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Home My WebLink AboutMINUTES - 04052005 - 2005 RES 203 THE BOARD OF SUPERVISORS,AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA Adopted this Resolution on April 5, 2005 by the following vote: AYES: SUPERVISORS GIOLA, PIEPHO, DESAULNIER, AND UILKEMA NOES: NONE ABSENT: SUPERVISOR.'`FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO.20051203 Government Code § 25526.6 SUBJECT: ADOPT Resolution No.2005! 203approving the City of Brentwood's Mitigated Negative Declaration (Tentative Subdivision Map 8453 Zoning Amendment to PD-26,May 200 1)and conveying an easement to the City of Brentwood for a sewer crossing under DA 30C, Line A, Contra Costa Flood Control Channel. Brentwood Area. District 111. Project No. 7558-6D8743 The Board hereby ADOPTS the previously approved City of Brentwood's Mitigated Negative Declaration (Tentative Subdivision Map 8453 Zoning Amendment to PD-26, May 2001), for the purpose of conducting Real Property transactions, in compliance with the California Environmental Quality Act (CEQA). This activity has been. found to conform to the General Plan of the City of Brentwood. DIRECTS the Director of Community Development to file a Notice of Determination with the County Clerk, and DIRECTS the Public Works Director to arrange for payment of a$25.00 handling fee to the County Clerk for filing, and a $25.00 fee to Community Development for processing of the of the Notice of Determination. The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District RESOLVES THAT: Contra Costa County Flood Control and Water Conservation District acquired certain real property by Grant Deed on April 9,2001 in Book 01087 at page 656,in the Brentwood area for flood control purposes,commonly known as the Contra Costa County Flood Control Channel.The City of Brentwood has requested an easement over a portion of said property, described in Exhibit "A" attached hereto, for the purpose of a sewer crossing for Sterling Preserve 1, Subdivision 8453. This Board FINDS that the conveyance of such easement is in the public's interest and will not substantially conflict or interfere with the Flood Control and Water Conservation District's use of the property. This Board hereby APPROVES and AUTHORIZES the conveyance of an easement to the City of Brentwood described in Exhibit "A" attached hereto, pursuant to Government Code Section 25526.6, and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute a Grant of Easement on behalf of the Flood. Control and Water Conservation District in consideration for the payment in full in the amount of$2,000. The Real Property Division is DIRECTED to cause said easement to be delivered to the grantee,for recording. CP:eh G:\RealProp\2005-Files\BOs&Reso\BR2A sterling Preserve Ldoc i hereby certify that this is a true and correct Orig.Dept.: Public works(R/P) copy of an action taken and entered on the Contact: Carla Peccianti(313-2222) minutes of the Board of Supervisors on the cc: P.W.Accounting P.W.Records date Shown. P.W.Environmental—T.Torres Grantee(via RIP) ATTESTED: APRIL 05, 2005 Community Development Dept—K.Piona ,JOHN SWEETEN,Clerk of the Board of L.Dalziel,Board Orders Clerk specialist,Adm. Supervisors and County Administrator By ,Deputy RESOLUTION NO. 20051 203 FEBRUARY 19, 2004 JOB NO. : 453-90 LEGAL DESCRIPTION 20 FOOT SANITARY SEWER EASEMENT CONTRA, COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT EXHIBIT BRENTWOOD, CALIFORNIA EXHIBIT `A' REAL PROPERTY, SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, BY DEED RECORDED JULY 8, 2975, IN BOOK 8026 OF OFFICIAL RECORDS AT PAGE 578, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHEASTERN LINE OF SAID PARCEL OF LAND, SAID POINT BEING THE SOUTHWESTERN CORNER OF THAT CERTAIN 35.55 ACRES PARCEL OF LAND, AS SAID 35 .65 ACRES PARCEL OF LAND IS SHOWN AND SO DESIGNATED ON THAT CERTAIN RECORD OF SURVEY RECORDED DECEMBER 20, 1990, IN BOOK 97 OF LICENSED SURVEYOR'S MAPS AT PAGE 7, IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY; THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG THE NORTHEASTERN LINE OF SAID PARCEL OF LAND (8026 OR 578) , NORTH 33°29'37" WEST (THE BEARING OF SAID NORTHEASTERN LINE BEING TAKEN AS NORTH 33029'37" WEST FOR THE PURPOSE OF MAKING THIS DESCRIPTION) 21. 91. FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID NORTHEASTERN LINE, SOUTH 5501.4'33" WEST 68 .15 FEET, TO A POINT ON THE SOUTHWESTERN LINE OF SAID PARCEL OF LAND (8026 OR 578) ; THENCE, ALONG SAID SOUTHWESTERN LINE, NORTH 34046' 04" WEST 20 . 00 FEET; THENCE, LEAVING SAID SOUTHWESTERN LINE, NORTH 55014' 33" EAST 68.60 FEET TO A POINT ON SAID NORTHEASTERN LINE. THENCE, ALONG SAID NORTHEASTERN LINE, SOUTH 33029'37" EAST 20 . 00 FEET TO SAID POINT OF BEGINNING. CONTAINING 1,358 SQUARE FEET (0 .03 ACRES) OF LAND, MORE OR LESS. END OF DESCRIPTION AND S. N0.717 CHRISTO ER S. HARMISON, P.L.S. Exp.1 aft L.S. NO. 7176 �+r EXPIRES: DECEMBER 31, 2005 ru5a-saEa,aslz.�.¢ 1�17G'CAtt��ti'� N88`5532"W 885.06' V LONE TREE WAY BEARING TABLE µ -y COOPER NO. I SEARING LENGTH d 5560 OR 210 ° L1 N33`2937"W 21.91' L2 N34'46'041 20.00' L3 S33'2937"E 1 20.00' �, `' ✓� ��,' AREA = 1,367 SF POB J POC SCC KIPER LLC. Ln � > D H46 97� LSM 7) t EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION 20' SANITARY SEWER EASEMENT CONTRA COSTA COUNTY FLOOD CONTROL AND MATER CONSERVATION DISTRICT BRENMOOD, CA61FORN1A JULY, 2003 Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS • PLANNERS 2603 CAMINO RADON, SUITE 100 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 866--0322 FAX: (925) 866-8575 G:\453-90\ACAD\PLAT\PLAT-04.DWG CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 PINE STREET 4TH FLOOR NORTH WING MARTINEZ, CALIFORNIA 94553-0095 Telephone: (925)313-2296 Contact Person: Cece Seligren, Environmental Planner Project Description, Common Name (if any) and vocation: Contra Costa County Real Property Transactions associated with City of Brentwood Mitigated Negative Declaration for the Tentative Subdivision Map 8453 Zoning Amendment to Ptd-26. The Contra Costa County Flood Control and Water Conservation District is granting an access and irrigation easement to East Contra Costa Irrigation District(ECCID)and an underground sewer line easement to the City of Brentwood within Drainage Area 30C (DA30C)in support of Subdivision 8453. The Contra Costa County Board of Supervisors is adopting the City of Brentwood's Mitigated Negative Declaration for the purpose of conducting real property transactions. In May of 2001, the City of Brentwood published the Tentative Subdivision Map 8453 Zoning Amendment to PD-26 Mitigated Negative Declaration. The Brentwood City Planning Commission adopted the Mitigated Negative Declaration on June 5, 2001. The access easement(approx. 35,872 square feet)is along the east and south hanks of DA30C detention basin. The irrigation easement (approx. 10,503 square feet) runs parallel (west to east) and is located approximately halfway between the northern and southern boundaries of the detention basin. The sewer line easement(approx. 1,368 square feet) is for the installation of a sewer line for Subdivision 8453 and is located within DA30C, approximately 1,000 feet south of the detention basin. Contra Costa County proposes to grant these easements in support of the project. Project Location: The project is located within DA30C in the City of Brentwood, south of Lone Tree Way and east of Fairview Avenue. Pursuant to the provisions of the California Environmental Quality Act: { } An Environmental Impact Report was prepared and certified (SCH# ) ( } The Project was encompassed by an Environmental Impact Report previously prepared for (SGH# }. { X ) A Mitigated Negative Declaration was prepared following identification of a potentially significant impact. The Mitigated Neg Dec(certified by the City of Brentwood)is being adopted by the Board of Supervisors. Copies of the record of project approval and the Mitigated Negative Declaration or the final EIR may be examined at the office of the Contra Costa County Community Development Department. { } The City of Brentwood determined the project will not have a significant environmental effect. The Board of Supervisors is adopting the certified Mitigated Neg Dec. ( } The Project will have a significant environmental effect. ( X ) Mitigation measures were made a condition of approval of the project. ( ) A statement of overriding considerations was adopted. ( } Findings were adopted pursuant to Section 15091 of the State CEQA Guidelines. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the tiling date. Signature Title Applicant: Department of Fish and Game Fees Due Contra Costa County Public Works Dept. EIR- $850 Total Due: $ 255 Glacier Drive Neg. Dec. -$1,250 Total Paid $ Martinez, CA 94553 DeMinimis Findings-$0 Attn: Trina Torres X County Clerk-$59 Receipt#: G:lGrpOatatEngSvc\ENVIRO\RealProp1DA30C-Sub 8453 Easements(Access-irrigation-Sewer)\NOD.doc CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 661 PINE STREET 4TH FLOOR NORTH WING MARTINEZ, CALIFORNIA 94553-0095 Telephone: (925)313-2296 Contact Person: Cece Sellgren, Environmental Planner Project Description, Common Name (if any)and Location: Contra Costa County Real Property Transactions associated with City of Brentwood Mitigated Negative Declaration for the Tentative Subdivision Map 8453 Zoning Amendment to PD-26. The Contra Costa County Flood Control and Water Conservation District is granting an access and irrigation easement to East Contra Costa Irrigation District(ECOID)and an underground sewer line easement to the City of Brentwood within Drainage Area 30C (DA30C)in support of Subdivision 8453. The Contra Costa County Board of Supervisors is adopting the City of Brentwood's Mitigated Negative Declaration for the purpose of conducting real property transactions. In May of 2001, the City of Brentwood published the Tentative Subdivision Map 8453 Zoning Amendment to PD-26 Mitigated Negative Declaration. The Brentwood City Planning Commission adopted the Mitigated Negative Declaration on June 5, 2001. The access easement(approx. 35,872 square feet)is along the east and south banks of DA30C detention basin. The irrigation easement (approx, 10,503 square feet) runs parallel (west to east) and is located approximately halfway between the northern and southern boundaries of the detention basin. The sewer line easement(approx, 1,368 square feet) is for the installation of a sewer line for Subdivision 8453 and is located within DA30C, approximately 1,000 feet south of the detention basin. Contra Costa County proposes to grant these easements in support of the project. Project Location: The project is located within DA30C in the City of Brentwood, south of Lone Tree Way and east of Fairview Avenue. Pursuant to the provisions of the California Environmental Quality Act: ) An Environmental Impact Report was prepared and certified (SCH# ) The Project was encompassed by an Environmental Impact Report previously prepared for (SCH# X) A Mitigated Negative Declaration was prepared following identification of a potentially significant impact, The Mitigated Neg Dec(certified by the City of Brentwood)is being adopted by the Board of Supervisors. Copies of the record of project approval and the Mitigated Negative Declaration or the final EIR may be examined at the office of the Contra Costa County Community Development Department. The City of Brentwood determined the project will not have a significant environmental effect, The Board of Supervisors is adopting the certified Mitigated Neg Dec. The Project will have a significant environmental effect. X) Mitigation measures were made a condition of approval of the project. A statement of overriding considerations was adopted. Findings were adopted pursuant to Section 15091 of the State CEQA Guidelines. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish and Game Fees Due Contra Costa County Public Works Dept. EIR-$850 Total Due: $ 255 Glacier Drive Neg. Dec. - $1,250 Total Paid $ Martinez, CA 94553 DeMinimis Findings-$0 Attn: Trina Torres County Clerk-$50 Receipt G:\GrpData\Eng$vc\ENVIRO\RealProp\DA30C-Sub 8453 Easements(Access-irrigation-Sewer)\NOD.doc i PLANNING COMMISSION RESOLUTION NO. 01-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD RECOMMENDING THAT THE CITY COUNCIL AMEND PD-26 BY ADDING DEVELOPMENT STANDARDS TO PLANNING AREAS 'I AND 2, APPROVE TENTATIVESUBDIVISION MAP NO. 8453, INCLUDING WITHOUT LIMITATION THE ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR THE SUBDIVISION OF 29 ACRES INTO A TOTAL OF 53 LOTS LOCATED EAST OF FAIRVIEW AVENUE AND NORTH OF MINNESOTA AVENUE (APN 019-070-001, 019-070-005, AND 019- 070-008). WHEREAS, the Planning Commission of the City of Brentwood has considered the amendment to PD-26, and the proposed Tentative Subdivision Map No. 8453 with the Mitigated Declaration filed in accordance with Chapter 16,040 et seq. of the Brentwood Municipal Code; and WHEREAS, prpject information was referred to various public utility companies, public districts and pertinent departments for review and recommendations; and WHEREAS, an Initial Study and Negative Declaration has been prepared for this project in accordance with the California Environmental Quality Act (CEQA) and is considered as a part of this review and approval process; and WHEREAS, the Negative Declaration identifies potentially significant environmental effects associated with the proposed project which can be feasibly mitigated or avoided and these project measures are included in the project conditions of approval and will reduce the impacts identified to a less than significant level; and WHEREAS, a`Notice of Public Hearing was distributed to all property owners of record within 300 feet of the project and published in the Ledger-Dispatch on May 16, 2001, in accordance with City policies and Government Code 65090; and WHEREAS, the Planning Commission has considered the staff report, Negative Declaration, supporting documents, public testimony and all appropriate information that has been submitted with the proposed tentative map and makes the following findings. 1. The proposed tentative subdivision map is in conformance with the City General Plan and Zoning Ordinance; 2. The site is physically suitable for the type and the density of development proposed; 3. The design of the subdivision� is not likely to cause serious public health problems; and 4. The discharge of waste from the proposed subdivision will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. 5. The proposed PD-26 amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act, Page 1 of 7 6. Pursuant to Section 15168 1 c ; and 1,5162 of the CEQA Guidelines, the Planning Commission finds that the project is within the scope of the development levels evaluated in the Program El prepared for the 1993 City of Brentwood Genera! Plan. The Initial study has further evaluated potential project specific impact to the environment. Based upon this evidence and the Mitigated Negative Declaration, this Planning Commission finds that the project will not have any significant environmental impacts that were not studied in the measures specified in the Program EIR to the project and imposed additional mitigation measures to supplement and strengthen the Program EIR measures. Therefore, since the mitigation measures are incorporated as conditions to the approval of the project, the Mitigated Negative Declaration as well as the Program EIR for the 1993 General Plan are adequate for all approvals relating to the project, 7. The Planning Commission further finds that no significant new information within the meaning of the Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5 has been presented to the City which would necessitate recirculation of the Mitigated Negative Declaration for further public review. 8. On the basis of the whole record before it, there is no substantial evidence that this project will have a significant effect on the environment, and the Mitigated Negative Declaration reflects the Planning Commission's independent judgement and analysis. NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Brentwood hereby takes the following action: 1. Adopts the mitigated Negative Declaration prepared for this project. 2. Directs City staff to file the Notice of Determination with the County Clerk. 