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HomeMy WebLinkAboutMINUTES - 04252006 - C.27 I TO: BOARD OF SUPERVISORS, AS GOVERNING ��E=s `L' °� Contra BOARD OF THE FLOOD CONTROL&WATER CONSERVATION DISTRICTCosta � . FROM: MAURICE M. SHN, CHIEF ENGINEER "°s;a asi;N"' County DATE: April 25, 2006 I ( 6 2007 SUBJECT: ADOPT the previously c Irtified City of Brentwood Environmental Impact Report (EIR) for the Palmilla (formerly Marseilles) Development Project for the purpose of conducting real property transactions and issuing Flood Control Permits in compliance with the California Environmental Quality Act,Brentwood area. [CDD CP#06-30] (District III),Project No.FCP 606-05 and FCP 616- 05 (Subdivision 8729) j SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT the previously certified City of Brentwood Environmental Impact Report(EIR)for the Palmilla(formerly Marseilles) Development Project for the purpose of issuing Flood Control Permits and conducting real property transactions associated with the project in'compliance with the California Environmental Quality Act(the custodian of which is the Community Development,Director who is located at 651 Pine Street, Martinez), and ADOPT staff findings associated with each potentially significant effect of the project as outlined in the attached Findings, and Continued on Attachment: ® SIGNATURE: [+RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE E]—APPROVEOTHER SIGNATURE(S): n tl ACTION OF BO4�C ON /r APPROVED ASMMENDED kr OTHER ❑ VOTE OF SUPERVISORS UNANIMOUS(ABSENT D ) I hereby certify that this is a true and correct copy of an action AYES: NOES: taken and entered on the minutes of the Board of Supervisors on ABSENT: ABSTAIN: the date shown. d J/ Ps-// o2i17/ 000-v/0 LC:ms ATTESTED: G:\GrpData\Engsvc\ENv1RO\B0\2006\(04-25-06)CFQA-Palmilla FIR Adopt.doc JOHN CULLEN,Clerk of the Board of Supervisors and County Orig.Div: Public Works(Enviro) Attachment Administrator Contact: Leigh Chavez,Environmental cc: E.Kucvor,CAO AuditotBy �� ,Deputy Community Development-D.Kelly Public Works Department: T.Torres-Enviro M.Consolation-FC C.Pina-Sandoval-RP SUBJECT: ADOPT the previously certified City of Brentwood Environmental Impact Report (EIR) for the Palmilla (formerly Marseilles) Development Project for the purpose of conducting real property transactions and issuing Flood Control Permits in compliance with the California Environmental Quality Act,Brentwood area. [CDD CP#06-30] (District III),Proj ect No.FCP 606-05 and FCP 616- 05 (Subdivision 8729) DATE: April 25, 2006 PAGE: 2 of 3 RECOMMENDED ACTION: FIND based upon the evidence outlined in the City of Brentwood EIR that the potentially significant impacts are within the jurisdiction of and are the responsibility of the City of Brentwood and not Contra Costa County and the City of Brentwood has adopted mitigation measures that substantially lessen the significant impacts of the project as identified in the EIR, and FIND that the real property transaction necessary to accommodate the project will not cause a significant impact; and FIND that issuance of Flood Control Permits necessary to accommodate the project will not cause a significant impact; and DIRECT the Director of Community Development to file a Notice of Determination with the County Clerk; and AUTHORIZE the Chief Engineer to arrange for payment of a$25 fee to Community Development Department for processing, and a$25 fee to the County Clerk for filing of the Notice of Determination. i FISCAL IMPACT: There is no impact to the County General Fund nor the Contra Costa County Flood Control and Water Conservation District. Funding is 100%Developer Fees. REASONS FOR RECOMMENDATIONS AND BACKGROUND: The purpose of the proposed project is to allow the Contra Costa County Flood Control and Water Conservation District to issue necessary Flood Control Permits and conduct real property transactions with the City of Brentwood in support of the Palmilla Development Project. The transactions are being conducted under Flood Control Permit Numbers 606-05 and 616-05. The District owns right of way for the lands containing and adjacent to Marsh Creek where several improvements including a new bridge at Central Boulevard over Marsh Creek, an 84" rock riprap storm drain outfall into Marsh Creek, and a new pedestrian bridge over Marsh Creek, will be constructed. Acquisition of surface easements and various temporary construction easements across the District-owned properties are necessary in support of this project. In addition, permanent right-of-way acquisition may be required. A Final Environmental Impact Report (FEIR) for the Palmilla (formerly Marseilles) Development Project was prepared by the City of Brentwood. The City filed the Notice of Determination on October 18, 2005. The Contra Costa County Flood Control and Water Conservation District is adopting the FEIR in order to conduct real property transactions and issue Flood Control Encroachment Permits necessary to accommodate the City of Brentwood's project. A copy of the EIR is on file with the Public Works Department and the Clerk of the Board. The County has made Findings on those potentially significant impacts that may result from issuance of the necessary Flood Control Permits and real property transactions with the City of Brentwood. SUBJECT: ADOPT the previously certified City of Brentwood Environmental Impact Report (EIR) for the Palmilla (formerly Marseilles) Development Project for the purpose of conducting real property transactions and issuing Flood Control Permits in compliance with the California Environmental QualityAct,Brentwood area. [CDD CP#06-30] (District III),Project No.FCP 606-05 and FCP 616- 05 (Subdivision 8729) DATE: April 25, 2006 PAGE: 3 of 3 CONSEQUENCES OF NEGATIVE ACTION: Delay in adopting the document will result in an inability to issue the necessary Flood Control Permits and conduct the real property transfers with the City of Brentwood and will delay implementation of the Palmilla Development Project. 