CONTRA COSTA COUNTY Department of Conservation and Development County Planning Commission Hearing Date: February 26, 2013 Staff Report Agenda Item # 4

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1 CONTRA COSTA COUNTY Department of Conservation and Development County Planning Commission Hearing Date: February 26, 2013 Staff Report Agenda Item # 4 I. GENERAL INFORMATION County File No. and Summary of Request: County Files GP , RZ , SD , DP : Applicant requests approval of a General Plan Amendment, Rezoning, Major Subdivision and a Preliminary and Final Development Plan as follows: A. General Plan Amendment #GP : Change the General Plan land use designation from Agricultural Lands (AL) to the following: Single-Family Residential- HighDensity (SH), Single-Family Residential - Medium Density (SM), Open Space (OS) and Parks and Recreation (PR); and B. Rezoning #RZ : Rezone the project site from Heavy Agricultural (A-3) District to the Planned Unit Development (P-1) District; and C. Subdivision #SD : Subdivide the project site into 67 single-family residential lots and 5 other parcels for use as open space, community dog park, and an area dedicated to solar field array, respectively; and D. Preliminary & Final Development Plan #DP : On the 20-acre project site develop 67 single-family residential lots with streets, sidewalks, landscaping, approximately six acres of open space / wetlands, an approximately ¾-acre dog park, and an area dedicated to a solar field array. Project Address/Location: The 20-acre project site is located east of Bixler Road and west of Newport Drive in the Discovery Bay area. Assessor Parcel Numbers: & 014 Applicant: William F. Schrader Owner: Disco Bay Partners LLC Project Planner: [John Oborne], [ ], [john.oborne@dcd.cccounty.us]

2 II. STAFF RECOMMENDATION A. Find that the Mitigated Negative Declaration was presented to the County Planning Commission, and the Commission reviewed and considered the information contained in the Mitigated Negative Declaration prior to making a decision on the project; and B. Find the Mitigated Negative Declaration reflects the County s independent judgment and analysis and was prepared consistent with the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines and designated the Department of Conservation and Development as the custodian of the documents which constitute the record of the proceedings upon which the decision is based; and C. Find that on the basis of the whole record before it, determine that there is no substantial evidence that the project will have a significant effect on the environment after mitigations; and D. Adopt a motion to recommend that the Board of Supervisors approve the following: an amendment to the Land Use Element Map of the Contra Costa County General Plan ( ) to re-designate the site from Agricultural Lands to Single-Family Residential-High Density (SH), Single Family Residential - Medium Density (SM), Open Space (OS) and Parks and Recreation (PR); Rezone the site from Heavy Agricultural (A-3) District to the Planned Unit Development (P-1) District, and approve the Preliminary and Final Development Plan subject to the attached conditions of approval and mitigation measures. E. Approve the vesting tentative map subject to the attached conditions and mitigation measures. The approval of the vesting tentative map is subject to the Board s approval of the General Plan Amendment and Rezoning. F. Adopt the Mitigation Measures contained in the Mitigated Negative Declaration for this project. III. REGULATORY INFORMATION General Plan Land Use Designation: Agricultural Lands (AL) Zoning Designation: Heavy Agricultural (A-3) California Environmental Quality Act (CEQA) Status: A draft Mitigated Negative Declaration (MND) was sent out for public review on October 12, 2012 for a 30 day comment period which ended on November 12, On December 19, 2012 the County recirculated the draft MND for an additional 30 day public comment period due to new biological impacts and mitigations that were identified on the site. The end of the public comment period for the recirculated draft MND was January 18, SR-2 County Planning Commission Newport Pointe Residential Project

3 2013. During the comment period the County received a number of letters which are addressed later in this report in Section VIII (CEQA Review). Origin of Parcel/Lot: APN s & 014 are Parcels A and B of Minor Subdivision MS74-72 that was approved by the County in the early 1970 s. Prior Applications: MS 74-72, 4 lot minor subdivision. Flood Zone: AE, an area subject to inundation by the 1-percent-annual-chance flood event as determined through mapping prepared by the Federal Emergency Management Agency (FEMA) IV. PROJECT DESCRIPTION: The proposed project is located in the Discovery Bay area of East Contra Costa County (Refer to Attachment C, Exhibit 1, Vicinity Map). The project proposes to subdivide the vacant 20-acre project site into 67-single family residential lots (average lot size 6,924 sq. ft.) in addition to approximately six acres of open space/wetlands, dog park and an area dedicated to solar field array (Refer to Attachment C, Plate 1, Proposed Vesting Tentative Map). Access to the proposed development will be from the east side of Newport Drive at the northeast corner of the site. A relatively short bridge will be constructed to span the existing roadside ditch that runs along the east side of the project site. This bridge will require a Streambed Alteration Agreement (SBAA) from California Department of Fish and Game (CDFG) (name changes to California Department of Fish and Wildlife 1/1/13). The project will also require approvals by the Contra Costa Local Agency Formation Commission (LAFCO) including amendment to the Sphere of Influence of the Town of Discovery Bay Community Services District (TDBCSD), and annexation of the project site to TDBCSD for water and wastewater services. To accomplish this the project requests approval of a General Plan Amendment (Refer to Attachment C, Exhibit 2 General Plan Map) to change the General Plan designation for the property from Agricultural Lands (AL) to the following: Single Family Residential High Density ( Units Per Net Acre), Single Family Residential Medium Density ( Units Per Net Acre), Open Space (OS) and Parks and Recreation (PR). The project also proposes to rezone the property from A-3, Heavy Agriculture to P-1, Planned Unit Development (Refer to Attachment C, Exhibit 3 Zoning Map). In conjunction with the P-1 zoning the applicant proposes a Preliminary and Final Development Plan that includes the construction of 67 single family homes, mostly one story (Refer Attachment C, to Plate 2, Proposed Homes), streets with landscaping and sidewalks, a dog park, an area dedicated to solar panels, and approximately 6 acres of open space/ wetlands (Refer to Attachment C, Plate 3 Preliminary and Final Development Plan). V. SITE/AREA DESCRIPTION The project site is located east of Bixler Road and west of Newport Drive. The site SR-3 County Planning Commission Newport Pointe Residential Project

