 Districts 1 Required. Finding: That 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. Proiect Finding: Through the designation of this site as a P-1 district, the developer would be allowed to provide less open area than is normally required and required setbacks would be shorter than normal. 91hile these may appear as special privileges, the result of these exceptions would be a product that departs from typical single-family designs, enhancing the appearance of the area and helping to give it a sense of place. 2. Required Finding: That because of special circumstances applicable to the subject property because of its size, shape,topography, location or surroundings,the strict application of the respective 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: P-1 zoning is established for the adjacent north property and other properties in the immediate vicinity of the project site. P-1 rezoning would most likely be approved for a 5-acre site in this area i the Final Development Plan described f development that was consistent with the single-family development pattern in the area. The proposed project is consistent with that development pattern in terms of density but cannot meet the 5-acre minimum required for P-1 districts because of its location and surroundings. Pacheco Boulevard borders the north property line. The east, west and south property lines are bordered by existing development. 4 1. Required F That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located. Project Findin Approval of the variance request would allow a rezoning of the property Approval from M-12 to P-1 for the purpose of developing 41 single-family units. Though the M-12 could allow.for density specified in the general plan the product prepared by the applicant consists of superior architectural design, lot configuration, and landscaping aiding in the visual quality and fulfills the purpose and objectives of theP-1 zoning district. The P-1will allow the density to be met while substantially meeting the intent of the land use district. CONDITIONS OF APPROVAL General 1. This approval is based upon the exhibits received by the Community Development Department listed as follows: Approved Per Plans as Generally shown on the Tentative Map and Development Plans: A. Sheets A-2 through A-9 dated January 2004 and received on April 1,2004 by the Community Development Department. Included in these sheets (A-) are the following plans: Development Plan (A-2), First, Second & Roof Plan (A-3), Courtyard Elevations (A-4),Unit Type 1 A& 1B (A-5),Unit Type 2A&2B (A-6),Unit Type 3A& 3B (A-7),Unit Type 3C(A-8), and Site sections(A-9). B. Sheets C-1 through C-5 dated March 2004 and received by the Community Development Department on April 1, 2004. Included in these sheets (C- are the following plans: Stormscreen,Private Street,V-Ditch, and Retaining Wall Plan(C-1), Vesting Tentative Map and Preliminary Grading (C-2), Preliminary Utility Plan (C- 3),Development Plan(C-4), Sections (C-5). C. Sheet No. L-1 and L-2. Preliminary Landscape Plan. The approval is also based upon the following reports: D. Terrasearch, Inc. 2004—Preliminary Landslide Evaluation and Geotechnical Investigation. January 2004. E. Darwin Myers Associates, 2004. Geologic Review Services Contract, Pacheco Boulevard Courtyard Homes. August 16. F. Hamb, Maureen, WCISA Certified Arborist, 2003. Tree Inventory/Assessment 4728 Pacheco Boulevard. December, 17. 5 G. Terrasearch, Inc. 2003. Phase I Environmental Site Assessment, October & Phase II Environmental Site Assessment,November. H. William Self Associates. 2003. An Achaeological Assessment of a 4.26- Acre Parcel (APN 161-262-022) Located at 4728 Pacheco Boulevard, Martinez, Contra Costa County,California.December 12. I. Wood Biological Consulting - 2004 - Wetland Delineation and Preliminary Jurisdictional Determination for the Proposed Drainage Area 57 Improvements, Contra Costa County Flood Control and Water Conservation District. July 16; and Wood Biological Consulting and Wildlife Research Associates - 2004 - Biological Assessment for the DellaRosa Property. August 4; and Wood Biological Consulting and Wildlife Research Associates. 2004. Biological Assessment for the Proposed Drainage Area 57 Improvements. August 3. J. Child Care Council, Needs Assessment for Pacheco Boulevard Courtyard Homes Project, dated April 8,2004. 2. A and Final Approval is Contingent on Consistent Approval of Related Rez Development Plan Applications – This subdivision shall be approved contingent upon approval of the rezoning request File#RZ043140 from Multiple-Family,M- 12 to Planned Unit District, P-1 and Final Development File #DP043004. IF the site is not rezoned this approval shall be null and void. Any inconsistencies between the Final Development Plan and the tentative map application will require modification of the tentative map approval prior to any development being authorized. 3. Applicant Indemnification of Co Pursuant to Government Code Section 66474.9, the applicant (including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa County PI * 9 Agency and its agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents, officers, or employees to attack, set aside, void, or annul, the Agency's approval concerning this subdivision map application, which action is brought within the time period provided for in Section 66499.37. The County will promptly notify the subdivider of any such claim, action, or proceeding and cooperate fully in the defense. 4.— Compliance Report – At least 45 days prior to filing a final map or issuance of grading permit, which ever occurs first, the applicant shall submit a report on compliance with the conditions of approval with this permit for the review and approval of the Zoning Administrator. The fee for this application is a deposit of $1,000 that is subject to time and materials costs. Should staff costs exceed the deposit, additional fees will be required. A. 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. The report shall also indicate whether the applicant believes that he has done all the applicant is in a position to do to comply with the applicable condition. (A copy of the 6 computer file containing the conditions of approval may be available; to try to obtain a copy, contact the project planner at 335-1206.) B. Unless otherwise indicated, the applicant will be required to demonstrate compliance with the condition of this report prior to filing the final map. Residential Design 5. Prior to the issuance of building permits the applicant shall provide for the review and approval of the Zoning Administrator a colors and materials sample. The materials submitted shall provide sufficient variation to enhance the subdivision design. The guide for development shall be the Single-Family(R-6)District, subject to the Zoning Administrator's review and approval at the time of issuance of building permits, except as follows: A. Stories Maximum of two stories B. Primary Structure Height Maximum of 30-feet C. Primary Structure Setbacks As generally Shown on Sheet C-4 of the Final Development Plan D. Accessory Structure: Size 300-square feet Height Maximum 12-feet Rear and Side Yard Setback Minimum of 3-feet Creation of Homeowners Association and CC&R's 6. Creation of a Home Owners Association and CC&R's — Covenants, Conditions and Restrictions shall be submitted for review and approval of the Zoning Administrator prior to filing the Final Map. This document shall provide for the creation of a homeowners association that is responsible for maintenance of the private streets, sidewalks, drainage, and common areas. Common areas include the community driveway, Private Road, Sidewalks, and Pacheco Boulevard Frontage. Alternative Street Names 7. Submittal of Alternative Street Names — At least 30 days prior to filing a Final map, three alternative street names for the proposed private road shall be submitted for the review and approval of the Community Development Department, Graphics Section (335-1270). The Final Map cannot be certified by the Community Development Department without the approved street names. 7 Scenic Easement 8. Prior to the filing of the Final Map the applicant shall add a"scenic easement"to lots 11, 12, 30, 31, 36, and 37 for the 2:1 sloped areas, as shown on the development plan and tentative map, for the review and approval of the Zoning Administrator. This scenic easement will not allow-development of any kind within the three"greenways"of the subdivision. Grant Deed of Development Rights 9. Prior to the filing of the Final Map the applicant shall delineate the scenic easement area on the Final Map and prepare a deed disclosure for the review and approval of the Zoning Administrator that shall be recorded with the final map that conveys to prospective buyers of lots 11, 12, 30, 31, 36, and 37 that the 2:1 sloped areas, as shown on the development plan and tentative map,a scenic easement has been granted to the County thereby not allowing development within these areas. Sight Obstruction at Intersections 10.— Prior to the filing of the final map the applicant shall provide evidence for the review and approval of the Zoning Administrator that project is in compliance with Chapter 82-18. Transportation Demand Ordinance 11. Prior to filing the final map, the applicant shall contact the local transportation, Contra Costa County Connection to determine services presently provided or planned in the future. The applicant shall provide evidence to the satisfaction of the Zoning Administrator that the Transportation Demand Ordinance has been fulfilled. Notice of Airport in the Vicinity 12.— Prior to filing the final map a deed restriction is required to be recorded and submitted to the Community Development Department with the following language: "Notice of Airport in the Vicinity The property is presently located in the vicinity of an airport, within what is know as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations and state highways (for example: noise, vibration, and odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, ff any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. High Voltage Wires 13. Disclosure of Hig -feet of h Voltage Facilities –Where a lot is located within 300 high voltage electric transmission line,the applicant shall record the following as a deed notification: (I.irIFTY ne subject is located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potential adverse health effects cause by the exposure to magnetic field generated by high voltage lines. Although much more research is needed before the question of whether magnetic fields actually cause adverse health effects can be resolved, the basis for such a hypothesis is established. At his time no risk assessment has bee made. Y) When a Final Subdivision Map Report issued by the California Department of Real Estate is required,the applicant shall also request that the Department of Real Estate insert the above note in the report. Variance 14. Approval is granted to allow a variance that meet the requirements of Section 26- 2.2006 of the County Ordinance Code as follows: • The minimum area for establishment of a residential Planned Unit District (P- 1)is five(5)acres. 4.26 acres granted for establishment of a Planned Unit District Payment of Any Supplemental Application Fees that are Due 15.— This application is subject to an initial application fee of($20,204.00), 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. The applicant may obtain current costs by contacting the project planner. If additional fees are owed,a bill will be sent to the applicant shortly after pen-nit issuance. Police Service District 16. Election for Establishment of a Police Services District to Aument Police Services–The owner of the property shall participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the parcels created by this subdivision approval. The tax shall be the per parcel annual amount (with appropriate future CPI adjustment) then established at the time of voting by the Board of Supervisors. The election to provide for the tax shall be completed prior to filing the Final Map. The property owner shall be responsible for paying the cost of holding the election, payable at the time the election is requested by the owner. Allow a minimum of three to four months for processing. Fire Protection District 17.— Prior to the approval of a final map,the applicant is required to demonstrate that all of the proposed development is located within one and one-half miles of a fire station, or that development within the project that is more than one and one-half miles from a fire station shall be required to provide automatic fire sprinkler systems. IF the project requires fire sprinkler system then a deed disclosure for each new residential lot shall be recorded with the Final Map. This disclosure shall indicate that "The proposed structure has been designed with automatic interior fire- suppression sprinkler system that meets the design standards of the Consolidated Fire Protection District. This provision is required at least in part so as to allow a plan consistency determination associated with the approval of the Pacheco Boulevard Courtyard Homes subdivision." Restrictions on Development of Sales Model Units 18.— Prior to the issuance of building permits for construction of sale model units, the applicant shall provide documentation evidencing compliance with the requirements with the Water Conservation in New Developments Ordinance (Chapter 82-26) and Residential Sprinkler System Option Ordinance (718-6). However, all sales model units shall be require to comply with the improvement standards and reporting requirements of the Water Conservation in New Developments Ordinance. Final Landscape Plan 19.— Prior to the filing the final map or issuance of grading permits, whichever occurs first, a Final Landscape Plan that has been prepared by a licensed landscape architect shall be submitted for the review and approval of the Zoning Administrator and shall be incompliance with the County Water Conservation Landscape Ordinance 82-26 and shall be installed prior to approval of final building permit. The plan shall include landscape/irrigation plans that are fullsized and in color that will include plant colors, locations of signs, and retaining walls. Included with the final landscape plan shall be colors and elevations of any and all signage associated with the project. Aesthetics 20.— Prior to the issuance of a building permit the outdoor lighting associated with the proposed development shall be designed and located to minimize ambient light levels for any given application, consistent with public safety standards. Lighting shall be placed in areas of pedestrian activity and at building entrances,and shall be minimized elsewhere. Ornamental, pedestrian scale lighting fixtures shall be utilized to the degree possible. Lighting fixtures shall be designed to minimize glare and the direct view of light sources. No lighting shall blink, flash or be of unusually high intensity or brightness. (Mitigation Measure–Aesthetics 1) 10 Air Quality 21. Prior to the issuance of a demolition permit the "Basic Measures" and the "Enhanced Measures" listed in Table B, below, shall be incorporated into the construction plans for the proposed project. The "Optional Measures" listed in Table B shall be incorporated if further emission reductions are deemed necessary by the County. The County shall review these construction plans to ensure these measures have been incorporated. (Mitigation Measure—Air Quality 1) Table B: Feasible Control Measures for Construction Emissions of PM10 Basic Control Measures—The following controls should be implemented at all construction sites. • Water all active construction areas at least twice daily. • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. • Pave, apply water three times daily, or apply(non-toxic) soil stabilizers on all unpaved access • roads,parking areas and staging areas at construction sites. - Sweep daily(preferably with water sweepers)all paved access roads,parking areas and staging areas at construction sites. • Sweep streets daily(preferably with water sweepers)if visible soil material is carried onto ad'acent ublic streets. Enhanced Control Measures—The following measures should be implemented at construction sites greater than four acres in area. • All "Basic"control measures listed above. • Hydroseed or apply(non-toxic) soil stabilizers to inactive construction areas. • Enclose, cover,water twice daily or apply(non-toxic) soil binders to exposed stockpiles(dirt, sand, etc.). • Limit traffic speeds on unpaved roads to 15 mph. • Install sandbags or other erosion control measures to prevent silt runoff to public roadways. • Replant vegetation in disturbed areas as quickly as ossible. Optional Control Measures—The following control measures are strongly encouraged at construction sites that are large in area,located near sensitive receptors or which for any other reason ma warrant additional emissions reductions. 0 Install wheel washers for all exiting trucks,or wash off all trucks and equipment leaving the site. & Install wind breaks, or plant trees/vegetative wind breaks at windward side(s)of construction areas. 0 Suspend excavation and grading activity when winds exceed 25 mph. * Limit the area subject to excavation, ading and other construction activity at an one time. 11 Biology 22.— Between spring (April) through late summer early fall (September) and prior to issuance of demolition permits the project sponsor/qualified botanist shall provide evidence of the following: A. Appropriately-timed surveys to determine presence/absence of these special- status plant species shall be conducted by a qualified botanist. These surveys should be conducted during the species-specific peak blooming periods, generally between spring (April) through late summer-early fall (September). If such plants are found, they shall be avoided to the extent feasible. Areas supporting special-status species and a a*mftnum 25-foot wide buffer zone shall be flagged and/or fenced for avoidance during construction. Subsequently, protective fencing shall be permanently installed and maintained to prevent foot traffic and other disturbances to the vegetation and soil surface following completion of the project. (Mitigation Measure – Biological 1a) B. If avoidance 'of special-status plants is not feasible, on-or off-site Mitigation areas will be designated at a minimum ratio of 2:1 (mitigation:impacted). If off-site mitigation is a viable option, areas presently supporting the applicable species shall be acquired. A mitigation and monitoring plan will be developed to provide for the long-term protection of the species. The details of the mitigation plan, developed in consultation with and subject to the approval of California Department of Fish and Game (CDFG) and United States Fish and Wildlife Service (USFWS). The plan shall include procedures for salvage or seed collection, transplanting and/or relocation, 5-year minimum monitoring, achieving success criteria, and long-term funding for maintenance and protection. (Mitigation Measure–Biological 1b) 23.— Mid winter/ and prior to issuance of demolition permits the project sponsor/qualified biologist shall determine if construction and land-clearing activities are scheduled during the breeding season (February – August 15), a preconstruction survey for nesting raptors and loggerhead shrikes will be conducted no more than 30 days prior to the initiation of activity. The survey area will include the project site itself as well as all trees and shrubs within 250 feet of the limits of work. If any active nests are found, a clearly-delineated, avoidance buffer (n*mnnum 250-feet radius as measured from the dripline of the tree or shrub) will be established around each active nest. No removal of the nest tree/shrub during the nesting season will occur. All project-related activity will occur outside of the exclusion area. Protective measures will remain in effect until a qualified biologist verifies that the nesting cycle has been successfully completed or that nest is no longer active. (Mitigation Measure–Biological 2) 24. Prior to issuance of demolition permits the project sponsor/qualified biologist shall provide within 30 days of the start of construction, a qualified biologist shall conduct swallow nest surveys to determine which, if any, buildings are being utilized. If active swallow nests are identified, disturbance of the nests during the nesting season shall be avoided. Removal or demolition of associated buildings should take place between mid-October and late-February when the birds are not nesting. If demolition or other disturbance must occur during the nesting season, 12 the applicant shall apply for a federal depredation permit for swallows from the USFWS,with notification to the CDFG. (Mitigation Measure–Biological 3) 25.