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)3i 3 2366 Contact Person: Leigh Chavez, Planner III Common Name (if any), Location,and Project Description: Palmilla Development Project,CP#06-30,located north of Dainty Avenue at Central Blvd and Walnut Blvd. (adjacent to Marsh Creek), in the City of Brentwood, East Contra Costa County. The City of Brentwood was the Lead Agency for the project. A Final Environmental Impact Report (FEIR) for the Palmilla (formerly Marseilles) Project was prepared by the City of Brentwood. The City filed the Notice of Determination on October 18, 2005. Contra Costa County is adopting the previously certified July 2004 FEIR in order to conduct real property transactions and issue Flood Control Encroachment Permits necessary to accommodate the City of Brentwood's project. This construction project proposes to build a development including improvements which will require the issuance of Flood Control Permits from the Contra Costa Flood Control(District as well as Real Property transactions.The District owns the right-of-way for the lands containing and adjacent to Marsh Creek where these improvements would be constructed. The improvements include: a new bridge at Central Blvd. over Marsh Creek, an 84"rock riprap storm drain outfall into Marsh Creek, and a new pedestrian bridge over Marsh Creek. Acquisition of surface easements,and various temporary construction easements across the District-owned properties are necessary in support of this project. In addition, permanent right-of-way acquisition may be required. Pursuant to the provisions of the California Environmental Quality Act: ( ) An Environmental Impact Report was prepared and certified (SCH # ) ( X) The Project was encompassed by an Environmental Impact Report previously prepared for the City of Brentwood for the Marseilles Development (SCH #2003102062). ( ) A Negative Declaration ()was prepared ( ) Copies of the record of project approval andlthe final EIR may be examined at the office of the Contra Costa County Public Works Department. (X) The Project will not have a significant environmental effect with mitigation measures incorporated. (X ) Mitigation measures were included in the City of Brentwood's FEIR (X ) Findings pursuant to Section 15091 of the CEQA Guidelines are included in the County's adoption materials. Date: By: Community Development Department Representative AFI IDAVIT 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: X County Clerk-$50 Public Works Department Total Due: $50 255 Glacier Drive Total Paid $ Martinez,CA 94553 Attn:Leigh Chavez Receipt#: G:\GrpData\Eng$vc\ENVIRO\Flood Control\Marseilles\MarseillesNOD.doc 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)3i 3-2366 Contact Person: Leigh Chavez, Planner III Common Name(if any), Location,and Project Description: Palmilla Development Project,CP#06-30,located north of Dainty Avenue at Central Blvd and Walnut Blvd. (adjacent to Marsh Creek), in the City of Brentwood, East Contra Costa County. The City of Brentwood was the Lead Agency for the project. A Final Environmental Impact Report (FEIR) for the Palmilla (formerly Marseilles) Project was prepared by the City of Brentwood. The City filed the Notice of Determination on October 18, 2005. Contra Costa County is adopting the previously certified July 2004 FEIR in order to conduct real property transactions and issue Flood Control Encroachment Permits necessary to accommodate the City of Brentwood's project. This construction project proposes to build a development including improvements which will require the issuance of Flood Control Permits from the Contra Costa Flood Control(District as well as Real Property transactions.The District owns the right-of-way for the lands containing and adjacent to Marsh Creek where these improvements would be constructed. The improvements include: a new bridge at Central Blvd. over Marsh Creek, an 84"rock riprap storm drain outfall into Marsh Creek, and a new pedestrian bridge over Marsh Creek. Acquisition of surface easements,and various temporary construction easements across the District-owned properties are necessary in support of this project. In addition, permanent right-of-way acquisition may be required. Pursuant to the provisions of the California Environmental Quality Act: ( ) An Environmental Impact Report was prepared and certified (SCH # ) (X ) The Project was encompassed by an Environmental Impact Report previously prepared for the City of Brentwood for the Marseilles Development (SCH#2003102062). ( ) A Negative Declaration ()was prepared ( ) Copies of the record of project approval and the final EIR may be examined at the office of the Contra Costa County Public Works Department. (X) The Project will not have a significant environmental effect with mitigation measures incorporated. (X ) Mitigation measures were included in the City of Brentwood's FEIR (X ) Findings pursuant to Section 15091 of the CEQA Guidelines are included in the County's adoption materials. 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: X County Clerk-$50 Public Works Department Total Due: $50 255 Glacier Drive Total Paid $ Martinez,CA 94553 Attn:Leigh Chavez Receipt#: G:\GrpData\EngSvc\ENVIRO\Flood Control\Marseilles\MarseillesNOD.doc Contra Costa County Flood Control and Water Conservation District CEQA Findings Regarding Potentially Significant Impacts For the Palmilla Subdivision 8729 (FCP 606-05 and 616-05) 1 SCH#2003102062 The project impacts listed below were identified in the Palmilla (formerly Marseilles) Development Environmental Impact Report (EIR). Staff from the Environmental Unit at the Contra Costa County Flood Control and Water Conservation District (District) have reviewed the impacts associated with the Palmilla Development relative to the discretionary permits that the District will issue and the real property transaction that will be conducted to allow other parties to construct improvements within District right of way or Marsh Creek Flood Control Channel. These improvements include construction of a new bridge over Marsh Creek at Central Avenue, the addition of an 84" rock outfall into Marsh Creek, a pedestrian bridge over Marsh Creek, and various Real Property transactions associated with the development. According to CEQA, a responsible agency has responsibility for mitigating or avoiding only the direct or indirect environmental effects of those parts of the project that it decides to carry outjinance, or approve. Further, the responsible agency must make the findings required by Section 15091 (Findings) for each significant effect of the project and must make the findings in Section 15093 (Statement of Overriding Considerations) if necessary. The District's findings regarding potentially significant impacts related to issuance of flood control permits and conducting real property transactions are located at the end of each section below. This analysis only specifically addresses