STANISLAUS COUNTY PLANNING COMMISSION STAFF REPORT

Transcription

1 STANISLAUS COUNTY PLANNING COMMISSION STAFF REPORT GENERAL PLAN AMENDMENT APPLICATION NO , COMMUNITY PLAN AMENDMENT APPLICATION NO , VESTING TENTATIVE SUBDIVISION MAP APPLICATION NO HACKLER / CLABAUGH (HIDEAWAY TERRACE) REQUEST: TO CHANGE THE GENERAL PLAN DESIGNATION AND THE COMMUNITY PLAN DESIGNATION OF SUBJECT PROPERTY FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDR), AND TO CREATE 15 LOTS, RANGING IN SIZE FROM 6,000 TO 11,500 SQUARE FEET IN A R-3 (MULTIPLE FAMILY RESIDENTIAL) ZONING DISTRICT, IN THE DENAIR AREA. APPLICATION INFORMATION Owner/Applicant: Nick & Jill Hackler / John & Connie Clabaugh Agent: Nick Hackler Location: Northeast corner of N. Waring Road and E. Monte Vista Avenue, on the west side of Denair Section, Township, Range: Supervisorial District: Two (Supervisor Mayfield) Assessor s Parcel: Referrals: See Exhibit "H " Environmental Review Referrals Area of Parcels: 4.61 acres Water Supply: Denair Community Services District Sewage Disposal: Denair Community Services District Existing Zoning: R-3 (Medium High Density Residential) General Plan Designation: Existing: Medium Density Residential Proposed: Medium High Density Residential Community Plan Designation: Existing: Estate Residential Proposed: Medium High Density Residential Environmental Review: Mitigated Negative Declaration Present Land Use: Open land Surrounding Land Use: Mobile home park to the north, row crops and Denair High School to the east, a church and vineyard to the south and ranchettes to the west.

2 GPA , CPA , TM Staff Report Page 2 COMMUNITY PLAN / GENERAL PLAN / ZONING BACKGROUND Stanislaus County has adopted Community Plans for most of the unincorporated towns in the County. These plans outline the future growth patterns of the town. Each plan is used in conjunction with the General Plan to indicate the desired land use vision for the town. Any request for a general plan amendment or rezoning of the property must be generally consistent with the proposed use category on the Community Plan map and the Community Plan. Community Plans in turn must, on a whole, be consistent with the overall County General Plan. As such, any amendment to a community plan must be found to be consistent with the County General Plan. In December of 1998 the Board of Supervisors adopted an updated Community Plan for the unincorporated town of Denair, some four years after adoption of the 1994 Stanislaus County General Plan, the version still in use today. Approval of the plan followed months of preparation, including two well-attended workshops for community input held in Denair itself. The plan was adopted by the Board of Supervisors with no opposition whatsoever from anyone in the community. It stands as the most updated vision of the town s future. The plan developed and adopted by the community is one that called for only a limited amount of future development. Unlike, for example Salida and Keyes, where Community Plan Updates resulted in plans which called for significant development beyond traditional town boundaries, plan update participants in Denair focused on preservation of the small town character, and on creating a plan which did not allow development to extend beyond the then current sphere of influence of the Denair Community Services District (CSD). Even within the CSD sphere, in some areas the Plan calls for reduced residential densities from those that were allowed previously. The Denair Community Plan is now included as a part of the overall Stanislaus County General Plan and Commissioners may review it there. The Denair Community Plan designation for this project property is Estate Residential (ER) which allows residential building intensities not to exceed one unit per three acres. Building intensity is normally zero to one unit per three acres. The text of the land use element (page 1-19) states the ER designation is appropriate for use with the R-A (Rural Residential) zone. The ER designation was used extensively on the northerly, easterly and westerly edges of Denair. This was done to express the community desire to have ranchette type uses on its fringes, buffering the town from surrounding farm land and from the City of Turlock. It also was to lower the amount of residential development which might otherwise have occurred under the pre-1988 Denair Community Plan. The Land Use Element map contained within the General plan was adopted previously in 1988, with this designation having been placed there some fifteen years prior. The over-all General Plan was last reviewed and adopted by the Board of Supervisor in A key part of that review however, was that no changes whatsoever were made to the land use designations which were then in effect throughout the County. There were a number of text changes to the plan, but no maps were modified. This means the current Medium Density Residential (MDR) designation has been if effect long before the current community plan was approved by the Board of Supervisors. The MDR designation allows a residential building intensity of zero to 14 units per net acre. According to the County General Plan (page 1-20) the R-2 (Medium Density Residential) zone would be consistent with this plan designation.