— Prior to the issuance of demolition permits the project sponsor/qualified biologist shall conduct an appropriately-timed, focused survey for Bridge's Coast Range shoulderband snail on the project site, using the Survey Protocol for Terrestrial Mollusk Species (Furnish et al. 1997). Surveys shall be conducted using point searches of all suitable habitat features. If individuals are found and positively identified, avoidance areas will be established and resource agency personnel and/or other knowledgeable malacologists shall be consulted regarding appropriate mitigation measures. A project-specific, agency-approved mitigation plan shall be developed that at a minimum includes procedures to salvage and relocate individuals if possible. (Mitigation Measure–Biological 4) 26. Prior to demolition of buildings at the site, a qualified biologist will conduct a pre- construction roost surveys using emergence counts to determine the status of bat species on the project site. If evidence of bats is found, steps to avoid or minimize impacts will be implemented as much as feasible. Such measures may include avoidance and protection of the roost site and its immediate surroundings, or relocation/exclusion of roosting bats. Partial dismantling of structures, such as removing sections of the walls and roofs, can be used to discourage bats from continuing to roost in the buildings. Relocation of bats should be implemented in consultation with CDFG and/or USFWS. If a maternity colony of a special-status species of bats is found on-site,the building and the bats will not be disturbed until a qualified biologist has determined that the young have dispersed and appropriate agency-approved mitigation measures have been developed. (Mitigation Measure Biological 5) 27.— Prior to the issuance of demolition or grading permits the project sponsor/qualified biologist will provide for: A. The existing willow and cottonwood trees will not be removed unless absolutely necessary. To accommodate construction equipment, pruning of branches will occur instead of tree removal to the maximum extent feasible. Any removal of trees will be offset by planting of trees of the same species at an appropriate ratio, determined in consultation with the regulating agencies. (Mitigation Measure–Biological 6a) B. Grading within the creeping ryegrass grassland will be avoided to the maximum extent feasible. To facilitate equipment access over the grassland, trench plates will be installed on the ground to avoid turning over the soil and destroying plant rhizomes. For unavoidable temporary impacts, rhizome cuttings will be collected from undisturbed areas and re-planted in the disturbance area. For unavoidable permanent impacts, rhizome cuttings will be collected from the site and planted in cleared,prepared ground in a suitable on- site location. On-site grassland habitat will be created at a 2:1 replacement ratio (square feet created: square feet destroyed). (Mitigation Measure -- Biological 6b) 28. — Prior to issuance of grading permit the project sponsor/qualified biologist shall do the following: 13 A. All jurisdictional areas located outside of the immediate grading footprint will be avoided during construction and no fill will be allowed within these areas. Exclusion fencing will be erected at the boundary of the wetlands and the active project area to delimit the boundary of construction and heavy equipment activity. A biological monitor will oversee the installation of the exclusion fence and will monitor the construction site on a weekly basis to document avoidance of wetland areas. (Mitigation Measure—Biological 7a) B. A total of 400 square feet of potentially jurisdictional wetland may be permanently affected by the project. To compensate for the unavoidable, permanent loss of jurisdictional wetlands, a new wetland shall be created on site, along the southwest edge of the existing wetland area, at a 2:1 replacement ratio, pending approval by the Corps and RWQCB. A wetland mitigation and monitoring plan shall be developed detailing the mitigation design, wetland planting design, maintenance and monitoring requirements, reporting requirements, and success criteria for the created wetland. The Corps and RWQCB will approve this plan prior to implementation. (Mitigation Measure—Biological 7b) Geology 29. Prior to approval of final project plans all grading and drainage plans are subject to review of the County Geologist and the review and approval of the Zoning Administrator. The plans shall be prepared by appropriately licensed professionals. (Mitigation Measure—Geology 1) 30. Prior to the issuance of grading permits; ongoing through the completion of grading the project sponsor/geotechnical engineer shall: Unstable soils and landslides shall be removed within graded areas. Buttressing, keying and installation of debris benches shall be provided in the transition areas between open space areas and development as recommended in the final reports of the project geotechnical engineer("approved geotechnical reports"). Prior to issuance of the grading permit,provide a grading remediation plan and report for the approval of the Building Inspection Department("BID"). The report shall evaluate all major graded slopes and open space hillsides whose performance could affect planned improvements. The slope stability analysis shall be performed for both static and dynamic conditions using an appropriate pseudo-static horizontal ground acceleration coefficient for earthquakes on the Concord and Hayward faults in accordance with standard practice as outlined in DMG Special Pub. 117, 1997. During grading,the geotechnical engineer shall observe and approve all keyway excavations,removal of fill and landslide materials down to stable bedrock or in- place material, and installation of all subdrains including their connections. All fill slope construction shall be observed and tested by the project geotechnical engineer, and the density test results and reports submitted to the County to be kept 14 on file. Cut slopes and keyways shall be periodically observed and mapped by the project geotechnical and civil engineers who will provide any required slope modification recommendations based on the actual geologic conditions encountered during grading. Written approval from the Contra Costa County BID shall be obtained prior to any modification. Regular progress reports and a grading completion report shall be submitted to BID by the project geotechnical engineers. These reports shall include the results and locations of all compaction tests, as-built plans of all landslide repairs and fill removal including geologic mapping of the exposed geology of all excavations showing cut cross-sections and sub-drain depths and locations. The lists of excavations approved by the engineering geologist shall also be submitted. Building.permits shall not be issued without documentation that the grading and other pertinent work has been performed in accordance with the geotechnical report criteria and applicable Grading Ordinance provisions. (Mitigation Measure – Geology 2) 31.— During grading of the project,unstable colluvial soils and landslide deposits within developed portions of the properties shall be re-graded to effectively remove the potential for seismically induced landslides in these materials, as recommended in the approved geotechnical reports. (Mitigation Measure–Geology 3) 32. During grading of the project, the recommendations for site grading contained in the approved geotechnical reports shall be followed during grading unless modifications are specifically approved in writing by the Building Inspection Department. (Mitigation Measure–Geology 4) 33.— During grading; final design; and on-going monitoring the engineered fills shall be constructed to comply with the standards and criteria presented in the approved geotechnical report. Deep fills shall be constructed at a moisture content and appropriate percentage over optimum(generally 3 to 5 percent). The differential thickness of the fill under individual buildings shall be ten feet or less, or as otherwise recommended in the geotechnical report. These measures shall be verified by construction observation and testing by the project geotechnical engineer as outlined in the approved geotechnical reports. Additional analysis of the predicted total and differential settlements of the major fills at each site shall be performed by the project geotechnical engineer during the final design stage.Possible measures such as surcharging, delaying construction for a period of time before constructing on deep fills, or allowing for the predicted settlement in the design of the project components may be required based on the settlement data. The geotechnical engineer shall provide a plan for monitoring settlement, for review and approval of the Zoning Administrator. (Mitigation Measure -- Geology 5) 34. Prior to approval of grading plan or prior to approval of final project plans grading, improvement erosion control and building plans shall employ as appropriate the following surface drainage measures in construction: asphalt or concrete-lined 15 swales to carry runoff; fill slopes in excess of 8 feet high shall be graded to 2.5:1 (horizontal to vertical) or flatter; positive grading of building pads for removal of surface water from foundation areas; individual pad drainage; collection of downspout water from roof gutters; avoidance of planted areas adjacent to structures; avoidance of sprinkler systems (as opposed to drip irrigation systems)in the vicinity of foundations; grading of slopes to eliminate over-the-bank runoff; and re-vegetation of permanent slopes. Interim protective measures for runoff shall be followed during the construction phases when slopes are most susceptible to erosion. The final design shall incorporate subsurface drainage measures,including the installation of subsurface drains within maj or new fills and landslide repair areas. (Mitigation Measure—Geology 6) 35. Prior to issuance of grading permits the project sponsor/geotechnical engineer shall provide all measures identified in the approved geotechnical reports to provide for slope stability shall be incorporated into the final grading plans.Prior to issuance of the grading permit,the County Geologist shall review the plans to verify that these measures are incorporated and that there is no unacceptable hazard from unstable slopes or post-development grading. (Mitigation Measure—Geology 7) 36. Prior to issuance of grading permits the project sponsor/geotechnical engineer shall provide that the grading plan shall be adjusted to avoid graded slopes or retaining walls at the southwest property boundary. (Mitigation Measure—Geology 8) 37. Prior to issuance of grading permits the project sponsor/geotechnical engineer shall provide a debris wall/bench and surface drainage facilities at the southwest boundary of the property. (Mitigation Measure—Geology 9) 38. Concurrently with recordation of the Final Map, record a statement to run with deeds to the property acknowledging the Geotechnical Study by title, author(firm), and date, calling attention to conclusions, including the long-term maintenance requirements, and noting that the report is available to prospective buyers from seller of the parcel. (Mitigation Measure—Geology 10) 39. Prior to issuance of building permits the project sponsor/geotechnical engineer shall provide that on parcels of this subdivision, submit an as-graded report of the engineering geologist and the geotechnical engineer with a map prepared by a civil engineer showing engineering geology/lithology details, final plans and grades for any buttress fill with its keyway, subsurface drainage, subdrain cleanouts, disposal and pickup points, and any other soil improvements installed during grading, as surveyed by the project survey or civil engineer, and in accordance with requirements of the geotechnical engineer. (Mitigation Measure—Geology 11) 40. Prior to issuance of building permits the project sponsor/geotechnical engineer shall provide a report that is consistent with the final geotechnical report, the following measures shall be implemented during design and construction where appropriate to minimize expansive soil effects on structures. Potential foundation systems include pier and grade beam; use of structural concrete mats and post- tensioned slabs; pad overcutting to provide uniform swell potential; and soil subgrade moisture treatment. (Mitigation Measure—Geology 12) 16 41. Prior to issuance of building permits chemical testing of representative building pad soils shall be submitted to determine the level of corrosion protection required for steel and concrete materials used for construction. The following measures shall be implemented where appropriate to protect against corrosion: use of sulfate- resistant concrete and use of protective linings to encase steel piping buried in native soils. (Mitigation Measure—Geology 13) Hazardous Materials 42. Prior to issuance of demolition permits the initial two-feet of stained soil located on the south side of the large barn shall be excavated and hauled away from the sub j ect site to a Class II landfill site. This remediation shall be performed in accordance with requirements of the Contra Costa County Health Services Department for petroleum hydrocarbons impacted soils, which requires collection and analysis of confirmed soil samples for TEPH from beneath the excavated soil. (Mitigation Measure—Hazardous Materials 1) 43. Prior to demolition of buildings known or suspected of construction prior to 1980, the project developer shall have a lead-based paint and asbestos-containing materials survey conducted by a certified professional. Identified loose and peeling lead-based paint and asbestos-containing materials should be abated in accordance with applicable regulations. Federal and state construction worker safety regulations should be followed during demolition activities where lead and/or asbestos are known or suspected to be present. (Mitigation Measure— Hazardous Materials 2) Hydrology 44. Prior to issuance of grading permits the applicant shall construct Line B improvements for Drainage Area 57 as required to handle additional project runoff in accordance with CCCF&WCD requirements. Costs associated with these improvements shall be eligible for Drainage Area Fee credits and reimbursement per CCCF&WCD policy, if fee credits do not cover the total cost. The CCCF&WCD shall acquire right-of-way, if necessary, at the applicant's request. If procurement of right-of-way or construction timing delays these improvements, the CCCF&WCD shall work with the applicant to develop interim solutions. (Mitigation Measure—Hydrology 1) Noise 45. Prior to issuance of building permits window and doors in the 70 to 74 DNL noise zone with a direct line of sight to Pacheco Boulevard(residences 1, 2, 3, 39,40, 41) shall have sound-insulating performance of at least STC 31. Windows in the 65 to 69 DNL noise zone (residences 4, 5, 6, 36, 37, 38) and all other residences may be fitted with standard insulated residential windows (usually about SCT 28). The recommendedminimum sound ratings are based on a window surface not exceeding 40 percent of the overall wall area and on an average room size basis. Specifications for window frames, doors, and sliding doors should indicate that both the frame and glass together in a complete assembly(with operable sash)meet the STC 31 requirements,not just the glass alone. (Mitigation Measure—Noise 1) 17 46. Prior to issuance of building permits all residences with windows with direct exposure to Pacheco Boulevard in the 70 to 74 DNL noise zone (residences 1,2, 3, 395 405 41) and in the 65 to 69 DNL noise zone(residences 4, 5, 6, 36, 37, 38) shall include separate ventilation systems so that the window/wall construction is able to meet the 45 dB NDL interior noise level standard with the windows closed. (Mitigation Measure—Noise 2) 47. Prior to issuance of building permits units 1, 25 35 39, 40 and 41 shall be fitted with architectural screens at the outdoor living areas to block the direct line of sight (noise impact corridor) between the outdoor living space and Pacheco Boulevard. The screen shall be of solid material having a minimum density of 4 four pounds per square foot. (Mitigation Measure—Noise 3) Utilities 48. Prior to issuance of grading permits implementation of Mitigation Measures Biological la, lb, 2, 3, 6a, 6b, 7a, and 7b would reduce potential impacts to the special-status plants, special-status animals, riparian habitat and creeping ryegrass grassland and jurisdictional wetlands in DA57 to less than significant levels. (Mitigation Measure—Utilities 1) Child Care 49. Prior to issuance of building permits, the developer shall pay a fee of$400.00 per lot/unit toward childcare facility needs in the area as established by the Board of Supervisors. Park Dedication 50. Prior to issuance of building permits, the developer shall pay a park dedication fee in the amount of$2,000 per residential unit. Archaeology 51. Should archaeological materials be uncovered during grading, trenching or other on-site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. 52. In the event of discovery or recognition of any human remains on the site, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of Contra Costa County has been contacted, per Section 7050.5 of the California Health and Safety Code. 1 18 ' Construction 53. Construction Period Development Activity Restrictions — Contractor and/or developer shall comply with the following construction noise, dust, litter, and traffic control requirements: A. All construction activities shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and shall be prohibited on state and federal holidays. B. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers that are in good condition and shall locate stationary noise-generation equipment such as air compressors and concrete pumpers as far away from existing residences as possible. C. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. D. Transporting of heavy equipment and trucks shall be limited to the hours of 9:00 A.M. and 4:00 P.M., Monday through Friday, and is prohibited on state and federal holidays. E. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. F. At least one week prior to commencement of grading, the applicant shall post at 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 also 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 and the 24-hour emergency number shall be expressly identified on the notice. 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. G. Prior to approval of the final map or issuance of a grading permit, the applicant shall provide a letter to the Community Development Department indicating that he has fully disclosed these requirements to all contractors and subcontractors within this project. 19 PUBLIC WORKS ADMINISTERED CONDITIONS OF APPROVAL FOR SUBDIVISION 8818 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 tentative map dated September 14,2004. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO RECORDATION OF THE FINAL MAP. General Requirements: 54. Applicant shall submit improvement plans prepared by a registered civil engineer to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this subdivision. These pians shall include any necessary traffic signage and striping plans for review by the Transportation Engineering Division. Road Dedications: 55. The applicant shall convey to the County, by Offer of Dedication, the right of way necessary for the planned Pacheco Boulevard realignment and public roadway improvements shown on the tentative map. Right of way dedication and improvements shall conform to the Pacheco Boulevard Precise Alignment established in 1968 (Drawing PA 3951-68 on file with the Public Works Department), subject to the review and approval of Public Works. Roadway Improvements (Frontage): 56. The applicant shall construct curb, six-foot six-inch sidewalk, necessary longitudinal and transverse drainage, street lighting, and approximately 20 feet of pavement widening and transitions along the frontage of Pacheco Boulevard per the Pacheco Boulevard Precise Alignment (drawing PA 3951-68 on file with the Public Works Department), subject to the review and approval of Public Works. Applicant shall construct face of curb 32 feet from the ultimate road centerline per the Pacheco Boulevard Precise Alignment. 57. Install street lights on Pacheco Boulevard. The final number and location of the lights will be determined by Public Works. 58. The applicant shall construct street-type connections with 20-foot radii curb returns in lieu of standard driveway depressions at the intersection of Della Rosa Lane and Pacheco Boulevard. 59. The applicant shall construct a standard driveway connection at the intersection of the existing 25-foot access easement and Pacheco Boulevard. 60. The applicant shall install safety related improvements on all streets (including traffic signs and striping) as approved by Public Works. The applicant shall install striping to provide delineation between interim and ultimate frontage improvements. The striping shall be installed in conformance with the existing Pacheco Boulevard alignment. 20 Private Roadway Improvements (On-Site): 61. Applicant shall construct an on-site roadway system that meets current County private road standards as shown on the approved tentative map. 62 Applicant shall construct a paved turnaround in accordance with County private road standards at the end of Della Rosa Lane, subject to the review and approval of the Fire District. 63. Property owner shall record a Statement of Obligation in the form of a deed notification, to inform all future property owners of their legal obligation to maintain the private roadway. 64. Applicant shall provide adequate truck turning radius (both directions) at both ends of the 28/36- foot wide access road for emergency vehicles. 65. The applicant shall install removable bollards at the south end of the emergency vehicle access to prohibit vehicles from entering and parking. The bollards shall not encroach into the designated turnaround area. 66. Bollards at the intersection of Della Rosa Lane and the emergency vehicle access road shall be removable, reviewed and approved by the Fire District. Access to Adjoining Property: Proof of Access 67. Applicant shall furnish proof to Public Works of the acquisition of all necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements. Proof shall be provided for the use of the 25- foot access easement to the south for emergency vehicle access. 