those potentially significant impacts associated with portions of the project the District will authorize. There.are a number of potentially significant impacts associated with the larger Palmilla Development; however, those impacts are in the jurisdiction of and are the responsibility of the City of Brentwood as the Lead Agency. Following are the District's Findings pursuant to Section 15091 of CEQA regarding - potentially significant project impacts associated with the District's issuance of flood control permits and real property transactions for the Palmilla Development Project. The Permittee will be issued Flood Control Permits with Special Provisions by the District. These Special Provisions will be binding on the permittee. Therefore, no significant impacts associated with the District's issuance of Flood Control Permits or Real Property transactions are expected as a result of the Permittee's actions. Since no significant impacts are expected as a result of the District's actions, there is no need for the District to adopt a Statement of Overriding Considerations. The Permittee will be responsible for obtaining all necessary regulatory permits associated with any work authorized by the Flood Control Permits. 1 Land Use and Agricultural Resources District Findings: there are no potentially significant land use and agricultural resource impacts associated with the District's issuance of flood control encroachment permits or real property transactions. All land use and agricultural resource impacts associated with the Palmilla Development are the responsibility of the City of Brentwood as the Lead Agency. Transportation and Circulation There are no potentially) significant transportation and circulation impacts associated with the District's issuance of flood control encroachment permits or real property) transactions. All transportation and circulation impacts associated with the Palmilla Development are the responsibility of the City of Brentwood as the Lead Agency. Noise There are no potentially significant noise impacts associated with the District's issuance of flood control encroachment permits or real property transactions,, with the exception of the impact outlined below. All other noise impacts associated with the Palmilla Development are the responsibility of the City of Brentwood as the Lead Agency. Impact 3.4-1: Construction-related Noise Impacts a. Description The proposed project would involve the use of powered equipment and vehicular operations, which would generate noise. b. Mitigation Measures The following mitigation measures .are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: Construction activities shall be limited to the hours of Monday through Friday, 7:00 a.m. to 7:00 p.m. and Saturday 9:00 a.m. to 4:00 p.m. Construction shall be prohibited on Sundays and City holidays, unless emergency conditions warrant otherwise. These criteria shall be included in the improvement plans prior to initiation of construction, 2 Exceptions to allow expanded construction activity hours shall be review on a case-by-case basis as determined by the City Engineer. The limits to the hours for noise-generating activity shall be incorporated into the flood control encroachment permits issued for the development. c. District Findings The mitigation measures adopted by the Lead Agency and incorporated into the flood control encroachment permit for work within the District's jurisdiction should mitigate any impacts to noise associated to activities authorized any the District's flood control encroachment permits to a less than significant level. Air Quality There are no potentially significant air quality impacts associated with the District's issuance of flood control encroachment permits or real property transactions, with the exception of the impact outlined below. All other air quality impacts associated with the Palmilla Development are the responsibility of the City of Brentwood as the Lead Agency. Impact 3.5-4: Construction-related Air Quality Impacts a. Description Construction would generate dust emissions (PM,o) from grading and other ground disturbling activities along with exhaust emissions from diesel powered construction equipment. b. Mitigation Measures Mitigation Measure 3.5-4(a): The following mitigation measures relative to dust emissions are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: • Water all active construction areas (e.g., trenching) at least twice daily and more often if visible dust occurs • Cover all hauling trucks hauling sand or soil, or, maintain at least two feet of freeboard • Apply water three times daily, or apply (non-toxic) soils stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites 3 • Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas and sweep streets daily (with water sweepers) if visible soil material is deposited onto the adjacent roads • Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas that are inactive for 10 days or morel) • Enclose, cover, water twice daily, or apply (non-toxic) soil binders to exposed stockpiles • Limit traffic speeds on any unpaved roads to 15 mph • Install sandbags or other erosion control measures to prevent silt runoff to public rloadways as appropriate • Replant vegetation in disturbed areas as quickly as possible • Install wheel washers for all exiting trucks or wash off the tires or tracks of all-trucks and equipment leaving the site • If necessary, install windbreaks, or use trees/vegetative windbreaks at the windward side(s) of construction areas to prevent visible dust clouds from affecting nearby sensitive uses (e.g., residences) • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph and visible dust emissions cannot be preve 16ted from Leaving the construction site(s) • Minimize areas subject to disturbance during excavation, grading, and other construction activity at any one time • If materials suspected to contain serpentine, asbestos, lead or other toxic air contaminants are discovered during construction, contact the BAAbMD's Enforcement Division prior to disturbance or removal Mitigation Measure 3.4-5(b): The following mitigation measures relative to exhaust emissions (for stationary or mobile construction equipment rated above 50 horsepower) are hereby adopted and will be implemented as provided in the Mitigation Monitoring Program: • Properly maintain construction equipment. The contractor shall prohibit the use of equipment that produces more opaque (dark or smoky) exhaust