3 GPA , CPA , TM Staff Report Page 3 The 4.61 acre parcel for which this project is planned is zoned R-3 (Medium High Density Residential). The R-3 zoning was first placed on the property, and on the land occupied by the adjacent mobile home park in October of The proper General Plan Land Use Element designation for R-3 zoning, as indicated on Land Use Element page 1-21, is Medium-High Density Residential (MHDR). The current general plan designation of MDR and community plan designation of ER are both inconsistent with the R-3 zone. The R-3 zone itself allows for the highest residential housing concentration of any zone in the Stanislaus County Ordinance Code, up to 25 units per net acre. Furthermore, to develop land at such density, for example an apartment house or dwelling group, no discretionary County approval is needed provided there is sewer and water available to the site. These multiple family uses are permitted outright in the R-3 zone. This is NOT what is being proposed here, but the fact the land is indeed already zoned R-3 does effect our review and recommendation as will be discussed below. PROJECT DESCRIPTION This is a project with three basic kinds of approvals required. The requests are: Amend the Land Use Element Map of the County General Plan from Medium Density Residential (MDR) to Medium High Density Residential (MHDR) to be consistent with the current R-3 zoning. Amend the Denair Community Plan Map portion of the General Plan from Estate Residential (ER) to Medium High Density Residential (MHDR) to be consistent with the requested general plan land use designation. Approve a Vesting Tentative Subdivision Map to allow the creation of 15 single family residential lots, ranging in size from 6,000 to 11,500 square feet, accessed by a new cul-desac road, served by public sewer and water, along with a heavily landscaped drainage basin. Approved lots will be made available for construction of custom homes. The key project for all involved is the third one listed, the tentative map. Despite the R-3 zoning, and the large number of residential units it allows, these applicants have had the same vision for this property since the time they purchased and drew up the tentative map for it. Applicants envision this as a gateway of sorts into Denair. East Monte Vista Avenue is indeed a heavily traveled route to and from town in a westerly direction. These applicants wish to create a subdivision with an attractive view as people come and go past the site. This will be accomplished not only through the low density (roughly four units per acre) of the residential project with its custom homes, but also through the creative design and placement of the on-site storm water drainage basin which will be heavily and attractively landscaped (see illustration in Exhibit A ). A tree planting plan is also included as part of Exhibit A. Both public water and sewer service will be provided by the Denair Community Services District. Project proponents will be responsible for construction of any improvements needed to provide sewer and water service to the project area

4 GPA , CPA , TM Staff Report Page 4 Full street improvements, including curb, gutter and sidewalk will be installed. On the south side of the site is planned a seven foot textured and painted Renaissance-stye design concrete sound wall where the project will be in permanent public view. The northerly side, abutting an existing open chain link wall on the mobile home park s south end, and the easterly wall, which abuts land zoned R-A (Rural Residential) presumably which eventually will be developed into residences, will both have seven foot high, engineered wooden walls. Applicants have indicated that there will be CC&Rs to provide for minimum lot sizes, landscaping and other features designed to ensure the character of the project meets the goals of the applicants. SITE & AREA DESCRIPTION The project site itself is located on the existing westerly edge of the town of Denair. As such the area still has a large amount of farmland in the area surrounding the project site. The general area includes a combination of open land, farmland, ranchettes, the aforementioned mobile home park, and a church, along with farm land to the south. The area on the east side of N. Waring Road is within the area planned for growth by the Denair Community Plan, while land west of Waring is designated and planned for long term agriculture by the County General Plan. Waring is also the western edge of the Sphere of Influence of the Denair Community Service District eventual service area. The land in the project area is level but due to its size has limited value for agriculture. It is now open ground. ENVIRONMENTAL REVIEW The environmental review for this project was based to some extent on that done for the Denair Community Plan Update. That plan was the subject of a Mitigated Negative Declaration, following an extensive analysis which included preparation of a detailed constraints analysis and adoption of a Mitigation Monitoring and Reporting Program (MMRP). Projects within the Community Plan area, including this one, are required to be developed in compliance with this MMRP. Those documents are available for review in the Planning Department office. This project was referred to responsible agencies and interested parties as a normal part of the project review and environmental review process. It was done twice, at the Early Consultation and the Initial Study circulation periods. The project mitigation measures listed in the MMRP, as well as many recommended project conditions have been placed on this project as a direct result of that process and the concerns and recommendations expressed in responses received. The MMRP has been agreed to by the proponents. As frequently occurs with our projects, we do receive suggested conditions which for one reason or another cannot be met. In this instance, both Caltrans and the City of Turlock have requested impact fees, but neither have presented any supporting traffic data, in the form of traffic numbers, costs and project share. Caltrans request was for impacts to the Highway 99 / Monte Vista Avenue Interchange. While this project is not within the Turlock Sphere of Influence, unspecified fees are requested to address intersections in the Turlock area by the City. Turlock recognizes the need for a cooperative endeavor to accomplish this, (and we might suggest Caltrans participation as well) but at this time the comments are premature at best.