68. Abutter's rights of access to Pacheco Boulevard shall be relinquished, with the exception of the private road intersection and existing 25-foot access easement to the south. Encroachment Permit 69. Applicant shall obtain an encroachment permit from the Application and Permit Center for construction of driveways or other improvements within the right of way of Pacheco Boulevard. Pedestrian Facilities: 70. Curb ramps shall be designed and constructed in accordance with current County standards. Truncated domes shall be installed on all curb ramps. Appropriate right of way shall be provided at the curb returns to accommodate the returns. 71. The applicant shall design all public and private pedestrian facilities in accordance with Title 24 (Handicap Access) and the Americans with Disabilities Act. This shall include all sidewalks, paths, driveway depressions, and handicap ramps. Parking: 72. Parking shall be prohibited on one side of the private road where the curb-to-curb width is less than 36 feet (along the project rear). Parking shall be prohibited along the horizontal curve to 22 Drainage Improvements: Collect and Convey 82. The applicant shall collect and convey all stormwater 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. 83. All off-site storm drain improvements shall be constructed in conformance with the adopted Drainage Area 57 plan. This includes, but is not limited to, storm drains, rights of way, and access. 84. Applicant shall obtain permanent drainage easements and temporary construction easements for the construction of Line B facilities as described above. 85. Applicant shall obtain access easements from Pacheco Boulevard to the upstream end of the railroad culvert as described above. The drainage easements for Line B can also serve as access easements provided that the width of the drainage easements is at least 16 feet. Miscellaneous Drainage Requirements: 86. Any new drainage facilities shall be designed and constructed in accordance with specifications outlined in Division 914 and in compliance with design standards of the Public Works Department. 87. Applicant shall prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner. 88. Applicant shall dedicate a public drainage easement over the drainage system that conveys storm water run-off from public streets. The applicant shall obtain off-site offers of dedication to the County for any conduits, outfall structures and appurtenant access to said facilities that convey public road drainage beyond the subdivision boundary. 89. Any surface or subsurface storm drain facility conveying run-off from more than one parcel shall be installed within a minimum 10-foot wide private storm drain easement. 90. The applicant shall submit a CLOMR application to FEMA requesting revision of the Flood Insurance Rate Map to eliminate the proposed residences from the Special Flood Hazard designation prior to issuance of the grading permit. Concurrence and issuance of the CLOMR must be complete prior to issuance of building permits. 91. After completion of site grading and installation of storm drain improvements,the applicant shall submit a LOMR application with FEMA to finalize the FERM revision. The application must be submitted prior to occupancy of the residential units. Drainage Area Reimbursements: 92. Certain improvements required by the Conditions of Approval for this development or the County Subdivision Ordinance Code may be eligible for credit or reimbursement against the drainage 23 area fee. The developer should contact the Flood Control District to personally determine the extent of any credit or reimbursement for which he might be eligible. Any credit or reimbursements shall be determined prior to filing the final map, as approved by the Flood Control District. National Pollutant Discharge Elimination System (NPDES): 93. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination Systems (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay — Region II or Central Valley—Region V). Compliance will include developing long-term best management practices (BMP's) for the reduction or elimination of storm water pollutants. The project design shall incorporate some or all of the following long term BMP's in accordance with the Contra Costa County Clean Water Program for the site's storm water drainage. - Provide options for grass pavers or other semi-pervious paving systems for walks, drives, and patios. - Minimize the amount of directly connected impervious surface area. - Stencil advisory warnings on all catch basins. - Prohibit or discourage direct connection of roof and area drains to storm drain systems or through-curb drains. - Distribute public information items regarding the Clean Water Program to buyers. - Slope pavements to sheet flow onto planted surfaces. - Other alternatives as approved by the Public Works Department. 24 ADVISORY NOTES T FOLLOWING INFORMATION DOES NOT CONSTITUTE CONDITIONS OF APPROVAL. IT IS PROVIDED TO ALERT THE APPLICANT TO LEGAL REQUIREMENTS OF THE COUNTY AND OTHER PUBLIC AGENCIES TO WHICH THIS PROJECT MAY BE SUBJECT. A. 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 90- day period after the project is approved. The ninety (90) day period in which you may protest the amount of any fee or the 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. B. The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination Systems (NPDES) for municipal construction and industrial activities as promulgated by the California State Water Resources Control Board or any of its Regional Water Quality Control Boards(San Francisco Bay—Region 11). C. This project may be subject to the requirements of the Department of Fish and Garne. 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. D. 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. E. Comply with the Bridge/Thoroughfare Fee Ordinance requirements for the Pacheco Area of Benefit as adopted by the Board of Supervisors. These fees must be paid prior to issuance of building permits. F. Applicant shall comply with the drainage fee requirements for Drainage Area 57 as adopted by the Board of Supervisors. These fees must be paid prior to filing a Final Map. G. Portions of this project are located in a Special Flood Hazard Area as designated on the Federal Emergency 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.2000-33) as they pertain to future construction of any structures on this property. H. Comply with the requirements of the Mt. View Sanitary District. I. Comply with the requirements of the Contra Costa Water District. 25 J. Comply with the requirements of the Contra Costa Consolidated Fire Protection District. K. Comply with the requirements of the County Office of the Sheriff. L. Comply with the requirements of the Building Inspection Department. Permits are required prior to grading and construction. The fees include but are not limited to the following: Park Dedication $2,000 per residence. Child Care $400 per residence. An estimate of the fee charges for each approved lot may be obtained by contacting the Building Inspection Department. M. Police Service District Costs and Necessary Processing Time The applicant is advised that the tax for the police services-district is currently set by the Board of Supervisors at $200 per parcel annually (with appropriate future Consumer Price Index (CPI) adjustments). The annual fee is subject to modification by the Board Of Supervisors in the future. The current fee for holding the election is $800 and is also subject to modification in the future. The applicable tax and fee The amounts will be those established by the Board at the time of voting. I he applicant is advised that the election process takes from 3 to 4 months and must be completed prior to recording the Final Map. N. Vesting Tentative Map Rights The approval of this vesting tentative map confers a vested right to proceed with development in substantial compliance with ordinances,policies,and standards in effect as of November 9, 2004, the date the vesting tentative map application was accepted as complete by the Community Development Department. The vested rights also apply to development fees, which the County has adopted by ordinance. These fees are in addition to any other development fees, which may be specified in the conditions of approval. SD048818-- 10/22/04 rah MITIGATED NEGATIVE DECLARATION community Contra tennis M.Barry,AICP Community Development Director Development Costa Department County County Administration Building 651 Pine Street 4th Floor,North Wing � � 2004 Martinez,California 94553-0095 01. U N Y' W-1,94 0 C'LERK Phone: .° "dNTR� 00STAv COUNTY sT'4 CUUN'�', (925) 335-1210 g , T Septembe�E$ff�4 NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A PROPOSED MITIGATED NEGATIVE DECLARATION County File #RZ043140 County File # SD048818 County File # DP043004 Pursuant to the State of California Public Resources Code and the "Guidelines for Implementation of the California Environmental Quality Act of 1970" as amended to date, this is to advise you that the Community Development Department of Contra Costa County has prepared an initial study on the following project: Loving; 8c Campos Architects Inc. (Applicant), Paul Della Rosa (Owner), This project consists of three applications: A. County File #RZ043140—A request for approval to rezone 4.26 acres from Multiple-Family Residential, M-12, to Planned Unit Development, P-1. Additionally, a request for approval of a variance to allow 4.26 acres to be rezoned to P-1, (5-acre minimum required) §84- 66.602 (l). B. County File #SD048818 — A request for a vesting tentative map approval to subdivide 4.26 acres into 41 single-family lots. The average lot size is approximately 3800 square feet. C. County File#DP043004—A request for approval of a final development plan to establish 41- single family residences (1600-1800 "square feet in size) on a 4.26 acres of property. Approval to remove all trees (107)on site is also requested. The subject site is located at 4728 Pacheco Boulevard in the Martinez area. (Zoning: Multiple-Family Residential, M-12) (Zoning Atlas: G-13) (Census Tract: 3200.02) (Assessor Parcel Number: 161-262- 022). The initial study for the proposed development identified potentially significant impacts in the following environmental areas: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Hazards &Hazardous Materials, Hydrology/Water Quality,Noise, Utilities/Service Systems, Mandatory Findings of Significance. Environmental analysis determined that measures are available to mitigate potential adverse impacts to insignificant levels. As a result, a Mitigated Negative Declaration(MND)has been prepared pursuant to Public Resources Code Section 21080(c)(2), 21064.5 and Article 6 of the California Environmental Quality Act (CEQA)Guidelines. Office Hours Monday- Friday: 8:00 a.m. -5:00 p.m. Office is closed the 1 St, 3rd S: 5th �ridays of each montr Pursuant to the requirements of CEQA (CEQA Guidelines Section 15071), the MND describes the proposed project; identifies, analyzes and evaluates the potential significant environmental impacts that may result from the proposed project; and identifies measures to mitigate the adverse environmental impacts With the inclusion of the mitigation measures the project will not have a significant adverse effect on the environment. The applicant has agreed to all of the required mitigation measures. A copy of the negative declaration and all documents referenced in the negative declaration may be reviewed in the offices of the Community Development Department and Application and Permit Center at the McBrien Administration Building, North Wing, Second Floor, 651 Pine Street, Martinez, during normal business hours. Public Comment Period - The period for accepting comments on the adequacy of the environmental documents extends to 5:00 P.M., Monday, October 11, 2004. Any comments should be in writing and submitted to the following address: Community Development Department Contra Costa County 651 Pine Street,North Wing, 2nd Floor Martinez,CA 94553 Attn: Ryan Hernandez It is anticipated that the proposed Mitigated Negative Declaration will be considered for adoption at a meeting of the County Planning Commission on October 12, 2004. It is anticipated that the hearing will be held at the McBrien Administration Building,Room 107,Pine and Escobar Streets,Martinez. Sincerely, Ryan Hernandez Project Planner 2 f ENVIRONMENTAL CHECKLIST A. SUMMARY INFORMATION 1. Project Title: Pacheco Boulevard Courtyard Homes Project 2. Lead Agency Name and Address: Contra Costa County, Community Development Department Administrative Building 651 Pine Street 2nd Floor—North Wing Martinez, CA 94553-1295 3. Contact Person and Phone Number: Ryan Hernandez,Planner Community Development Department Administrative Building 651 Pine Street 2nd Floor—North Wing Martinez, CA 94553-1295 Phone (925) 335-1206 4. Project Location: The project site is located within the unincorporated area of Contra Costa County, north of the City of Martinez. The street address is 4728 Pacheco Boulevard, north of Heron Lane, located approximately 570 feet west of Interstate 680 (I-680) and one mile north of State Highway 4 (Hwy 4). APN: 161-262-022 5. Project Sponsor's Name and Address: Loving&Campos Architects Inc. 245 Ygnacio Valley Road, Suite 200 Walnut Creek, CA 94596-4025 6. General Plan Designation: Multi-Family Low Density (7.3 to 11.9 Units per net acre) 7. Zoning: M-12 (12.0 dwelling units/acre) 7 t 2 8. Description of Project: Existing Conditions and Setting The residential project site is a single 4.26-acre, developed parcel with one owner. It slopes up approximately 10 percent from Pacheco Boulevard. Existing uses on the site include three residences, a barn and miscellaneous accessory structures. All of the structures are centrally located on the site. Around the homes are several eucalyptus, redwood, and other trees ranging in size from 2 inches to 60-inches trunk diameter. There are the remnants of an orchard on the eastern side of the site. The western side of the site is undeveloped. Access to the site is provided from Pacheco Boulevard. There are driveways along both the north and south property lines, within the project site. The driveway along the south property line provides access to one of the residences on the project site as well as to the residences adjacent to the project site. The General Plan designation for the site is Multi-Family Low Density, and the site is currently zoned M-12 (12.0 dwelling units/acre). Drainage Area 57 (DA57) is a County formed drainage area that encompasses areas of Martinez and extends east the project site and extends east of 1-680 in the vicinity of Pacheco Creek. In the vicinity of the proposed project, DA57 consists of an artificially-created storm water conveyance system between Pacheco Boulevard and an outfall on the north side of the railroad right-of-way. The site has been heavily modified by recent and historical grading and filling, although wetland vegetation has become established where surface flows back up behind the railroad embankment. Proposed Project The proposed project is a residential development that consists of 41 homes and associated landscaping, roadways and parking areas. Improvements to DA57 are as also part of the proposed project. a. Residential Development. The proposed project consists of 41 courtyard homes on individual lots. Gross residential density would be less than 10 units per acre. A Vesting Tentative Subdivision Map is being requested by the applicant. The development would consist of six courtyard clusters, five or six residences clustered around a courtyard, and six homes in a more linear lay out on the west side of the site see. Three different single-family, detached, housing types would be developed, each courtyard would contain a mix of the housing types. The houses would be 1,620 to 1,770 square feet on an average lot size of 3,808 square feet. The houses would be two stories (maximum height of 35 feet), have three bedrooms, and a two car garage. The proposed project would include the creation of a homeowners association. b. Landscaping and Open Space. All existing large individual trees and the remnants of a fruit orchard will be removed. A landscape concept for the residential development is included as Sheet L-1 in the application packet. The courtyards are terraced west across the property. There are 41 to 45 foot landscaped slopes between courtyard clusters. These open space areas would be hydroseeded with grasses and wildflowers, and planted with shade trees. Modular keystone block walls would be constructed fronting Pacheco Boulevard, and planted with flowering shrubs groundcover and accent planting. Similar landscaping would be planted at the entries to each residence, street trees would be planted along Della Rosa Lane, and other groundcovers, accent plants, shade trees, and screening trees 1 3 would be planted on the site. All front yards and slope areas fronting Pacheco Boulevard would be landscaped with initial construction. "Goodneighbor" fences (finished both sides) would be built along lot lines. Retaining walls would be utilized, but would be generally hidden behind and between units. Where visible, retaining walls would be of decorative design. The homeowners association would maintain the landscaped areas. C. Transportation, Circulation and Parking. A private driveway off of Pacheco Boulevard, "Della Rosa Lane" would provide access to the site. An existing easement along the south property line would be retained, and used in conjunction with a new emergency vehicle access lane looping back to Della Rosa Lane, to facilitate fire department access. The easement would also continue to provide access to two residences on the adjoining property located to the south. The project has been designed to accom- modate the realignment of Pacheco Boulevard as planned by County Public Works. Della Rosa Lane would.be 36 feet wide (curb to curb); this would allow parking on both sides of the road. A total of 68 guest parking spaces would be provided in addition to the code requirement of 2 parking spaces per dwelling unit (84 spaces). On street parking on Della Rosa Lane would provide 30 parking space and driveway areas would provide 38 parking spaces. Each residence would include a two-car garage. d. Rezoning and Variance. The General Plan designation for the project site is Multi-Family Low Density which allows between 7.3 and 11.9 multi-family units per acre. The proposed residential use and density (less than 10 units per gross acre) is consistent with the existing General Plan and Zoning limita- tions for the property. However, in order to accommodate lot area and setback requirements for the pro- posed courtyard homes, both a re-zoning to P-1 and a Variance to allow P-1 zoning on a property less than 5 acres in size would be needed. e. Drainage Area 57 Improvements. Drainage from the project site would be captured in DA57, and improvements to accommodate this flow would be made to DA57 as part of the proposed project. Improvements would be made to the existing storm water conveyance system, within an existing County drainage easement,in the area northeast of the residential project site,across Pacheco Boulevard,between the two commercial uses and then under the Burlington Northern and Santa Fe railroad line. The improvements to.DA57 would include the construction of approximately 250 linear-feet of 72-inch concrete pipe, 3 headwalls, one junction box structure and 170 linear-feet of channel grading. A portion of this work would take place within a wetland area. e. Site Preparation. Site preparation would include the demolition of all existing structures and the removal of all trees. The project has been designed to minimize grading qualities and depth by terracing clusters of courtyard homes to accommodate the gentile slope of the property. The project grading would be balanced on site. L Construction and Phasing. Details of the construction and phasing are not known at this time. For purposes of this analysis it is assumed that construction would take 15 to 18 months. or Approvals. County approvals necessary for the proposed project include: • Final Development Plan • Vesting Tentative map, with Tree Permit Removal • Rezoning to P-1,with Lot Size Variance for P-1 4 9. Surrounding Land Uses and Setting: The proposed project is surrounded by suburban portions of the City of Martinez and unincorporated Contra Costa County, and includes the following: • North. The parcel immediately to the north is an abandoned multi-family project that was approved in the 1980s. Some foundations and floor framing remain. Also in the project vicinity to the north is the Burlington Northern and Santa Fe railroad,residential uses and commercial uses. • East. Across Pacheco Boulevard land uses include ranches and suburban residential development. • South. Immediately to the south of the project site are four single-family homes and an approved small lot subdivision on approximately 3 acres. Two of the homes gain access from an existing easement located along the south property line of the project parcel. General land uses south of the project site are residential and undeveloped. • West. The Shannon Hills residential development in the City of Martinez is west of the project site. 10. Other agencies whose approval is required(e.g.,permits,financing approval,or participation agreement): Other agencies whose approval maybe necessary for the proposed project include: • CalTrans • Bay Area Air Quality Management District(BAAQMD) • U.S.Army Corps of Engineers(COE) • Regional Water Quality Control Board(RWQCB) • California Department of Fish and Game(CDFG) • U.S.Fish and Wildlife Service(USFWS) • Contra Costa County Public Works Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. v Aesthetics A Agricultural Resources v Air Quality v Biological Resources v Cultural Resources v Geology/Soils v Hazards&Hazardous Materials v Hydrology/Water Quality A Land Use/Planning 8 Mineral Resources v Noise 8 Population/Housing 8 Public Services B Recreation B Transportation/Traffic v Utilities/Service Systems v Mandatory Findings of Significance S ' Determination. On the basis of this initial evaluation: e I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. V I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be pre- pared. e I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 8 I find that the proposed project MAY have a"potentially significant impact" or"potentially signifi- cant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but.it must analyze only the effects that remain to be addressed. 