3. Recommends that the City Council amend PD-26 by adding development standards for Planning Areas 1 and 2 as shown on Exhibit "B" 4. Approves Tentative Subdivision Map No. 8453 effective only upon the date the applicant's proposed amendment to PD-26 is effective, subject to those conditions in Exhibit "A" attached to and made a part of this resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED that this tentative subdivision map is valid for two years and will expire on June 5, 2003, unless a final map is recorded prior to that date, or a written extension is requested by the applicant and approved by the Planning Commission prior to the expiration date. Pace 2 of 7 PASSED by the Planning Commission of the City of Brentwood on June 5, 2001, by the following vote: AYES: Chairman Shipley and Commissioners Brockman, Mosser and Padgett NOES: None ABSENT: Commissioner Kerchner ABSTAIN: None APPROVED: Rayey Plan 4ng Commissio ahairman ATTEST: Mitch Oshinsky Community Development Dtr6ctor Page 3 of 7 EXHIBIT A PLANNING COMMISSION RESOLUTION NO. 01-47 CONDITIONS OF APPROVAL TENTATIVE SUBDIVISION MAP 8453 1. The Standard Conditions of Approval for Tentative Maps, dated January 2001, are hereby incorporated by reference and shall be complied with by the Developer, unless modified by any of the conditions below. 2. The final map shall be substantially the same as the tentative subdivision reap prepared by Carlson, Barbee & Gibson, Inc., date stamped March 15, 2001, and identifed as "Alternative B" , 3. Developer shall submit a sound study to the City for review and approval. Developer shall attenuate any current or future noise impacts due to ultimate traffic projections for Lone Tree Way; Fairview Avenue and Minnesota Avenue and/or the Union .Pacific Railroad tracks. Said sound study shall be completed and any recommended mitigation measures shall be incorporated into the design of this project prior to approval of the Final Map. 4. Developer shall design and construct medians in "A" Street to the satisfaction of the City Engineer. Design of the medians shall incorporate a low 36"± entry wall/monument acceptable to the City Engineer. 5. The Final Map shall not be recorded until the City Council has reviewed and approved the Development Standards for Planning Areas 1 and 2 of Planned .Development No. 26. 6. The developer shall design and construct a 6' sound wall and related Fairview Avenue landscaping improvements along their Fairview Avenue frontage. Landscaping improvements shall be a minimum of fifteen (15) feet in front of this soundwall. These improvements shall be approved by the Planning Commission as part of the design review process. 7. Prior to approval of improvement plans, developer shall obtain all appropriate approvals for any work within the EBMUD right-of-way. 8. The developer shat provide traffic signal preemption system (Opticom) for the proposed signal light at Fairview Avenue/Minnesota Avenue. 9. Developer shall construct a trail from the EBMUD right-of-way north along the ECCID easement, through Parcel A, to the approval of the Director of Parks and Recreation. This trail will be fee creditable. 10. Developer shall construct a 25 foot wide landscape area, including a trail along the north side of Minnesota Avenue within the EBM�JD right-of-way from the Heritage Park Trail Crossing, east to the railroad tracks. This g Page 4 of 7 ............................................................................................................................................................................................................................................................................................................................ ............................................................................................................................................................................................................................................................................................................................ improvement is not reimbursable. 11. Developer shall construct Fairview Avenue eastside widening along the project frontage, per typical section shown on TSM dated March 6, 2001 , prior to issuance of first building permit (excluding model home permits). 12. Developer shall dedicate additional right-of-way for Fairview Avenue widening along the entire project frontage (APN 019-070-001, 019-070-005, 019-070- 006) on the first final map. 13. Fairview Avenue shall be widened to sufficient width at its intersection with „A>, Street to provide left turn movements to the satisfaction of the City Engineer. 14. The "G" Street connection between this TSM and Minnesota Avenue shall be subject to East Bay Municipal Utility District (EBMUD) approval. If , not approved by EBMUD, developer shall redesign the TSM to provide 'two public access streets to this subdivision to the satisfaction of the City Engineer, Police Department and Fire District. 15. Developer shall install traffic signal interconnect conduit with pertinent structures along the entire project frontage on Fairview Avenue (APN 019- 070-001, 019-070-005, 019-070-006) to the satisfaction of the City Engineer. 16. Developer shall pay the Habitat Conservation Fee prior to issuance of building permits. This fee shall be as established by City Council. 17. Developer shall dedicate Parcel "A" to the City on the final map. Maintenance of Parcel "A" improvements shall be included into the LLD for this subdivision. 18. The street connection between Fairview Avenue and Minnesota Avenue through this subdivision's °A" Street, "C" Street and "G" Street shall be constructed and operational prior to issuance of I" building permit. 19. Existing PG&E access easement across lots 24 through 30 of this TSM shall be processed for quitclaim and recorded in County Recorder's Office prior to final map approval. 20. As required, Developer shall improve their fair share of DA 30C detention basin area to the satisfaction of the Contra Costa County Flood Control and Water Conservation District and the City of Brentwood. 21. Developer shall reconstruct/overlay existing pavement on Fairview Avenue from Minnesota Avenue to Lone Tree Way to the satisfaction of the City Engineer prior to issuance of 1s' building permit. Developer's .financial responsibility for these improvements is along the project frontage and equivalent to 2 inch as overlay on off-site portion. Cost of any additional improvements in excess of 2 inch overlay for off-site portion will be fee creditable as determined by City Engineer. 22. Developer shall design and construct traffic calming measures along Fairview Page 5 of 7 Avenue to the satisfaction of the City Engineer prior to approval of improvement plans. 23. Developer shall secure and dedicate to the City, 15-foot wide proposed sanitary sewer easement, as shown on sheet 2 of TSM, prior to final map approval. if developer is not successful in securing this easement, then developer shall redesign the sewer system to the satisfaction of the City Engineer prior to any final map or improvement plan approval. 24. Developer shall design the storm drain system to the satisfaction of the Contra Costa County Flood Control and Water Conservation: District and the City Engineer. 25. Developer shall extend water, sewer, and storm drain systems westerly along "A" Street.to westerly outside edge of pavement on Fairview Avenue to the _ satisfaction of the City Engineer. 26. Developer shall relinquish abutters access rights to the City along Fairview Avenue on the final map. 27. At the time of recordation of the final map, the developer shall comply with any City agricultural preservation program in order to mitigate the potentially significant impact of the proposed project on the loss of Prime Farmland. 28. Developer shall work with Contra Costa County Flood Control and Water Conservation District and the City of Brentwood to develop the trails both north and west along the proposed detention basin to Fairview Avenue to the satisfaction of the Director of Parks and Recreation. These trails will be fee creditable. 29. Developer shall request the formation of Habitat Conservation Maintenance District prior to the recordation of final map. Annual assessment shall initially be set at $50.00 per lot. 30. Developer shall notify all purchasers of homes or lots of the proximity of the Contra Costa County Flood Control detention basin located to the north of this project. The wording and format for notifying home buyers of this information is subject to approval by the Community Development Director. Page 6 of 7 NEGATIVE DECLARATION The City of Brentwood, California, does hereby prepare, make, declare, and publish this Negative Declaration for the following described project: Tentative Subdivision Map to subdivide 28.94 acres into 53 single family lots. Planned Development Amendment of PD-26 to establish the development standards for Plarruung Area Nos. 1 and 2. The City of Brentwood has reviewed the proposed project and has determined that the project,with mitigation measures, as identified in the attached Initial Study, will not have a significant effect on the environment. An Environmental Impact Report is not required pursuant to the Environmental Quality Act of 1970 (Sections 21000, et seq., Public Resources Code of the State of California). This Negative Declaration has been prepared pursuant to Title 14, Section 15070 of the California Code of Regulations. A copy of this document and all supportive documentation may be reviewed or obtained at the Cin, of Brentwood, Community Development Departnlent, 104 Oak Street, Brentwood, California 94513. City of Brentwood By: J Debbie Hill Assistant Planner K CITE' OF BRENTWOOD COMMUNITY DEVELOPMENT DEPARTMENT TENTATIVE SUBDIVSION MAP 8453 ZONNC AMENDMENT TO PD-26 INITIAL STUDY AND NEGATIVE DECLARATION MAY, 2001 slay 17, 2001 � , � TABLE OF � ~'°^`T~.`.~ , , � � T. ]� '''`''�'-.'''''''''.'''''''.''''''~'''''�''^.^'''''''''''''''--''''—''''''''�''''� � ~ Tl. Sources..................................... .�................,.......... ....4 , � TT}. Envi-ToDmezta} Factors Potentially Affected........................................... ....�_'_4 � � � � IV. Determination ' _ — - — '— — ' .'—�5 ..��.......� .......�.. ..�.� ..��. �.�......�...��' -. ..... '..� . V. Background and Introduction..............-........ ........................................... — 6�.�....�..�....—... � V], Project D ' .'.'-.'''''—'~''.''''''''''..'`.-'.''.''''.'''.............. ''''''''-6 --- \7T . Environmental ChcukliS1......—...—....................... '...... ....... D � , , ` , , ~ � � , , ` ` � � Ala} 17, 2DD1 .INITL4L STUDY 1. BAC:KGROUNP 1. Project Title: Sterling Presenle Subdivision# 8453 2. Lead Agency Name and Address: City of Brentwood Community Development Department 104 Oak Street Brentwood, CA 94513 3. Contact Person and Phone Number: Debbie dill 925.516.5445 4. Project Location: Southeast corner of Fairview Avenue and Lone Tree Way City of Brentwood Contra Costa County 5. Project Sponsor's Name and Address: Hilde Harper-Chan Meritage Homes of Northern. California. 2300 Contra Costa Boulevard #540 Pleasant Full, CA 94523 6. General Plan Designation: SPA "i" 7. Zoning: PD-26, PA-1 and 2 $. Project Description Summary: The proposed project consists of the following requested entitlements: Tentative Subdivision .Map to subdivide 28.94 acres into 53 single fantily lots. Planned Development Amendment of PD-26 to establish the development standards far Planning Area Nos. 1 and 2. May 17. 2001 zitiai Study II. SOURCES The following documents are referenced information sources utilized by this analysis: 1. City of Brentwood General Plan 1993-2010; City of Brentwood, June 1993; 2. City of Brentwood General Plan.SIR, City of Brentwood Cornmunity Development Department, July 1993; 3. Initial Study and Negative Declaration for the Sand Creek Road Extension, City of Brentwood,April 2000; 4. Negative Declaration SPA "L" Rezone 95-1, Cit; of Brentwood, Nov. 1995 S. Archaeological Resources Assessment, Tachella Property, 13.15 Alfinnesota Avenue, Basin Research Associates, May 2000; 6. Letter dated October 9, 2000, California Historical Resources Information System 7. Tachella Residential Development, Environmental Noise Assessment, Illingworth & Rodkin, Inc., January, 2001; f. Geotechnical Investigation Report Proposed Sanchez Project, October 9, 2000, KJeinfelder. 9. Soil Survey of Contra Costa County, U.S. Department of Agriculture Soils Conservation Service, September 1977. III. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The enviroimental checklist on the following pages discusses all the environmental factors required by the California Enviroranental Quality Act. To summarize the checklist determinations, the environmental factors checked below would potentially) be affected by this project, involving at least one impact that is a "Potentially Significant Impact", which is reduced to a less-than-significant level through mitigation. Mx Aesthetics Fx1 Agriculture O Air{duality M Biological Resources 11 Cultural Resources '1x`7, Geology/Soils 22, Hazards&.Hazardous E HydrologyAVater Quality 0 Land Use& Planning :Materials 17 Energy & Mineral ! Noise 0 Population & Housing Resources 0 Public Services G Recreation Cl Transportation & Circulation 27 Utilities/Service systems D Mandatory Findings of Significance w 4 May 17, 2001 Initial Study IV. DETERMINATION On the basis of this initial study: ❑ I find that the Proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 7 I find that although the Proposed Project could have a significant effect on the enviroru-nent, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. 1 find that the Proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" on the envirom-hent, but at least one effect 1) has been adequately analysed 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 analyse only the effects that remain to be addressed. ❑ 1 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 pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 41 Signature Date r Printed Name For ! A41 i,17, 2001 Initial Study V. BACKGROUND AND INTRODUCTION This Initial Study provides an environmental analysis pursuant to the California Environmental Quality Act (CEQA) of 1970, as amended, for the proposed Sanchez Property, Sterling Preserve, Subdivision 48453 (proposed project). The project site consists of two parcels and a portion of another parcel totaling 28.94 acres (Assessor's Parcel Nos. 019070-005, 019-070-006, and a portion of 019-070-001), located within the incorporated cite limits of the City of Brentwood. These parcels are currentl- owned by three separate property owners and are being proposed for development by Meritage Homes. Figure 1 illustrates the project's location within the general Brentwood vicinity. The project is generally located north of Minnesota Avenue, east of Fairview Avenue and west of the Union Pacific Railroad tracks. The area surrounding the project site is both developed and undeveloped. The approved Kiper (Subdivision 48176) single-family development exists to the south, To the east is the PG&E substation and further east across the Union Pacific Railroad tracks is vacant land and single family residential uses, west across Fairview Avenue are existing single-family residences. Immediately adjacent the proposed project to the north is a future detention basin for Contra Costa County Flood Control. The proposed project is compatible with the surrounding existing and proposed single-family subdivisions. The City of Brentwood general Plan designates the land use for the project site as Special Planning Area (SPA) "L" which designates the project site for a maximum density 0, hree units per acre. The project site currently is zoned Planned Development (PD) 26, Planning Area Nos. 1 and 2, which allows for the development of single-family units and a church. Planning Area l dunes a minimum lot size of 10,000 square feet. SPA "L" originally had a maximum yield of 36 total units on the project site. Subsequent reallocation of units within SPA "L"has resulted in a maximum yield of 53 units on the project site. The proposed project site is relatively flat; ranging in elevation from 86 to 98 feet with an average slope of less than one percent. The site is primarily undeveloped, A portion of the site currently contains a single family residence and related outbuildings. The majority of the site is covered with weeds and grasses. VI. PROJECT DESCRIPTION The Applicant/Developer has filed a Tentative Subdivision Map (Subdivision 48453) to subdivide the site into 53 single-family lots. The lots it�chide a mix in size ranging froxr, 14,250 square feet to 27,191 square feet, with an average lot size of 17,217 square feet. The proposed project consists of 53 lots intended for single-family dwelling units on 28.94 acres which would result in a density of 0.55 dwelling units per acre, w=hich is below= the density range allowed under the Special Planning Area "L" Guidelines. 