5 GPA , CPA , TM Staff Report Page 5 DISCUSSION As hopefully can be surmised from the staff report thus far, the Number One goal of the project proponents is to receive approval of this vesting tentative subdivision map to create 15 lots on 4.61 acres of R-3 zoned property on the edge of Denair. The irony of this request is that while they could build up to 25 units of multiple family residential units per net acre of ground without needing any discretionary approvals from this county, such approval is needed to create the 15 separate lots. This approval is necessary because the State Subdivision Map Act and County Subdivision Regulations do not allow approval of a tentative map if it is not consistent with the general plan. This requirement, in the form of a finding of the sort the Commission must make on all parcel and tentative subdivision maps, is the reason this application includes not only the tentative map, but the general plan and community plan amendments as well. It is that simple. Getting through those changes, however, is not quite as simple. Below we have provided discussion of the issues associated with each change, and why we are recommending the Planning Commission make those changes. Both the General Plan and Denair Community Plan Designation amendment requests would change from what they are presently to identical Medium-High Density Residential. These in turn, as was discussed early in the report, will be consistent with the R-3 zone. With that consistency, staff believes all the appropriate tentative map findings can be made and the map approved. PLANNING CONSIDERATIONS The following comparison is made between the General Plan, the Denair Community Plan and the proposed subdivision project. The related plan language shall be considered in evaluating proposals to amend the General Plan to avoid land use conflicts which have developed in the past, and which should be avoided in the future. The consistency of a land use proposal is viewed in light of the jurisdiction s entire General Plan. In this regard, the Office of Planning and Research has provided the following explanation of consistency: "Having reviewed court cases involving the question of consistency and conformity, the State Attorney General opinioned that, "Apparently, the term consistent with is used interchangeably with conformity with means agreement with; harmonious with. Webster defines conformity with as meaning harmony, agreement when used with with. The term conformity means in harmony herewith or agreeable to (see 58 Cals.Ops.Atty.Gen. 21,25 (1975). Based on the wording of the law and various legal interpretations, a general rule for consistency determinations can be stated as follows: An action, program, or project is consistent with the General Plan if, considering all its aspects, it will further the objectives and policies of the General Plan and not obstruct their attainment. Thus, an "exact match" is not needed between a project and a General Plan, but rather there must be "agreement or harmony" between a project and a General Plan. Greenebaum v. City of Los Angeles (1984) 153 Cal. App. 3d 391,406. Ultimately, the Board of Supervisors has the final authority and will exercise its discretion to determine whether the project "furthers" the objectives and policies of the General Plan.

6 GPA , CPA , TM Staff Report Page 6 At the time in December of 1998 the updated Denair Community Plan was adopted by the Board of Supervisors, the Denair Plan was found to be consistent with the overall County General Plan. When adopted, the Community Plan was seen as a vision created with community input as to how the town should develop in the future. Thus it has land use map designations, such as in this case, where the Denair Community Plan is different from the County General Plan Land Use Element designation. With the Community Plan being adopted some four years after the 1994 General Plan, it serves as the most up-to-date statement as to the Board of Supervisor s idea of how the town should develop. Since that time the Board of Supervisors has directed staff to make every attempt to enforce any community plan as literally as possible. This statement came following a hearing on an R-A (Rural Residential) zoned subdivision project in the Del Rio area. In that case, there was a density conflict between the General Plan and Community Plan designations, although both were consistent with the project site zoning. The Board, in rejecting a tentative map to develop the site at the higher general plan density, instructed staff to follow the lower density Del Rio Community Plan designation. A subsequent tentative map, at a density approximately half that of the earlier, rejected map, which this time was consistent with the Del Rio Community Plan was later approved. In this case, as we have discussed, before the subdivision map can be approved, both the community and general plan maps must be changed. Staff supports the project, and given the existing R-3 zoning recognizes that some form of development of this land is inevitable. This low density, single family residential project is certainly in keeping with the over-all goals of the citizens of Denair who supported creation and adoption of the current plan which calls for preservation of the small town atmosphere and reduction of the formerly allowable number of residences permitted within the plan boundaries. Since the entire project hangs largely on this consistency issue, we will focus on that element of plan consistency. In order to hopefully make what is to a large extent a technical planning oriented issue as straightforward and readily understandable as possible, we ll use the same project descriptions as we did above: Amend the Land Use Element Map of the County General Plan from Medium Density Residential (MDR) to Medium High Density Residential (MHD) to be consistent with the current R-3 zoning. This property was zoned R-3 at the time of adoption of MDR on the land use element map. However, at the time that was done, in the early to mid 1970s, MDR and R-3 were consistent with one another. The reason for this was the various general plan designations were not, at that time, as detailed as it as now regarding exact matching zone, compatible building intensity and population density. Indeed there are other such mismatched parcels scattered around the county. Because the R-3 zoning is a given here, and can be developed as it is, we recommend this general plan amendment to make the general plan and zoning consistent with one another.