4 bordered by residential development on the north and east consistent with the proposed development in design and density (e.g., one and two-story homes on lots that are high density and medium density (lot size approximately 5,000 to 9,000 square feet) ( Refer to Exhibit 2, General Plan Map). Electrical transmission towers bisect the western corner of the project site. The lands to the west, across Bixler Road, are larger rural residential lots and to the south are large undeveloped parcels. The project site is located within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. VI. COMPLIANCE WITH THE COUNTY FLOODPLAIN ORDINANCE The County Floodplain Ordinance requires that a Floodplain Permit be obtained for all planned improvements on lands subject to inundation by the 100-year flood. As noted above, the project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps (Flood Zone AE ) and therefore is required to comply with the ordinance. For this project to comply with the ordinance it is assumed that an average of 5 ½ feet of fill dirt will be needed to lift a portion of the site, which is planned for homes, out of the flood plain. The wetland area would not have fill dirt. It has been determined that this equates to approximately 130,000 cubic yards of dirt that will have to be hauled in and spread over that portion of the site. Trucks, typically used for this activity carry 18 cubic yards. Therefore it is assumed the during the initial construction process about 7,200 truck trips will be needed to accomplish this task. The raising of a building site by means of fill dirt is typical for residential development in the Discovery Bay area (Discovery Bay West, Ravenswood) because much of it is located within the 100-year flood boundary. There are conditions of approval for the project to address the construction of this fill area. VII. AGENCY COMMENTS ( all letters attached) Town of Discovery Bay Community Services District (CSD Board) In a letter dated April 7, 2010 the CSD Board had the following comments: 1. Summary of comment: Availability of Water and Wastewater capacity is a concern and the CSD Board is currently reviewing both water and wastewater capacity issues. Staff response: The CSD Board has since completed a Waste Water and Water Master Plan in October of 2011 and January of 2012 respectively, which included the Newport Pointe project as planned infill development. Both Plans addressed capacity issues. For further information on this issue refer to Section VIII, CEQA Review of this report. 2. Summary of comment: The CSD Board has concerns about the High Density designation and how that would impact the community. Staff response: The proposed General Plan designation of Single Family Residential - High Density (SH) for the project site is consistent with the General Plan designation of Single Family Residential High Density in Discovery Bay West ( west side of Villages I, 11, 111 & 1V) to the north. The average lot size in the proposed development is 6,924 SR-4 County Planning Commission Newport Pointe Residential Project

5 square feet. The proposed average lot would fall between the minimum lot sizes for the R- 6 and R-7 zoning districts under the County Zoning Ordinance, which are consistent with the Single Family Residential High Density land use designation (see Table 3-5, Consistency Between General Plan and the Zoning Ordinance, Ch. 3, Land Use Element Contra Costa County General Plan, ). 3. Summary of comment: The development would cause additional traffic impacts on Newport Drive. Would the County consider the option of using Bixler Road as the access for the project? Staff response: The County did consider Bixler Road, which is a major thoroughfare, as an access point for the project but it was found to be in conflict with the General Plan policy that states that through traffic along major thoroughfares shall be improved by minimizing the number of new intersecting streets (County General Plan policy ). 4. Summary of comment: We would like to see the dog park open to the entire public and provide for adequate parking. Staff response: As proposed, the dog park would be open to the general public and there is provision for 6 parking spaces. 5. Summary of comment: We would like to see that common areas such as the Solar Array, wetlands are maintained by a Home Owners Association (HOA). Staff response: The project is required to form a homeowners association for the ownership and maintenance of all common areas including private streets, common landscaping, dog park, and parcels A, B and C. The maintenance of the dog park, open space, lighting and landscaping may become the responsibility of the Town of Discovery Bay Community Services District (TDBCSD) if the applicant enters into an agreement with the TDBCSD as shown in Mitigation Measure AES-1 (c). 6. Summary of comment: There should be a mechanism to mitigate school impacts. Staff response: The project is required to pay all school mitigation fees that are required by the State. The developer pays the school fee when they apply for building permits for the homes. 7. Summary of comment: We believe the Sheriff and Fire impacts in regards to this project should be addressed. Staff response: The project is required by condition of approval to create a police services district by approving a special tax for the parcels created by this subdivision approval. The special tax shall be used to maintain and augment police services (Contra Costa Sheriff). In regard to fire services, the project shall pay its fair share towards fire protection services as required by the General Plan. 8. Summary of comment: We would like to be informed of any park and community center mitigation fees. SR-5 County Planning Commission Newport Pointe Residential Project