6 Ma- 17, 2001 Initial Study Vehicle access to the project site is proposed via two points; Minnesota Avenue and Fairview Avenue. The primary roadway is the east/west road ("A" Street on the Tentative Map), which is accessed off Fairview Avenue, and which intersects with C Street to provide access to the secondary access point off of Minnesota Avenue. None of the proposed lots front-on to Fairview Avenue. The applicant is requesting an amendment to PD 26 in order to establish the development standards for Planning Area Nos. 1 and 2. The proposed development standards for these areas are as follows: Authority, Purpose and Intent The authority, purpose and intent for the adoption of development standards for PA-1 .and PA-2 are as follows: A. Authori ,. PA-1 and PA-2 were created through the implementation of the PD-26 (Planned Development 26) zone pursuant to the authority set forth in the "Brentwood Municipal Code" Chapter 14.450, entitled "Planning Development Zones - General Regulations." B. Purpose. The purpose of PA-1 and PA-2 is to pen-nit the regulate development standards within the PA-1 and PA-2 area in Special Plamaing Area(SPA) "L" C. Intent. In order to achieve the purpose of the PD-26 Zone in implementing the development of single family housing, development standards shall consist of single family detached housing and open space uses. Permitted Uses The entirety of uses as defined within Section 17.476.002 of the Brentwood Municipal Code shall be permitted within PA-1 and PA-2. Conditionally Permitted Uses The entirety of uses as defined within Section 17.476.003 of the Brentwood Municipal Code shall be permitted within PA-1 and PA-2. Permitted Accessory Uses and Structures The entirety of uses as defined within Section 17.476.004 of the Brentwood Municipal Code shall be permitted within PA-1 and PA-2. Residential Densities In no case shall residential densities or total permitted uses exceed the numbers shown in Tentative Subdivision Map 8453. Regulations for Lot Area, Yards, Structure Height and Other Regulations for Development A. Lot Requirements 1. Minimum Lot Area The minimum lot area shall be 15,000 square feet. 7 May 17, 2001 initial Study L Minimum Lot Width The minimum lot width shall be one hundred (100) feet as measured from the front building lane. 3. Minimum Street Frontage The minimum street frontage shall be one hundred (100) feet, except that the mi-nimum street frontage on culdesacs shall be fifty-nine (59) feet. 4. Minimum Front Yard Setback The standard building setback shall be a minimum of twelve (12) feet with an average overall setback of fifteen (15) feet. Front facing garages shall be setback a minimun, of twenty (20) feet, Thirty (30)percent or more of the setbacks must randomly deviate from the average overall setback. 5. Fairview Avenue Front Yard Setback The Fairview Avenue standard front yard setbacks shall be a minimum of twenty (20) feet, Front facing garages shall be setback a minimum of twenty-five(25) feet. 6. Driveways Homes shall have a concrete driveway that provides access to the garage for a minimum distance of twenty (20) feet behind sidewalk. Lots fronting Fairview Avenue shall be designed with driveways that do not require backing onto Fairview Avenue. 7. Minimum Side Yard Setbacks Side yard setbacks shall be a minimum of fifteen (15) feet aggregate, with five (5) feet as a minimum (as measured from the property line to the building foundation at the front and rear setback lines). Corner lots shall maintain a minimum side yard setback on the street side often (10) feet. & Fairview Avenue Side Yard Setbacks For lots on Fairview Avenue, the side yard setback shall be twenty-five (25) feet aggregate, with nine (9) feet as a minimum, Rear, yard garages may be located within the side yard up to a five (5) foot setback. Comer lots shall maintain a minimum side yard on the street side of ten (10) feet. 9. Minimum Rear Yard Setbacks The rear yard setback for lots shall be a minimum of twenty (20) feet with an avera4ge overall setback of at least twenty-five (25) feet (as measured from the property line to the building foundation). 10. Fairview Avenue Rear Yard Setbacks For lots on Fairview Avenue, the rear yard setback shall be a minimum of twenty (20) feet. Rear yard garages may be located within the rear yard up to a five (5) foot setbacl.. 11. Pro}ec6ons into Setback Areas Architectural features such as cornices, eaves, bay windows, fireplaces, porches and. fences/gates (as an architectural extension of the house) may project into any required setback, as per the City of Brentwood Municipal Cade 17.660, except that in no circun-istance shall any portion of the house be less than ten (10) feet from the property line, 12. Building Height The maximum building height for all structures shall not exceed thirty (3 01 feet. 13. Side i.aaded Garages A minimum of ten (10) percent of the lots shall have side entry garages. Initial Study 14. Sinale�Houses Fifty (50) percent of the corner lots and fifty (50) percent of the lots baciciz�g up to or siding onto city arterial streets shall Dave single-story houses on them. Two-thirds of the lots on Fairview Avenue shall have single-story houses on them. Four-way intersections shall have a minimum of two single-story houses on them. 15. Design Five. (5) floor plans with three (3) elevations per plan shall be developed for the fifty- three (53) lots within this subdivision, with no one plan being utilized more than twenty- five (25) percent of the time. All homes shall be constructed with post tension slabs or structural slabs. if there is no porch, a seven (7) inch transition step up onto a landing with a minimum horizontal distance of three (3) feet form the front doer is to be provided. The express purpose is to create a raised entry area to the home and to visually "finish" any exposed foundation. All second story windows visible from arterial streets shall have mullions or grids. B. Landscaping and Lighting Standards 1. Lighting and landscaping for PA-1 and PA-2 shall conform to the standards of 17.476.010 C and 17.476.011, or as modified through the design review process. 2. Homes shall have a back lighted illuminated house number. 3. One street tree shall be provided for each lot within this subdivision;.. Each lot abutting Fairview Avenue shall be developed with a minimum of two (2) 24" boxed trees along the frontage of Fairview Avenue. On corner lots, street trees shall be provided on thirty (30) foot intervals within the side street mow strip or parkway. Street trees shall be: a)a species selected from the Brentwood Master Tree List, b) a minimum of fifteen (15) gallon in size and c) planted with branches above the average human eye level. The trees selected shall be deep rooted and drought resistant. Location and species of trees shall be approved by the City's Landscape Architect. 4. Any proposed monument signs at the entrance of the subdivision shall have obtained building permits to the satisfaction of the City's Cornmunity Development Department and Traffic Engineer with regards to street distance issues. 5. CC&R.'s, if any, shall preclude the parking of boats, trailers and recreational vehicles on public rights-of-way or between a building and a street in the front setback area or in the side yard of the street side setback on corner lots. C. Other Regulations 1. Off street parking shall be provided in accordance with Section 17.620. 2. The parking and storage of goats, trailers and similar vehicles and equipnteznt shall be subject to the provisions of Section 17.620.016. 3. Accessory buildings and structures will be permitted pursuant to the provisions of Chapter 17.660. 4. All residential units shall be provided with sectional garage doors with automatic openers. 9 MaY 17, 20,01 Initial Study Code Sections The following sections of the Brentwood Municipal Code as created by PD-26 are incorporated as development standards for PA-1 and PA-2; and 17.476.0108 through 17.476.011, inclusive. Discretionary Actions Implementation of the proposed project will require the following discretionary actions by the City of Brentwood Plamaing Commission and City Council: • Approval of the Tentative Subdivision Map (Subdivision 98453) subdividing 28.94 acres into 53 single family lots. • Zoning Amendment to Planned Development 26 (Rezone #95-01) in order to establish the development standards for Planning Areas 1 and 2. VII. ENVIRONMENTAL CHECKLIST The following Checklist contains the environmental checklist form presented in Appendix G of the CEQA Guidelines. The checklist form is used to describe the impacts of the proposed project. A discussion follows each environme-ntal issue identified in the checklist, Included in each discussion are project-specific mitigation measures recommended as appropriate as part of the proposed project. For this checklist, the following designations are used: Potentially Significant Impact: An impact that could be significant, and for urhich no mitigation has been identified. If any potentially significant impacts are identified, an EIR must be prepared. Potentially Significant With Mitigation Incorporated: An impact that requires mitigation to reduce the impact to a less-than-significant level. Less-Than-Significant Impact: Any impact that would not be considered significant under CEQA relative to existing standards. No Impact: The project would not have any impact. i.SSueS PoteneiaPy Potentially, Less�Thpn- No Significant Signifscaet Significant Impact Lrigaw With Impact Mitigation Incorporated I. AESTHETICS. ff,'ould the P7-Oject: 10 May 17, 2001 Initial Study Issues Potentially Potentially Less-Tlua- No Significant Significant Significant impact Impart With Impact Mitigation Incorporated a. Have a substantial adverse effect on a scenic rl M vista? b. Substantially damage scenic resources, 0 17 including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? d. Create a new source of substantial light or M glare which would adversely affect day or nighttime views in the area? Discussion a.,b. The proposed project is not within an. area designated as a scenic vista nor does it include any significant scenic resources. Although the project site is relatively flat, Brentwood is surrounded by the coastal range, including views of Mount Diablo. The City of Brentwood has recognized views of Mount Diablo as an important visual resource. Because the proposed development would be located in a flat area of Brentwood and includes single and two story houses, the view of Mount Diablo would not be blocked. Therefore, a less-than- sigrxift anf impact would occur. c. The development of the project site would change the existing visual setting from vacant and agricultural land to residential uses. The proposed development is considered compatible with ether residential uses found throughout the City of Brentwood. The proposed change in use for the project site from vacant to single family homes would be consistent with the City of Brentwood General Plan and would be compatible with the pattern of development occurring in the general area of the project site. In addition, the development of the single family holes requires Planning Commission Design Review which will ensure compatibility of the development with the surrounding area. Although the proposed project would change the existing visual setting, the impact would be considered less-than- sigrr i�caraf. d. Portions of the project site are vacant. Development of the project site with single-family detached residential use would represent a major transformation of the existing visual environment from its present rural appearance. As a vacant site, no light or glare is emitted. The change from vacant to a residential subdivision would generate new sources of light and potential glare. The City of Brentwood has selected street lights for the area which are of a residential scale in height and are designed to reduce glare. The use of the standard City of Brentwood street lighting would reduce the impact; however, the increase in light and glare associated with the development would be considered a potentially significant impact. 1 h flay 17, 2001 Initial Study MitlSation Measures Implementation of the following .mitigation measures would mitigate potential irpacts related to light and glare to a less-than-sign cant level. In conjunction with development of the proposed project, the ApplicantlDeveloper shall shield all on-site lighting so that it is directed within the project site and does not illuminate adiacent properties. 4 Street Lighting Plan shall' be is�rproved by the Engineering Department in conjunction with approval of the Improvement Plans. The shielded light fixtures shall be reviewed and approved by the Comn7unity Development Department prior to issuance of building permits. 1-2. Sound walls shall be aesthetically designed for consistency with the proposed development. Walls may be constructed 017 top of or partially obscured behind bern7s of variable height to reduce visual monotony. Trees, shrubs, andlor vines shall be planted along the walls to soften surfaces and deter the potential for graffzti. Street trees shall also be planted in landscaped buffers to create visual relief and interest against expanses of hardscape. The sound wall location and design shall be reviewed and approved by the Planning Cammission and Comn7unity Development Department prior to the issuance of building permits, Issues Potentially Pattntially Less-Thnn- No significant Signific2ni Significant impact latpant Mrij it;rpact Miligation inco!parated Il. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site.4ssessment Model (1977)prepared by the California Dept. ref Conservation as an optional model to use in assessing impacts on agriculture and farmland. TVould the project: a. Convert Prime Farmland, Unique Farmland, © rxZ C �' or Farmland of Statewide Importance (Farmland), as shown on the,naps prepared pursuant to the Farmland Mapping Program of the California Resources Agency, to non- agricultural use? b. Conflict with existing zoning for agricultural M use, or a Williamson Act contract? 12 May 17, 2001 Initial Study Issues Poteniiahy Potentially Less-Tama- Nc Significant sipifieant Significant Impact Impact With Impact Mitigation Incorporated C. Involve other changes in the existing ® M M environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland to non-agricultural use? Discussion a. The soils underlying the proposed project have been classified as a Class 2 Prime Agricultural Soils (General Plan EIR., Figure 10). Figure I l of the General Plan I IR notes that the site soils are considered "prime farmland." The City of Brentwood General Plan includes agricultural preservation policies in the Conservation/Open Space Element which describe potential agricultural preservation program components. The City of Brentwood General Flan, however, has designated the site for urban development, identifying the project area as Special Planning Area "L" for future single-family residential development. The Soil Survey of Contra Costa County shows soils of CaA (Capay Clay) with Grade 3 "Storie" rating, showing that the soils are fairly well suited for farming. The project site is located within an area which abuts an approved residential development. The site is bordered on the west side by an existing major roadway, Fairview Avenue, on the soul: by an intended major roadway and on the east by the Union Pacific Railroad tracks. Although development of the proposed project would result in the loss of vacant land and the potential of using that land for agricultural purposes; there would be little impact on restricting fanning on the properties surrounding the project site, Therefore, the impact on the conversion of prima farmland would be considered potentially sig nificalxt with mitigation incorporated. Mitigation Measure Implementation of the following mitigation measure would reduce the impact related to the conversion of prime farmland to less-than-significant. 