8 I find that although the proposed project could have a significant effect on the environment,because all potentially significant effects (a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and(b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,nothing further is required. SJan re Date R ernandez,Planner Community Development Department, Contra Costa County r 6 Checklist Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 8 8 e V b) Substantially damage scenic resources, including, but not o 8 8 V limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality o 9 V B of the site and its surroundings? d) Create a new source of substantial light or glare which 8 V e 8 would adversely affect day or nighttime views in the area? a) Have a substantial adverse effect on a scenic vista? The Contra Costa County General Plan identifies scenic resources in the County, including major ridges and waterways. The project area consists of gently rolling hills with a mix of undeveloped parcels and suburban development. The proposed project is a residential development with two story homes and improvements in an existing drainage area. The project site is not in the vicinity of the scenic resources identified in the General Plan; any impacts to scenic vistas would be less than significant. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? The project site does not include any portions of a State scenic highway and is not located in the vicinity of a State scenic highway. ' c) Substantially degrade the existing visual character or quality of the site and its surroundings? The existing visual character of the residential site is represented by several aging residences and a barn as well as several miscellaneous accessory structures in various stages of disrepair. Around the homes are several eucalyptus,redwood, and other trees. There are the remnants of an orchard on the eastern side of the site. The proposed project would redevelop the site with 41 residences and would include the removal off all existing structures and vegetation. The character of the site would change from rural to suburban. This change is consistent with existing General Plan and Zoning designations for the site, and would not be considered to degrading the character of the site. The existing visual character of the surrounding area is suburban; the proposed project would be similar to this character. ' California Department of Transportation,California Scenic Highway Program -- http://www.dot.ca.gov/hq/LandArch/scenic/schwy l.html 1 7 The area of DA57 that is consider.part of the proposed project consists of an artificially-created storm water conveyance system between Pacheco Boulevard and an outfall on the north side of the railroad right-of-way. The site has been heavily modified by recent and historical grading and filling, although wetland vegetation has become established where surface flows back up behind the railroad embankment. Improvements within the DA5 7 would not substantially degrade the existing visual character or quality of the site and its surroundings. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? The proposed project would create a-new source of light and glare in the area. Preliminary Landscape plans for the project site include streetlights and it is assumed that there would be additional lighting associated with the new residences and landscaping. The following mitigation measure would reduce this potential impact to less than significant levels: Mitigation Measure Aethetics-l: Outdoor lighting associated with the proposed development shall be designed and located to minimize ambient light levels for any given application, consis- tent with public safety standards. Lighting shall be placed in areas of pedestrian activity and at building entrances, and shall be minimized elsewhere. Ornamental, pedestrian scale lighting fix- tures shall be utilized to the degree possible. Lighting fixtures shall be designed to minimize glare and the direct view of light sources. No lighting shall blink, flash or be of unusually high intensity or brightness. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact H. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland 8 e 8 V of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non-agricultural use? b) Conflict with existing zoning for agricultural use, or a 8 8 8 V Williamson Act contract? c) Involve other changes in the existing environment which, 8 g e V due to their location or nature, could result in conversion of Farmland to non-agricultural use? r a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non-agricultural use? While the project site may have originally been settled for agricultural use, including grazing and orchards, the site is not currently used for agricultural uses, and based on the condition of the land and barns, it has not been for many years. The project site is classified as "Urban and Built-Up Land" by the State Department of Conservation. Therefore, implementation of the proposed project would not convert agricultural land to non-agricultural uses. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? The project site is not zoned for agricultural uses and is not operated under a Williamson Act contract. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Implementation of the proposed project would not result in the extension of infrastructure into an unde- veloped area, the development of urban uses on a greenfield site, or other physical changes that would result in the conversion of farmland to non-agricultural uses. There are remnants of a former orchard on the property but the trees are not maintained or under agricultural production at the present time. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the fol- lowing determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? 8 V 8 q tY b) Violate any air quality standard or contribute substantially e e v 8to an existingor projected air quality violation. c) Result in a cumulatively considerable net increase of any 8 criteria pollutant for which the project 8 V e p p o� ct region is non- attainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concen- 8 0 trations? V 8 e) Create objectionable odors affecting a substantial number 0 of people? 8 V e p P r 9 a) Conflict with or obstruct implementation of the applicable air quality plan? An air quality plan describes air pollution control strategies to be implemented by a city, county, or region classified as a nonattainment area. The main purpose of an air quality plan is to bring the area into com- pliance with the requirements of federal and State air quality standards. To bring the San Francisco Bay Area region into attainment, the Bay Area Air Quality Management District (BAAQMD) has developed the 2001 Ozone Attainment Plan and the 2000 Clean Air Plan(CAP). The air quality plans use the assumptions and projections of local planning agencies to determine control strategies for regional compliance status. Since the plans are based on local General Plans, projects that are deemed consistent with the applicable General Plan are usually found to be consistent with the air quality pians. Development of the proposed project would not significantly change the overall buildout scenario for Contra Costa County envisioned in the County's General Plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Air pollutant emissions associated with the proposed project would occur over the short term in associa- tion with construction activities such as grading and vehicle/equipment use. Long-term emissions would result from vehicle trips associated with use of the project site. The following discussion describes potential air quality violations that could occur as a result of: construction equipment exhaust emissions; fugitive dust; long-term vehicular emissions; and local carbon monoxide hot spots. Construction Equipment Exhaust Emissions. Construction period emissions would result from implementation of the project. Construction activities are a source of organic gas emissions. Solvents in adhesives, non-waterbase paints, thinners, some insulating materials and caulking materials would evap- orate into the atmosphere and would participate in the photochemical reaction that creates urban ozone. Asphalt used in paving is also a source of organic gases for a short time after its application. During construction various diesel-powered vehicles and equipment would be in use. In 1998 the Cali- fornia Air Resources Board (ARB) identified particulate matter from diesel-fueled engines as a toxic air contaminant(TAC). ARB has completed a risk management process that identified potential cancer risks for a range of activities using diesel-fueled engines.' High volume freeways, stationary diesel engines and facilities attracting heavy and constant diesel vehicle traffic(e.g.,distribution centers and truck stops) were identified as having the highest associated risk. The BAAQMD identified the following types of facilities as sources for high levels of diesel exhaust: X Truck stop X Warehouse/Distribution Center X Large retail or industrial facility X High volume transit center X School with high volume of bus traffic 1 California Air Resources Board,Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles,October 2000. 10 X High volume highway X High volume arterial/roadway with high level of diesel traffic Health risks from toxic air contaminants are a function of both concentration and duration of exposure. Unlike the above types of sources, construction diesel emissions are temporary, affecting an area for a period of days or perhaps-weeks. Additionally, construction-related sources are mobile and transient in nature, and the bulk of the emission occurs within the project site at a substantial distance from nearby receptors. Because of its short duration, health risks from construction emissions of diesel particulate would be a less-than-significant impact. Construction dust would affect local air quality at various times during construction of the proposed pro- ject. The dry, windy climate of the area during the summer months creates a high potential for dust gen- eration when and if underlying soils are exposed. Clearing, grading and earthmoving activities have a high potential to generate dust whenever soil moisture is low and particularly when the wind is blowing. The effects of construction activities would be increased dustfall and locally elevated levels of particu- lates downwind of construction activity. Construction dust has the potential to create a nuisance at nearby properties or at previously completed portions of the proposed project. In addition to nuisance effects, excess dustfall can increase maintenance and cleaning requirements and could adversely affect sensitive electronic devices. Emissions of particulate matter or visible emissions are regulated by the BAAQMD under Regulation 6 "Particulate Matter and Visible Emissions." Specifically, visible particulate emissions are prohibited where the particulates are deposited on real property other.than that of the person responsible for the emissions and cause annoyance. Implementation of the following mitigation measure would reduce fugitive dust-related air quality impacts to a less-than-significant level: Mitigation Measure Air-1: The "Basic Measures" and the "Enhanced Measures" listed in Table I shall be incorporated into the construction plans for the proposed project. The"Optional Measures" listed in Table 1 shall be incorporated if further emission reductions are deemed necessary by the County. The County shall review these construction plans-to ensure these measures have been incorporated. In addition, air-borne asbestos could be released due to demolition of the existing on-site buildings. BAAQMD Regulation 11, Rule 2: Hazardous Materials; Asbestos Demolition, Renovation and Manu- facturing would be adhered to during the construction process, as required by law. This regulation gov- erns the removal and disposal of asbestos and seeks to protect public health during the asbestos remedia- tion period, and would reduce impacts to air quality and human and environmental health to a less-than- significant level. Long-Term Emissions. There are currently 3 single-family homes on the project site; the proposed pro- ject would demolish those homes and construct 41 single-family homes. There would be a net increase of 3 8 homes on the site. The 3 8 single-family homes would add approximately 3 80 daily trips and 3 8 peak 11 Table 1: Feasible Control Measures for Construction Emissions-of PMIo Basic Control Measures—The following controls should be implemented at all construction sites. • Water all active construction areas at least twice daily. • Coverall trucks hauling soil,sand,and other loose materials or require all trucks to maintain at least two feet of free- board. • Pave, apply water three times daily, or apply(non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. • Sweep daily(preferably with water sweepers) all paved access roads,parking areas and staging areas at construction sites. • Sweep streets daily(preferably with water sweepers)if visible soil material is carried onto adjacent public streets. Enhanced Control Measures —The following measures should be implemented at construction sites greater than four acres in area. • All"Basic"control measures listed above. • Hydroseed or apply(non-toxic)soil stabilizers to inactive construction areas. • Enclose,cover,water twice daily or apply(non-toxic)soil binders to exposed stockpiles(dirt,sand,etc.). Lional Limit traffic speeds on unpaved roads to 15 mph. nstall sandbags or other erosion control measures to prevent silt runoff to public roadways. Re lant ve etation in disturbed areas as uickl as ossible. Control Measures —The following control measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emissions reductions. • Install wheel washers for all exiting trucks,or wash off all trucks and equipment leaving the site. • Install wind breaks,or plant trees/vegetative wind breaks at windward side(s)of construction areas. • Suspend excavation and grading activity when winds exceed 25 mph. • Limit the area subject to excavation,gEading and other construction activity at anj one time. Source: BAAQMD CEQA Guidelines, 1999. hour trips to the local roadways. The net increase in long-term vehicular emissions generated by the pro- posed project are not anticipated to exceed the BAAQMD's operations thresholds and would have a less- than-significant impact on local or regional air quality. Local CO Hot Spots. The primary mobile source pollutant of local concern is carbon monoxide (CO), which is a direct function of vehicle idling time caused by traffic flow conditions. CO transport is extremely limited; it disperses rapidly with distance from the source under normal meteorological condi- tions. Under certain extreme meteorological conditions, CO concentrations proximate to a congested roadway or intersection may reach unhealthy levels affecting local sensitive receptors (residents, school children, the elderly, hospital patients, etc.). Typically, high CO concentrations are associated with road- ways or intersections operating at unacceptable levels of service or with extremely high traffic volumes. Intersections in the project area are operating at acceptable levels of service, and the minimal increase in traffic as a result of the proposed project is not expected to change those levels. Potential impacts related to CO emissions are considered less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? ! 12 As described above in Section III.b, the proposed project would result in temporary increases or minimal long-term increases in air pollutants, these increases would not result in a cumulatively considerable net increase of any air pollutants. d) Expose sensitive receptors to substantial pollutant concentrations? Construction of the proposed project may expose surrounding land uses to airborne particulates and fugi- tive dust, as well as a small quantity of pollutants associated with the use of construction equipment(e.g., diesel-fueled vehicles and equipment). Implementation of Mitigation Measure AIR-1, described above, would reduce construction-related emissions to a less-than-significant level. As discussed in Section III.b,the proposed project will not result in any long-term air quality impacts. Therefore,nearby sensitive receptors would not be exposed to substantial pollutant concentrations. e) Create objectionable odors affecting a substantial number of people? Some objectionable odors may be generated from the operation of diesel-powered construction equipment and/or asphalt paving during the project construction period. However, these odors would be short term in nature and would not result in permanent impacts to surrounding land uses, including sensitive recep- tors in the vicinity of the project site: Therefore, no significant impacts related to objectionable odors would result from the proposed project. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through 8 V 8 0 habitat modifications on any species ecies identified as a candi- date, date, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Depart- ment of Fish and Game or U.S.Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or 8 8 other sensitive natural commty identified in local or V regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected 8 8 8 wetlands as defined by Section 404 of the Clean Water Act V (including, but not limited to, marsh, vernal pool, coastal, etc.) Through direct removal, filling, hydrological interrup- tion, or other means? d) Interfere substantially with the movement of any native 8 8 V resident or migratory fish or wildlife speciesecies or with estab- lished e native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? t 13 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Conflict with any local policies or ordinances protecting 0 V e 8 biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat 8 8 V Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or State habitat conserva- tion plan? a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans,policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? A Biological Assessment was completed for both the residential site, 4728 Pacheco Boulevard, and the neighboring Drainage Area 57 Improvements site (DA57) by Wood Biological Consulting and Wildlife . Research Associates in August 2004; these Assessments are available for public review at Contra Costa County. Peer review was conducted by LSA Associates, Inc. and their findings are also available for public review at Contra Costa County. The majority of the residential project site consists of existing residential structures and associated landscaping and supports species that are typically associated with and well-adapted to urban sites. The remaining portions of the site consist of highly-disturbed, non-native grassland and an old orchard, and are unlikely to support special-status plant and animal species. DA57 that is part of the project site consists of approximately 1.5 acres of historically disturbed and altered land on the northeast side of Pacheco Boulevard near 4677 Pacheco Boulevard, as well as a small area north of the BNSF railroad embankment. Specifically, the site consists of an artificially-created storm water conveyance system between Pacheco Boulevard and an outfall on the north side of the railroad right-of-way. The site has been heavily modified by recent and historical grading and filling, although wetland vegetation has become established where surface flows back up behind the railroad embankment. Several habitat types are present, including: non-native grassland/ruderal, seasonal wetland, creeping wildrye grassland, coastal/valley freshwater marsh,willow riparian scrub, and a planted grove of cottonwood(Populus fremontii)trees. Impacts to Special-status Plants. The majority of both the residential and DA57 sites does not provide suitable habitat for special-status plant species due to their highly disturbed condition, but marginal habitat does exist for 10 species. These 10 species are big tarplant, Congdon's tarplant, Santa Cruz tarplant, rayless ragwort, large-flowered fiddleneck, bent-flowered fiddleneck, round-leaved filaree, fragrant fritillary, San Joaquin spearscale, and alkali milk-vetch. Only three of these species,big tarplant, Congdon's tarplant, and Santa Cruz tarplant, have low potential to occur on the DA57 site. Direct disturbance to and/or removal of individuals of these species would be considered a significant project impact. Implementation of the following mitigation measure would reduce the potential for project- related impacts to a level less than significant: r r 14 Mitigation Measure Biological-la: Appropriately-timed surveys to determine presence/absence of these special-status plant species shall be conducted by a qualified botanist. These surveys should be conducted during the species-specific peak blooming periods, generally between spring (April) through late summer-early fall (September). If such plants are found, they shall be avoided to the extent feasible. Areas supporting special-status species and a minimum 25-foot wide buffer zone shall be flagged and/or fenced for avoidance during construction. Subsequently, protective fencing shall be permanently installed and maintained to prevent foot traffic and other disturbances to the vegetation and soil surface following completion of the project. Mitigation Measure Biological-lb: If avoidance of special-status plants is not feasible, on-or off- site mitigation areas will be designated at a minimum ratio of 2:1 (mitigation:impacted). If off- site mitigation is a viable option, areas presently supporting the applicable species shall be acquired. A mitigation and monitoring plan will be developed to provide for the long-term pro- tection of the species. The details of the mitigation plan, developed in consultation with and subject to the approval of CDFG and USFWS. The plan shall include procedures for salvage or seed collection, transplanting and/or relocation, 5-year minimum monitoring, achieving success criteria, and long-term funding for maintenance and protection. Impacts to Special-status Animals. Based on the existing conditions and available habitat,nesting birds, including raptors and loggerhead shrike, may occur on both the residential and DA57 project areas. The existing barn and associated sheds at the residential site could support nesting swallows and roosting bats. The potential occurrence of Bridge's Coast Range shoulderband snail at the residential site has also been noted. NestingRaptors and Loggerhead Shrike Suitable raptor nesting habitat is present on and adjacent to both sites. Raptor species that could nest in the area include red-shouldered hawk, red-tailed hawk, Cooper's hawk,barn owl, great horned owl,American kestrel, and white-tailed kite(a state fully protected species). In addition to nesting raptors, loggerhead shrike (a California species of special concern) also has potential to nest at both sites. Disturbances near active nests, such as construction and ground-disturbing activities, which cause nest abandonment and/or loss of eggs or young, or the removal of trees/shrubs/features containing active nests, are considered violations of state and federal laws. Impacts to nesting raptors and shrikes would be reduced to less than significant by implementing the following mitigation measure: Mitigation Measure Biological-2: If construction and land-clearing activities are scheduled dur- ing the breeding season (February—August 15), a preconstruction survey for nesting raptors and loggerhead shrikes will be conducted no more than 30 days prior to the initiation of activity. The survey area will include the project site itself as well as all trees and shrubs within 250 feet of the limits of work. If any active nests are found, a clearly-delineated avoidance buffer (minimum 250-feet radius as measured from the dripline of the tree or shrub)will be established around each active nest. No removal of the nest tree/shrub during the nesting season will occur. All project- related activity will occur outside of the exclusion area. Protective measures will remain in effect until a qualified biologist verifies that the nesting cycle has been successfully completed or that nest is no longer active. 15 Nesting Swallows. Swallows are protected by the Migratory Bird Treaty Act of 1918 (Act; 16 U.S.C. 703- 712), which makes it illegal to intentionally take, harm, or harass any migratory bird or their eggs. This Act is enforced by USFWS, Division of Law Enforcement. Some swallows build nests on vertical sur- faces protected by an overhang such as the sides-of buildings with extended eaves. Swallows,particularly barn and cliff swallows, may utilize the on-site barn and sheds and would be adversely affected if nests were disturbed or destroyed during the nesting season. Implementation of the following mitigation meas- ure would reduce impacts reduced to less than a significant level: Mitigation Measure Biological-3: Within 30 days of the start of construction,a qualified biologist shall conduct swallow nest surveys to determine which, if any, buildings are being utilized. If active swallow nests are identified, disturbance of the nests during the nesting season shall be avoided. Removal or demolition of associated buildings should take place between mid-October and late-February when the birds are not nesting. If demolition or other disturbance must occur during the nesting season,the applicant shall apply for a federal depredation permit for swallows from the USFWS, with notification to the CDFG. Bridge's Coast Range shoulderband snail. Little is known about this subspecies of terrestrial snail which lacks legal protection under state and federal law. However, it is considered rare under the CNDDB ranking scheme and impacts to it could potentially be considered significant pursuant to CEQA guide- lines. Since suitable habitat (i.e., leaf litter, downed branches and logs, accessible ground burrows, duff, rocks, vegetation thatch,and debris)is present at the site,the following mitigation measure is proposed to avoid or minimize the potential for project impacts, as much as possible: Mitigation Measure Biological-4: A qualified biologist shall conduct an appropriately-timed, focused survey for Bridge's Coast Range shoulderband snail on the project site, using the Survey Protocol for Terrestrial Mollusk Species (Furnish et al. 1997). Surveys shall be conducted using point searches of all suitable habitat features. If individuals are found and positively identified, avoidance areas will be established and resource agency personnel and/or other knowledgeable malacologists shall be consulted regarding appropriate mitigation measures. A project-specific, agency-approved mitigation plan shall be developed that at a minimum includes procedures to salvage and relocate individuals if possible. Roosting Bats. The barn and associated sheds on the residential site could harbor roosting bats, many of which are considered state or federal species of concern. Removal of an occupied structure could result in "take" of individuals of these species. Potential impacts to roosting bats would be reduced to less than significant by implementing the following mitigation measures: Mitigation Measure Biological-5: Prior to demolition of buildings at the site, a qualified biologist will conduct a pre-construction roost surveys using emergence counts to determine the status of bat species on the project site. If evidence of bats is found, steps to avoid or minimize impacts will be implemented as much as feasible. Such measures may include avoidance and protection of the roost site and its immediate surroundings, or relocation/exclusion of roosting bats. Partial dismantling of structures, such as removing sections of the walls and roofs, can be used to dis- courage bats from continuing to roost in the buildings. Relocation of bats should be implemented in consultation with CDFG and/or USFWS. If a maternity colony of a special-status species of bats is found on-site, the building and the bats will not be disturbed until a qualified biologist has r 16 determined that the young have dispersed and appropriate agency-approved mitigation measures have been developed. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? The residential site does not support any wetland, riparian, or other special-status natural plant communities; however, the DA57 site contains-small amounts of riparian habitat (a single willow thicket and a cottonwood grove) and creeping ryegrass grassland (considered a special-status natural plant community by the CDFG). Since the riparian trees onsite are not associated with a natural surface tributary, they would not be regulated by CDFG, according to the California Fish and Game Code (Sections 1600-1607). However,the RWQCB may exert authority over them under the "beneficial uses" clause of the Porter Cologne Act, in which "wildlife habitat" is included as a "beneficial use." In addition, impacts to riparian trees are generally regarded as significant adverse impacts under CEQA guidelines. Impacts to creeping ryegrass grassland do not meet significance criteria under CEQA guidelines, but CDFG recognizes the biological values of this plant community and recommends that impacts be avoided or minimized to the extent feasible. Impacts to sensitive natural communities would be minimized to the maximum extent feasible by implementing the following mitigation measure: Mitigation Measure Biological-6a: Existing willow and cottonwood trees will not be removed unless absolutely necessary. To accommodate construction equipment, pruning of branches will occur instead of tree removal to the maximum extent feasible. Any removal of trees will be offset by planting of trees of the same species at an appropriate ratio, determined in consultation with the regulating agencies. Mitigation Measure Biological-6b: Grading within the creeping ryegrass grassland will be avoided to the maximum extent feasible. To facilitate equipment access over the grassland, trench plates will be installed on the ground to avoid turning over the soil and destroying plant rhizomes. For unavoidable temporary impacts, rhizome cuttings will be collected from undisturbed areas and re-planted in the disturbance area. For unavoidable permanent impacts, rhizome cuttings will be collected from the site and planted in cleared, prepared ground in a suitable on-site location. On-site grassland habitat will be created at a 2:1 replacement ratio (square feet created: square feet destroyed). c) Have a substantial adverse effect on federally-protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) through direct removal,filling, hydrological interruption, or other means? The residential site does not support any wetlands, drainages, or water bodies that would be considered jurisdictional by the U.S. Army Corps of Engineers (Corps). Wood Biological Consulting conducted a wetland delineation of the DA57 site in July 2004 (available for public review at Contra Costa County) and identified 12,084 square feet (0.28 acre) of habitat (freshwater marsh and seasonal wetland) potentially falling under Corps jurisdiction (Note: At the time of this writing, the delineation had not yet been verified by the Corps). Construction at the DA57 site will result in temporary impacts to approximately 1,150 square feet of the delineated wetlands, and permanent impacts to approximately 400 ! t 17 square feet of wetlands. Impacts to jurisdictional wetlands would be reduced to less-than-significant by implementing the following mitigation measures: Mitiiation Measure Biolo ical-7a: All jurisdictional areas located outside of the immediate grading footprint will be avoided during construction and no fill will be allowed within these areas. Exclusion fencing will be erected at the boundary of the wetlands and the active project area to delimit the boundary of construction and heavy equipment activity. A biological monitor will oversee the installation of the exclusion fence and will monitor the construction site on a weekly basis to document avoidance of wetland areas. Mitigation Measure Biological-7b: A total of 400 square feet of potentially jurisdictional wetland may be permanently affected by the project. To compensate for the unavoidable,,.permanent loss of jurisdictional wetlands, a new wetland shall be created on site, along the southwest edge of the existing wetland area, at a 2:1 replacement ratio, pending approval by the Corps and RWQCB. A wetland mitigation and monitoring plan shall be developed detailing the mitigation design, wetland planting design, maintenance and monitoring requirements, reporting requirements, and success criteria for the created wetland. The Corps and RWQCB will approve this plan prior to implementation. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No wildlife corridors would be adversely affected by the proposed project. Most wildlife movement in the area will likely continue within the adjacent oak woodland and along the undeveloped ridgeline to the west of the residential site that will remain as open space after project completion. The DA57 site is isolated from large expanses of native habitat, and does not function as a major wildlife corridor. With implementation of Mitigation Measures Biological-I through Biological-5, the project will not substantially interfere with the movement of wildlife or the function of a nursery site. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? A Tree Inventory/Assessment was completed for this site by Maureen Hamb, WCISA Certified Arborist in December, 2003; this Assessment is available for public review at Contra Costa County. The project site is subject to the County Tree Protection and Preservation Ordinance. The Arborist surveyed 107 trees, of which 94 appear to be on the project site. The trees include on the site are fruit, olive, eucalyptus, redwood, almond, pine, elm, locust, cottonwood, oak, walnut and cypress trees. The proposed project would require the removal of all trees on the site. The applicant has proposed a preliminary landscape plan that provides for trees, shrubs,perennials,groundcover, and vines to installed throughout the project. A condition of the projects approval will consist of requiring an adequate landscape plan to replace the trees that are proposed to be removed. fi Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or State habitat conservation plan? The proposed project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a 0 V 0 historical resource as defined in 1 15064.5? b) Cause a substantial adverse change in the significance of 0 V 0 an archaeological resource pursuant to , 15064.5? c) Directly or indirectly destroy a unique paleontological V 0 resource or site or unique geologic feature? d) Disturb any human remains, including those interred out- V side of formal cemeteries? a) Cause a substantial adverse change in the significance of a historical resource as defined in 115064.5? An Archaeological Assessment was completed for this site by William Self Associates in December 2003; this Assessment is available for public review at Contra Costa County. The discussions summarize the findings of that assessment. There are three houses, one barn and several accessory structures on the project site. The date of con- struction for the oldest of the three residences is unknown; it was estimated by the assessor to have been built ca. 1900. The large barn was also estimated to have been built near the turn-of-the-century. The date of construction of the other two houses on the site were built in 1952, however, they were built in Concord and moved to the site from Concord in 1964. While all of these structures are old, they are not associated with persons or events important in history,they are not the work of a master architect, nor do they exhibit important or unique characteristics, and they would not yield information of importance to local history. Therefore, none of the structures on the site are considered a historic resources under CEQA. Their demolition would not cause a substantial adverse change in the significance of a historical resource as defined in 1 15064.5. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 115064.5? A record search reveled that four archaeological surveys for the project site and one survey adjacent to the project had been previously prepared, all with negative results. Implementation of the proposed project would not cause a substantial adverse change in the significance of an archaeological resource. 19 c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? There are-no known paleontological resources, or unique geologic feature or sites on the project site, or within the immediate vicinity. Should paleontological resources be uncovered during grading or other on-site ekcavation(s), earthwork within (30) yards of these materials shall be stopped until a certified professional archaeologist/paleontologist has had an opportunity to-evaluate the significance of the find and suggest appropriate mitigation(s) if deemed necessary. d) Disturb any human remains, including those interred outside of formal cemeteries? The project is proposed in a location that has already been significantly disturbed due to the installation of the existing structures and agricultural uses. Therefore, the probability of finding additional, unknown 1 cultural resources is minimal. However, it is possible that previously unknown historic or prehistoric resources could be discovered during grading and excavation work associated with the expansion of County Health Services facilities. Therefore, contract specifications will include the following language: "In accordance with CEQA Subsection 15064.5(f), should any previously unknown historic or prehistoric resources, including but not limited to charcoal, obsidian or chert flakes, grinding bowls, shell fragments, bone, pockets of dark, friable soils, glass, metal, ceramics, wood or similar debris, be discovered during grading, trenching or other on-site excavation(s), earthwork within 100 feet of these materials shall be stopped until a professional archaeologist certified by the Registry of Professional Archaeologists (RPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), as determined necessary." Implementation of these best management practices will limit the potential archaeological resource impacts associated with construction to a level of less than significant. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact V1. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects,including the risk of loss,injury,or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Paolo Earthquake Fault Zoning Map 0 V issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? 0 0 V 0 iii)Seismic-related ground failure,including liquefaction? 