6 Staff response: The project contains a dog park which satisfies the requirement for parks. 9. Summary of comment: There is a concern that Newport Drive is too narrow and is not wide enough to handle additional traffic. Staff response: A Traffic Impact Study, dated September 30, 2010, by Abrams and Associates was submitted to the County by the applicant. The report found that Newport Drive is a two-lane collector street about 34 feet wide. The report indicated that the site would generate a total of 56 vehicle trips in the AM (8:00 to 9:00 AM) and 76 vehicle trips in the PM (5:00 to 6:00 PM). It was determined, that, by County standards, the project s impact to Newport Drive are less than significant. Contra Costa Local Agency Formation Commission (LAFCO) 1. In an dated November 23, 2009 LAFCO noted that the project site is not within the Town of Discovery Bay Community Service District (TODBCSD) sphere of influence (SOI) or service boundary and, should the project require municipal services, such as water and wastewater they would need approval from LAFCO including amendment to the SOI of the TDBCSD, and annexation of the project site to TDBCSD for water and wastewater service. The project would require approval from LAFCO for sphere of influence amendments and corresponding annexation into the TDBCSD service boundary for sewer and water services. Contra Costa Fire Protection: Memo from Fire Inspector, dated November 9, 2009, indicates that access is consistent with Fire District requirements and that the applicant will be required to comply with Fire District standards, including Fire District standards applicable to the Emergency Vehicle Access (EVA) proposed from Bixler Road. Contra Costa County Flood Control and Water Conservation District (County Flood Control): Memo dated November 23, 2009 indicates that the parcels are within the 100-year flood boundary as designated by FEMA and the applicant is required to comply with FEMA, County Flood Plain Management and other requirements. California Historical Resources Information Systems: Memo dated October 28, 2009 indicates that there were previous cultural studies done on the site with negative results and therefore no further studies are recommended. VIII. CEQA REVIEW A draft Mitigated Negative Declaration (MND) was sent out for public review on October 12, 2012 for a 30 day comment period which ended on November 12, On December 19, 2012 the County recirculated the draft MND for an additional 30 day public comment period due to new biological impacts and mitigations that were identified on the site and a revised project description to include the entry bridge. The end of the SR-6 County Planning Commission Newport Pointe Residential Project

7 public comment period for the recirculated draft MND was January 18, During the comment period the County received a number of letters which are addressed below. All the letters are attached at the end of this report. Town of Discovery Bay Community Services District (TODBCSD or CSD Board): Letters dated November 16, 2012 and January 16, 2013 the CSD Board had the following comments: 1. Summary of comment; Air Quality: Mitigation Measure AIR-1 should be modified to be required four times per day during dry or windy conditions due to the fine particulate matter related to the soils in the area. Staff response: Comment noted. Mitigation Measure AIR-1 has been modified to require that exposed surfaces be watered 4 time daily during dry and windy conditions. 2. Summary of comment: Biology; In the Mitigated Negative Declaration (MND) the County should include the ditch immediately adjacent to the eastern project boundary. This ditch always contains water and is connected to Kellogg Creek. Mitigation should be included in the MND. Staff response: The ditch was included in the Recirculated MND which stated that a short bridge will be constructed to span the ditch to allow Newport Pointe residents access to the project site from Newport Drive. The proposed bridge and its biologic impacts were analyzed in the Recirculated MND and it was determined the ditch is subject to seasonal flows and supports sparse to no emergent vegetation. Giant garter snakes would be unlikely to be found in this ditch or on the project site. The MND goes on to state that a Streambed Alteration Agreement (SBAA) from the California Department of Fish and Wildlife (formally California Department of Fish and Game) will be required. 3. Summary of comment; Hydrology and Water Quality: In preparing our Water Master Plan, the discussion of sustainability was in the context of build-out growth as opposed to small increments, such as the Project. It is recommended that the discussion of sustainability be revised in the Mitigated Negative Declaration for this project to reflect the current view of sustainability and that a Mitigation Measure be included to provide that analysis be conducted which contributes to the quantification of sustainable groundwater resources for the underlying aquifer system. Staff response: As stated in the Executive Summary of the Water Master Plan (page ES-1) The Water Master Plan covers a ten year planning horizon that encompasses the incremental growth of planned infill developments only (emphasis added)(the Water Master Plan included Newport Pointe as planned infill), i.e. no future growth outside the District s current service area. The District defined the areas of infill development and provided the estimated number of homes and schedule for completion based on discussions with local developers. The planned infill developments include a total of 1,355 residential service connections (including Newport Pointe), 30 commercial connections and approximately 7 million gallons per year in additional irrigation connections. The Master Plan document is intended to serve as a tool for the District to SR-7 County Planning Commission Newport Pointe Residential Project