than other typical equipment of similar size. Opacity shall be observed under load to verify this measure • All diesel equipment on-site for more than one day shall use ultra low sulfur diesel (fuel (15 ppm sulfur) and 20% biodiesel. • At least 20 percent of the heavy-duty off-road construction equipment shall be powered by CARB certified off-road engines or equivalent • Idling construction equipment for five minutes or longer is prohibited. The contractor shall avoid staging equipment near or 4 upwind from residences These mitigation measures shall be incorporated into the flood control encroachment permits issued for the development. c. District Findings The mitigation measures adopted by the Lead Agency and incorporated into the flood control encroachment permit for work within the District's jurisdiction should mitigate any impacts to air quality associated to activities authorizedf any the District's flood control encroachment permits to a less than significant level. Biological Resources There are no potentially significant biological resource impacts associated with the District's issuance of flood control encroachment permits or real property transactions, wifh the exception of the impacts outlined below. All other biological resource impacts associated with the Palmilla Development are the responsibility of the City of Brentwood as the Lead Agency. Impact 3.6-2 Burrowing owl could potentially be found at the project site a. Description The burrowing owl has a moderate potential to occur on-site; and nesting, roosting, and foraging habitat are present on-site. b. Mitigation Measures 3.6-2(a) Prior to issuance of grading permits, the project proponent shall submit to CDFG and thelCity Community Development Department a pre- construction survey of the project site for burrowing owl performed in accordance with CDFG standards. The survey shall be conducted by a qualified biologist not -more than .30 days prior to the application for a grading permit. In addition, if ground disturbing activities are delayed or suspended for more than �30 days after the pre-construction survey, the site shall be re-surveyed. 3.6-2(b) If burrowing owls are not discovered, further mitigation is not required: If burrowing owls are observed during the preconstruction surveys, the applicant shall perform the following measures to limit the impact on the burrowing owls: 5 a. A fenced 300-foot buffer shall be created between the nesting site(s) (that is, the active burrow(s)) and any earth-moving activity or other disturbance. This 300-foot buffer could be removed once it is determined by a qualified raptor biologist that the young have fledged. Typically, the young fledge by August 31 ; however, this date may be earlier or later than August 31 and would have to be determined by a qualified raptor biologist b. If burrowing owls are residing on site, a qualified raptor biologist shall delineate the extent of burrowing owl habitat on the site. To mitigate impacts to burrowing owls, a minimum of 6.5 acres of replacement habitat should be set aside per pair of burrowing owls, or unpaired resident bird. The protected lands shall be adjacent to occupied burrowing owl habitat and at a location acceptable to CDFG. !_and identified to off-set impacts to burrowing owls must be protected in perpetuity either by a conservation easement or via fee title acquisition. c. Prior to issuance of a grading permit, the project proponent shall submit a Mitigation Plan and Mitigation Agreement to CDFG and City Community Development Department for review and approval. The Mitigation Plan shall identify any activities necessary to enhance the site, including the construction of artificial burrows. The plan shall also include a description of monitoring and management methods proposed at the mitigation site. Monitoring and management of any lands identified for, mitigation purposes shall be the responsibility of the applicant for at least five years. An annual report must be prepared for submittal to CDFG by December 31 of each monitoring year and a copy of the report shall be forwarded to the City Community Development Department. Contingency measures for any anticipated problems should be identified in the plan. d. After the burrowing owls are finished nesting on the project site, and after CDFG approves a mitigation site, and remaining burrowing owls that are residents on the project site shall be passively relocated by a qualified biologist in accordance with CDFG's policies for passive removal. Any permit required to passively remove burrowing owls must be obtained from CDFG prior to the passive removal of resident owls from the project site. Verification of compliance with this measure shall be submitted to the City of Brentwood Community Development Department. Impact 3.6-4 Nesting raptors and migratory birds a. Description Disruption of active raptor and migratory and resident nests could 6 I occur in conjunctionj with project development if raptors and migratory and resident birds were nesting within up to 500 feet of construction activities. b. Mitigation Measures 3.6-4 If construction is proposed during the breeding season (February through August), a pre-construction survey for migratory and resident bird nests shall be conducted within 30 days prior to the beginning of construction activities by a qualified biologist in order to identify active nests on the project site land within 100 feet of the project site boundaries. The results of the survey shall be submitted to the Community Development Department. If no active nests are found during the pre-construction survey, no further -mitigation is required. If active nests are found, no construction activities shall take place within 500 feet of the raptor nest and 100 feet of other migratory birds until the young have fledged. Trees containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (September to January). Impact 3.6-6 Impacts to areas within CDFG and Corps jurisdiction a. Description Installation of a new, larger outfall structure at Marsh Creek where the onsite agricultural ditch currently connects to Marsh Creek could result in adverse impacts to the creek. b. Mitigation Measures 3.6-6(a) A Streambed Alteration Agreement shall be obtained from CDFG, pursuant to Section 1600 of the California Fish and Game Code for the construction of the new stormwater outfall in Marsh Creek and any other activities affecting the bead or bank of the Creek. As part of the mitigation package, the agricultural ditch and proposed work within this ditch shall be described. If required, the project applicant shall coordinate with CDFG in developing appropriate mitigation and shall abide by the conditions of any executed permits. 