7 GPA , CPA , TM Staff Report Page 7 Amend the Denair Community Plan Map portion of the General Plan from Estate Residential (ER) to Medium High Density Residential (MHD) to be consist with the current general plan land use designation. Consistency issues here are largely the same as above, because the Denair Community Plan is a part of the Stanislaus County General Plan. To approve the map it is best, though not absolutely essential, as mentioned at the beginning of this section, for both to be the same. And since both must be changed in any event, as neither match the R-3 zone it only makes sense they be the same. With regard to the Board directive that Community Plan designations be enforced literally, we believe in this case the R-3 zone, with its ministerial entitlements is the determining factor. Unlike Del Rio, where both the community and general plans were consistent with the map, causing the Board made a decision to follow one plan or the other, here, neither are consistent. At Del Rio no more than two homes could have been built on the subject R-A parcel, while in this instance up to 25 units per net acre are permitted, which is a huge difference. As mentioned a few paragraphs earlier, staff feels this project will compliment the overall goals and policies of the Denair Plan where the Del Rio map would have doubled the number of units called for with little or no enhancement such as the low density use of this R-3 zone brings toward meeting the overall community plan. Here again, staff recommends, that at least in this case, for the reasons given, the Commission recommend approval of this requested community plan change. Approve a Vesting Tentative Subdivision Map to allow the creation of 15 single family residential lots, ranging in size from 6,000 to 11,500 square feet, accessed by a new cul-desac road, served by public sewer and water, along with a heavily landscaped drainage basin. Approved lots will be made available for construction of custom homes. If the Commission is in support of the first two items above, there is little more to say here. The changes to MHD will be consistent with the R-3 zoning, and the tentative map falls within the allowable building intensity. As will be discussed next, we believe all needed findings can be made. FINDINGS With environmental impacts mitigated to insignificant levels, the keys to approval or denial of this general plan / community plan amendment become the land use issues. To evaluate this plan change we discuss the goals and policies, or other key language within the General Plan, as adopted by the Board of Supervisors. We must also look at other findings required by the Board for approval of General Plan changes. The proposed tentative map then must be consistent with the General Plan as it is subject to its own set of findings. In making a recommendation on this proposal, the views of all parties should be considered. Commissioners should refer to their General Plans, including the Denair Community Plan, to ensure to their own satisfaction that we have left no outstanding issues. The specific findings needed for each action are listed in the Recommendation section below. As we have seen, staff feels the appropriate findings can be made, and will so recommend.

8 GPA , CPA , TM Staff Report Page 8 FINDINGS REQUIRED FOR APPROVAL General Plan & Community Plan General Plan amendments affect the entire County and any evaluation must give primary concern to the County as a whole, therefore, a fundamental question must be asked in each case: "Will this amendment, if adopted, generally improve the economic, physical and social well-being of the County in general?" Additionally, the County in reviewing general plan amendments, shall consider the additional costs to the County that might be anticipated (economic, environmental, social) and how levels of public and private service might be affected. In each case, in order to take affirmative action regarding the general plan amendment application, it must be found that: 1. The general plan amendment will maintain a logical land use pattern without detriment to existing and planned land uses. 2. The County and other affected governmental agencies will be able to maintain levels of service consistent with the ability of the governmental agencies to provide a reasonable level of service. In the case of a proposed amendment to the diagram of the Land Use Element, an additional finding must be established: 3. The amendment is consistent with the General Plan goals and policies. These findings are established by Board of Supervisors policy for processing general plan amendments. We believe we can quickly agree that all three of these can be met. There is no evidence that the project would adversely impact provisions of services, and it makes changes to land use patterns that are consistent with the recently approved plan for the community. The referral process did not generate any comments or concerns that services could not be made available. The land use proposed seems reasonable and logical for this location, especially given its design and amendments. With the earlier portions of this report in mind, we have no difficulty in concluding the project is consistent with overall General Plan goals and policies. Despite the small change (4.61 acres) to the Denair Plan, it does, in our view, support the main goals of that plan as well. Commissioners will, of course, reach their own conclusions in this regard. Tentative Map Findings Below are the Map Act / Subdivision Ordinance findings pertaining to approval of tentative subdivision maps. Unlike most findings, in this case you must disapprove the maps if any of the listed finding can be made. In the case of this project, we believe the evidence already presented makes it clear that none of the findings requiring disapproval can be made. The maps are consistent with the requested General Plan and Community Plan amendments, as are the subdivision design elements. Density and type of development are appropriate, and there are no substantial environmental impacts from the project, nor can we conceive of any health related issues.

9 GPA , CPA , TM Staff Report Page 9 The Commission must find that none of the findings requiring denial of a tentative map can be made: A. That the proposed map is not consistent with applicable general and specific plans; B. That the design or improvements of the proposed subdivision is not consistent with applicable general and specific plans; C. That the site is not physically suitable for the type of development; D. That the site is not physically suitable for the proposed density of development; E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; F. That the design of the subdivision or type of improvements is likely to cause serious public health problems; G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. RECOMMENDATION Based on the entirety of the evidence on the record, and on this staff report and its attachments, and on the Denair Community Plan, staff s position is that the Commission should recommend that the Board of Supervisors: 1. Find that the project has been processed in compliance with the California Environmental Quality Act and based on the Initial Study and Mitigation Monitoring Plan, order the filing of a Mitigated Negative Declaration. 2. Find that the proposed general plan amendment is consistent with the overall goals and policies of the Stanislaus County General Plan and with the overall plan as well, and with the Denair Community Plan. 3. Find the project to be De Minimis for purposes of Fish and Game Codes.