8 plan and budget for future facilities projects and capital improvements needed to ensure the District can continue providing adequate water supplies to the current and future customer base. The improvements that are recommended in this plan will allow the system to meet or exceed the standards for water source capacity, water treatment, storage and water distribution. And, Table 2-1 on page 2-2 of the Water Master Plan takes into account Newport Pointe for planned infill - Planned Infill Developments Town of Discovery Bay. The project would be required to pay their fair share of improvements identified in the Capital Improvement Project list in the Water Master Plan. 4. Summary of comment: Utilities and Service Systems; In the MND the analysis does not describe the water utility component on which to base the existing water supply. For example, in order to assess a level of impact, the MND must describe; 1 Water demand estimates for residential and irrigation in terms of annual, maximum daily, fire flows and peak hour, 2 description of the water system 3 landscape irrigation system and demand estimates 4 discussion of water efficiency measures. Staff response: The MND is relying on the water demand estimates in the Water Master Plan prepared for TDBCSD. More precise calculations can be provided when final development plans, including a final landscape plan, are completed. The irrigation systems for the project landscape will be identified at that time. Applicant will provide those calculations and information to the commenter when those plans are completed, and do so prior to the time water utility improvements to serve the project must be finalized by the District prior to issuing Can & Will Serve Letter as part of satisfying Mitigation Measures UTIL-1 and 2. The CSD Board requests that a Mitigation Measure be added requiring the development to install a water well site to provide a new domestic source of water to add capacity to the serve the proposed development, and additional future water district service connections. Staff response: The project is required to comply with the Growth ManagementProgram Standards for water and the water service policies/implementation measures of the Public Facilities/Services Element, Contra Costa County General Plan, (.. In summary, these policies and implementation measure require the County to determine that capacity exists within the water system to serve a development project within a set period of time, or that water capacity to serve the development project will be provided by a funded program or other mechanism, and that project development approval be conditioned on verification of an adequate water supply for the project. Furthermore, the Growth Management Program Standards are premised on the principle that new development pay their fair share of the improvements necessary to provide water to the project. SR-8 County Planning Commission Newport Pointe Residential Project

9 As far as requesting the County to impose a mitigation measure requiring the applicant to install a water well for additional future water district service connections (emphasis added), there is case law ( Nolan / Dolan) that require that government establish the existence of a "nexus" or link between the impact and the mitigation. Also, there must be a "rough proportionality" between proposed exaction and the project impacts that the exactions are intended to allay. In this case it would not be consistent with case law to require the project to install water well that is intended to serve additional future water district connections, while the project s impact is only 67 homes. 5. Summary of comment: Utilities and Service Systems: The MND states that New development would be responsible for the costs to construct improvements that are necessary only to serve new development. The existing water supply infrastructure would need to be expanded. This statement infers which facilities will be the responsibility of new developments. This statement should be removed. Rather, the responsibility of new development should be determined through a Service Agreement with the Town of Discovery Bay Community Services District (TOBCSD). Staff response: Agreed, new development shall also contribute to the improvement of existing facilities as they relate to sewer and water in reasonable proportion to the demand impacts and burdens generated by the project (County General Plan Growth Management Standard 4-O). 6. Summary of comment: Mandatory Findings of Significance; The MND does not include a discussion of nearby projects to form the basis for cumulative impacts. The assessment of cumulative water supply impacts should be assessed and should recognize that the TODBCSD is currently within an established groundwater management area and actively participates in the following: California Statewide Groundwater Elevation Monitoring that includes a groundwater elevation monitoring program to track seasonal and long term trends in groundwater elevations; the Integrated Regional Water Management program that consists of a collaborative effort to manage water resources in the region; and East County Water Management Association which is comprised of water agencies TODBCSD is a member), wastewater agencies, flood control districts, and watershed management groups within the eastern portion of Contra Costa County. These programs and organizations are aimed at managing local water supplies to improve the quality, quantity, and reliability. Relevant information available from these organizations should be used to address cumulative water supply impacts. Staff response: Comment noted. The cumulative impact analysis was based on the Water Master Plan, prepared for TDBCSD, which already discussed nearby projects and cumulative impacts for water supply. Contra Costa Local Agency Formation Commission (LAFCO): In a letter dated November 13, 2012 and an dated January 15, 2013 LAFCO had the following comments: SR-9 County Planning Commission Newport Pointe Residential Project