3.6-6(b) Prior to the issuance of grading permits, an appropriate CWA Section 404 permit shall be acquired by the applicant for the construction of the stormwater outfall, widening of Marsh Creek Bridge, and the filling of the existing agricultural ditch, if applicable, CWA Section 401 Water Quality Certification will also be required. 7 c. District Findings The mitigation measures adopted by the Lead Agency and incorporated into the flood control encroachment permit for work within the District's jurisdiction should mitigate any impacts to Biological Resources associated with activities authorized by any the District's flood control encroachment permits to a less than significant level. Cultural Resources There are no potentially significant cultural resource impacts associated with the District's issuance of flood control encroachment permits or real property transactions, with the exception of the impacts outlined below. All other cultural resource impacts associated with the Palmilla Development are the responsibility of the City of Brentwood as the Lead Agency. Impact 3. 7-1: Construction-related Archaeological Resource Impacts a. Description Project grading could unearth previously unknown archaeological resources. b. Mitigation Measures 3.7-1 (a) During grading and construction, an archaeological monitor shall be retained to inspect any trenching or grading operations which may happen within 200 feet of Marsh Creek, if such work would continue below a depth of approximately four feet from the existing surface 3.7-1 (b) In the event that any archaeological deposits are discovered during construction or grading, further grading or trenching_ within 50 feet of the discovery shall be halted until a plan has been submitted to .the City Planning Dept. for the evaluation of the resources as required under current CEOA guidelines. If evaluation concludes the archeological deposit, is eligible for inclusion on the California Register of Historic Resources, a plan for the mitigation impacts to the resources shall also be submitted to the Planning Dept. for approval. 3.7-1(c) During construction, if any earth moving activities uncover artifacts, exotic rock,l or unusual amounts of bone or shell, work shall 8 be halted in the immediate area of the find and shall not be resumed until after a qualified archaeologist has inspected and evaluated the deposit and determined the appropriate means of curation. The appropriate mitigation measures may include as little as recording the resource with the California Archaeological Inventory database or as much as excavation, recordation, and preservation of the sites that have outstanding cultural or historic significance. 3.7-1 (d) During construction, if bone is uncovered that may be human, the California Native American Heritage Commission, located in Sacramento, and the Contra Costa County Coroner shall be notified. Should human remains be found, the Coroner's office shall be immediately contacted and all work halted until final disposition by the Coroner. Should the remains be determined to be of Native American descent, the Native American Heritage Commission shall be consulted to determine the appropriate disposition of such remains. Impact 3. 7-2: Construction-related Cultural Resource Impacts a. Description Project grading could unearth previously unknown cultural resources. b. Mitigation Measures 3.7-2(a) During construction, should previously unidentified cultural resources be discovered during construction of the proposed project, work shall cease in the immediate area until such time as the City can assess the significance of the find and develop mitigation recommendations. the mitigation measures shall include as little as recording the resource with the California Archaeological Inventory database or as much as excavation, recordation, and preservation of the sites that have outstanding cultural or historic significance. C. District Findings The mitigation measures adopted by the Lead Agency and incorporated into the flood control encroachment permit for work within the District's jurisdiction should mitigate any impacts to Cultural Resources associated with activities authorized by any the District's flood control encroachment permits to a less than significant level. 9 Hydrology and Water Quality There are no potentially significant hydrology and water quality impacts associated with the District's issuance of flood . control encroachment permits or real property transactions, with the exception of the impacts outlined below. All other hydrology and water quality impacts associated with the Palmilla Development are the responsibility of the City of Brentwood as the Lead Agency. Impact 3.8-1: Change in Peak Stormwater Flows a. Description- Implementation of the project would add impervious surfaces to the area. b. Mitigation Measures 3.8-1 (a) Prior to issuance of grading permits, the applicant/developer shall submit to the City Engineer and Contra Costa County Flood Control and Water Conservation District (CCCFCWCD) for review and approval a design-level hydrology study prepared by a registered Civil Engineer (State ofl California), including recommended drainage improvements consistent with the City's Master Drainage Plan to the satisfaction of the City Engineer. The design-level study shall also demonstrate that project stormwater flow into Marsh Creek will not exceed pre-development flows, or that Marsh Creek has adequate capacity to serve the project's stormwater runoff. As part of, or in addition to, the developer shall also accept and address the drainage from upstream properties to the satisfaction of the City Engineer. 3.8-1 (b) Design of both the on-site and downstream drainage facilities shall meet with -the approval of both the City Engineer and the CCCFCWCD prior to the issuance of grading permits. 3.8-1 (c) The Developer shall pay the drainage fees as required by CCCFCWCD and the City Engineer prior to issuance of a building permit. 3.8-1 (d) The construction plans shall indicate roof drains emptying into a pipe leading out to the street for the review and approval of the City Engineer and Chief Building Official prior to the issuance of building 10 permits. 