10 GPA , CPA , TM Staff Report Page Approve General Plan Amendment No Find that the proposed community plan amendment is consistent with the overall goals and policies of the Stanislaus County General Plan and with the overall plan as well, and with the Denair Community Plan. 6. Approve Community Plan Amendment No Find that the project will intensify use of the site, thereby necessitating dedications and improvements. 8. Find that none of the Tentative Map Findings that would preclude approval of these maps can be made. 9. Approve Vesting Tentative Map No Hackler / Clabaugh (Hideaway Terrace) to the attached Mitigation Monitoring Plan, Development Standards and Conditions of Approval. ****** Report written by: Bob Kachel, Planner, November 15, 2005 Attachments: Exhibit A - Maps Exhibit B - Conditions of Approval Exhibit C - Initial Study Exhibit D - Mitigation Monitoring Plan Exhibit E - Mitigated Negative Declaration Exhibit F - Certificate of Fee Exemption Exhibit G - Misc. Correspondence Exhibit H - Environmental Review Referrals As reviewed by: Ron E. Freitas, Director I:\Staffrpt\GPA\2005\GPA , CPA , TM Hackler-Clabaugh Hideaway Terrace\Staff Report.wpd

11 AS AMENDED BY THE PLANNING COMMISSION DECEMBER 1, 2005 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT APPLICATION NO , COMMUNITY PLAN AMENDMENT APPLICATION NO , VESTING TENTATIVE SUBDIVISION MAP APPLICATION NO HACKLER / CLABAUGH (HIDEAWAY TERRACE) Planning and Community Development 1. The final recorded map shall contain the following statement: Many procedures normal and necessary to the operation of agricultural uses such as field crops, vineyards, orchards, dairy and poultry farms and feed lots result in noise, odor, dust, spraying, irrigation or other potentially detrimental effects to residential use of adjacent properties. All persons purchasing lots within the confines of this approved map for the purpose of establishing residence should investigate the likelihood of such conflicts. (Chapter 9.32 of the Stanislaus County Ordinance Code) 2. Should any archeological or human remains be discovered during development, work shall be immediately halted within 150 feet of the find until it can be evaluated by a qualified archaeologist. If the find is determined to be historically or culturally significant, appropriate mitigation measures to protect and preserve the resource shall be formulated and implemented. 3. The developer shall pay all applicable Public Facilities Impact Fees and Fire Protection Development/Impact Fees as adopted by Resolution of the Board of Supervisors. For the Public Facilities Impact Fees, the fees shall be based on the Guidelines Concerning the Fee Payment Provisions established by County Ordinance C.S. 824 as approved by the County Board of Supervisors, and shall be payable at the time determined by the Department of Public Works. 4. The subdivider is required to defend, indemnify, or hold harmless the County, its officers and employees from any claim, action, or proceedings against the County to set aside the approval of the map as set forth in Government Code Section The County shall promptly notify the subdivider of any claim, action, or proceeding to set aside the approval and shall cooperate fully in the defense. 5. Prior to the issuance of the Notice of Determination, the applicant shall pay, within five working days of Planning Commission approval, a filing fee of $50.00 to Stanislaus County Clerk/Recorder care of the Planning Department. Should the "De Minimis" finding be found invalid for any reason, the applicant/developer shall be responsible for payment of Department of Fish and Game Fees.

12 GPA , CPA , & TM Conditions of Approval Page 2 6. Pursuant to Section 404 of the Clean Water Act, prior to construction, the developer shall be responsible for contacting the US Army Corps of Engineers to determine if any "wetlands, "waters of the United States, or other areas under the jurisdiction of the Corps of Engineers are present on the project site, and shall be responsible for obtaining all appropriate permits or authorizations from the Corps, including all necessary water quality certifications, if necessary. 7. Pursuant to the federal and state Endangered Species Acts, prior to construction, the developer shall be responsible for contacting the US Fish and Wildlife Service and California Department of Fish and Game to determine if any special status plant or animal species are present on the project site, and shall be responsible for obtaining all appropriate permits or authorizations from these agencies, if necessary. 8. Pursuant to Section 1600 and 1603 of the California Fish and Game Code, prior to construction, the developer shall be responsible for contacting the California Department of Fish and Game and shall be responsible for obtaining all appropriate streambed alteration agreements, permits or authorizations, if necessary. 9. Pursuant to State Water Resources Control Board Order DWQ and National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000002, prior to construction, the developer shall be responsible for contacting the California Regional Water Quality Control Board to determine if a "Notice of Intent" is necessary, and shall prepare all appropriate documentation, including a Storm Water Pollution Prevention Plan (SWPPP). Once complete, and prior to construction, a copy of the SWPPP Pollution Prevention Plan shall be submitted to the Stanislaus County Department of Public Works. 10. All materials brought or used at the construction site shall be kept in a secure state on that site and not be permitted to blow or otherwise become a nuisance to the surrounding area. 11. A copy of these Conditions of Approval and Mitigation Monitoring Plan shall be recorded at the applicant s expense with the County Recorders Office within 30 days of project approval. (Standard condition) 12. Any required landscaping plan shall be reviewed by the Stanislaus County Agricultural Commissioner s Office prior to installation of any landscaping and include plan species and identification of the plants origin. Said review is necessary to help stop the spread of the Glassy-winged Sharpshooter, an injurious insect to agriculture, which can enter our Cunty on the leaves of landscape plants. 13. Provisions shall be made within the Waring Road frontage right-of-way of this project for the eventual construction of the Class II Bike Trail as called for in the Denair Community Plan (page 1-60) as shown on the Denair Community Plan Map.