10 1. Summary of comment: The MND does not currently reference the needed LAFCO actions. We recommend that you amend the project description to include those actions. Staff response: The MND was amended to include the LAFCO actions necessary; sphere of influence amendment, annexation for water and sewer service. 2. Summary of comment; Agricultural Resources: The MND states the project site is not classified as Prime Farmland or Farmland of Statewide Importance and has a Story Index of 6; Non Agriculture. Is this site designated Farmland of Local Importance? LAFCO acknowledges that for CEQA purposes, the conclusion reached in the MND could be considered adequate but we will require more analysis of this topic in order for our Commission to make determinations required under CKH in which the loss of agricultural lands is an important concern. Staff response: Comment noted. As noted above the project site is not considered prime farmland under CEQA (according to the California Department of Conservation and the United States Department of Agriculture) and has not been actively farmed in many years. The project site is designated Farmland of Local Importance according to the 2010 Important Farmland Map for Contra Costa County prepare by the Farmland Mapping and Monitoring Program, California Department of Conservation, but it s unclear why this designation was chosen. As stated in the MND, according to the United States Department of Agriculture Natural Resources Conservation Service revised Story Index the soil on the project site is rated Grade 6 non agriculture. The soil is mapped by the Soil Conservation Service as Marcuse clay, which is hydric soil. The soil is poorly drained and is moderately alkaline. Several factors affect the importance of the conversion of acreage of Agricultural Lands (AL) to non-agricultural designations under the proposed project. The project area lies inside the County s Urban Limit Line, indicating the possibility that urban development, or conversion from the Agricultural Land (AL) designation to urban use designations, might occur;as distinct from land in the county lying outside theurban Limit Line, where development of urban uses is prohibited by the County General Plan and the 65/35 Land Preservation Plan Ordinance (Measure C-1990). In addition,, on page of the Discovery Bay West Environmental Impact Report prepared in 1993 (Newport Pointe is located directly adjacent to Discovery Bay West), discussion of the agricultural potential of local soils, otherwise appropriate for agricultural use, contain compounds (boron and/or salt) that reduce their suitability for agriculture and limit the productivity of the land. An additional consideration is the proximity of development to the north and east. 3. Summary of comment: Regional housing needs. In considering the proposed annexation for water and sewer LAFCO is concerned with how the project would effect the County s ability to achieve its share of regional housing needs. SR-10 County Planning Commission Newport Pointe Residential Project

11 Staff response: The project would add to the housing supply in the county which would be consistent with the Housing Element, General Plan, which, in part, calls for the increasingof the housing stock in the County. 4. Summary of comment: The MND should evaluate the relationship of the project to the regional growth goals and policies related to sustainable communities strategies identified in the One Bay Area plan. Staff response: The Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) have not released the One Bay Area plan prepared in response to Senate Bill 375.It is due for release in spring of 2013 and potential adoption in summer Summary of comment: Public Services Fire Protection: While the MND may be adequate for CEQA purposes, additional information will be required to support requested LAFCO approvals. LAFCO will need specific information on how the project will impact fire services, and what measures will be taken to mitigate the impact. Staff response: Comment noted. The project is required by condition of approval to create a police services district by approving a special tax for the parcels created by this subdivision approval. The special tax shall be used to maintain and augment police services (Contra Costa Sheriff). In regard to fire services, the project shall pay its fair share of fire protection services as required by the General Plan. 6. Summary of comment: Wastewater service : The TODBCSD prepared a Wastewater Master Plan (WWMP) that was accepted earlier this year by their Board. The WWMP indentified actions that the TODBCSD must take to expand its system capacity to meet future needs through the year 2020, including the Newport Pointe project. Given that the expansion and operating improvements are not yet in place, there is some uncertainty regarding the availability of adequate wastewater service. This concern is called out as a potentially significant impact for which the MND proposes Mitigation Measure (MM-UTL-1) to assure that there would be adequate service capacity in time to meet the needs of the Newport Pointe project. UTIL-1 requires the project applicant demonstrate to the County, prior to final map recordation, the sufficient funding has been secured to assure timely construction of the required improvements outlined in the WWMP to ensure sufficient capacity for the project. From LAFCO s perspective, the timing of this is problematic as it defers the assurances regarding adequate wastewater service capacity to recordation of the project s final map. The final map recordation will occur long after the project s application for the Sphere of Influence (SOI) amendment and annexation to the TODBCSD is to be considered by LAFCO. At the time LAFCO considers the SOI and annexation proposals, it must determine that adequate service capacity exists to serve SR-11 County Planning Commission Newport Pointe Residential Project

12 the project and any impacts to existing customers. LAFCO will require documentation at the time LAFCO considers the SOI and annexation proposals, in order to determine whether adequate wastewater service capacity is available to meet the needs of the project. The information below should be submitted to LAFCO in conjuction with the SOI and annexation applications: Engineering plans and specifications for the physical modfications and or expansion of the existing wastewater treatment plans Approvals for relevant regulatory agencies (e.g. RWQCB) An environmental document certified or adopted by the TODBCSD that the plant expansion plans have been approved, the required funding is available and the work to implement the expansion plans will be completed in a timely manner. Staff response: Comment noted. Prior to recordation of the final map the applicant is required to provide evidence to the County Zoning Administrator that the project has obtained approval from LAFCO for the SOI amendment and annexation to the TODBCSD for wastewater service. 7. Summary of comment; Water service: The MND states that the TODBCSD does not currently have water capacity to serve future growth, including Newport Pointe. This is identified as a significant impact and there is a mitigation measure (MM UTIL-2) that requires the applicant demonstrate to the County, prior to final map recordation, that sufficient financing is secured to assure timely construction of any required improvements outlined in the Water Master Plan to ensure sufficient capacity to serve the project. From LAFCO s prespective, and consistent with the previous comment, this is problematic because it defers the point in time when assurances regarding timely availability of water service are made to a time when the final map for the project is to be recorded. The same information described above will be required by LAFCO as part of the SOI amendment and annexation for water service. Staff response: Comment noted. Prior to recordation of the final map the applicant is required to provide evidence to the County Zoning Administrator that the project has obtained approval from LAFCO for the SOI amendment and annexation to the TODBCSD for water service. 8. Summary of comment: Flood hazard: The MND notes that the project site is within a 100 year flood zone and the County Floodplain Ordinance requires that a floodplain permit be obtained for lands within the 100 year flood zone. The low-lying property is subject to flooding and sea level rise and therefore is a matter of concern. SR-12 County Planning Commission Newport Pointe Residential Project