3.8-1 (e) The improvement plans shall indicate concentrated drainage flows not crossing sIidewalks or driveways for the review and approval of the City Engineer prior to the issuance of grading permits 3.8-1 (f) 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 not be an undrained depression. Satisfaction of this measure shall be subject to the approval of the City Engineer. c. District Findings The mitigation measures adopted by the Lead Agency and incorporated into the flood control encroachment permit for work within the District's jurisdiction should mitigate any impacts to Hydrology and Water Quality associated with activities authorized by any the District's flood control encroachment permits to a less than significant level. Public Services and Utilities There are no potentially significant Public Services and Utilities impacts associated with the District's issuance of flood control encroachment permits or real property transactions. All Public Service and Utility impacts associated with the Palmilla Development are the responsibility of the City of Brentwood as the Lead Agency. Aesthetics There are no potentially significant Aesthetic impacts associated with the District's issuance of flood control encroachment permits or real property transactions. All aesthetic impacts associated with the Palmilla Development are the responsibility of the City of Brentwood as the Lead Agency. Geology and Soils There are no potentially significant Geology and Soils impacts associated with the District's issuance of flood control encroachment permits or real property transactions. All geology and soils impacts associated with the 11 Palmilla Development are the responsibility of the City of Brentwood as the Lead Agency. Hazards and Hazardous Materials There are no potentially significant Hazards and Hazardous Materials impacts associated with the District's issuance of flood control encroachment permits or real property transactions. All hazards and hazardous materials impacts associated with the Palmilla Development are the responsibility of the City of Brentwood as the Lead Agency. 12 meg.. i California Environmental Quality Act (CEQA) Appendix D NOTICE OF DETERMINA To: ❑ Office of Planning and Research From: City of Br d 1400 Tenth St.,Room 121 Communi evelopment Department J Sacramento,Ca. 95814 104 Oak S OCT 1 8 2005 L Brenhvoo ,Ca. 94513 ®County Of Contra Costa-County Clerk Contra Costa County Clerk's Office S.L. WEIR, COUNTY CLERKCONTRA C =EPUTY_J TY 822 Main St. Martinez,Ca. 94553 BY Subject:Filing of an Notice of Determi ation.in compliance with Section 21108 or 2 of the Pu Resources Code. Project Title Palrnilla (Marseilles)Project and EIR State Clearinghouse Number Contact Person Area Code/Telephone/Extension (if submitted to ClearinghouseH) 2003102062 oward Sword,Director of Community Development. (925)516-5405 Project Location: The project is bordered by the Union Pacific Railroad(UPRR)tracks and Walnut Boulevard on the northeast,Marsh Creek and Griffith Lane on the west,and Dainty)Avenue on the south. In addition Centt2l Boulevard bisects the project site. Y Project Description: The proposed project involves the development of 471 single family detached units and 108 multi-family units for a total of 579 residential units. The multi-family complex would consist of five (5) buildings and would be located along the eastern border of the project site, north of Central Boulevard. Tentative Subdivision Map No. 8729 would subdivide the approximately 78 acres into 471 single family lots and one (1) lot for the 108 multi-family complex and approximately 9 acres for public open space. The project consist of seven (7) distinct neighborhoods, one (1) multi-family neighborhood and six (6) single family neighborhood. Single family lot sizes range from 2,000 to 9,000 sq. ft. depending upon the neighborhood. ! This is to advise that the City of Brentwood has approved the above described (Lead Agency ori Responsible Agency) project on February 22,2005 and has made the following determinations regarding the above described project: (Date) 1. The project ❑will N will not] have a significant effect on the environment. 2. N An Environmental ImpacIt Report was prepared for this project pursuant to the provisions of CEQA. ❑A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [® weIre❑were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations [❑was N was not]adopted for this project. 5. Findings were made pursuant to the provisions of Section 15091 of the CEQA Guidelines. This is to certify that the final EIR with col ents and responses and record of project approval is available to the General Public at: Community Development Department of the City of Brentwood, 104 Oak St.Brentwood,Ca.94513 I Date for filing and posting at OPR: r F1.1 Si u is Agency) ;Ii j j Title �j OCT 2 4 2005 %UMV.'',:-W Y DEVIELOPfJEf4T DEPT. OZ1G2� L RECEIVE FE2 2 2 2QQ5 RESOLUTION NO. 04-84 by RJA _ PL5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRENTWOOD CERTIFYING THE( FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING A MITIGATION MONITORING AND REPORTING PLAN FOR THE MARSEILLES PROJECT LOCATED NORTH OF CENTRAL BOULEVARD, WEST OF THE UNION PACIFIC RAILROAD TRACKS AND EAST OF GRIFFITH LANE. WHEREAS, the applicant has applied for the following approvals for the Marseilles Project: 1. Rezone roughly 20 acres from R-1-6 Single Family Residential to PD-44; 2. Planned Development No. 44 Amendment to add development standards for the Marseilles Project; 3. Tentative Subdivil ion Map Approval; and 4. Design and Site Development Review and Approval. WHEREAS, the applicant has applied for approval of the site plan for the Project, which would generally include residential, recreational center, parks, and open space, and; WHEREAS, the City of Brentwood determined that an Environmental Impact Report (EIR) should be prepared to analyze both the potential impacts and any necessary mitigation measures for the Marseilles Project; and WHEREAS, the EIR evaluates impacts, mitigation, and alternatives at the project level for the Marseilles project; and; WHEREAS, a Notice of Preparation was circulated per CEQA prior to preparation of the EIR; and WHEREAS, a Draft EIR was prepared per CEQA, and all comments in response to the NOP were incorporated into the Draft EIR; and WHEREAS, the Draft EIR has been circulated to the State Clearinghouse, all relevant agencies and interested parties for a 45 day public comment period, per CEQA; and WHEREAS, all comments