13 GPA , CPA , & TM Conditions of Approval Page 3 Department of Public Works 14. A complete set of on and off site grading, drainage and street improvement plans shall be signed by the Department of Public Works prior to the final map being recorded. Monte Vista Avenue, Waring Road and Haven Way shall be designed and constructed in conformance with the standards contained in the 1998 edition of the Stanislaus County Improvement Standards. The improvements shall include, but not be limited to, street pavement, concrete curb and gutter, sidewalks, street lights, drainage facilities, pavement markings, and road signs. Sufficient right-of-way on Waring Road shall be deeded to Stanislaus County to comply with the County standard for a "Typical Intersection of a Major/Collector", Plate 3-K, for the Waring/Monte Vista intersection. The improvements shall also include a handicap ramp at the Waring/Monte Vista intersection. National Geodetic survey vertical (elevation) datum shall be used. If available, 1988 data shall be used. 15. Traffic generated from the proposed project meets a warrant for a left turn pocket at the Waring /Monte Vista intersection. As such, the developer shall pay for and install left turn pockets at the Waring/Monte Vista intersection as part of the subdivision improvements. The left turn pockets shall have a minimum storage of 100 feet. The existing centerline of Monte Vista Avenue may need to be shifted to the north to provide sufficient right-of-way to install the improvement. The left turn pockets shall be installed at the same time as other subdivision improvements and shall be completed prior to final and/or occupancy of any dwelling. These improvements shall be bonded for as part of the subdivision improvements and must be included as part of the approved improvement plans. 16. A positive storm drainage system, conforming to County standards shall be installed. The storm drain basin shall be designed to handle the runoff from a 50-year storm in a 24 hour period. The basin shall be a landscaped open space, as per an approved landscaping plan by the Department of Parks and Recreation and the Department of Planning and Community Development. A 20 foot wide paved or concrete driveway behind the handicap ramp shall be provided to access the storm drain basin. The handicap ramp shall be constructed to a standard to accommodate truck loads. 17. If the basin shown on the tentative map is not of sufficient size to accommodate a 50 -year storm conforming to county standards, the lot shall be enlarged, as needed, to accommodate a basin that does conform to County standards. If a larger basin is required, it could impact lot configurations and the total number of lots in the subdivision. 18. An erosion control plan shall be included in the subdivision improvement plans that provides mitigation measures for erosion and sedimentation control. These measures shall prevent dirt from the subdivision from getting into the road right-of-way and the drainage system. The plan shall be implemented during all phases of development including, but not limited to, grading and dwelling construction. The plan shall also address long term mitigation measures.

14 GPA , CPA , & TM Conditions of Approval Page Road right-of-way shall be dedicated to Stanislaus County and shown on the map to be recorded to provide the following: feet of right-of-way for Haven Way; feet north of the centerline of Monte Vista Avenue; 3. The chord of a 25 foot radius at the Waring Rd/Haven Way intersection; and 4. Sufficient right-on-way on Waring Road to comply with the County standard "Typical Intersection of a Major/Collector", Plate 3-K, at the Waring/Monte Vista intersection. 20. If the subdivision will be phased, all subdivision improvements, including the left turn pockets shall be constructed during the first phase. 21. Haven Way shall be renamed as Haven Court. 22. Street monuments and covers shall be installed to County standards. 23. A fog seal coat shall be applied to all new asphalt in accordance with Caltrans Standard Specifications for Bituminous Seal. 24. Lots 1 and 15 shall be developed such that their primary driveway access is from Haven Way with only secondary access via Waring Road. 25. The storm drain basin shall be shown as a separate lot (Lot A) and dedicated to Stanislaus County on the final map to be recorded. 26. The storm drain basin shall not encroach into the 10 foot wide public utility easements along Monte Vista Avenue and Waring Road. 27. The proposed 7 foot high masonry wall shall be located on private property and maintenance of the wall shall be the responsibility of each property owner. 28. The grading plan shall show that the lowest finished floor elevation within the subdivision will be at least 12 inches above the high water elevation of a 100-year flood. 29. Prior to the subdivision map being recorded, the subdivder shall either: A. Sign a "Subdivision Improvement Agreement and post the required certificates of insurance and subdivision bonds with the Department of Public Works, or B. Construct all subdivision improvements and have the improvements accepted by the Stanislaus County Board of Supervisors. 30. The subdivider shall furnish the Department of Public Works three copies of a soils report for the area being subdivided. The report shall also include: (a) sufficient R-value test to establish appropriate road sections, and (b) sufficient test boring to log the soil strata, determine the static water level and the percolation rate of the drainage basin. The boring shall be made on the lot to be used for the drainage basin. The report shall be signed by a California registered civil engineer.