11-3. At the time of recordation of the first final neap, the ApplicantlDeveloper shall comply with any City Council conservation programs established pursuant to general Plan Conservation Element Policy 1.1. in order to mitigate the potential significant impact of the proposed project on the loss of farmland. Theapplicant shall pay the current City fee of$1,000 per acre of lost farmland, or the fee in effect at the time.of recording the final ;<nap. b. The project site is not currently under Williamson Act contract. Therefore, development of the site with single farnily homes would result in no impact.. r I3 MrzJ 17, 2001 lnitzal Study c. The area is anticipated to convert from agricultural to residential use in accordance with the General Plan for the project site and as shown by the residential uses on the surrounding properties. The proposed project is surrounded by a major roadway and residential development to the west, a future major roadway and residential subdivision to the south, and the Union Pacific Railroad tracks to the east. There are no existing agricultural operations in the area which would be affected by the encroachment of urbanlsuburban development. The development of the proposed project would eliminate an), existing impacts associated with past agricultural operations (such as noise, dust, odors, pesticide usage, field trespassing, and crop theft) on the site and conflicts between agricultural uses and nevi, suburban residents seeking quality of life and protection of their real estate investments. The development of the proposed project would result in the development of residential uses which would be compatible with the surrounding residential land uses. The Soil Survey of Contra Costa County shows soils of CaA (Capay Clay) with Grade 3 "Storie" rating; showing that the soils are fairly well suited for farming. The development of the site would result in the loss of potential farmland, therefore, the impact would be considered poierxfiallj} sips cant, Mitigation Measure Implementation of the following mitigation measure would reduce the impact related to the loss of farmland to less-than-significant. II-4. Implement Mitigation Measure II-3, Issues Potentially poicnuslly Less-T;:ci;s- No significant Significant significant lxnpac+ impact With Impact Mitigation Incorporated .III. AIR QUALITY. H,7ierre available, the significance criteria established by the applicable air qualio)in.anagement or air pollution control district may be relied upon to make the following determinations. Would the protect: a. Conflict with or obstruct implementation of © D �' ❑ the applicable air quality plan? b. Violate any air quality standard or contribute D C ❑ substantially to an existing or projected air quality violation? C. Result in a cumulatively considerable net ❑ D U ❑ 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 Nvhich exceed quantitative thresholds for ozone precursors)? 14 A401) 17, 2010I initial Study Issues Potentially Aotenally Less-Than- No Significant Signi icam S'igniricat Lnpact Impact With ltnps,ct Mitigation hiconpomied d. Expose sensitive receptors to substantial pollutant concentrations? e. Create objectionable odors affecting a d rX1 substantial number of people? Discussion a. The City of Brentwood is part of the San Francisco Bay Area airshed, which is dominated by the strength and position of a semi-permanent, high-pressure center over the Pacific Ocean near Hawaii. The area is exposed to winds from both the east and west, and the terrain provides little protection from the wind. Air quality within the region is under the jurisdiction of the Bay Area Air Quality Management District (BAAQMD). The. District's closest meteorological monitoring stations are at Bethel Island and Pittsburg. At the Pittsburg station, the predominant wind is from the west with the secondary predominant wind from the south-southwest at 9.3 miles per hour, During the winter, the predominant wind is from the east-southeast, and during the summer the predominant wind is from the west. Predominant summer winds play a role in the distribution of ozone and ozone precursors. Several components of the airshed as measured at those stations exceed established Federal and State standards, including those for ozone and particulate matter of 10-micron diameter or less (PM-10). Although wind ventilation may reduce the concentration of atmospheric pollutants, Brentwood is susceptible to pollution transported from more heavily urbanized areas to the west. Warn: summer temperatures in the Brentwood area contribute to the formation of ozone from hydrocarbons and nitrogens oxides produced in Oakland and Berkeley. The proposed project would not conflict with the local Clean Air Plan adopted by the Bay Area Air Quality Management District to improve air quality in the region. The proposed project consists of the development of single family homes consistent with the general Plan. Although the development would increase the emissions, a less-than-sibn�fiicant impact would occur. b,d. The development of the project generally would contribute to cumulative ozone concentration increases. Construction-related air duality impacts would occur with development of future residential buildings and related infrastructure improver encs. Clearing and earth moving activities comprise the major source of construction dust emissions. Impacts would be due to dust generated by equipment and vehicles. Fugitive dust would be emitted both during construction activities and as a result of wind erosion over exposed earth surfaces. This would be considered a potentially si,rxifcanf impact. 1.J M9,�y 17, 2001 Initial. Study Mitigation Measure Implementation of the following mitigation measure would reduce the construction-related impact to a less-than-significant level. III-S. Prior to the issuance of_a grading permit, the Applicant/Developer shall prepare an Erosion Prevention and Dust Control flan. The plan shall be followed by the prgject's grading contractor and submitted to the Public Works Department, which will be responsible for field verification of the plan during construction. The plan shall comply with the City's grading ordinance and shall include the following control measures and other measures deemed by the Public Works Department to be necessary for the proposed protect: u. A graveled track at project entryways to remove mud and dirt froin vehicles leaving the site shall be provided. w b. Vater (or an acceptable soil binder chemical) shall be applied to all disturbed earth sur faces ("including earth roads and sail stockpiles). Surface material shall be sufficienrt)) watered to prevent excessive amounts of dust. Watering shall occur twice per day with complete coverage;preferably in the late morning and at the completion of Work.for the day. C. Permanent soil stabilization measures shall be implemented throughout each phase of construction prior to commencement of grading on successive phases. d All clearing grading, earthn7oving, and excavation shall stop during periods of high winds greater than 20 mph over one hour. e. All material transported off-site shall either- be sufficiently watered or securely covered to prevent escape of'dust and debris. f On-site vehicle speed shall be limited to 15 mph. g. During rough grading and construction, adjacent public and private roads shall be s) vept once per dray, or as required by the Cit}), to remove silt and construction debris. h. Unnecessary idling of construction equipment shall be avoided. i. Equipment engines shall be maintained in proper working condition per manufacturers'specifications. j. During periods of heavier air pollution Olay to October), the construction period shall be lengthened to minimize the an7ount of equipment operating at one time. c. During its fornner and current agricultural use, pollutant generation from tine project site car: be considered as leaving been variable and sporadic depending on the intensity and t�lpe of activities occurring. On-site emissions associated with current .and past agricultural uses could have included combustion products from burning of agricultural waste and operation of agricultural equipment, particulate matter- from tilling, and the evaporation of hydrocarbons from pesticide application. The reduction or please-out of agricultural uses in 16 MaY 17, 2001 Initial Study the area actually may reduce the overall total suspended particulates generated in the area during cultivation operations. However, the proposed project would add new traffic trips within the project area. The amount of traffic to be added to the local roadway system and the associated amounts of air emissions has been anticipated in the Brentwood General flan and the impacts analyzed in the General flan EIR. Direct air quality impacts from residential development of the project site result from emissions released on-site from stationary sources which include space and water heating equipment, fireplaces, barbecues, paints and solvents, lawnmowers, and volatile consumer products. Mobile sources of emissions would be generated by automobiles and small truck traffic accessing the new development which would result in emissions increases affecting both local and regional air quality. The local effect would be increased carbon monoxide, reactive organic gasses, nitrogen oxide, sulfur dioxide, and particulate matter (PM-10) levels along roadways used by the project traffic. M The General Plan EIR found that long-term regional air pollutant emissions would be significant and full mitigation of tris impact is not considered feasible. A Statement of Overriding Considerations (City of Brentwood Resolution No. 93-53) identified air quality impacts as significant. Therefore, based on this previous action, cumulative air quality impacts are considered to be less-than-si nificant and no further analysis is required. e. The project would not include industrial or intensive agricultural use; therefore, the project would not create odors or toxic air contaminants.Aro impact would occur. Issues Potentially Polemially Lass.7110o- Na Significant significant Significant Impact Impact With Ifopact Mitigation Incotpornted IV. BIOLOGICAL RESOURCES. R'ould the pr( ect: a. Have a substantial adverse effect, either directly or © 0 71 M 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? b. Have a substantial adverse effect on any riparian © M 117 M habitat or other sensitive natural community I dentified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 17 May 17, 2001 zritial Study 1ssucs Pcxtntialiy Pottnaialiy i..css-Thate- Na Significant significant sigpificant Impact I;npact With impact Mitigation incospotawl c. Have a substantial adverse effect on federally n O a 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? d, interfere substantially with the movement of any C nXi resident or migratory fish or wildlife species or with established resident or :-migratory wildlife corridors, or impede the use of wildlife nursery sites? e. Conflict with any local policies or ordinances © C C3 C protecting biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Pian,Natural Conservation Community Plan, or other approved local; regional, or state habitat conservation plan? Discussion a,b c. A biological resources study has not been conducted for the project site; however, the protect site has been actively cultivated for many decades. Although open: and not urbanized., the intensive cultivation has eliminated most native plantings and much of the cover and forage for wildlife. Aside from the cultivated crops, vegetation on the site consists prirnarily of introduced annual grasses and fortis, and ornamental landscape plantings around the existing homesite. State or Federal listed threatened or endangered species are not known to occur in the proiect area. Four rare plaint species, the California Hibiscus, Capa-fruited Tropidocarpurn., Diamond-petaled California poppy, and the Contra Costa Goldfields have been identified in the vicinity. Four animals considered rare or of special concern (the Black Shouldered Kike, the Burrowing Owl, the San ioaquin Kit fox, and the Giant Garter Snake) are knol�,n to occur in the greater Brentwood area. The Initial Study/Negative Declaration for the Sand Creek Road Extension identified that essential habitat for special-status species is generally absent along the proposed alignrixent. Concern was raised regarding construction of the roadway along. Marsh and Sand Creep channels. The Initial Study/Mitigation lvegative Declaration for the SPA ' ' Rezone 95-1, also focuses the biological discussion on the areas around the creek channels. The proposed I Allay 17; 2001 Initial Study site is not adjacent to these creek channels. In addition to the lack of habitat identified on the site, the site is surrounded on tluee sides by development which creates a lack of habitat connectivity. This further decreases the likelihood that the project site is viable habitat for special status species. Therefore, no impact would occur. d. The project site does not support a wildlife corridor and does not contain any water courses that would support migratory fish. Therefore, the development of the project site would result in no impact. e. The development of the project site is not guided by any specific ordinances protecting biological resources. Therefore, the development of the project site would result in no inxpact. f. The Citi? of Brentwood General flan has several areas which are designated as areas of expected significant natural open space and an expected Habitat Conservation Plan. The _- project site is not located within any of these areas. Therefore, no inipact would occur. Issues Polemiai}y Potentially Less-Their- NC 5ignificwt significatrt significant impact Impact With impact Mitigation Incorporated Nr. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the ❑ ❑ ❑ M significance of a historical resource as defined in Section 15064.5? b. Cause a substantial adverse change in the ❑ ❑ significance. of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly destroy a unique ❑ ❑ ❑ o paleontological resource onsite or unique geologic features? d. Disturb any human remains, including those ❑ ❑ ❑ M interred outside of formal cemeteries. Discussion a. The construction of the proposed project would require the existing structures on the site to be demolished. An archaeolozical resource assessment was conducted on May 4, 2000, by Basin Research .Associates. . The archaeological resource assessment states that no local, state or federal historically or architecturally significant structures, landn-arks, or points of interest have been identified within the project. Therefore, 710 irnpact Nvould occur to historical resources. 19 � t Initial Study b. The general area of the project site is classified as "highly sensitive" for archaeological resources. Nevertheless, prehistoric, ethnographic settlements, traditional Native American use areas, or Hispanic Period or American Period archaeological resources have been not recorded or identified in, adjacent, or near the project area. However, during construction and excavation activities, unidentified archaeological resources may be uncovered. This impact would be considered potentially sign(cant. Mitigation .Measure Implementation of the following mitigation measure would reduce the construction-related impact to a less-than-significant level. Tj d. Prior to issuance of'grading perinits, the Applicant/.Developer shall submit plans to the Community Development .Department for review and approval 14lich indicate (via notation on the improvement plans) that if historic andlor cultural resources are encountered during site grading or other site,t4;ork, all such work shall be halted immediately within the area of discovery (Mthin 25 feel of the find) and the Applicant/Developer shall inina.ediately notib� the Con7munity Development.Department of the discovery. In such case, the ApplicantlDeve/oper shall be required, at his expense, to retain the services of a qualified professional archaeologist for the purpose of recording, protecting or curating the discovery as appropriate. The archaeologist shall be required to submit to the Corminunity Development Department for review and approval a report of the findings and method of curation or protection of the resources. No further grading or site work within the area of discovery will be allowed until the preceding work has occurred. c. The project is not known to contain any unique paleontological resources or unique geologic features. Therefore, the construction of the proposed project would result in no ilrxpact�to these resources and features. d. The project site has not been identified as a burial location for human remains; therefore, the construction of the proposed project would not disturb any human remains, including those interred outside of formal cemeteries and no impact would occur. Issues Potential)), Pottntially Less-Than- No Significant significan! significnni hnpac! Impact With Imp= Mitigation lncorporatcd V1. GEOLOGY AND SOILS. 97ould the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or dead, involving: a 20 May 17, 2001 Initial Study Issues Potentially Potentially Less-ThFtn- No significant Significant Significant hPact impact With Impact Mitigation Incorporated i. Rupture of a known earthquake fault, D D as delineated on the most recent Alquist .. Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area based on other substantial evidence of a Imown fault? ii. Strong seismic ground shaking? 