13 Staff response: The project is required to comply with the Floodplain Ordinance which will require the site to be elevated to a point that is consistent with the surrounding neighborhood to the north and which is not in the floodplain. East Contra Costa Fire Protection District ( District ): In an dated January 18, 2013 the District had the following comment: 1. Summary of comment: The District s concerns are the same concerns we expressed in our August 7, 2012 letter to the County regarding the Pantages project. In their August 7, 2012 letter the Fire District expressed concern about significant cuts they have had to make because of reduced revenues from property taxes which have resulted in reduced levels of service. The letter goes on to state that unless financial conditions improve, the District will be unable to improve service levels. The District therefore requests that the County impose on the Newport Pointe project a funding mechanism similar to that the County imposed on Cypress Lakes development (now Summer Lakes). Staff response: Comment noted. According to County General Plan, Fire Protection Policies, the Fire Department shall strive to reach a maximum running time of 3 minutes and / or 1 ½ miles from the nearest fire station, and new development shall pay its fair share of costs for new fire protection facilities and services. The project is within 1 ½ miles of Fire Station 59 at 1801 Bixler Road and the project will pay its fair share of fire protection services. In addition, all of the proposed homes will be sprinklered for fire protection. Central Valley Regional Water Quality Control Board (Central Valley Water Board): In a letter dated November 2, 2012 the Central Valley Water Board had the followings comments: 1. Summary of comments: The project will be required to comply with State and Federal regulations that are designed to protect the quality of surface and ground waters. Permits such as Clean Water Act Section 404 Permit (Army Corps Permit), Storm Water Pollution Prevention Plan (SWPPP) will be required if necessary. Staff response: On April 26, 2006 the applicant retained the biological firm of Monk and Associates to conduct a wetland delineation to determine if there could be areas within the project site that would be regulated by the U.S. Army Corps of Engineers or the Regional Water Quality Control Board (RWQCB) as waters of the United States and/or State. Similarly, Monk and Associates examined the project site to determine if stream channels regulated by the California Department of Fish and Wildlife pursuant to Section 1602 of the Fish and Wildlife Code could be affected by development of the project site. The preliminary wetland delineation was verified by the Corps (Mr. William Guthrie) on December 5, The Corps confirmed the wetlands map and issued a confirmation letter on October 7, 2008 and confirmed presence of 1.36 acres of jurisdictional seasonal wetlands. Prior to impacting jurisdictional wetlands the SR-13 County Planning Commission Newport Pointe Residential Project

14 developer will be required to receive authorization from the Corps pursuant to Section 404 of the Clean Water Act. The proposed bridge at the entrance to the project will require a Streambed Alteration Agreement for the California Department of Fish and Wildlife. Surface grading and excavation of the project site will be regulated pursuant to the National Pollutant Discharge Elimination System (NPDES) program. The developer will obtain coverage under the General Permit prior to site disturbance. The applicant has submitted a Stormwater Control Plan to the County Public Works Department and will be responsible for full compliance with C.3 stormwater requirements. The applicant is required to comply with all Federal, State and Local regulations regarding protection of water quality. U. S. Army Corps of Engineers: ( Corps ): In a letter dated November 12, 2012 the Corps had the following comments: Summary of comment: As wetlands are mentioned in the Notice of Public Review, we feel that the project should prepare a wetland delineation map pursuant to Section 404 of the Clean Water Act. Staff response: As noted above, Monk and Associates, Inc. conducted a wetland delineation map in The U.S. Army Corps of Engineers verified the delineation in a letter dated October 7, 2006 (SPK ) and confirmed the presence of 1.36 acres of jurisdictional seasonal wetlands on the project site. The Corps jurisdictional determination remains valid until October 7, Proposed fill will require obtaining permits from the Corps and Regional Water Quality Control Board. California Department of Fish and Wildlife (CDFW) (previously California Department of Fish and Game): In an dated November 5, 2012 the CDFW had the following comments: Summary of comment: The MND needs to revise the impacts and mitigations to the San Joaquin spearscale, Swainson s hawk, and iodine bush scrub to be consistent with our Department s regulations and requirements. Staff response: The Recirculated MND included revisions to the above impacts and mitigation measures. David and Lisa Harrell, neighbors to the project site: In a letters dated November 12, 2012 and December 20, 2012, the Harrell s had the following comments: 1. Summary of comment: The project site had been designated wetlands and provides habitat to a variety of wildlife (fairy shrimp, hawks, saltbush, etc). SR-14 County Planning Commission Newport Pointe Residential Project