15 GPA , CPA , & TM Conditions of Approval Page All existing irrigation lines within the area to be subdivided shall be removed or relocated into easements along lot lines. The irrigation lines shall be reinforced at road crossings and driveways. All irrigation lines or structures which are to be abandoned shall be removed. All work shall be done in accordance with the requirements of the Department of Public Works and the Turlock Irrigation District. 32. All new utilities shall be underground and located in public utility easements. A 10-foot wide public utility easement (P.U.E.) shall be located adjacent to all road right-of-ways. The P.U.E. shall be shown on the final map. 33. Prior to the final map being recorded the area being subdivided shall be annexed to the Denair Highway Lighting District or a new district formed if annexation is not possible. The subdivider shall provide all necessary documents and pay all costs associated with the annexation or formation of a new district. 34. All street lights shall be installed on steel poles to County standards. A pull box shall be installed at the base of each light standard and each light shall be individually fused. Prior to the final map being recorded, the subdivider shall deposit the first year s operating and maintenance cost of the street lights with the Department of Public Works. 35. A Grading Permit shall be obtained from the Department of Public Works prior to the start of importing, exporting or otherwise moving any dirt. 36. Prior to the issuance of the Grading Permit, the subdivider shall file a Notice of Intention (NOI) with the California Regional Water Quality Control Board and a Waste Discharge Identification Number must be obtained and provided to the Department of Public Works. 37. Prior to issuance of any building permits, the lot grades shall conform to the approved Grading Plan. Written certification by a civil engineer or geotechnical engineer may be required by the Department of Public Works. 38. An Encroachment Permit shall be obtained from the Department of Public Works prior to the start of any subdivision improvements whether on public or private property. 39. A set of Record Drawings shall be provided to and approved by the Department of Public Works prior to acceptance of the subdivision improvements by the County. The drawings shall be on 3 mil mylar with each sheet signed and stamped by the design engineer and marked "Record Drawing" or "As-built". 40. One bench mark (brass cap) shall be established within the subdivision on a brass cap and the elevation shall be shown on the Record Drawing. A copy of the field notes shall be furnished to the Department of Public Works. 41. Prior to the Department of Public Works doing any plan review or inspections associated with the subdivision, the subdivider shall sign a "Subdivision Processing/Inspection Agreement" and post a $7, deposit with Public Works.

16 GPA , CPA , & TM Conditions of Approval Page Prior to the final map being recorded, a county service area (CSA) shall be formed to provide funds to ensure future maintenance of the storm drain system and landscaped basin. The developer shall provide all necessary documents and pay all fees associated with the formation of the CSA. The formation process takes approximately 4 months and requires a ballot procedure in compliance with Proposition Stanislaus County will not issue any final inspection and/or occupancy permits for any structures within the subdivision until all the required subdivision improvements have been accepted by the Board of Supervisors. Denair Community Services District 44. When the owner does choose to develop this parcel, they must enter into an agreement with the Denair Community Services District to construct and pay the necessary infrastructure to enable the District to provide water and sewer services to the project. The agreement will require, among other things that the infrastructure be constructed to District specifications, that security be given to the District to guarantee performance and payment for the infrastructure and that all current connection fees be paid in full. Once all fees are paid, a Will-Serve Letter will be submitted to the applicant. The Will Serve Letter must be presented to the Stanislaus County Building Department before a building permit will be issued. A Will-Serve Letter is required for all additions, remodels and swimming pool construction. This is valid until April 30, 2006, and pending Board review of the Public Facilities. 45. Sewer impacts may be mitigated by payment of sewer connection fees and execution of Developer s Agreement 46. Water impacts may be mitigated by payment of water connection fees and execution of Developer s Agreement. Turlock Irrigation District 47. The plans indicate a storm drainage basin at the south property line of the subject parcel, adjacent to Monte Vista Avenue. If the District s canal system is to be used for storm water drainage, the existing Master Storm Drainage Agreement between Stanislaus County and the Turlock Irrigation District must be reviewed to determine if the additional discharge can be accommodated. This additional discharge would be subject to District approval. In addition, the retention basin must be capable to containing the water from a 10-year, 48-hour storm. 48. A private irrigation pipeline runs from north to south along the east property line of the subject parcel. This line must be removed as per District Standards. 49. It will be necessary for the developer to submit plans detailing the existing irrigation facilities, relative to the proposed site improvements, in order for the District to determine specific impacts.