'D , D M iii. Seismic-related ground failure, D rx-1 D including liquefaction? iv. Landslides? D ® D b. Result in substantial soil erosion or the loss of D ❑ topsoil? C. Be located on a geologic unit or soil that is D 21 D D unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in ® 0 D Table 1 8-1B of the Uniform Building Code? e. Have soils incapable of adequately supporting D D D the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Discussion a,c. Brentwood is located along the northwestern margin of the San Joaquin Valley, with Mount Diablo to the west and Suisun Bay and the Sacramento/San Joaquin River Delta to the north. Brentwood lies on the border of two geomorphic provinces: the Coast Range and the Great Valley Province. Three faults have been identified within the Brentwood community. Tile Antioch-Davis fault transverses the western portion of the planning area, extending for approximately 18 miles in a north-south direction. This fault has been included within an Earthquake Zone under the auspices of the Alquist-Priolo Act. The Brentwood-Sherman Island fault trends in a north-south direction approximately two miles east of the Antioch- Davis fault. The Midland fault lies approximately two miles east of the Brentwood Planning Area. During a seismic event, rapid loading of saturated fine-grain soil may create excess pore pressure which may not dissipate rapidly. This excess pressure may result in a loss of shear strength, known as "liquefaction." Groundwater level in the Brentwood area is generally r May 1z 2001 Initial Study deeper than 50 feet, which results in a low potential for liquefaction, However, locally high water tables may exist where liquefaction could occur, typically alluvia; soils and sand dune areas. The potential damage from the activity would be minimal due to the project site location and the project proponent abiding with city and state building standards. However, the proposed project site may be subject to some seismic activity due to its location in the San Francisco Bay Area. The impact is, therefore,poten iall}t significant. Mitigation: Measures Implementation of the following mitigation measures would ensure the impacts are less- tl2ar�-sigr�i�cant. VI-7. Prior- to issuance of a grading permit, a final geologic and geotechnical - feasibilio) study shall be conducted by a certified engineer for the project site along with any reconiniendations and reniediations necessary to ensure proper grading- and construction design o,' public improvements and building foundations. All recommendations of the final Geotechnical Stud)) and Cit)) Engineer shall be incorporated into the grading plan as a condition of the project grading perinit and verified in the f eld by the City Engineer or his representative. VI-8i. Prior to the issuance of a grading permit for project development the Applicant/Developer shall submit a construction plan to the City Engineer for approval which reflects the recommendations of a final Geotechnical Study including construction procedures andlor design criteria. Construction plans subnsitted to the City Engineer shall comply with the City of Brentwood Engineering Design Standards and include specifications necessary to niininii-ze potential impacts resulting from soils conditions of the project site. The City Engineer or his representative shall verify in the field that all conditions have been satisfied. b. The proposed project does not result in any greater exposure of soil to potential erosion or loss of top soil. Soil is currently exposed on the project site, and past agricultural and weed abatement practices resulted in an increased soil loss. The development of new residential uses would cover much of the soil,thereby reducing the potential loss of soil. The project site is relatively level and a minimal amount of grading would be required to achieve the project objectives, however, during the limited period of construction, erosion of graded nYaterial off of the project site could occur, depositing, soils into nearby streets and onto nearby private properties. Potential site erosion could also have a negative secondary effect of degrading surface water quality by deposition of construction of debris and other material into Marsh and Sand Creeks. T1-ie grading of the project area during initial construction activity would be considered a potentially significant impact. r 2'2 May 17. 2001 Initial Study Miti ation Measures In-iplernentation of the following mitigation measures would ensure the impact is less-than- signifcant. YJ-9. Graded slopes shall be hydroseeded and landscaped prior to October 15 (or the date deemed appropriate by the City after October 15) of the year following rough grading. All slopes on-site shall be maintained in a vegetated state subsequent to project completion. VI--10, 1777plement Mitigation 11lfeasure TIII1-15 through V111-22; under Hydr-ology and Water Ouality. d. Capav clay, zero to two percent slopes, exhibits qualities of expansive soils. When buildings or streets are placed on expansive soils, foundations may rise each wet season and fall each dry season. Movements may vary under different parts of a building, or street, cracking foundations and street surfaces, distorting various structural portions of a building, and warping doors and windows so that they do not function properly. The location of structures on soils with high shrink-swell potential is therefore considered to represent a significant irnpact. The impacts associated with expansive soils would be potentially sign fcanf. l,Mitigation Measure Implementation of the following mitigation measure would reduce the construction-related impact to a less-than-significant level. VJ1-11. 1n:plement mitigation measures Vl-"and VI-8. e. The project has been designed to connect to existing sewer systems. Therefore, azo impact would occur related to soils incapable of adequately supporting the use of septic tanks, Issurs Potentially Potcntinlly Less-Than- NC signific,,int Significant sidnificam Impact Impact will) Impact Mitigation Incotwrated VII. HAZARDS AND HAZARDOUS MATERIALS. TfJould the project: a. Create a significant hazard to the public or the ❑ 0 ❑ ❑ environment through the routine transport, use, or disposal of haza:•dous materials? b. Create a significant hazard to the public or the ❑ ® ❑ ❑ environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? 23 May 11 i, 2001 Initial Study Issues Potentially Potentially I-css-Than- No signiftcar;t Significant Significant impact Impact With Impact Mitigaziou incorporated C. Emit hazardous emissions or handle L7 hazardous or acutely 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 Iist of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a " significant hazard to the public or the environment? e. For a project located within an airport land © Ci -r-1 rM 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? f: For a project within the vicinity of a private © =� airstrip,would the project result in a safety hazard for people residing or working in the pro;ect area? 9. Impair implementation of or physically Q interfere with an adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to the risk of loss, El E3 ® 1 injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion a-b. The transport, and routine use of hazardous materials is not typically associated with single family development. Historically, pesticides were added to the pesticide sprayers at random locations within the area. Pesticides included DDT during .the 1950s, parathion, benelate. diazinon, and arsana. Laboratory analysis of eight surface soil samples collected from randomly selected locations on nearby propel-ties detected pesticides, including DDT, at concentrations that are not a significant risk to human health in a residential setting. 24 May 17; 2001 Initial Study The proposed project would include the demolition of on-site structures. Due to the construction of the on-site buildings prior to 1940, asbestos-containing materials (ACMs) may be present. This is considered a potentially significant impact. Mitigates ion Measures Implementation of the following mitigation measures would reduce the construction-related impact to a less-than-sign{ficant level. Y11-12. Prior to arty grading ars the site which would result in demolition or renovation of the existing ora-site buildings, the applicant shall conduct an asbestos survey ander National Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines. 1f asbestos-containing materials are discovered, the r77aterials shall be ren7oved consistent with NESHAP guidelines prior to the onset of den7olition or renovation. c. The proposed project would not .be located. within one-quarter of an existing or proposed school. Therefore, no impact would occur. d. The site is not a known hazardous materials site. Therefore, no impact would occur. e-f. The project site is not within an airport land use plan or within two nii.les of an airport. Therefore, no impact would occur. b Development of the project site would not interfere with an adopted emergency response plan or emergency evacuation plan. Therefore, no impact would occur. h. The site is not located within an area where wildland fires occur. Therefore, no impact would occur. issues Potentially Potentially Less-Than- No significant significant Significant Impacl Impact WWI Impact Mitigation. Incorporamd VIII. HYDROLOGY AND WATER QUALITY. T4,'ould the protect. a. Violate any water quality standards or waste discharge n Q 0 L requirements? b. Substantially deplete groundwater supplies or interfere E3 CK ® CI substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate ofpre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? A9ail 17, 2001 initial Study Issues Less-Nan- 0 Significant Significant Significant 1:rpact Impact With 1131pact Mitigation Incorporated c. Substantially alter the existing drainage pattern of the ❑ MX ❑ ❑ 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? 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? e. Create or contribute runoff.water which would exceed ❑ ❑ the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f. Otherwise substantially degrade water quality? ❑ IRD ❑ ❑ g. Place housing within a 100-year floodplain, as mapped © © ❑ on a federal Flood Hazard Boundary or Flood Insurance Prate Map or other flood hazard delineation map? h. Place within a 100-year floodplain structures which ❑ ❑ ❑ 1 would impede or redirect flood flows? i. Expose people or structures to a significant risk of loss, ❑ ❑ ❑ 1K injury or death involving flooding, including flooding as a result of the failure of a levee or darn. Inundation by seiche, tsunami, or mudflow? © ❑ ❑ 1 Discussion a,f. Short-term grading and construction activities could cause an increase in erosion leading to sedimentation of streams in the affected watershed. Stormwater pollution control is the responsibility of the State Water Resources Control Board and Regional Water Quality Control Board and is implemented though the use of National Pollution Discharge Elimination System (NPDES) permits. The proposed project has a potential to violate existing standards of the City of Brentwood �4iPDES permit. This would be considered a potentialljt sib ifficant impact. Mitiization Measures implementation of the following mitigation measures would reduce the impacts to a less- than-significant level. 17111--13. Prior to the issuance of grading permits, the ApplicantlDeveloper shall submit to the Cit), Engineer for reviezat and approval a Drainage Master Plan ),rir.ich 26 Mlay 77, 2001 Initial Study implements .Best Management Practices (BhfPs) to control qualio) of siormwater runoff to the satisfaction of the Cite Engineer. V111--14. Prion to the issuance of grading permits, a National Pollution Discharge Elimination System (A)PDES) construction permit shall be obtained that implements BMPs to ensure compliance with eater quality standards. b-e. The project consists of the development of single family homes in an area designated for single family development. The development would not alter existing drainage courses and would be accommodated in the existing City of Brentwood storrn drainage system. Implementation of the proposed project would add impervious surfaces to the area which would result in a decrease in absorption rates and an increase in storrnwater runoff" rates. .Although, storm drainage could be accommodated in the City's storm drainage system, the increase in runoff rates would be considered a potentially-significant impact. Mitigation Measures Implementation of the following mitigation measures would ensure the impact is less-than- significant. ess-thansignificant. V111-I S. Prior to issuance of Grading Permits, the ApplicantlDeveloper shall subinit to the City Engineer for review and approval a Drainage Master Plan and measures to control qualit y of stomas dater rursoff The plan shall describe how ors-site draining systems will be designated to compensate for the reduced water absorption capacity of the site and to prevent flooding of adjacent properties. The plan rasust ensure that all storm water entering or originating within the project site shall be conveyed, without diversion of the watershed, to the nearest adequate natural watercourse or adequate man-made drainage facility. V111-1 G. Designs of both the on-site and downstream drainage facilities shall meet with the approval of both the City Engineer and the Contra Costa County Flood Control and Tater Conservation Districts. V111-17. Contra Costa County Flood Control and Water Conservation District Drainage fees for Drainage Area shall be paid prior to filing of the Final Map. 1/111-18, A National Pollution Discharge Elimination Svsierns (NPDES) construction permit shall be obtained for any disturbance of more than five acres, 1/111-19. All future development on the project-site shall comply with speck N.PDES requirements, V111-20. Roof drains shall empty into a pipe leading out to the street. 1111"21, Concentrated drainage flows shall not be permitted to cross sidewalks or drive,nays. r 227 May 17; 2001 r �illtial Study 71111-22. The applicant/Developer shall ensure that each lot or parcel shall drain into a street, public drain, or approved private drain in such a manner that there will be no undrained depression. Satisfaction of this measure shall be subject to the approval of the City.Engineer. o-i. The project site is not within a 100-year floodplain; therefore, len impact would occur with regards to housing or structures placed in a I00-year flood plain. J. The proposed project site is not located near a major body of water that could result i r a seiche. The risk of potential mudflow is considered low based on the generally fiat topography of the surrounding area. The proposed project site is of sufficient distance from any Large body of water that could produce a tsunami due to seismic activity. Therefore, no impact would occur. issues PotemiaDy Polentiaiiy Lass-:"Iran- No Signi�lc..mt significant Significant ;ss pact impact With hllpaot 'Mitigation lnea:twrated IX. LAND USE AND PLANNING. TT'ould the pro ect: a. Physically divide an established comnaunity? u O b. Conflict with any applicable laud use plans, 0 ❑ policies, or regulations 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 on environmental effect? C. Conflict with any applicable habitat 0 Q conservation plan or natural communities conservation plan? Discussion a. The proposed project would not physically divide an established community because there are no established residential areas located within -lie project site. The site is adjacent to approved residential development to the south and an established single family develot neat to the west across Fairview Avenue. The property is designated in the General Plan for residential development. Therefore, no impact would result on the physical arrangement of the community. b. The proposed project is consistent with the City of Brentwood General Plan land use designation and is not in conflict with a policy to preserve the environment. The type and density of the residential development is consistent with the PD-26 (SPA "L") zo, C) district. The impact is less-than-significant, , 28 Allay 17, 2001 Initial Study C. Tile project site is not located within the area designated by the General Plan as Expected Habitat Conservation Plan or Area of Significant Natural Open Space. Therefore, no impact would occur. Issues potentially potentia!!y I ess-Than. No 5ignifiunnf Significant significant Impact Itnpacd With Impact Mitigation Inwi-potated X. MINERAL RESOURCES. Tfl'ould the project: 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 stag? b. result in the loss of availability of a locally- D D Ca important mineral resource recovery site delineated on a local general plan, specific plan or other'Land use plan? Discussion a.b. The City of Brentwood Genera' Plan identifies four major sources of minerals in the community: oil, gas, sand, and coal. However, the project site has not been identified in the City of Brentwood General Plan as containing mines-al resources that would be considered a significant resource. "therefore, no, impact would occur. Issues PotentsSliy flot:ntiaay Lees-TPtan- I4a 5rgnificanl Sig:xilicaztt significant Lnpau Impact With Impact Mitigation Incorporated XL NOISE. TFould the project result in: a. Exposure of persons to or generation of noise 0 MR D D levels in excess 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 © D D excessive groundborne vibration or groundbome noise levels? c. A substantial pernxanent increase in ambient D D © D noise levels in the project vicinity above levels existing without the project? 