received during the public comment period and written responses to those comments, taken together with the Draft EIR, constitute the Final EIR, per CEQA; and WHEREAS, the City has prepared a Final Environmental Impact Report ("FEIR"), July 2004, State Clearinghouse No. 2003102062, for the Project which consists of the Marseilles Project Draft Environmental Impact Report, February 2004, State Clearinghouse No. 2003102062, which analyzes and evaluates the project in accordance with the requirements of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq, and; WHEREAS, the City,has prepared a Mitigation Monitoring and Reporting Plan ("MMRP") which includes the mitigation measures proposed for adoption as conditions of approval to the Marseilles Project, and; WHEREAS, on January 18, 2005, the Planning Commission held a duly noticed public hearing to consider; 1. Certification of thi FEIR, 2. Adaption of the MMRP, 3. Recommendatio I of the Planned Development No. 44 Amendment and the Rezone of roughly 20 acres from R-1-6 Single Family Residential to PD-44 to the City Council for the Mi rseilles project; 5. Design and Site Development Review and Approval and Tentative Map Approval for the Marseilles project, and; WHEREAS, after cl nsideration of the record in these proceedings, including the testimony, exhibits and materials presented at the hearing, the Planning Commission hereby makes the following findings I and takes the following actions: 1. The foregoing recitals are true and are incorporated herein by this reference. 2. The Planning Commission has reviewed and considered the FEIR. The FEIR reflects the independent judgment and analysis of the Planning Commission. The Planning Commission hereby certifies that the FEIR is adequate and objective and complies with CEQA. 3. The Planning Commission has reviewed and considered the FEIR.as a part of its review of each of the Project applications described above. These findings —and the FEIR, incorporated herein by this reference — summarize the environmental determinations of the FEIR about project impacts before and after mitigation and the potential impacts of alternatives. These findings do not attempt to describe the full analysis of each environmental impact contained in the FEIR. Instead, these findings, provide a summary description of the impacts, describe the applicable mitigation measures identified in the FEIR and adopted by the Planning Commission, and state the Planning Commission's findings on the significance of each impact after imposition of the adopted mitigation measures. A full explanation of the environmental findings and conclusions can be found in the FEIR and these findings incorporate by reference the discussion, analysis and conclusions in the FEIR supporting the FEIR's determinations regarding mitigation measures and the project's impacts. In making these findings, the Planning Commission ratifies, adopts and incorporates in these findings the determinations and conclusions of the FEIR relating to mitigation measures and environmental impacts, except to the extent any such determinations or conclusions are specifically and expressly modified by these findings. In the event these findings omit or fail to accurately reflect the FEIR's analysis of an environmental impact, the language of the FEIR as set forth in the FEIR shall control, unless that language has been specifically and expressly modified by these findings. 4. The FEIR identifies the potentially significant environmental effects associated with the Project and Iproposes mitigation measures to avoid or substantially lessen potentially significant effects. These potential environmental impacts from the proposed project Iare set forth in the DER and the FEIR. The DER and FEIR identifies the potential environmental impacts of the proposed project and identifies the level of significance of each impact prior to mitigation as either No impact; a Less Than Significant Impact; a Beneficial Impact; a Potentially Significant Impact, or a Significant Impact[ 5. The FEIR identifies mitigation measures for those impacts that are potentially significant so as to avoid or minimize the impact. Those mitigation measures are " likewise identified fin DEIR. The FEIR identifies the mitigation measures designed to address each potentially significant or significant impact, describes the nature of each measure, and the identifies whether, after mitigation, the impact will be reduced to a Less Than Significant level or remains a Significant and Unavoidable Impact. The mitigation measures included in FEIR are also included in the MMRP. 6. The Planning Co i mission hereby adopts all of the mitigation measures set forth in the FEIR relating to the Marseilles project. The Planning Commission intends to adopt each of they mitigation measures proposed in the FEIR for which the City is identified in the MMRP as a responsible party. In the event a mitigation measure recommended in the FEIR for which the City is a responsible party has inadvertently been omitted, said mitigation measure is hereby adopted and incorporated in the findings below by reference. In addition, in the event the language of the mitigation measures set forth in FEIR and relating to the Marseilles project fails to accurately reflect the mitigation measures in the FEIR due to a clerical error, the language of the mitigation measure as set forth in the FEIR shall control, unless the language of the mitigation measure has been specifically and expressly modified by these findings. 7. In several comments on the Draft EIR, various measures were suggested by commenters as proposed additional mitigation measures or modifications to the EIR's proposed mitigation measures. Several mitigation measures were modified in response to such comments and other mitigation measures were added to the Final EIR in response Ito such comments. With respect to the additional mitigation proposals contained in comments that were not accepted by the FEIR, the Planning Commission heretiy adopts and incorporates by reference the reasons set forth in the response to comments contained in the FEIR as its grounds for rejecting adoption of these mitigation measures. 