15 Staff response: As noted above Monk and Associates, Inc. conducted a wetland delineation map in The U.S. Army Corps of Engineers (Corps) verified the delineation in a letter dated October 7, 2006 (SPK ) and confirmed the presence of 1.36 acres of jurisdictional seasonal wetlands on the project site. Proposed fill will require obtaining permits from the Corps and Regional Water Quality Control Board (RWQCB). Approximately 1 acre of seasonal wetland will be created within the 4.85 acre preserve area as approved by the Corps and the RWQCB. This area is located along the western edge of the site. Impacts to fairy shrimp, hawks and plants have been identified in the Recirculated Mitigated Negative Declaration and mitigation measures have been proposed. The project is required to comply with all regulatory agencies having jurisdiction over the project site (e.g. Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board). 2. Summary of comment: Water capacity is a concern. Given the water situation in Discovery Bay (chlorination, color of water) we don t understand how this project could be considered. Staff response: The Town of Discovery Bay Community Services District (TBCSD) adopted a Water Master Plan recently which identified measures that are intended to provide the TOBCSD with a guidance document for improving its supply capacity, enhancing treatment facilities, improving conveyance infrastructure to bring the system into conformance with current regulatory standards. The Water Master Plan includes a Capital Improvement Plan (CIP) that outlines improvements necessary to accomplish better water service. The Newport Pointe project would be responsible to pay their fair share of the improvements necessary to provide water service. 3. Summary of comment: Police and Fire service are a concern because they are understaffed for the current population of Discovery Bay. Staff response: In regard to police services, the applicant shall participate in the provision of funding to maintain and augment police services (Contra Costa Sherriff) by voting to approve a special tax for the parcels created by this subdivision approval. The tax shall be the per parcel annual amount (with appropriate future CPI adjustment) then established at the time of voting by the Board of Supervisors. The election to provide for the tax shall be completed prior to the filing of the Final Map. The applicant shall be responsible for paying the cost of holding the election, payable at the time that the election is scheduled. The applicant is advised that the time period from application to election is 4-5 months. As far as Fire services are concerned the project shall pay its fair share of fire protection services as required by the General Plan. 4. Summary of comment: Every year we hear of potential rolling blackouts due to overtaxed power grid, this new housing development won t help this. Staff response: There is no information from Pacific Gas and Electrict (PG&E) the electrical utility provider to indicate they cannot provide power for the proposed SR-15 County Planning Commission Newport Pointe Residential Project

16 project. 5. Summary of comment: Hundreds of homes in Discovery Bay are sitting empty now and new housing would have a negative effect on real estate values. Staff response: Comment noted. In evaluating the significance of the environmental effect of a project the lead agency shall consider direct physical changes in the environment. Real estate values, although important, are not a direct physical change in the environment. 6. Summary of comment: Any new revenues created by any new development would be overshadowed by the decrease in quality of life, community services, traffic, and property values. Staff response: Comment noted. In regard to community services and traffic the project is responsible to comply with the policies of the Public Facilities/Services and Growth Management Program elements of the County General Plan which in summary hold that new development is required to pay its fair share of the cost of all existing public facilities it utilizes, based on the demand for these facilities which can be attributed to the new development. 7. Summary of comment: Discovery Bay area is subject to the potential for wide spread flooding because of its elevation, which is just a few feet above or below sea level. Staff response: The applicant is required to comply with the County Flood Plain Ordinance which requires that the planned improvements be constructed outside of the flood plain. The grading plan for the project indicates that all building pads will comply with the County Flood Plain Ordinance. Larry and Anne Halestead, neighbors to the project site: In an dated November 18, 2012, the Halestead s had the following comment: 1. Summary of comment: The entrance and exit to this project should be from Bixler Road, not from Newport Drive because Newport Drive is a narrow street with too much traffic now. Staff response: As previously noted Bixler Road is a major thoroughfare and the creation of an additional access point off of Bixler Road is not consistent with the General Plan, which for circulation safety and efficiency reasons, discourages access points off of major thoroughfares. IX. STAFF ANALYSIS & DISCUSSION A. Appropriateness of Use: The applicant s proposed 67 lot subdivision is consistent with the surrounding neighborhoods to the north and east of the project site in design and density; one and two-story single family homes on lots that are high density and medium density (5,000 to 9,000 square foot lots). According to the SR-16 County Planning Commission Newport Pointe Residential Project

17 applicant the target market for the project is the move-down buyers interested in a leisure lifestyle. The goal of the development is to include a substantial number of single-story homes. B. General Plan & Zoning Consistency: General Plan Amendment: The 20-acre site is currently designated as Agricultural Lands (AL) under the General Plan s Land Use Element Map and it is located within the County s Urban Limit Line (ULL). The General Plan s AL land use designation identifies those lands within the unincorporated area that are intended for agricultural use, it includes much of the privately owned land in the rural parts of the County used primarily for dryland farming or cattle grazing, and it includes non-prime agricultural lands. AL is one of the non-urban uses identified in the General Plan and the uses allowed under the AL designation include all land-dependent and non-land dependent agricultural production and related activities. In support of the proposed 67-lot single family residential development, the applicant is proposing to amend the Land Use Element Map to re-designate the 20-acre site to the following new General Plan land use designations (Refer to Attachment C, Exhibit 2 General Plan Map ): 11.7 acres of Single Family Residential High Density (SH), 1.2 acres of Single Family Residential-Medium Density (SM), 6.8 acres of Open Space (OS).72 acres of Park and Recreation (PR) Under the General Plan and the 65/35 Land Use Preservation Plan Ordinance, this 20- acre site located on the inside of the Urban Limit Line is eligible for potential conversion from the AL designation, or non-urban use, to General Plan urban use designations. As such, the evaluation of this General Plan Amendment focuses on the following General Plan policies considerations: (1) 65/35 Land Preservation Standard; (2) Potential Loss of Prime or Productive Agricultural Lands; and (3) Growth Management Standards. (1) Maintain the 65/35 Land Preservation Plan Standard (Measure C-1990) General Plan Policy Consideration: General Plan policy #3-p, Land Use Element - Maintain the 65/35 Land Preservation Standard and devise a means of tracking urban and non-urban development and uses in the cities and unincorporated areas. The re-designation of the 20-acre site from the AL land use designation to the combination of SH, SM, OS, and PR use designations under the General Plan would not result in a violation of the 65/35 Land Preservation Standard. Approximately 13 acres of the 20 acre-site would be converted from non-urban use (Agricultural Lands) to urban use designations, 11.7 acres to SH and 1. 2 acres to SM, respectively. According to the Department s Geographic Information Systems (GIS) based land use development tracking system, over 8,000 acres of land area countywide under non-urban use designations within the ULL that would be eligible for conversion to urban use SR-17 County Planning Commission Newport Pointe Residential Project