29 May 17; 200" `aitial 5iudy issues Povuuially Potentially Less-Than. No significant significant significant Impact Impact Willi Impact Mitigation ktcotporated d. A substantial temporary or periodic increase in M d ambient noise levels in the project vicinity above levels existing without the project? 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? f. For a project within the vicinity of a private ❑ MX airstrip, would the project expose people residing or working in the project area to excessive noise levels? Discussion a-c. Vehicular traffic on Fairview and Minnesota Avenues would be the most prevalent noise sources affecting the residential developments. Noise levels in the area were studied by Charles M. Salter Associates, Inc. in November 1999, for the City of Brentwood for preparation of the Initial Study for the Sand Creek Road Extension project. Charles M. Salter Associates, Inc. conducted noise measurements at two locations in the area. One measurement was conducted 45-feet west of the roadway centerline of Minnesota Avenue. The measured noise level averaged over a 24-hour period was an Ldn of 65 dBA. A second measurement, conducted in the area away from existing traffic Noise sources, showed a baseline noise level of 52 dBA Ln. Anticipated future noise levels were also calculated assuming that the Sand Creek Road extension project would be complete. The future modeling indicated that noise levels along Sand Creek Road would be a Ldn of 71 dBA; 50-feet from the roadway centerline in the year 2010. The measured noise level of 65 dBA Ldn along Minnesota Avenue is used as a source level for the subsequent analysis. Illingv,lorth & Rodkin, Inc., prepared a subsequent Environmental Noise Assessment, dated January 17, 2001. The following analysis is based on the Illingworth & Rodkin, Inc. assessment. Exterior Noise The City of Brentwood has established a goal of 60 dB Lo, in residential outdoor activity areas. The City of Brentwood allows a discretionary level of 65 dB La,,. The application of the discretionary standard to the front yards would be appropriate in this case because rear yard noise levels would meet the City goal. The site plan for the proposed protect shows residential outdoor activity areas would be located about 70-feet from the roadway )0 May 17, 20001 Initial Study centerline for lots that would back up to the roadway and front yards would be located about 100 to 120 feet from the roadway centerline where lets would be located along a frontage street adjacent to Fairview Avenue. Noise levels drop off with. distance at a rate of about 3 dB per doubling of distance from the roadway. Along Minnesota Avenue,the noise level in rear yards is calculated to be a L., of about 65 dBA. Noise levels in residential outdoor activity areas on lots adjacent to Minnesota Avenue are, therefore, projected to exceed the City goal for noise levels in residential outdoor activity areas. T he roadway noise associated with Minnesota Avenue and Fairview Avenue would result in a potentially significant impact to the proposed single family residences. Mitigation Measures Inlplesnentation of.the following mitigation measures would ensure the exterior noise impacts would be reduced to a less-than-significant level. XJ-23. Fairview Avenue: Where residential rearlside yards adjoin the roadway, construct a noise barrier or connbination berm and noise barrier equaling a Leight of nine feet as measured above the pad elevation and roadway elevation. To be effective as a noise barrier, it must be constructed free of cracks or gaps over tine face and at the base of the barrier and have a nxinimum surface weight of three poundltwo „feet. Suitable materials include n7asonry block, or wood if properly detailed and of sufficient weight. The noise barrier shall be indicated on the ir77proven7ent plans for the review and approval of the City Engineer and C'ornnsunity Development Director. A'7-24. �,finnesota Avenue: Where residential rear/side yards adjoin the roadway, construct a noise barrier or connbination berm and noise barrier equaling a height of six feet as measured above the pad elevation and roadway elevation. The noise barrier shall be indicated on the innprovement plans for the review and approval of the City Engineer and C"amnnunit ,Develcpment Director. Interior Noise The City of Brentwood has adopted a goal to achieve an Ldn of 45 dBA or less inside new residential structures. Building plans are not yet available, so a detailed analysis cannot be completed. Typical California construction provides about 25 dBA of noise reduction with the windows closed. As the worst case noise exposure is projected to be an L,n of about 70 dBA, the corresponding interior noise level with the windows in the closed position would be about 45 dBA. Interior noise levels for residences proposed along Miruaesota Avenue, with windows closed, would be expected to meet the 45 dBA limit with an adequate margin of safety. However, for lots adjacent to Fairview Avenue; interior noise levels would be considered a potentially significant impact. Miti Edon Measure Implementation of the following mitigation measure would ensure the interior noise impacts would be reduced to a less-thaln-significant level. Y l AIM)) 17, 2001 Initial Study Xl-25, Prior to issuance of Building Permits, the applicant/developer shall subr77it proof that the interior noise level of 45 dBA Ldn is achieved to the satisfaction of the Building Official. This shall include minimum sound rating for windows, walls and exterior doors in the affected units. All buildings on lots adjacent to Sand Greek Road and Minnesota Avenue shall be provided with forced air mechanical ventilation ('or air conditioning) as necessary to provide a habitable interior environment with the windows closed enabling occupants to close windows at their discretion to control environmental noise intrusion d. There will be temporary increases in the noise levels for the residents adjacent to the property during construction. This would be considered a potentitally significant impact. Mitigation Measure Implementation of the following mitigation measure would reduce the construction- related impacts to a less-than-significant level. XJ-26. Construction activities shall be limited to the hours set forth belo-av Heavy Equipment Monday-Friday 7:00 AM'to 3:30 PM Saturday 9:00 AM to 3:3 0 PM Light Carpentry Adonday-,1~rido) 7:00 AM to 7.00 PM Saturday 8:00 AM to 4:00 PM Construction shall be prohibited on Sundays and Cihy holidays. These criteria shall be included in the grading plan submitted by the Applicant/Develotaer for review and approval of the Coramzunio)Development Director prior to issuance of grading permits, Exceptions to allow expanded construction activities shall be reviewed on a case-by-case basis as determined by the Community rDevelopment Director. XI-Z 7. All construction equipment shall use properly operating mufflers, and no combustion equipment such as pumps or generators shall be allowed to operate within 500 feet of any occupied residence during construction hours, unless the equipment is surrounded by a noise protection barrier. These criteria shall be included in the grading plan submitted by the Applicant/Developer for review and approval of the Community Development Director prior to issuance of grading permits. e,f. The project site is not located near an existing airport and is not within area covered by an existing airport land use plan. Therefore, no impact would occur. 3? May l7, 2001 Initial Studer Issues Potentialiy Potentially Less-Than- No Significant Si6mificiml significant Impact Impact With Impact Mitigation incorporated XII. POPULATION AND HOUSING. Would the project: a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? b. Displace substantial numbers of existing housing, 0 C- rx-1 M necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, necessitating © © g the construction of replacement housing elsewhere? Discussion a. The proposed project would include the development of 53 homes, using the General Plan estimate of 2.8 persons per dwelling unit, the buildout population could total 249 persons. The density of development would be consistent with the City of Brentvjood General Plan and zoning designations. Although the development would increase .the population in the area by 249 persons, the development of the proposed project would be within the population levels protected under the General Flan. Therefore, the impact is less-than-sig tr.f cant. b,c One house is currently located on the proposed project site, which would be demolished. Additionally, other storage buildings would be removed. The remainder of the project site is vacant and does not include any other residential structures. Therefore, the construction of the project would not displace substantial numbers of existing housing requiring the construction of replacement housing elsewhere. The impact would be considered less- than-si,anificant. r s Allay 17,2001 initial Studv , Issues Potentially Poaentiat}y Less-T3:an- No Significant significant significant unpact Impact With ir.:pact Mitigation Incorporated XIII. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physicallj%altered governmental facilities, the construction of which could cause significant environmenial impacts, in order to maintain acceptable service ratios, response tunes or other performance objectives for any of the public services: a. Fire protection? b. Police protection? 0 Q El 0 c. Schools? n O d. Parks? 0 0 0 r Discussion a,b. The proposed project is located within the _jurisdiction of the Brentwood Police Department and the East Diablo Eire Protection .District. Implementation of the proposed project would add to the overall demand for police and fire protection services. Due to the growth in the region and fiscal constraints, the current level of service may need to be augments to serve the project site. This increase in the level of service would be considered a potentially significant impact, Miti,,ation Measures Implementation of the following mitigation measures would reduce the impacts to a less- than-significant level. XIT.I-28. Prior to the issuance of building permits, the ApplicantlDeveloper shall participate in a Capital Improvement .Financing Program and shall pay sufficient funds to ensure the proposed project will not create excess demand for police services. Xlll-29. .Prior to the issuance of building pel-Mics, the Applicant/Developer shall comply ivith all applicable requirements of the Uniform Fire Code and the adapted policies of the East .Diablo Fire Protection District (EDFPDI'. 'III-30. Prior to the issuance of building permits, the Applicant/Developer shall provide evidence that an adequate and reliable water supple for .lire protection with o nzinimur7� ire flow of 2,000 gallons per r7linute (CrPA� exists. The req iced fire flow shall be delivered from not more than two e 34 Alai17, 2003 Initial Study fire hydrants flowing simultaneously vi,hile maintaining 20 pounds of residual pressure in the main. XII1-31. Prior to the approval of the final reap, the Applicant/Developer shall provide the number and type of hydrants called for by EDFPD. F vdrant locations will be determined by the EDFPD prior to issuance of encroachment and/or building permits. ,X111-3.2. Prior to commencing construction, the ApplicantlDeveloper shall provide access roadways having all-weather driving surfaces of not loss than 20 feet, unobstructed width, and not less than 13 feet 6 inches of vertical clearance, to within 150 feet of travel distance to all portions of the exterior walls of ever); building. Access roads shall not exceed 16 percent grade, shall have a minimum outside turning radius of 42 feet, and must be capable of supporting imposed loads offire apparatus (31 tons). .x'111-33. Prior to issuance of encroachment and/or building permits for improvements, the Applicant/Developer (and all subsequent propero, owners/homeowners) shall submit plans and specifications to the East Diablo Fire Protection District and the Cite Engineer for revie)v and approval in accordance with codes, regulations, and ordinances administered b), the East Diablo Fire Protection District and the State Fire Marshal's office. C. The project is located within the Liberty Union High School District and the Brentwood r Union Elementary School District. The increase development of single-fairdly residential units will add to the demand for services provided by both districts. Consistent with State law, the payment of school impact mitigation fees are sufficient to offset the project impacts. Although adequate capacity exists, the proposed project would result in a potentially significant impact related to schools. Mitigation Measure Implementation of the following mitigation measure would reduce the impacts to a less- than-significant level. .x'111-34. .Prior to the issuance of'o building permit, the Applicant/Developer shall submit to the Community Development Departinent written proof fron7the Liberty, Inion high School District and the Brentwood Unified School District indicating that appropriate school 777itigation fees have been paid. d. The City of Brentwood General Plan encourages an urban form that is based on open space throughout and around the community. The General Plan policy recomi-r ends park acreage be five acres per 1,000 residents. Development of the project site would result in new residences with an approximate population of 149 persons. Consequently, implementation of the proposed project would incrementally increase the demand for neighborhood, community, and regional parks and other recreation facilities. On-site 33 .Allay 17, 2001 initialTudy residents can be expected to utilize off-site recreational amenities such as City and County parks. The impact on parks would be considered potentially significant. Mitigation Measure Implementation of the follor�71ng mitigation measure would reduce the impacts to a less than-significant level. .x'111-351. Prior to the issuance of occupancy)permits, the ApplicantlDeveloper shall I e required to pa)) the appropriate Quirnb}f Act fees. This reguirenzew shall be accomplished to the satisfaction of the Community .Developinent L)epartn2ent. Issues Potentially Potentially Less-Thai- Nc Significant Significant Significant :^pace ltnpaaw With 11apact Mitigation Incorporated XIN7. RECREATION. Would the project: a. Would the project increase the use of existing ®R `' neighborhood 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 construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Discussion a. Recreetional facilities are not proposed as part of the development, Therefore, residents Of the subdivision would use existing facilities. Development of the prcJJect site would result in new residents and consequently would 'increase demand on existing neighborhood, community, and regional parks and other recreation. facilities. The impact or parks would be considered potentially signif cant. Mitigation Measure Implementation of the following mitigation measure would reduce the impacts to a less- than-sigrnificall I level. X1 T/-3d. Implement,Mitigation Measure X111-35. b. The project does not include any recreational facilities, nor require the construction or expansion of any facilities. Therefore, no impact would occur. r 36 Ma}t 17, 20,01 Initial Study Potentially Potentially Less•I'llan- No Issues Significant Sipiftcant Significant Impact Impact Wills Impact Mitigation incorporated XV. TRANSPORTATION/CIRCULATION. Rlould the project: a. Cause an increase in traffic which is substantial 0 0 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)? b. Exceed, either individually or cumulatively, a M ❑ level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, 0 d including, either an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design 0 © G features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? C. Result in inadequate emergency access? 