0 0 V iv)Landslides? V 0 b) Result in substantial soil erosion or the loss of topsoil? V 0 20 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Be located on a geologic unit or soil that is unstable, or that e would become unstable as a result of the project, and poten- tially result in on-or off-site landslide, lateral spreading, sub- sidence,liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of 0 vthe Uniform Building Code (1994), creating substantial nsks B e to life or property? e) Have soils incapable of adequately supporting the use of sep- 8 8 tic tanks or alternative waste water disposal systems osal s ste where V sewers are not available for the disposal of waste water? a) Expose people or structures to potential substantial adverse effects, including- the risk of loss, injury, or death involving: i)Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Pub- lication 42; ii)Strong seismic ground shaking; iii)Seismic-related ground failure, including lique- faction; iv)Landslides? i) Fault Rupture. A Geologic Review was completed for this site by Darwin Myers Associates in August 2004; this Assessment is available for public review at Contra Costa County. The discussions summarize the findings of that assessment. The project site is not within an Alquist-Priolo Special Studies Zone designated by the State. Therefore, implementation of the proposed project would not adversely impact persons or structures due to the rup- ture of a know earthquake fault. fl) Groundshaking. The San Francisco Bay region is a seismically active region that is subject to large earthquakes; there are 30 known faults in the Bay Area that are considered capable of generating earth- quakes. The nearest active fault to the project site it the Concord fault, which passes approximately 1 mile northeast of the project site. Because it affects a much broader area, ground shaking, rather than surface fault rupture, is the cause of most damage during earthquakes. Three major factors affect the severity(intensity) of ground shaking at a site in an earthquake: the size (magnitude) of the earthquake; the distance to the fault that generated the earthquake; and the geologic materials that underlie the site. Thick, loose soils, such as bay mud, tend to amplify and prolong ground shaking. According to the General Plan Safety Element (p. 10-23) the site is in an area rated "lowest damage sus- ceptibility." The risk of structural damage from ground shaking is regulated by the building codes and County Grading Ordinance. The UBC requires use of seismic parameters which allow the structural engineering analysis for buildings to be based on soil profile types (see UBC, 1997, Volume 2, Div. S, page 2-23). Compliance with building and grading regulations can be expected to keep risks within gen- erally accepted limits. r 21 iii) Ground Failure and Liquefaction. Soil liquefaction is a phenomenon primarily associated with saturated soil layers located close to the ground surface. These soils lose strength during ground shaking. Due to the loss of strength,the soil acquires a "mobility" sufficient to permit both horizontal and vertical movements. Soils that are most susceptible to liquefaction are clean, loose, uniformly graded, saturated, fine-grained sands that lie relatively close to the ground surface. However, loose sands that contain a significant amount of fines(silt and clay fraction)may also liquefy. The project site is underlain by the Upper Member of the Meganos Formation (Lower.Eocene), a marine claystone. According to the General Plan Safety Element (p. 10-27), the site is rated "generally low" liquefaction potential. In addition, as discussed above, the proposed project would be constructed in compliance with applicable construction codes and requirements intended to mitigate any adverse impacts resulting from ground failure and liquefaction. Therefore, the proposed project would not result in sig- nificant impacts to human safety associated with ground failure.and liquefaction. iv) Landslides. The residential site is an upland property that is within the outcrop belt of rnudstone and shale formation of Early Tertiary age. The entire property is within a massive landslide area based on reconnaissance level data and the U.S. Geological Survey (USGS). The USGS concludes that the soil mantle and bedrock are expansive and possess adverse engineering characteristics. The mapping of the California Geological Survey(CGS) considers the site to be within a slide area within the outcrop belt of the Meganos Formation. According to the CGS report, slope stability of this unit is judged to be moderate to poor and surficial soil is poor. Slide planes can occur in deeper, less weathered, less fractured rock. The CGS report indicates that the formation occurring on the site is rated highest landslide susceptibility. A limited scope geologic reconnaissance was performed by Terrasearch Inc. This assessment is available for, public review at Contra Costa County. It concludes that the project is feasible, based on limited subsurface data. Figure 5 of the report provides a geologic cross-section with a corrective grading plan. Calculated safety factors suggest that the remediation plan will yield adequate safety factors. Terrasearch considers this to be a preliminary interpretation, requiring further subsurface exploration, laboratory testing and engineering analysis. The purpose of this future study is to refine the interpretation of site conditions and to provide final geotechnical recommendations. Terrasearch recommends that the design- level investigation be made a condition of approval. Terrasearch also recommends that they be provided the opportunity to review plans prior to issuance of construction permits to ensure consistency with the intent of geotechnical recommendations; and that the geotechnical engineer observe grading and perform testing to provide documentation of the as-built condition; and to make supplemental recommendations if exposed conditions require changes to the approved grading plans. The peer review geologist of the County considers the geologic and geotechnical data sufficient to define the landslide and grading impacts and to identify detailed mitigation measures. Implementation of the following mitigation measure would reduce potential landslide impacts to a less-than-significant level: Mitigation Measure Geology-1: All grading and drainage plans are subject to review of the County Geologist and the review and approval of the Zoning Administrator. The plans shall be prepared by appropriately licensed professionals. Mitigation Measure GeologY-2: Unstable soils and landslides shall be removed within graded areas. Buttressing, keying and installation of debris benches shall be provided in the transition 22 areas between open space areas and development as recommended in the final reports of the pro- ject geotechnical engineer("approved geotechnical reports"). Prior to issuance of the grading permit, provide a grading remediation plan and report for the approval of the Building Inspection Department ("BID"). The report shall evaluate all major graded slopes and open space hillsides whose performance could affect planned improvements. The slope stability analysis shall be performed for both static and dynamic conditions using an appropriate pseudo-static horizontal ground acceleration coefficient for earthquakes on the Con- cord and Hayward faults in accordance with standard practice as outlined in DMG Special Pub. 117, 1997. During grading, the geotechnical engineer shall observe and approve all keyway excavations, removal of fill and landslide materials down to stable bedrock or in-place material, and installa- tion of all subdrains including their connections. All fill slope construction shall be observed and tested by the project geotechnical engineer, and the density test results and reports submitted to the County to be kept on file. Cut slopes and keyways shall be periodically observed and mapped by the project geotechnical and civil engineers who will provide any required slope modification recommendations based on the actual geologic conditions encountered during grading. Written approval from the Contra Costa County BID shall be obtained prior to any modification. Regular progress reports and a grading completion report shall be submitted to BID by the project geotechnical engineers. These reports shall include the results and locations of all compaction tests, as-built plans of all landslide repairs and fill removal including geologic mapping of the exposed geology of all excavations showing cut cross-sections and sub-drain depths and loca- tions. The lists of excavations approved by the engineering geologist shall also be submitted. Building permits shall not be issued without documentation that the grading and other pertinent work has been performed in accordance with the geotechnical report criteria and applicable Grading Ordinance provisions. Mitigation Measure Geology-3: During grading, unstable colluvial soils and landslide deposits within developed portions of the properties shall be re-graded to effectively remove the potential for seismically induced landslides in these materials, as recommended in the approved geotechni- cal reports. Mitigation Measure Geology-4: The recommendations for site grading contained in the approved geotechnical reports shall be followed during grading unless modifications are specifically approved in writing by the Building Inspection Department. Mitigation Measure Geology-5: Engineered fills shall be constructed to comply with the stan- dards and criteria presented in the approved geotechnical report.Deep fills shall be constructed at a moisture content and appropriate percentage over optimum(generally 3 to 5 percent). The dif- ferential thickness of the fill under individual buildings shall be ten feet or less, or as otherwise recommended in the geotechnical report. These measures shall be-verified by construction observation and testing by the project geotechnical engineer as outlined in the approved geotech- nical reports. C 23 Additional analysis of the predicted total and differential settlements of the major fills at each site shall be performed by the project geotechnical engineer during the final design stage. Possible measures such as surcharging, delaying construction for-a period of time before constructing on deep fills, or allowing for the predicted settlement in the design of the project components may be required based on the settlement data. The geotechnical engineer shall provide a plan for monitoring settlement, for review and approval of the Zoning Administrator. Miti,action Measure Geology-6: Grading, improvement erosion control and building plans shall employ as appropriate the following surface drainage measures in construction: asphalt or con- crete-lined swales to carry runoff; fill slopes in excess of 8 feet high shall be graded to 2.5:1 (horizontal to vertical) or flatter; positive grading of building pads for removal of surface water from foundation areas; individual pad drainage; collection of downspout water from roof gutters; avoidance of planted areas adjacent to structures; avoidance of sprinkler systems (as opposed to drip irrigation systems) in the vicinity of foundations; grading of slopes to eliminate over-the- bank runoff; and re-vegetation of permanent slopes. Interim protective measures for runoff shall be followed during the construction phases when slopes are most susceptible to erosion. The final design shall incorporate subsurface drainage measures, including the installation of subsurface drains within major new fills and landslide repair areas. Mitigation Measure Geology-7: All measures identified in the approved geotechnical reports to provide for slope stability shall be incorporated into the final grading plans. Prior to issuance of the grading permit, the County Geologist shall review the plans to verify that these measures are incorporated and that there is no unacceptable hazard from unstable slopes or post-development grading. Mitigation Measure Geology-8: The grading plan shall be adjusted to avoid graded slopes or retaining walls at the southwest property boundary. Mitigation Measure Geology-9: Provide a debris wall/bench and surface drainage facilities at the southwest boundary of the property. Mitigation Measure Geology-10: Concurrently with recordation of the Parcel Map, record a statement to run with deeds to the property acknowledging the Geotechnical Study by title, author (firm), and date, calling attention to conclusions, including the long-term maintenance require- ments, and noting that the report is available to prospective buyers from seller of the parcel. Mitigation Measure Geology-11: Prior to issuance of building permits on parcels of this subdivi- sion, submit an as-graded report of the engineering geologist and the geotechnical engineer with a map prepared by a civil engineer showing engineering geology/lithology details, final plans and grades for any buttress fill with its keyway, subsurface drainage, subdrain cleanouts, disposal and pickup points, and any other soil improvements installed during grading, as surveyed by the pro- ject survey or civil engineer, and in accordance with requirements of the geotechnical engineer. b) Result in substantial soil erosion or the loss of topsoil? t 24 The potential for soil erosion and loss of topsoil is greatest during the period of earthwork activities and between the time when earthwork is completed and new vegetation is established, or asphalt is laid. A SWPPP and Erosion Control Plan are a routine requirement of.projects requiring grading permits. The SWPPP identifies the"best management practices"that-are most appropriate for the site,and the"Erosion Control Plan," which is required for the grading permit, provides the details of the erosion control meas- ures to be applied on the site and maintained throughout the winter rainy season. Implementation of a SWPPP and an Erosion Control Plan, submitted by the applicant and reviewed and approved by the County, impacts to soil erosion or the loss of topsoil would be less than significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, lique- faction or collapse? The County Geologist review of the existing geologic data indicates that the project is feasible. If the site is a dormant, deep-seated bedrock landslide that is overlain by two smaller active slides during corrective grading, the deep-seated slide may be very sensitive to grading. The Terrasearch report provides preliminary standards and criteria for site grading, drainage and foundation design. The mitigation meas- ures provided in Section VI.a.iii would be implemented to reduce potential impacts from unstable geo- logic units to less than significant levels d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? The potential building sites and roadways are underlain by highly expansive soils that are subject to soil creep and some soils in the vicinity are corrosive. The Terrasearch report has provided recommendations for foundations, but further evaluation of foundations is warranted to address differential fill thickness, total and differential settlement within building pads, and measures to control moisture around founda- tions. Implementation of the following mitigation measures would reduce potential risks from expansive soils to a less-than-significant level: Mitigation Measure Geology-12: Consistent with the final geotechnical report, the following measures shall be implemented during design and construction where appropriate to minimize expansive soil effects on structures. Potential foundation systems include pier and grade beam; use of structural concrete mats and post-tensioned slabs;pad overcutting to provide uniform swell potential; and soil subgrade moisture treatment. Mitigation Measure Geology413: Prior to issuance of building permits chemical testing of repre- sentative building pad soils shall be submitted to determine the level of corrosion protection required for steel and concrete materials used for construction. The following measures shall be implemented where appropriate to protect against corrosion: use of sulfate-resistant concrete and use of protective linings to encase steel piping buried in native soils. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 25 Septic tanks and alternative wastewater disposal systems would not be installed on the project site. Therefore, implementation of the proposed project would not result in impacts to soils associated with the use of such wastewater treatment systems. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact VII.HAZARDS. Would the project: a) Create a significant hazard to the public or the environ- 0 8 V 8 ment through the routine transport,use, or disposal of haz- ardous materials? b) Create a significant hazard to the public or the environ- 8 V e e ment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely 8 0 V hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazard- 0 e V ous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a signifi- cant hazard to the public or the environment? e) For a project located within an airport land use plan or, 8 e 8 V where such a plan has not been adopted, within two miles of a-public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project located within the vicinity of a private air- 8 8 8 V strip,would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an 9 e 8 V adopted emergency response plan or emergency evacua- tion plan? h) Expose people or structures to a significant risk of loss, 8 8 9 V injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where resi- dences are intermixed with wildlands? a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Implementation of the proposed project would result in the development of new residences and improvements to DA57. Although small quantities of commercially-available hazardous materials could 26 be used within the new residences consistent with residential uses, and potentially for landscape maintenance within the project site, these materials would not be used in sufficient quantities to pose a threat to human or environmental health. While gas and diesel fuel would typically be used by the construction vehicles, Best Management Practices (BMPs) would be utilized to ensure that no construction-related fuel hazards occur. Therefore, implementation of the proposed project would not create a significant hazard to'the public or the environment through the routine transport,use, or disposal of hazardous materials. As part of the building permit process, all plans are reviewed for compliance with applicable Building and Fire Department requirements, pursuant to the Uniform Building and Fire Codes, and all other related City requirements. No additional measures would be required. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? A Phase I Environmental Site Assessment and a Phase II Environmental Site Assessment have been com- pleted for the residential site by Terrasearch, Inc. in October and November 2003, respectively. These Assessments are available for public review at Contra Costa County. The discussions summarize the findings of these assessments. All of the permanent structures at the project site were constructed prior to=the 1980s, and therefore may contain lead-based paint and/or asbestos-containing materials. Demolition of these structures may have the potential to release lead particles and asbestos fibers into the air, where they could potentially pose a health risk to construction workers and the general public. Adherence to applicable laws and regulations would minimize impacts to human health and the environment. Based on the historic agricultural uses on the site, organochlorid pesticides and metals may have been applied to the surfacial soils of the project site. Four composite surficial soil samples were collected from locations across the project site and one composite surficial soil sample was collected in an area of oil stained gravel within the barn. Most of the organochloride pesticide constituents were not detected in all four composite soil samples; chlordane (technical) and a-chlordane were detected at low concentrations, metals lead and arsenic were detected within or below background concentrations, and mercury was reported as not detected. However, the composite soil sample from within the barn elevated concentra- tions of TEPH. The vertical extent of the oil-staining appeared to be limited to the initial two feet. Implementation of the following two mitigation measure would reduce these potential impacts to a less- than-significant level: Mitigation Measure Hazards -1: The initial two-feet of stained soil located on the south side of the large barn shall be excavated and hauled away from the subject site to a Class II landfill site. This remediation shall be performed in accordance with requirements of the Contra Costa County Health Services Department for petroleum hydrocarbons impacted soils, which requires collec- tion and analysis of confirmed soil samples for TEPH from beneath the excavated soil. Mitigation Measure Hazards-2: Prior to demolition of buildings known or suspected of construc- tion prior to 1980, the project developer shall have a lead-based paint and asbestos-containing materials survey conducted by a certified professional. Identified loose and peeling lead-based s 27 paint and asbestos-containing materials should be abated in accordance with applicable regula- tions. Federal and state construction worker safety regulations should be followed during demo- lition activities where lead and/or_asbestos are known or suspected to be present. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? There are no existing schools within 'A mile of the project site. No new schools are proposed within '/4 mile of the project site. As described in Section VII.a, the proposed project includes the construction of residential units and would not result in the routine use, transport, or disposal of substantial quantities of hazardous materials. As described in Section VII.b, the proposed mitigation measures would reduce potential impacts from historic uses to less than significant levels. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the pub- lic or the environment? The project site is not located on the list of hazardous materials sites prepared pursuant to Government Code Section 65962.5 and would not pose a significant health hazard to the public or environment. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The project site is located within the boundary of the adopted Airport Land Use Plan for Buchanan Field. Chapter 3 of the County Airport Land Use Compatibility Plan outlines land use policies relative to all property with an established distance of the Buchanan Airport, generally 14000 feet from the end of the runways. The project site is within the Airport Influence area, approximately 7,000 feet northwest of the north end of runway 14. The Plan has three areas of evaluation: Noise Compatibility, Safety Compati- bility and Airspace protection. Noise Compatibility. The Plan states that acceptable noise levels for single-family residential uses is up to 55 dB CNEL. The 55 dB contour in the project vicinity is east of I-680, approximately 3,600 feet from the project site. Safety Compatibility. Airport safety zones are given the designations of 1 through 4, with 4 being the least restrictive with regard to allowable land use. The project site is not within a Safety Compatibility Zone, and is approximately 2,700 feet outside the closest Zone 4. Airspace Protection. Airspace protection zones are delineated in the Airport Land Use Plan. The pro- ject site is in an area where no structure is allowed above 173 feet mean sea level. The highest proposed finished floor(Lot 18) would be 70.2 feet. The maximum zoning height is 35 feet; the most conservative estimate for a top of structure elevation would be 105.3 feet. This is well below the 173-foot Limit. fi For a project located within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 28 See Section VII.e above. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? The proposed project is the redevelopment of a primarily residential site and improvement to DA57, it would not impair implementation or physically interfere with an adopted emergency plan or emergency evacuation plan. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The project site is in a suburban area and development of the proposed project would not expose people or structures to an increased risk of wildland fires. In addition, as part of the building permit process, all plans are reviewed for compliance with applicable Building and Fire Department requirements, pursuant to the Uniform Building and Fire Codes, and all other related County requirements. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact impact VIII.HYDROLOGY AND WATER QUALITY. Would the proj ect: a) Violate any water quality standards or waste discharge 8 8 V e requirements? b) Substantially deplete groundwater supplies or interfere sub- 0 8 8 V stantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site e V 8 8 or area, including through the alteration of the course of a stream or river, in a manner which would result in substan- tial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site 8 8 V 8 or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flood- ing on-or off-site? e) Create or contribute runoff water which would exceed the B e V 8 capacity of existing or planned stormwater drainage sys- tems or provide substantial additional sources of polluted runoff? ! 29 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) Otherwise substantially degrade water quality? 8 0 V e g) Place housing within a 100-year flood hazard area as 8 0 V 0 mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which 8 B V 8 would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, 8 e V 8 injury or death involving flooding, including flooding of as a result of the failure of a levee or dam? j) Inundation by seiche,tsunami,or mudflow? 0 8 V e a) Violate any water quality standards or waste discharge requirements? The Storm Water Pollution Prevention Program (SWPPP) and Best Management Practices (BMP's) for the project would be prepared by the project civil engineer and reviewed and approved by the County Public Works Department as part of the Grading and Improvement Plans. County inspection during site preparation and construction would confirm the implementation and on-going maintenance of the SWPPP and BMP's and other pertinent County requirements related to water quality standards and waste dis- charge requirements. The project would not result in significant impacts on water quality. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? The project would not result in direct additions or withdrawals to existing groundwater,the project would utilize the public water system. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? The project site currently slopes down towards Pacheco Boulevard. The proposed project includes grad- ing on the site to create three terraces for the residences, however it does not change the direction of drainage on the site and would not substantially alter he drainage pattern of the site or area. The con- struction standards and permit requirements described in Section VIII.a would mitigate potential impacts related to erosion or siltation to a less than significant level. 30 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? Existing uses on the site include three residences, a barn and miscellaneous accessory structures. The proposed project would redevelop the site with 41 residences and associated roadways and driveways. The proposed project would increase the amount of impervious surface and thus increase the amount of surface runoff from the site. Line B of Contra Costa County Flood Control &Water Conservation District's(CCCF&WCD)Drainage Area 57 is located to the northwest of the site east of Pacheco Boulevard, and to the southeast of the site in Pacheco Boulevard. The Improvements in the CCCF&WCD Drainage Area Plan were designed to accommodate the land uses in the General Plan, including development of the project site. The adopted drainage.area plan calls for replacing the existing 36-inch pipes with 72-inch pipes under the BNSF rail- road track embankment and under the private driveway serving the properties across Pacheco Boulevard. Without these improvements, flooding could occur on lower elevation properties along Pacheco Boule- vard. The following Mitigation Measure would reduce potential impacts associated with the increase in surface water runoff and flooding to less than significant levels: Mitigation Measure Hydrology-la: The applicant shall construct Line B improvements for Drainage Area 57 as required to handle additional project runoff in accordance with CCCF&WCD requirements. Costs associated with these .improvements shall be eligible for Drainage Area Fee credits and reimbursement per CCCF&WCD policy, if fee credits do not cover the total cost. The CCCF&WCD shall acquire right-of-way, if necessary,at the applicant's request. If procurement of right-of-way or construction timing delays these improvements, the CCCF&WCD shall work with the applicant to develop interim solutions. e) Create or contribute runoff'water which would exceed the capacity of existing or planned storm- water drainage systems or provide substantial additional sources of polluted runoff? See Section VIII.d regarding the capacity of storm water drainage systems. Grading and Drainage plans would be prepared for the proposed project, and as described in Mitigation Measure Geology-1, all grading and drainage plans are subject to review of the County Geologist and to the review and approval of the Zoning Administrator. Mitigation Measures included in Section VI, as well as the construction standards and permit requirements described in Section VIII.a would ensure potential impacts related to additional sources of polluted runoff would be less than significant. fi Otherwise substantially degrade water quality? The construction standards and permit requirements described in Section VIII.a would ensure potential impacts related to water quality would be less than significant. r 4 31 g) Place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Bound- ary or Flood Insurance Rate Map or other flood hazard delineation map? In the north corner of the project site, the 100-year flood plain extends approximately 15 feet onto the project site. No development is proposed in this area. The lowest finished floor elevation within the pro- posed development would be 7 feet above the 100-year flood plain. The proposed project would not result in the placement of housing in a flood hazard area. h) Place within a 100 year flood hazard area structures which would impede or redirect floodflows? See Section VIII.g. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, includ- ing flooding of as a result of the failure of a levee or dam? Any flooding on the site would not expose people or structures to a significant risk of loss, injury, or death. j) Inundation by seiche, tsunami, or mudflow? The project site is located approximately 3 miles from Suisun Bay. The potential for the project site to be inundation by seiche,tsunami, or mudflow is less than significant. Potentially Significant • Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? 0 0 V b) Conflict with any applicable land use plan, policy, or regula- 0 0 V 0 tion of an agency with jurisdiction over the project (includ- ing, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the pur- pose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or 0 0 8 V natural community conservation plan? a) Physically divide an established community? The proposed project site is surrounded by primarily suburban residential uses. The proposed project can be characterized as infill and would not divide an established community. b) Conflict with any applicable land use plan,policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 32 The General Plan designation for the project site is Multi-Family Low Density which allows between 7.3 and 11.9 multi-family units per acre. The proposed project is for single family units at a density of less than 10 units per gross acre. Through the Development Plan approval process,the County has the discretion to allow single family homes in zones designated for multi-family residential use. Zoning for the proj ect site is M-12 (12.0 dwelling units/acre). The proposed proj ect includes the rezoning of the site to P-1, which would accommodate the proposed single-family use and associated property development standards, including appropriate setbacks and parking. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? The project site is not subject to a habitat conservation plan or natural community conservation plan. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Irnpact Impact X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource would � e B V that w o d be of value to the region and the residents of the State? b) Result in the loss of availability of a locally-important min- e B 8 V eral resource recovery site delineated on a local general plan, specific plan or other land use plan? a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? No known mineral resources are present at the project site. Implementation of the proposed project would not result in the loss of availability of a known mineral resource. b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? See Section X.a. 33 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess 0 V 8 e of standards established in the local general plan or noise ordinance,or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground 8 8 V 8 borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in 0 0 V 8 the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise e 8 V 8 levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or,where 8 8 V e such a plan has not been adopted, within two miles of a pub- _ lic airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would 8 e V e the project expose people residing or working in the project area to excessive noise levels? a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? An Environmental Noise Study and Supplemental Recommendations were completed for this site by Shen Milsom Wilke in February 2003 and August 2004, respectively. These studies are available for public review at Contra Costa County. The discussion below summarizes the findings of those studies. The sources of environmental noise in the project vicinity include traffic on Pacheco Boulevard,traffic on I-680, and noise related to the BNSF railroad. Noise from Pacheco Boulevard masks the noise from 1- 680. Noise from the BNSF, which is audible, is intermittent and does not affect the total equivalent con- tinuous noise level.A noise survey was conducted for the proj ect site. Results of the measurements show that 24-hour average noise level (DNL) at the measuring location was 69 dBA. This level is "Normally Unacceptable" under HUD Guidelines and "Conditionally Acceptable" under Contra County standards. The following mitigation measures would reduce the exposure of persons to noise levels in excess of standards to less than significant: Mitigation Measure Noise-1: Window and doors in the 70 to 74 DNL noise zone with a direct line of sight to Pacheco Boulevard(residences 1,2,3, 3 9,40,41) shall have sound-insulating per- formance of at least STC 31. Windows in the 65 to 69 DNL noise zone (residences 4, 5, 6, 36, 37, 3 8) and all other residences may be fitted with standard insulated residential windows (usu- 34 ally about SCT 28). The recommended minimum sound ratings are based on a window surface not exceeding 40 percent of the overall wall area and on an average room size basis. Specifica- tions for window frames, doors, and sliding doors should indicate that both the frame and glass together in a complete assembly (with operable sash)meet the STC 31 requirements,not just the glass alone. Mitigation Measure Noise-2: All -residences with windows with direct exposure to Pacheco Boulevard in the 70 to 74 DNL noise zone (residences 1, 2, 3, 39, 40, 41) and in the 65 to 69 DNL noise zone(residences 4, 5, 6, 36, 37, 38) shall include separate ventilation systems so that the window/wall construction is able to meet the 45 dB,NDL interior-noise level standard with the windows closed. Mitigation Measure Noise-3: Units 1,2, 3, 39,40 and 41 shall be fitted with architectural screens at the outdoor living areas to block the direct line of sight (noise impact corridor) between the outdoor living space and Pacheco Boulevard. The screen shall be of solid material having a minimum density of 4 four pounds per square foot. b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? Construction of the proposed project would require minor excavation and earthwork activities. Although these activities could result in infrequent periods of high noise, this noise would not be sustained and would occur only during the temporary construction period. No pile driving or other construction activity that would generate very high noise levels or ground borne vibration would occur within the project site. Therefore, this impact is considered less-than-significant. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? The long-term use of the project is residential. This land use would not generate high ambient noise lev- els. Conservative estimates for the increases in noise on the project site as a result of increase in traffic levels on Pacheco Boulevard due to increases in background traffic are one to two dB. No substantial long-term increase in ambient noise levels is expected as a result of project implementation. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Construction activities associated with implementation of the proposed project could temporarily increase ambient noise levels. However, these noise levels would occur in association with minor excavation and earthwork activities, would be intermittent and short term, and would not be considered significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The County Airport Land Use Compatibility Plan includes noise contours from aircraft operations at Buchanan Field. The project site is not in a zone of increased noise from the airport,the 55 dB contour is t 35 located approximately 3,600 feet from the site, east of 1-680. The proposed project would not expose people residing or working in the project area to excessive noise levels. J) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? See Section XI.e, above. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either 0 0 0 V directly (for example, by proposing new homes and busi- nesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, 0 0 V 0 necessitating the construction of replacement housing else- where? c) Displace substantial numbers of people, necessitating the 0 0 V 0 construction of replacement housing elsewhere? a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastruc- ture)? The existing residential uses include three single-family residences. The proposed project would require the demolition of these residences and would redevelop the site with 41 residential units. Contra Costa County has an average household population of 2.72. The proposed project would increase the net popu- lation of the site by approximately 104 persons (41 x 2.72 — 3 x 2.72 = 103.4). The additional 104 resi- dents represent less than one percent of the existing population of Contra Costa County, which was 948,816 in 2000 according to the US Census. In addition,the project site is within the Urban Limit Line and the proposed project would not induce any population growth beyond that anticipated for the area. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Implementation of the proposed project would remove three existing single-family residences. The owner of the property is one of the residents on the site, and the other two residences are rented. The proposed project would not displace a substantial number of housing units or people and would not necessitate the construction of replacement housing elsewhere. n 36 c) Displace substantial numbers of people, necessitating the construction of replacement housing else- where? See Section XILb, above. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XIII.PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? 8 8 V 0 Police protection? 8 8 V 0 Schools? 8 0 V 8 Parks? 8 e V e Other public facilities? 8 0 V 8 a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection,police protection, schools,parks, other public facilities? The proposed project will be located on a suburban infill site that is already served by public service systems. The proposed project would result in a net increase of 38 residences on the project site. The level of public services required for the site would be similar to or slightly greater than the level currently demanded. As part of the building permit review process, all departments and agencies responsible for providing services are consulted to determine their ability to provide services to proposed development prod ects. Such services within the project area may include, but are not limited to fire and police protec- tion, schools, maintenance of public facilities including roads, and other governmental services as antici- pated by the County's General Plan. Where required, the payment of in-lieu fees would further reduce potential impacts related to the provision of public services. Implementation of the proposed project would not result in substantial adverse physical impacts associated with the provision, need, or construc- tion of government facilities. 37 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XIV. RECREATION. a) Would the project increase the use of existing neighborhood 0 8 V 8 and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the 8 9 V 8 construction or expansion of recreational facilities which might have an adverse physical effect on the environment? a) Would the project increase the use of existing neighborhood and regional parks or other recrea- tional facilities such that substantial physical deterioration of the facility would occur or be accel- erated? As discussed in Section XIl.a, the proposed project would include 41 single-family residences, and increase the population on the site by approximately 104 persons. The proposed residences would include rear yards, and the project would include landscaped, sloped, open space areas. The increase the use of existing neighborhood and regional parks or other recreational facilities as a result of the proposed project would not be such that substantial physical deterioration of the facility would occur or be accelerated. Where required, the payment of in-lieu fees would further reduce potential impacts related to the provi- sion of parks. b) Does the project include recreational facilities or require the construction or expansion of recrea- tional facilities which might have an adverse physical effect on the environment? The proposed project does not include recreational facilities and would not require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. See Section XIV.a, above. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XV. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to 8 8 V e the existing traffic load and capacity of the street system(i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 38 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b) Exceed, either individually or cumulatively, a level of service e 0 V 0 standard established by the county congestion management agency on designated roads or highways? c) Result in a change in air traffic patterns, including either an 8 0 B V increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., B e V sharp curves or dangerous intersections) or incompatible uses (e.g.,farm equipment)? e) Result in inadequate emergency access? 8 B B V f) Result in inadequate parking capacity? 8 8 8 V g) Conflict with adopted polices, plans, or programs supporting 8 0 8 V alternative transportation(e.g.,bus turnouts,bicycle racks)? a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? In the vicinity of the project site Pacheco Boulevard flows smoothly and without delay. The speed limit is 35 and 40 miles per hour (MPH) and the road is two lanes, one in each direction, except as it approaches Arthur Drive. There are no reports of special or unusual accident patterns along this stretch of Pacheco Boulevard over the last five years. There are currently three residences on the project site. The proposed project would demolish those three residences and construct 41 new residences. The net increase of 38 single-family homes is not expected to create a substantial increase in traffic on Pacheco Boulevard. The 38 single-family homes would add approximately 380 daily trips, and 38 peak hour trips to the local roadways. The net increase in traffic is not expected to impact the level of service at the signalized intersections in the project area, Arthur Road or Blum Road/Highway 4 off-ramp. The signalized intersections at Arthur Road and Blum Road currently operate at Level of Service C or better in both the AM and PM peak hours. An increase in 380 daily trips, and 38 peak hour trips, even when added to a background growth rate of S percent, would not cause a deterioration of this Level of Service. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency or designated roads or highways? Implementation of the proposed project would add approximately 38 peak hour trips to the local road- ways. This increase is not expected to exceed a level of service standard established by the Contra Costa County Congestion Management Agency. 