17 GPA , CPA , & TM Conditions of Approval Page Properties that will no longer irrigate or have direct access to water must request abandonment from the improvement district(s). Developed property adjoining irrigated ground must be graded so that finished grading elevations are at least 6 inches higher than irrigated ground. A protective berm must be installed to prevent irrigation water from reaching non-irrigated properties. 51. The final map signature block is as follows: As to Irrigation Tax Todd Troglin Deputy Collector, Turlock Irrigation District Date 52. A 10-foot Public Utility Easement (P.U.E.) must be dedicated along all street frontages. Additionally, a 10-foot P.U.E. will be required between proposed Lots 6 & 7 (5-feet on each side of the property line) and a 5-foot PUE along the north property line of proposed Lot The owner/developer must apply for a facility change for any pole or electrical facility relocation. Facility changes are performed at developer s expense. Stanislaus County Consolidated Fire / Denair Fire Protection District 54. No development shall occur without approved fire department access and water for fire protection. 55. Two fire hydrants shall be constructed within the subdivision. One hydrant to be located on the southwest side of Lot 15 and the second hydrant located anywhere at the end of the subdivision between lot seven through nine. Development Services 56. Engineered plans shall be submitted for review to obtain building permits as required by Section of the Uniform Building Code. San Joaquin Valley Air Pollution Control District 57. Applicant shall comply with District Regulations VIII, Rule 4102, 4103, 4601, 4641, 4901, and 4902 to the satisfaction of the SJVAPCD. They shall also consider using the measures listed in the District letter of August 29, 2005 designed to reduce air quality impacts. Denair Post Office 58. Developer shall purchase and install an approved Central Mail Box Unit (CBU) at location determined by Postmaster.

18 GPA , CPA , & TM Conditions of Approval Page 8 Stanislaus County Sheriff 59. Prior to the issuance of building permits for a dwelling, the owner/developer shall pay a fee of $ per dwelling to the County Sheriff s Department. Department of Environmental Resources 60. Existing private water wells in the subdivision shall be destroyed under permit of the Stanislaus County Department of Environmental Resources. 61. Applicant shall determine, to the satisfaction of the Department of Environmental Resources (DER) that a site containing (or formerly containing) residences or farm buildings, or structures has been fully investigated (via Phase I and Phase II studies) prior to the issuance of a grading permit. Any discovery of underground storage tanks, former underground storage tank locations, buried chemicals, buried refuse, or contaminated soil shall be brought to the immediate attention of DER. Mitigation Measures 62. To reduce PM-10 emissions associated with construction the following strategies shall be included as part in all construction contracts for future development: A. All clearing, grading, earth moving, or excavation activities shall cease when wind speeds are consistently equal to or greater than 20 mph. B. All excavation material, graded or otherwise disturbed shall be watered sufficiently to prevent excessive amounts of dust. Watering shall occur twice daily with complete coverage, preferably in late morning and after work is done for the day. C. All material transported and vehicle speeds shall be limited to 15 mph on unpaved roadways. D. Street sweeping and/or washing shall be undertaken to reduce dust emissions on paved roads, shoulders and access ways adjacent to the construction site. E. All internal combustion equipment shall be properly maintained according to manufacturer s specifications. F. Idling of all internal combustion equipment shall be limited to ten minutes at any given time. G. The use of building materials that do not require the use of paints/solvents shall be encouraged.

19 GPA , CPA , & TM Conditions of Approval Page To ensure the SJVAPCD standards are achieved, all new development within the plan area shall implement the following measures: A. Automated control system for heating/air conditioning and energy efficiency required under Title 24. B. Lighting controls and energy-efficient lighting in buildings. C. Insulation to Title 24 requirements. D. Light colored roof materials to reflect heat. E. Provide low nitrogen oxide (NOX) emitting and/or high efficiency water heaters. F. If fireplaces are proposed, natural gas fireplaces or EPA-certified wood burning fireplaces/stoves should be installed in every unit that has a fireplace. G. Include exterior electrical outlets on all residential units to encourage the use of electric powered yard maintenance equipment. 64. Construction contracts shall include a stop-work provision in the event previously unidentified contamination is discovered during construction so that appropriate actions can be taken to reduce potential human health and environmental hazards. 65. The project shall demonstrate through a drainage study or hydrological report, in accordance with the Stanislaus County Public Works standards, that new development will not increase peak storm flows and that adequate capacity exists downstream to accommodate increased flood volume. 66. During project construction, all new development shall implement appropriate stormwater runoff Best Management Practices (BMP) and design features to protect receiving water quality during construction and occupancy, consistent with Stanislaus County standards. 67. BMPs shall be incorporated into project design to reduce urban contaminant levels in stormwater runoff, consistent with Stanislaus County standards. 68. Hours of construction on the project site shall be limited to 7:00 a.m. to 6:00 p.m. Monday thru Friday, with no construction allowed on holidays. 69. All construction equipment shall be fitted with properly functioning mufflers. 70. Any noisy construction equipment shall be located away from sensitive receptors, and, if necessary, temporary noise barriers shall be constructed between noise sources and sensitive receptors.