0 FX I f. Result in inadequate parking capacity? © M 1Z g. Conflicts with adapted policies supporting 0 13 IR alternative transportation (e.g., bus turnouts, bicycle racks)? Discussion a. The City of Brentwood General Plan describes the growth of the City through the year 2010. One component of that Plan is the projection of trip generation and corresponding design of a transportation system to adequately accommodate the movement of vehicles. That system is specifically addressed in the General Plan's Circulation Element which, among other components, includes a. hierarchical roadway system with different classifications designed to carry traffic generated by planned development. The proposed project includes the development of a 5.3 dwelling-unit residential subdivision with an intemal roadway system and connections to Minnesota Avenue and 37 May 17, 2001 Initial Study Fairview Avenue. Implementation of the proposed project would introduce new vehicle trips in the area over that which currently exists. The proposed project is consistent with future development levels planned in this part of Brentwood which have been included in the regional Traffic Models developed by the Contra Costa Transit Authority (CCTA) and Contra Costa County. The Applicant/Developer of this project would be required to contribute to the construction of planned regional and local facilities. Although the development would be consistent with the levels identified in the General Plan, there could be some impacts on the regional roadrxlay infrastructure which would be considered a potentially sib naficant impact. Mitigation Measure Implementation of the following mitigation measure would reduce the impacts to a less- than-significant level. A'V a7. The Applicantl.Dei)eloper shall pay applicable thoroughfare fa.cilily fees (plus any annual increase) in effect at the time of building permit issuance and shall participate in the City's Capital In2proiien2ent Financing Plan (CIFP) lo.finance necessary roadta)ay infrastructure. b. The City of Brentwood General Plan describes the growth of the City through the year 2010. 'Phe Circulation Element was 'cased on trip generation projections and includes a corresponding transportation system designed to adequately accommodate the movement of vehicles. The proposed project would be consistent with development levels identified in the Brentwood General Plan for the site. The circulation network is also planned and designed to meet the planned level of growth and development identified in the Planned Development. The proposed project consists of 53 residential units and would not generate enough project-specific traffic to adversely affect the local circulation. Therefore, the impact is considered to be less-than-significant. C. The proposed project does not require an), changes to existing regional air traffic activity and the project site is not located near an airport..Therefore, no impact would occur. d. The proposed project does not include any unusual design features in the layout of the streets which would increase hazards. There would be no impact associated with the proposed development. e. The proposed project has public street access to all parcels and has adequate emergency access. Therefore, no impact would occur. f. The proposed project consists of single-family residences. Development of the single family homes must be consistent with the PD-25 Zone which ensure that adecuate parking exists for the subdivision. Therefore, no impact would occur. Cr. The proposed subdivision would not conflict with alternative transportation routes or policies. Therefore, no impact would occur. 8 Ala) 17, 2001 Initial Study Issues Potentially Potentially Less-;hat- No significant Significant significant hnpact hnpacl with itnp>ict Wigatiot Incorporated XVI. UTILITIES AND SERVICE SYSTEMS. Tflould the project: a. Exceed wastewater treatment requirements of ❑ C ❑ ❑ the applicable Regional Water Quality Control Board? b. Require or result in the construction of new ❑ tx] ❑ p water or wastewater treatment facilities or expansion of existing facilities,the construction. of which could.cause significant environmental effects? c. Require or result in the construction of new ❑ C7 ❑ storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve ❑ M ❑ ❑ the project from existing entitlements and resources, or are neva or expanded entitlements needed.? e. Result in a deterrnination by the wastewater C7 C1 ❑ ❑ treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing; commitments? f. Be served by a landfill with sufficient permitted ❑ C7 ❑ ❑ capacity to accorrnmodate the project's solid waste disposal needs? g. Comply with federal, state, and local statutes ❑ ❑ and regulations related to solid waste? Discussion a-f. The proposed project includes the development of 53 single-family residences, internal circulation, and street lighting, which would require the installation and necessary extension of all utility lines for water, sewer, electricity, natural gas, telephone, and cable communications. ,Adequate capacit)7 to serve the proposed project is or shall be available provided sufficient improvement fees are paid by the developer of the project in 3 9 Mazy 17, 2001 Initial Study conjunction with the City's Capital Improvements Funding Program. The zpact oz: public utilities would be potential1j)sig»jzicant. Mitigation Measure Implementation of the following mitigation measure would reduce the impacts to a less- than-sign f cant level. XYJ-38. The Applicant/Developer shall be required to connect to the existing Brentwood utility network as well as pay all applicable fees in effect at the time of building permit issuance. Impr011ement plans indicating conformance to Cit}) of Brentwood Standards shall be Prepared, submitted, and approved by the City .Engineer prior to the issuance of encroachment permits for this project. g, The proposed project consists of the development of 53 single-family residences at a density which is consistent with the General Plan. The solid waste generated by the development would be consistent with the levels xhich,have been anticipated on the site. 'The impact would be considered less-tlxatz-signfcant. issues Potentially s'otasaWly Less-Than- No Significant Sigrificart Significmv Impact impact With isnpac; Mitigation Incorporated ;VIL MANDATORY FINDINGS OF SIGNIFICANCE. a. Does the project have the potential to degrade © M the duality of 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 important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve © 0 O short-term,to the disadvantage of long-term, environmental goals? c. Does thee project have impacts that are 0 r-x-11 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 protects, and the effects of probable future projects}? 40 Ala", 17, 2001 lnitial Study Issues Potentinhy Potenliahy Less-Titan- No Significant significuni Significnnt Impact Impact Willi impact Mitigation Incorporated d. Does the project have environmental effects ❑ © ❑ Which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion a,b. Development of rural areas to urban/suburban Uses may be regarded as achieving short- term goals to the disadvantage of long-term environmental goals. However, the inevitable impacts resulting from population and economic growth are mitigated by Iong- range planning to establish policies, programs, and measures for the efficient and economical use of resources. Long-term environmental goals, both broad and specific, have been addressed previously in several environmental documents, the most comprehensive being the General Plan Final EIR certified in 1993. Therefore, the impact is less-titan-sigizificant. c.d. The loss of prime agricultural land is considered a "cumulatively considerable impact" and a "substantial adverse impact," both direct and indirect, which were addressed with the General Plan Final EIR. Ether cumulative impacts may be identified in file categories of population growth, use of resources, demand for services,and physical changes to the natural environment, These impacts would be considered.potewially significant. They may be mitigated to a degree through mitigation measures cumulatively applied as development occurs, or they have been considered subject to findings of overriding benefit by the lead agency. The proposed development is consistent with the level of development which was anticipated in the General Plan, The previous mitigation and findings of overriding benefit result in a less-than-significant impact for the proposed subdivision. 41 -�a�'17, 20 1 LO LONE TREE WAY SITE S APRICOT WA y V) ! � 1 VICINITY MAS' NOT TO SCALE Figure 1 Recorded at the request of: Contra Costa County Flood Control and Water Conservation District After recording return to: City of Brentwood Engineering Department 708 Third Street Brentwood,CA 94513 CCCFCWCD Parcel 733,Drawing ED 508 GRANT OF EASEMENT For good and valuable consideration,including but not limited to the agreements contained herein,the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California,(hereinafter"District"),hereby grants to CITY OF BRENTWOOD,apolitical subdivision of the State of California,(hereinafter"Grantee"),a nonexclusive right to a perpetual easement and right of way for installing,constructing,reconstructing,removing,replacing,repairing,upgrading,maintaining, operating one underground sewer pipeline within the area described on Exhibit"A"attached hereto,and appurtenances thereto, and for no other purposes whatsoever, along and in all of the hereinafter described parcel of land situated in the County of Contra Costa, State of California The foregoing grant is made subject to the following terms and conditions: 1. PRIMARY USE OF THE PROPERTY The primary use of the Property subject to this easement(hereinafter the"Property")is for a flood control channel.Grantee acknowledges and agrees that the use just described constitutes the primary use of the Property and that any and all rights granted or implied by this Grant of Easement are secondary and subordinate to the primary use of the Property by the District,its successors and assigns. Grantee shall not,at any time,use or permit the public to use the easement area in any manner that will interfere with or impair the District's primary use of the Property.Grantee shall not fence said easement without the prior written approval of the District, and shall remove any fencing when requested by District to do so. Grantee shall not otherwise obstruct the easement area. 2. DISTRICT TITLE: Grantee hereby acknowledges District's title to the Property and agrees never to assail or resist said title. 3. CONSTRUCTION AND MAINTENANCE ACTIVITIES: (a) Grantee shall, prior to any construction, reconstruction, remodeling, excavation, installation, or plantings within the easement area, submit specific plans and specifications to the District for review and approval. Such approval, together with any additional requirements to be in the form of an "Encroachment Permit for Use of District Right of Way"issued by District to Grantee. (b) Normal maintenance by Grantee of its facilities within the easement area, including inspection and cleaning of existing pipelines, shall not require prior notice to the District. Grantee shall perform maintenance of its facilities so as to prevent damage to the site. 4. MODIFICATION, RELOCATION AND REMOVAL OF GRANTEE'S FACILITIES: District reserves the right to require Grantee to modify its facilities, to relocate said facilities within the easement area or, at District's sole discretion, to remove its facilities from the easement area at Grantee's sole expense. In the event that Grantee fails to commence the G:\GrpData\ReaiProp\2005-Files\05-1\DA30C Line A Sewer.doc 1/24/05 required work within thirty days after being directed to do so by District, or such reasonable extension as District may agree to in writing, or fails to complete the required work within a time specified by District,District may perform or complete the work at the expense of Grantee, which expense Grantee agrees to pay to District promptly upon demand, including but not limited to engineering costs and any legal expenses incurred to collect such costs. If Grantee's facilities are removed from the current easement area Grantee shall promptly quitclaim to District its interest in the vacated easement area. 5. DAMAGE TO DISTRICT PROPERTY: Any and all District Property,facilities,landscaping or other improvements, removed or damaged as a result of the use of the easement area by Grantee, or any other person or entity acting under Grantee's direction or control, shall, at District's discretion and direction,be repaired or replaced by District,with all reasonable costs and expenses to be paid by Grantee (including but not limited to engineering costs and legal costs of collecting any unpaid expenses)or shall be repaired or replaced by Grantee,at the sole cost and expense of Grantee, equivalent to or better than their existing condition. In the event that Grantee fails to commence the required work within thirty days after being directed to do so by District,or such reasonable extension as District may agree to in writing,or fails to complete the required work within a reasonable time thereafter, District may perform or complete the work at the expense of Grantee,which expense Grantee agrees to pay to District promptly upon demand,including but not limited to engineering costs and any legal expenses incurred to collect such costs. 6. DAMAGE T4 GRANTEE'S FACILITIES: District shall have no responsibility for the protection, maintenance, damage to, or removal of Grantee's facilities, appurtenances or improvements, caused by or resulting from District's use of the Property or work or operation thereon. It shall be the sole responsibility of the Grantee to provide and maintain adequate protection and surface markings for its own facilities. Subject to the foregoing, if Grantee's properly marked,protected and maintained facilities are damaged by the sole,active negligence or willful misconduct of District,District shall repair the damage at its sole cost and expense or, at the discretion of and upon written notice from District, the damage shall be repaired by Grantee and the pre-approved reasonable cost of such repair shall be paid for by District.Under no circumstance shall District have any liability to Grantee or to any other person or entity,for consequential or special damages,or for any damages based on loss of use,revenue,profits or business opportunities arising from or in any way relating to,any damage or destruction of any portion of the Grantee's facilities. Grantee hereby acknowledges that its sole remedy for any damage to or destruction of any portion of Grantee's facilities,to the extent District is otherwise so liable under this Grant of Easement, shall be to require District to repair or replace the damaged or destroyed portion or reimburse Grantee for Grantee's pre-approved reasonable costs and expenses in repairing or replacing the damaged or destroyed portion. 7. NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non-exclusive. This easement is subject and subordinate to all existing rights,rights of way,licenses, reservations, franchises and easements of record, or that would be evident from a physical inspection or accurate survey of the Property, in and to the Property. District shall have the right to require Grantee to modify, remove or relocate its facility within the easement area or to a similar easement to be granted to Grantee by District at no cost, in a timely manner at Grantee's sole cost as reasonably necessary to accommodate the District's,or any other existing user's right to construct, replace, enlarge, repair, maintain and operate its facilities, in the same manner as required by Section 4 of this easement, including the rights and remedies contained therein. Grantee agrees to take all precautions required to avoid damage to the facilities of the existing users. If Grantee damages the facilities or improvements of any existing user, Grantee shall repair or replace such facilities at Grantee's sole cost and expense. Nothing contained herein G:\GrpData\RealProp12006-Piles\05-1\DA30C Line A Sewer.doc 2 1124/05 shall be construed to prevent District from granting other easements, franchises, licenses or rights of way over said lands,provided however,that said subsequent uses do not unreasonably prevent or obstruct Grantee's easement rights hereunder. 