39 c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The project site is located approximately 1.75 miles northwest of the Buchanan Field Airport. Imple- mentation of the proposed project would not result in a change to air traffic patterns. d) Substantially increase hazards due to a design feature (e.g., sharp curves-or dangerous intersec- tions)or incompatible uses (e.g.,farm equipment)? A private driveway off of Pacheco Boulevard, "Della Rosa Lane" would provide access to the site; this driveway would be oriented 90 degrees to Pacheco Boulevard. An existing easement along the south property line would be retained, and used in conjunction with a new emergency vehicle access lane loop- ing back to Della Rosa Lane, to facilitate fire department access. The project has been designed to accommodate the realignment of Pacheco Boulevard as planned by County Public Works. e) Result in inadequate emergency access? Emergency vehicles could access the site both at Della Rosa Lane and at the access easement located on the south edge of the project site. Turn-around areas have been developed to accommodate emergency vehicles. The proposed project would have adequate emergency access. Result in inadequate parking capacity? The proposed project would provide parking capacity consistent with the County Zoning Ordinance. The project would include 68 guest parking spaces in addition to the code requirement of 2 parking spaces per dwelling unit. On street parking on Della Rosa Lane would provide 30 parking space and driveway areas would provide 38 parking spaces. Each residence would include a two-car garage. g) Conflict with adopted polices, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The project does not conflict with adopted policies or programs supporting alternative transportation. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVI.UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable 8 V Regional Water Quality Control Board? b) Require or result in the construction of new water or waste- 8 e V e water treatment facilities or expansion of existing facilities, the construction of which could cause significant environ- mental effects? r 40 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact c) Require or result in the construction of new storm water 8 V 8 8 drainage facilities or expansion of existing facilities, the construction of which could cause significant environ- mental effects? ' d) Have sufficient water supplies available to serve the project 8 0 V e from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment pro- 8 0 V 8 vider which serves or may serve the project that it has ade- quate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to 0 8 V 0 accommodate the project's solid waste disposal needs? g) Comply with federal, State, and local statutes and regula- 0 8 V 8 tions related to solid waste? a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? The proposed project would be located on a suburban infill site that is already served by utilities and pub- lic service systems. Existing uses on the site include 3 residences. Proposed uses on the site include 41 residences. The level of public services required for the site would be similar to or slightly greater than the level currently demanded. Construction of new facilities related to the provision of utilities, would not be required as a result of the proposed project. b) Require or result in the construction of new water or wastewater treatment facilities'or expansion of existing facilities, the construction of which could cause significant environmental effects? See XVI.a, above. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Improvements to the existing capacity of Line B of Drainage Area 57 are necessary to serve the drainage needs of the proposed project. The proposed expansion is part of the approved CCCFC&WCD Drainage Area Plan and improvements to DA57 would include the construction of approximately 250 linear-feet of 72-inch concrete pipe, 3 headwalls, one junction box structure and 170 linear-feet of channel grading. As discussed in Section IV. Biological Resources, DA57 that is part of the project site consists of approximately 1.5 acres of historically disturbed and altered land on the northeast side of Pacheco Boulevard near 4677 Pacheco Boulevard, as well as a small area north of the BNSF railroad embankment. r• 41 Specifically, the site consists of an artificially-created storm water conveyance system between Pacheco Boulevard and an outfall on the north side of the railroad right-of-way. The site has been heavily modified by recent and historical grading and filling, although wetland vegetation has become established where surface flows back up behind the railroad embankment. Several habitat types are present, including: non-native grassland/ruderal, seasonal wetland, creeping wildrye grassland, coastal/valley freshwater marsh, willow riparian scrub, and a planted grove of cottonwood (Populusfremontii)trees. The following mitigation measure would reduce this impact to a less than significant level: Mitiization Measure Utilities-1: Implementation of Mitigation Measures Biological la, lb, 2, 3, 6a, 6b, 7a, and 7b would reduce potential impacts to the special-status plants, special-status animals, riparian habitat and creeping ryegrass grassland and jurisdictional wetlands in DA57 to less than significant levels. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? The proposed project will be located on a suburban infill site that is already served by public service sys- tems. The proposed project would include net increase of 38 residences on the project site. The level of public services required for the site would be similar to or slightly greater than the level currently demanded. As part of the building permit review process, all departments and agencies responsible for providing services are consulted to determine their ability to provide services to proposed development proj ects. e) Result in a determination by the wastewater treatment provider which serves or may serve the pro- ject that it has adequate capacity to serve the project's projected demand in addition to the pro- vider's existing commitments? See XVI.d, above. Be served by a landfill with sufficient permitted capacity to accommodate the project-s solid waste disposal needs? See XVI.d, above. g) Comply with federal, State, and local statutes and regulations related to solid waste? Recycling receptacles would be provided within the project site, in accordance with all statutes and regu- lations related to solid waste. 42 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XVII.MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of 8 v 8 8 the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate impor- tant examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, 8 8 V but cumulatively considerable? ("Cumulatively consider- able"means that the incremental effects of a project are con- siderable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) d) Does the project have environmental effects which will 0 8 B V cause substantial adverse effects on human beings, either directly or indirectly? a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sus- taining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major per- iods of California history or prehistory? As described in Section N, implementation of the proposed project could adversely affect special status plants and animals. However, implementation of Mitigation Measures Biological-1 through 5 would ensure that impacts to these species are reduced to less-than-significant levels. As described in Section V., Cultural Resources, there are no identified cultural resources within the site, and it is unlikely that resources will be uncovered during the construction period. Implementation of the proposed project would not: 1) degrade the quality of the environment; 2) substantially reduce the habitat of a fish or wild- life species; 3) cause a fish or wildlife population to drop below self-sustaining levels; 4) threaten to eliminate a plant or animal community; 5)reduce the number or restrict the range of a rare or endangered plant or animal; or 6) eliminate important examples of the major periods of California history or prehis- tory. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) The impacts of the proposed project are individually limited and not cumulatively considerable. The proposed project would result in the development of 41 residential units in suburban Contra Costa 43 County. All environmental impacts that could occur as a result of the proposed project would be reduced to a less-than-significant level through implementation of the mitigation measures recommended in this Initial Study. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? The proposed project would result in no environmental effects that would cause substantial direct or indi- rect adverse effects on human beings. B. REPORT PREPARERS LSA/MCA 1190 El Camino Real Colma, CA 94014 Malcolm Carpenter,Principal-In-Charge LSA Associates,Inc. 2215 Fifth Street Berkeley, CA 94710 Shannon Allen,Project Manager/Planner Sue Smith,Word Processing Skip Schimmin, Graphics Manager LSA Associates,Inc. 157 Park Place Pt. Richmond, CA 94801 Susan Dearn, Senior Biologist Matthew Ricketts, Assistant Wildlife Biologist Other Preparers Ryan Hernandez,Planner, Contra Costa County C. BIBLIOGRAPHY California Department of Transportation, California Scenic Highway Program --http://www.dot.ca.gov/ hq/LandArch/scenic/schwyl.html Contra Costa, County of. 1996. Contra Costa County General Plan 1995-2010. Darwin Myers Associates, 2004. Geologic Review Services Contract,Pacheco Boulevard Courtyard Homes. August 16. `4 Hamb,Maureen,WCISA Certified Arborist, 2003. Tree Inventory/Assessment 4728 Pacheco Boulevard. December, 17. Loving&Campos Architects Inc. 2004.Project Application Pacheco Boulevard Courtyard Homes. January 23. LSA Associates,Inc.2004. Biological Resources Peer Review.August 17. Shen Milsom Wilke,2003. Pacheco Boulevard Courtyard Homes, Environmental Noise Study. February 12. Shen Milsom Wilke, 2004. Pacheco Boulevard Courtyard Homes, Environmental Noise Study, Supplementary Recommendations. August 2. State of California Department of Conservation, Division of Land Resource Protection,2004. Important Farmland Map. Terrasearch, Inc. 2003. Phase I Environmental Site Assessment. October. Terrasearch, Inc. 2003. Phase II Environmental Site Assessment.November. Terrasearch, Inc.2004—Preliminary Landslide Evaluation and Geotechnical Investigation.January 2004 William Self Associates. 2003. An Achaeological Assessment of a 4.26-Acre Parcel (APN 161-262-022) Located at 4728 Pacheco Boulevard,Martinez, Contra Costa County, California. December 12. Wood Biological Consulting. 2004. Wetland Delineation and Preliminary Jurisdictional Determination for the Proposed Drainage Area 57 Improvements, Contra Costa County Flood Control and Water Conservation District. July 16. Wood Biological Consulting and Wildlife Research Associates. 2004. Biological Assessment for the DellaRosa Property. August 4. Wood Biological Consulting and Wildlife Research Associates. 2004. Biological Assessment for the Proposed Drainage Area 57 Improvements. August 3. N W NCS? : Y � �. \�i.` . \+���, '•\'\'fes-'.'� Rot •o y c-G atter,.0s ��Q � r r �� it �•� � � �� `',•' 0 74 CD �..'.� in CY �. (0 N�' ..••Q-Q Q'�,,., il\ CY i j 4 r i•,, \ ` y \ ,' \ \ �/i� \ y�, `\ -; rn.N � �•�•o�\„�n � 3 r p +n •�i: i i\ 4� � �i �t � ` Tt � \ to G Qr�'Q� O,''C4pdd� N of �•. + {r at \% Q �� \ \ \ \� ,-; \S\ i \�;,, o, Q .... . nN N > �+Qp r �� • s�•„ \ i\ \ 't` \\ \ \ k p. 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C� t� O) O O t S r` N O cn N O ts tv O cd C) •: .� .✓ a 00 O 00 V � . 'bD � o woo n j► 46 n n P O cd tNl� O N � tn tn d•V N �� 3 o'q o tn 00 � v ¢' Y- R Table B: Feasible Control Measures for Construction Emissions of PM10 Basic Control Measures—The-following controls should be implemented at all construction sites. • water all active construction areas at least twice daily. • Cover all trucks hauling soil,sand,and other loose materials or require all trucks to maintain at least two feet of free- board. • Pave,apply water three times daily,or apply(non-toxic)soil stabilizers on all unpaved access roads,parking areas and staging areas at construction sites. • Sweep daily(preferably with water sweepers)all paved access roads,parking areas and staging areas at construction sites. • Sweep streets daily( referabl with water sweepers)if visible soil material is carried onto adjacent public streets. Enhanced Control Measures—The following measures should be implemented at construction sites greater than four acres in area. • All"Basic"control measures listed above. • Hydroseed or apply(non-toxic)soil stabilizers to inactive construction areas. • Enclose,cover,water twice daily or apply(non-toxic)soil binders to exposed stockpiles(dirt,sand,etc.). • Limit traffic speeds on unpaved roads to 15 mph. • Install sandbags OTother erosion control measures to prevent silt runoff to public roadways. [• Replant vegetation in disturbed areas as quickly as possible. Optional Control Measures—The following control measures are strongly encouraged at construction sites that are large in area,located near sensitive receptors or which for any other reason may warrant additional emissions reductions. • Install wheel washers for all exiting trucks,or wash off all trucks and equipment leaving the site. • Install wind breaks,or plant trees/vegetative wind breaks at windward side(s)of construction areas. • Suspend excavation and grading activity when winds exceed 25 mph. • Limit the area subject to excavation,grading and other construction activity at any one time. 9 MAPS I I . I SWONEUM DNINNVIIJ almoamo-av um,sodujvo-5uv.q,mmm UMJOjqg:) (Z;)UTIJEW 4 PJUAalnoll OOQqc)ucl 8ZLV . I 11 15.9 . I w z A a I- . 0 .01 A 9991-"6(SZ6)M gzgl-"6(m) --- 9 x I . I . = W, T-4 -.4 i z I I ��1 0 i 9606 V:)V21D IDUMA PROld"112A OPNUSA 5V 9 I (n -- ci I I I 0 . 11:.. 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MICHAEL JR & ROSEANNE ANSELMO ROBERT BORGES VICTOR N ERDEI 4687 PACHECO BLVD 4626 PACHECO BLVD 4736 PACHECO BLVD MARTINEZ CA 94553 MARTINEZ CA 94553 MARTINEZ CA 94553 APN 161-262-014-4 APN 161-262-016-1 APN 161-262-421-9 EUGUENE R & DARLENE G KOCH EUGUENE R & DARLENE G KOCH ROBERT & CHRISTINE KNOBLOCF 4754 PACHECO BLVD 4754 PACHECO BLVD 4734 PACHECO BLVD MARTINEZ GA 94553 MARTINEZ CA 94553 MARTINEZ CA 94553 .APN 161-262-022-7 APN 161-262-023-5 APN 161-270-002-9 EUGENE P DELLAROSA NHPAHP DEVELOPMENT it LTD DEBORAH O FAM LEWIS 6310 EDNA RD 1675 PALM BEACH LAKES BLVD 998 GRAYSON LN SAN LUIS OBISPO CA 93401 WEST PALM BEACH FL 33401 PLEASANT HILL CA 94523 APN 161-274-011 APN 161-270-017-7 APN 161-570-001-8 BRET & VALERIA TABER JOHN R TRE MCKIERNAN DELUKE COMPANY LIMITED 950 ANDREWS DR 1125 B ARNOLD DR#180 535 ARASTRADERO RD MARTINEZ CA 94553 MARTINEZ CA 94553 PALO ALTO CA 94306 APN 161-570-002-6 APN 161-574-003-4 APN 161-570-004-2 -DELUKE COMPANY LIMITED DELUKE COMPANY LIMITED -DELUKE COMPANY LIMITED 535 ARASTRADERO RD 535 ARASTRADERO RD 535 ARASTRADERO RD PALO ALTO CA 94305 PALO ALTO CA 94306 PALO ALTO CA 94305 APN 161-570-005-9 - APN 161-570-006-7 APN 161-570-007-5 DELUKE COMPANY LIMITED DELUKE COMPANY LIMITED DELUKE COMPANY LIMITED 535 ARASTRADERO RD 535 ARASTRAIDERn RD ARACTR An' =Dn Dn vvv 1 %I%0f %%.✓I I%J, 1"Of L_1\u 1\LJ .PALO ALTO CA 94305 PALO ALTO CA 94306 PALO ALTO CA 94305 -APN 161-570-008-3 APN 161-570-409-1 APN 161-570-010-9 DELUKE COMPANY LIMITED DELUKE COMPANY LIMITED DELUKE COMPANY LIMITED .535 ARASTRADERO RD 535 ARASTRADERO RD 535 ARASTRADERO RD- PALO ALTO CA 94306 PALO ALTO CA 94306 PALO ALTO CA 94306 APN 161-570-011-7 APN 161-570-012-5 APN 161-570-013-3 .DELUKE COMPANY LIMITED DELUKE COMPANY LIMITED DELUKE COMPANY LIMITED 535 ARASTRADERO RD 535 ARAS T RADERO RD 535 ARAS T RADERO RD ..PALO ALTO CA 94306 PALO ALTO) CA 94306 PALO ALTO CA 94306 APN 161-570-014-1 APN 161-570-015-8 APN 161-570-016-6 DELUKE COMPANY LIMITED DELUKE COMPANY L IMI T ED DELUKE COMPANY L IMITED -535 ARASTRADERO RD 535 ARASTRADERO RD 535 ARASTRADERO RD PAL C1 ALTO CA 94305 PALO ALTO Cr. 94305 P,�L,O .��►OCA 94305 r APN 161-570-017-4 ,�r'N 161-570-018-2 "%PN 161-570-019 +� DELUKE COMPANY LIMITED DELUKE COMPANY LIMITED DELUKE COMPANY LIMITED 535 ARASTRADERO RD 535 ARASTRADERO RD 535 ARASTRADERO RD PALO ALTO CA 94306 PALO ALTO CA 94306 PALO ALTO CA 94306 ■ APN 161-570-020-8 APN 161-570-021-6 DELUKE COMPANY LIMITED COMMON AREA-TRACT 535 ARASTRADERO RD 535 ARASTRADERO RD PALO ALTO CA 94306 PALO ALTO CA 94306 .,. -��_-,� w._ , � ,. r� _ NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS MARTINEZ AREA NOTICE is hereby given that on Tuesday February 8,2005 at 1:00 pm in the County Administration Building, 651 Pine Street,(Corner of Pine and Escobar Streets),Martinez, California,the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matter: Request for Approval to rezone 4.26 acres from Multiple-Family Residential,,M-12,to Planned Unit Development. Request for Approval of a variance to allow 4.26 acres to be rezoned to P-1. County File#RZ-043140. Request for Approval of a final development plan to establish 41 single-family residences on a 4.26-acre property. County File#DP-043004 The location of the subject property is within the unincorporated territory of the County of Contra Costa County, State of California,generally identified below(a more precise description may be examined in the Office of the Director of Community Development,County Administration Building,Martinez, California): The location of the subject site is 4728 Pacheco Boulevard in the Martinez area. For the purposes of compliance with the provisions of the California Environmental Quality Act(CEQA), A Mitigated Negative Declaration of Environmental Significance(no Environmental hnpact Report required)has been issued for this propJect. If you challenge this matter in Court,you may be limited to raising only those issues you or someone else raised at the public hearing described at the public hearing described in this notice,or in written correspondence delivered to the County at,or prior to,the public hearing. Prior to the hearing,Community Development Department staff will be available on Tuesday,February 8,2005 at 12:30 pm,in Room 108,Administration Building, 651 Pine Street, Martinez,to meet with any interested parties in order to(1)answer questions; (2)review the hearing procedures used by the Board; (3)clarify the issues being considered by the Board; and(4)provide an opportunity to identify,resolve, or narrow any differences which remain in dispute. If you wish to attend this meeting with staff,please call Ryan Hernandez at 925-335-1206, Community Development Department,by 3:00 pm on Monday,February 7,2005 to confirm your participation. Date: January 24, 2005 John Sweeten, Clerk of the Board of Supervisors and County Administrator By Katherine Sinclair,Deputy Clerk PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation,, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not, in any supplement thereof on the following dates,to-wit: January all in the year of 2005 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. E equted at Walnut Creek, California. t-X 0n is 29 of January 2005 ....0.0 ... ......0............ ... ................ ......00.4...... Signa ure Contra Costa Times P 0 Box 4147 Walnut Creek, CA 94596 (925) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS MARTINEZ AREA NOTICE is hereby given Date: January 24,2005 that on Tuesday February 8,2005 at 1.00 pm in the John Sweeten,Clerk of the County Administration Board of Supervisors and Building, 651 Pine Street, County Administrator (Corner of Pine and Esco- bar Streets),Martinez,Cal- By Katherine Sinclair, Ifornia, the Contra Costa Deputy Clerk County Board of Supervi- Legal CCT 1993 Publish January 29,2005 hearing to consider t e fol- lowing planning matter: Request for Approval to rezone 4.26 acres from Multiple-Family Residen- tial,M-12,to Planned Unit Development. Request for --- - Approval of a variance to allow 4.26 acres to be re- zoned to P-1. County File #RZ-043140. Request for Approval of a final development plan to establish 41 single-family residences on a 4.26-acre proper County File #D -04 004 The location of the subject property is within the unin- corporated territory of the County of Contra Costa County, State of Califor- nia, generally identified below(a more precise de- scri tion may be exam- ined in the Office of the Di- rector of Community De- velopment,County Admin- istration Building, Marti- nez,California): The location of the subject site is 4728 Pacheco Boule- vard in the Martinez area. For the purposes of com- pliance with the provi- sions of the California En- vironmental Quality Act (CEQA),A Mitigated Nega- tive Declaration of Environ- mental Significance(no En- vironmental Impact Re- sued for thisdp has been is- If you challenge this mat- ter in Court, you may be limited to raising only those issues you or some- one else raised at the pub- lic hearing described at the publichearing descri- bed in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Prior to the hearing,Com- munity Development De- partment staff will be available on Tuesday,Feb- ruary 8,2005 at 12:30 pm, In Room 108, Administra- tion Building, 651 Pine Street, Martinez, to meet with any interested par- ties in order to(1)answer questions; (2) review the hearing procedures used by the Board; (3) clarify the issues being consicdi ered,by the Board;and(4) provide an opportunity to identify, resolve, or nar- row anydifferences which i remain n dispute: If you wish to attend this meet- ing with staff,please call Ryan Hernandez at 925- 335-1206, Community De- velopment Department, by 3:00 pm on Monday, February 7, 2005 to con- firm your participation.