8. Except as expressly determined to the contrary below, the mitigation measures proposed in the FEIR and included in the MMRP will avoid or reduce to a less than significant level all of the potentially significant environmental effects identified in the FEIR. Each of the mitigation measures either requires specific action, or establishes performance standards which must be met. Where performance standards are established for a I particular effect, the FEIR identifies one or more alternative measures, each of which has been demonstrated through use in the City of Brentwood and elsewhere to reduce the effect to a less than significant level. For those mitigation measures relating to the Marseilles project containing performance standards, these performance standards are imposed by the Planning Commission. However, through the MMRP, the Commission has delegated authority to monitor compliance with the performance standards to appropriate City staff. 9. All of the mitigation measures relating to the Marseilles project are capable of implementation and enforcement by the City of Brentwood. 10. The Planning Cc mmission hereby adopts the MMRP. Compliance with all of the mitigation measures identified in FEIR relating to the Marseilles project will be included in the Project conditions of approval. All significant environmental effects except as identified below will therefore be reduced to an acceptable level in that all such effects that can feasibly be avoided will be avoided or reduced to a level of insignificance. 11. The FEIR also evaluates and evaluates and compares alternatives to the Marseilles project. The alternatives analysis includes an analysis of a No Project Alternative and identifies the lenvirohmentally superior alternative. The Draft EIR examined the feasibility of each lalternative, the environmental impacts of each alternative, and the ability of each alternative to meet the project objectives identified in Sections 5-1 of the Draft EIR. 12, The Planning Commission has independently reviewed and considered the information on alternatives provided in the FEIR and the record of proceedings. The FEIR sets forth a 'reasonable range of feasible alternatives to the Marseilles project sufficient to foster informed public participation and informed decision making and to permit a reasoned choice. This Commission further finds that the FEIR adequately discusses and evaluates the comparative merits of the alternatives. 13. The EIR evaluates and considered the following alternatives: a. Alternative 1: No Project, No Development Alternative b. Alternative 2: 1 ow Density Alternative c. Alternative 3: High Density Alternative 14. Because it would Esult in no changes to the Marseilles project site would leave those lands in their current vacant and undeveloped state, the No Project, No Development Alternative (Alternative 1) would result in no potentially significant impacts. However) the No Project, No Development Alternative also would not meet any of the project objectives identified in the Draft EIR. The proposed project is superior to the No Project, No Development Alternative because it would fulfill the many project objectives that the No Project alternative cannot achieve. The proposed project would help Brentwood to meet its fair share of housing needs, provide a mix of housing types, and provide for urban development within the Urban Limit Line. 15. The Low Density Alternative (Alternative 2) would result in a lower density residential . development that would provide less housing than the proposed project, including no multi-family residences apartments. Because it would require similar amounts of grading and constrluction as the proposed project, Alternative 2 would result in impacts similar to those from the proposed project as to many resources. Yet Alternative 2 would not satisfy many of the project objectives identified in the Draft EIR. it would provide a narrower range of housing types than the proposed project and would not include multi-family residences. The proposed project is superior to Alternative 2 because, with mitigation, it does not result in substantially greater environmental impacts than would Alternative 2, yet it meets more of the project objectives than Alternative 2. It provides a greater range of housing for various income levels. 16. The High Density Alternative (Alternative 3) would still develop the project site, but in accordance with the highest density of residential units allowed on the project site under the currentlGeneral Plan Land Use Designations. Using the designations and densities set forth by the General Plan, under the High Density Alternative, the project site could be developed with 834 residential units, a central park and swimming pool and open space and trails bordering the site. 17. The FEIR determined ined that the Low Density Alternative (Alternative 2) was the environmentally superior alternative.. However, the Low Density Alternative would not satisfy the project objectives and therefore is not feasible. 18. Setting aside t�e Low Density Alternative, the proposed project is the environmentally superior alternative. Each of the remaining alternatives has some potential environmental advantages when compared to the proposed project and each also has some potential environmental disadvantages when compared to the project, as described in the EIR. As under the proposed project, the operational and cumulative air quality impacts under each of the alternatives would be significant and unavoidable. On the whole, for the reasons discussed above and for the reasons stated in the EIR, none of the alternatives has sufficient environmental advantages when compared to the project as proposed to overcome: (a) the relative infeasibility of the alternative;) and/or (b) the inability of the alternative to satisfy the project objectives to the same extent as the proposed project. 19. The documents and other materials that constitute the record of proceedings on which the Planning Commission has based these findings and this resolution are located at the Community Development Department, 104 Oak Street, Brentwood, California 94513. The custodian of these documents is the Community Development Director. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Brentwood: 1. Certifies the FEIR; 2. Adopts the MMRP; 3. Recommends that the City Council certify the FEIR, adopt the MMRP for the Marseilles Project. PASSED by the Planning Commission of the City of Brentwood at its regular meeting on the 181'day of January, 2005, by the following vote: AYES: Chairman Becnel, Commissioners Douglas and Shipley NOES: Commissioner i Padgett ABSENT: ABSTAIN: Commissioner Schults APPROVED: CHRIS BECNEL, CHAIRMA .- ATTEST: _ATTEST: MICHAEL LEANA, CHIEF OF PLANNING