8. INDEMNIFICATION, AS-IS CONDI'T'ION OF PROPERTY: (a) In the exercise of all rights under this easement,Grantee shall be responsible for any and all injury to the public,to persons and to property arising out of or connected with Grantee's use of the Property. Grantee shall indemnify,defend,save,protect and hold harmless,District,its officers,agents,employees and contractors from and against any and all threatened or actual loss, damage (including foreseeable and unforeseeable consequential damages), liability, claims, suits, demands, judgments, orders, costs, fines, penalties or expense of whatever character, including but not limited to those relating to inverse condemnation, and including attorneys' fees, (hereinafter collectively referred to as "Liabilities")to persons or property,direct or consequential, directly or indirectly contributed to or caused by the granting of this easement,Grantee's operations,acts or omissions pursuant to this easement, or the Grantee's use of the easement, save and except Liabilities arising through the sole negligence or sole willful misconduct of the District, its officers or employees.Grantee acknowledges that Property subject to this easement is in a flood control area. Grantee agrees that Grantee shall never have, claim or assert any right or action against District or the County of Contra Costa in the event of damage to or disruption of Grantee's facilities caused or contributed to by flooding or water, and shall indemnify, defend, save, protect and hold District harmless from all Liabilities resulting from such damage or disruption. b) Grantee further agrees to defend, indemnify, save, protect and hold harmless, District from any and all actual or threatened claims, costs, actions or proceedings to attack, set aside, void, abrogate or annul this grant of easement or any act or approval of District related thereto. c) Grantee accepts the easement area in an "as is" physical condition, with no warranty, guarantee, representation or liability, express or implied on the part of the District as to any matter, including but not limited to the physical condition of the Property and/or the condition and/or possible uses of the land or any improvements thereon, the condition of the soil or the geology of the soil,the condition of the air,surface water or groundwater,the presence of known and unknown faults, the presence of any hazardous substance, materials, or other kinds of contamination or pollutants of any kind in the air, soil, groundwater or surface water, or the suitability of the Property for the construction and use of the improvements thereon. It shall be the sole responsibility of Grantee, at its sole cost and expense,to investigate and determine the suitability of the soil,water,geologic,environmental and seismic conditions of the Property for the intended use contemplated herein,and to determine and comply with all building,planning and zoning regulations relative to the Property and the uses to which it can be put.Grantee relies solely on Grantee's own judgment, experience, and investigations as to the present and future condition of the Property or its suitability for Grantee's intended use and is not relying in any manner on any representation or warranty by District. Grantee agrees that neither Grantee, its heirs, successors or assign shall ever claim have or assert any right or action against District for any loss,damage or other matter arising out of or resulting from the presence of any hazardous substance or any other condition of the Property at the commencement of the easement or from the release of any hazardous substance in, on or around any part of the Property or in the soil, water, subsurface strata or ambient air by any person or entity other than the District following the commencement of this easement. As used herein, "hazardous substance" means any substance,material or waste which is or may become designated,classified or regulated as being "toxic," "hazardous" or a "pollutant" under any federal, state or local law, regulation or ordinance. Nothing in this section is intended in any way to restrict the right of Grantee to seek contribution or indemnity from any person or entity other than District whose activities are a G.tGroData\RealProp12005-Files105-1\DA30C Line A Sewer.doe 3 1/24/05 cause of any discharge, leakage, spillage or emission of hazardous materials on or to the Property. d)To the extent permitted by law,Grantee shall indemnify, defend, save, protect and hold the District harmless from and against any and all claims,demands,Liabilities,expenses(including without limitation attorneys fees and consultants fees), penalties, damages, consequential damages and losses,and costs(including but not limited to the costs of any required or necessary testing,remediation,repair,removal,cleanup or detoxification of the Property and surrounding properties and from and against the preparation of any cleanup, remediation, closure or other required plans whether such action is required or necessary prior to or following the termination of the easement), of any kind or nature, to the extent caused or contributed to by Grantee's operation or performance under this easement, or Grantee's use, release or disposal of any hazardous substance, including all costs, claims, damages (including property and personal injury) caused by the uncovering, release or excavation of hazardous materials (including petroleum)as a result of Grantee's construction,reconstruction,maintenance,use,replacement, or removal of its facilities,to the extent that such activities increase the costs attributable to the cleanup or remediation of such hazardous materials. e)The obligations contained in this section shall survive the expiration or other termination of this easement. 9. NO WARRANTIES: Grantee understands and acknowledges that District makes no representations, warranties or guarantees of any kind or character, express or implied, with respect to the Property, and Grantee is entering into this transaction without relying in any manner on any such representation or warranty by District. 10, ABANDONMENT: In the event Grantee shall cease to use the easement herein continuously for a period of one year, or in the event Grantee abandons its facilities or fails to use the easement for the purpose for which it is granted,then all rights of Grantee in and to said lands shall thereupon cease and terminate and shall immediately revert to and vest in District or its successors. Upon any such termination of Grantee's rights, Grantee shall, upon request by District, and at Grantee's sole cost and expense,remove all of its facilities from the easement area and restore said Property to its original condition.Upon the failure of Grantee to do so,this work may be performed by District at Grantee's expense,which expense Grantee agrees to pay to District upon demand. Grantee shall execute any Quitclaim Deeds required by District in this regard. 11. NO ASSIGNMENT OF EASEMENT: No rights granted hereunder shall be transferred, apportioned, or assigned without the prior written consent of District. 11 NO SECONDARY RIGHTS: Nothing herein contained shall be deemed to construe that access or other secondary rights are conveyed by this document over any of District's adjacent lands lying outside of the aforesaid strip of land above described. 13. ENTIRE AGREEMENT: This grant of easement contains the entire agreement between the parties hereto and shall not be modified in any manner except by an instrument in writing executed by the parties or their respective successors in interest. 14. CONSTRUCTION: This grant of easement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this grant of easement and their counsel have read and reviewed this grant of easement and agree that any G:\GrpData\RealProp\2005-Files\05-1\DA30C Line A Sewer.doc 4 1/24/05 rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this grant of easement. 15. SUCCESSORS AND ASSIGNS: This indenture and all of the covenants herein contained shall inure to the benefit of and be binding upon the heirs, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, this Grant of Easement is signed and executed this day of. r , 2005. CONTRA COSTA COUNTY FLOOD CITY OF BRENTWOOD CONTROL&WATER CONSERVATION DISTRICT Chair, BjArd of Supery'sors Donna Landeros` City Manager APPROVED AS TO FORM by County Counsel July, 1999 STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On APRIL 05/05before me, EMY L. SHARP Deputy Clerk of the Board of Supervisors, Contra Costa County, rsonally appeared SUP. GAYLE B. "UILKEpe , who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted executed the instrument. By: Deputy Clerk G:\GrpData\RealPr©p\2005-Files\05-1\DA30C Line A Sewer.doc 1/24105 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State a#California County of � ' On ( `�t� �r t > J efore me,"1 `' M, 111rr � Dat Nam"andTitle of Officer(e.g.,"Jane Doe,Notary P blit') personally appeared .1orr[A_ Name(a)of Signer(s) ;Xpersonally known to me proved to me on the basis of satisfactory evidence _ TCOLAND to be the person whose name a - Comrnission#1462693 Notary Public-CaUtornia subscribed to the within instrument and Contra Costo County acknowledged to me thats 4ey6 executed My Comm.Expires Nov 23,2007. the same in a authorized capacity(i and that by -*"(S0t49k_ signatures-"on the instrument the persor4e-)~or the entity upon behalf of which the perspao}'- acted, executed the instrument. W NESS h and officials 1. Si atop otary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: K6i'– Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: imiffifflm Individual Top of thumb here ❑ Corporate Officer—Titie(s): j ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: 1 0 1999 National NotaryAssocfation•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalno:ary.org Prod.No.5907 Reorder.Coil Toll-Free 1.800.978$827 RESOLUTION NO. 2997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER OR THE CITY ENGINEER TO ACCEPT ON THE CITY'S BEHALF ALL INTERESTS IN REAL PROPERTY. WHEREAS, Government Code Section 27281 provides that instruments conveying an interest in real property to the City may not be recorded without a Certificate of Acceptance from the City Council; and WHEREAS, Government Code Section 27281 also provides that the City Council may, by a general resolution, authorize one or more officers to accept instruments conveying an interest in real property by executing a Certificate of Acceptance; and WHEREAS, the City Council desires to delegate to the City Manager or the City Engineer the authority to accept all real property interests on behalf of the City "Offers of Dedication", "Rights of Entry" and "Minor Property Acquisitions". Offers of Dedication are defined as the conveyance of real property for public use as an outright donation, in exchange for the granting of any land use entitlement by the City (such as subdivision maps, building permits or zone changes) or to satisfy mitigation requirements resulting from an environmental review. Rights of entry are possessory interests in real property whereby the City is authorized, for a short duration and for a limited purpose, to enter upon real property and engage in work for the public benefit. Minor 2rooerty acquisitions are defined as negotiated acquisitions not under the threat of eminent domain for minor real property interest in the nature of an easement or fee interest for a public purpose. NOW THEREFORE, the City Council of the City of Brentwood does hereby resolve that; 1. The City Manager or the City Engineer may accept on behalf of the City Council all rights of entry so long as each right of entry is memorialized in a written document signed by the property owner. 2, The City Manager or the City Engineer may accept on behalf of the City Council Offers of Dedication of an easement, right of way or fee interest in real property so long as each offer is evidenced by a written instrument sinned by the offering property owner. 3. The City Manager or the City Engineer may accept on behalf of the City Council all property acquisitions of an easement or fee interest in real property so long as a written instrument is signed by the seller. 4. The City Manager or the City Engineer may accept on behalf of the City Council all other interest in real property, not stated in paragraphs 1, 2 and 3 above, in accepting all subdivision map offers of dedication. 5. The City Clerk shall utilize the Certificate of Acceptance attached hereto as Exhibit "A" and record the Certificate along with the instrument conveying the offer of dedication or miner property acquisition with the County Recorder. 6. Prior to accepting any offer of dedication, right of entry or minor property acquisition the City Attorney shall ensure the document or instrument is in a legally acceptable format. �Y+I�`azt�t uaa l moz aagoloo 3o ken glbt acts uo Paidops°atuaoj!,t D'Poonllua-'E3o/1110 oyl30 ttaunoD Ilii ogl3o L66Z uotintos2-g3o Adon looaaoo put anal e st stgl K3?uao Xgoaaq op"pooe�uaag3o!1?D aqi 3o va[z)f"!D`aatCI uw"`i F saalnaaS anl}eJISlulwpV}o J0109110/ysalO/4l0 �lfV� `zeta u ae>j :iS3J-LV 104eW `1a Sims ps 7 auoN :NIVIS8b auoN :1N3SSb euoN ',530N jayslnaS aoAeA `yolnoaIad IM zaaaal;nE) `puejlsA398 slagwawllounoo '-S3Ab :aton 6ulmollot ay; Ag EOOZ jagolop }o �(ep y1tq ayj uo play 6ullaaw jeln6ei e le poomluaag to A4l0 ayl }o gouno� Al10 au} �Cg C3 1dOC]d CiNb CI3A42fddb `{I3SSbd •japunaaaq uolllsinboe Apadoid aoulw jo uol;e.otpap jo j940 Ijjua to jgbp elgeBelep a analyoe 01 JapJo ul SISOAGIul ajeaedas `lejanaS o1ut s}saJatul A:padoid leas apinlp .lo axe�edas }ou !lays �jalO AID GL Exhibit "A" CERTIFICATE OF ACCEPTANCE OF AN INTEREST IN DEAL PROPERTY BY THE CITY OF BRENTWOOD (Governmental Code Section 27281) This is to certify that the interest in real property conveyed by the instrument from Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California (CCCFCWCD Marcel 733, Drawing ED 508) is hereby accepted by the City of Brentwood, a general law city in the State of California, and is hereby accepted by the City Manager or the City Engineer pursuant to the authority of the City Manager or City Engineer to accept all interest in real property conferred by City Council Resolution No. 2997 adopted on October 14, 2003. The City further consents to its recordation. ACCEPTED: 111/0 5 Date Balwinder €ngh Grewal, City Engineer KAR0Wiwpf11es\F0RtvMStCertiflcate of Acceptance Reso.2997.doc FEBRUARY 19, 2004 JOB NO. : 453-90 LEGAL DESCRIPTION 20 FOOT SANITARY SEWER EASEMENT CONTRA COSTA COUNTY FLOOD CONTROL AND DATER CONSERVATION DISTRICT BRENTWOOD, CALIFORNIA EXHIBIT `A` REAL PROPERTY, SITUATE IN THE CITY OF BRENTWOOD, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, BY DEED RECORDER JULY 8, 1976, IN BOOK 8026 OF OFFICIAL RECORDS AT PAGE 576, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHEASTERN LINE OF SAID PARCEL OF LAND, SAID POINT BEING THE SOUTHWESTERN CORNER OF THAT CERTAIN 35 .65 ACRES PARCEL OF LAND, AS SAID 35.65 ACRES PARCEL OF LAND IS SHOWN AND SO DESIGNATED ON THAT CERTAIN RECORD OF SURVEY RECORDED DECEMBER 20, 1990, IN BOOK 97 OF LICENSED SURVEYOR' S MAPS AT PAGE 7, IN SAID OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY; THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG THE NORTHEASTERN LINE OF SAID PARCEL OF LAND (8025 OR 578) , NORTH 33029' 37" WEST (THE BEARING OF SAID NORTHEASTERN LINE BEING TAKEN AS NORTH 33029' 37" WEST FOR. THE PURPOSE OF MAKING THIS DESCRIPTION) 21.91 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE, FROM SAID POINT OF BEGINNING, LEAVING SAID NORTHEASTERN LINE, SOUTH 55014' 33" WEST 68 .15 FEET, TO A POINT ON THE SOUTHWESTERN LINE OF SAID PARCEL OF LAND (8026 OR 578) ; THENCE, ALONG SAID SOUTHWESTERN LINE, NORTH 34046' 04" WEST 20. 00 FEET; THENCE, LEAVING SAID SOUTHWESTERN LINE, NORTH 55014' 33" EAST 63 .60 FEET TO A POINT ON SAID NORTHEASTERN LINE. THENCE, ALONG SAID NORTHEASTERN LINE, SOUTH 33029' 37" EAST 20 . 00 FEET TO SAID POINT OF BEGINNING. CONTAINING 1,368 SQUARE FEET (0 .03 ACRES) OF LAND, MORE OR LESS . ENI) OF DESCRIPTION 5��lANO NO.717 c CHR.ISTO ER S . HARMISON, P.L.S. ,kR.t 'all L.S. NO. 7176 EXPIRES: DECEMBER 31, 2005 Hn\453-90\LEGALS\LG-0 ��,OF CA��`q°'tiQ` N88'55'32"W 885.06' C --- I\403.26' LONE TREE WAYS tis BEARING TABLE COOPER NO. BEARING LENGTH ' , r 5660 OR 210 L1 N33'29'37"W 21.91' d" L2 N3446'04"W 20.00' 00 L3 S33 29 37 E 20.00 D AREA = 1,367 5F POB N �f-S, 00" "� POC SCC KIPER LLC. SURD H46 (97 LSM 7) EXHIBIT 'B' PLAT TO ACCOMPANY LEGAL DESCRIPTION 20 SANITARY SEWER EASEMENT CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BREWWOOD, CALF-vim► JULY, 2003 Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS • PLANNERS 2603 CAMINO RAMON, SUITE 100 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 866--0322 FAX: (925) 866-8575 G:\453-90\ACAD\PLAT\PLAT-04.DWG