18 designations without causing the County to exceed urban uses beyond 35% of land area countywide as mandated under Measure-1990: The 65/35 Contra Costa County Land Preservation Plan Ordinance. As proposed, the General Plan Amendment involving a shift of 13 acres from non-urban use to urban use would be very minor and would not cause a violation of 65/35 Land Preservation Plan Ordinance Standard. (2) Potential Loss of Prime or Productive Agricultural Lands General Plan Policy Considerations: General Plan policy #3-11, Land Use Element: Urban uses shall be expanded only within the Urban Limit Line where conflicts with the agricultural economy will be minimal General Plan policy #3-14, Land Use Element: Protect prime productive agricultural land from inappropriate subdivisions Although designated Agricultural Lands (AL) and zoned under the A-3, Heavy Agricultural District, there has not been extensive cultivation or active agricultural use on the subject property for quite a number of years. The U.S. Department of Agriculture (USDA) Soil Survey of Contra Costa County identifies the subject property as containing Marcuse clay soils with high alkai content (high ph > 8.5), exhibiting poor soil structure, and low water infiltration capacity. Under the USDA s revised Storie Index, which is method of soil rating based on soil characteristics that define the land s potential agricultural utilization and productivity capacity, the site s soil is rated as Grade 6 (Non- Agriculture): soils rated 10 percent out of a hundred percent scale, include for example, tidelands, riverwash, soils with high alkai content, and steep broken land. Furthermore, the 2010 Important Farmland Map of Contra Costa County prepared by the Farmland Mapping and Monitoring Program, California Department of Conservation, does not identify the 20-acre site as meeting the State s requirements for prime farmland. At best, the site s soils would be suitable for dryland farming or cattle grazing; however, because of its size and adjacency to existing residential development within Discovery Bay such agricultural uses would be expected to be limited in scope and scale. Based on the foregoing, the proposed General Plan Amendment would not result in a loss of prime productive agricultural land. (3) Growth Management Standards Consideration General Plan Policy Considerations: General Plan Policy #3-5, Land Use Element: New development within unincorporated areas of the County may be approved, provided growth management standards and criteria are met or can be assured of being met prior to the issuance of building permits in accordance with growth management. General Plan Policy #4-1, Growth Management Program Element: New development shall not be approved in unincorporated areas unless the applicant can provide the infrastructure which meets the traffic level of service and performance standards outlined in Policy 4-3, or a funding mechanism has been established which will provide the infrastructure to meet the standards or as is stated in other portions of this Growth Management Element. SR-18 County Planning Commission Newport Pointe Residential Project

19 Traffic Level of Service As more fully described in the Transportation/Traffic section to the Initial Study/Mitigated Negative Declaration (MND), the project would not exceed the County s traffic level of service standards in the General Plan (standards as detailed in the Growth Management Element and Transportation/Circulation Element). Other Growth Management Standards In regard to the other Growth Management standards, the project s impact on public services was evaluated in the Initial Study/MND. As noted in the MND, the project would lead to the construction of 67 single family residence with a projected population increase of 174 people within the Discovery Bay community. This increase of 174 additional residents would have a minor impact on the public services. The analysis in the MND provides sufficient information to determine that the project as proposed can meet the public services performance standards contained in both the Growth Management and Public Facilities/Service elements to the General Plan. The public entities, which are expected to serve the key public services to the project site, include: Water Town of Discovery Bay Community Services District (after annexation) Sewer Town of Discovery Bay Community Services District (after annexation) Schools Byron Union School District and Liberty Union School District Regional Recreation East Bay Regional Park District Local Parks Town of Discovery Bay Community Services District Fire East Contra Costa Fire Protection District Police Contra Costa Sheriff s Department C. Site Plan: The site plan includes 67 residential lots from approximately 5,670 square feet to 16,462 square feet, with an average lot size of 6,924 square feet. As noted above this is a consistent development pattern with the surrounding residential neighborhoods to the north and east. There are also parcels used for wetlands, dog park and an area dedicated to solar use. D. House Designs: As noted above the target market for this development is the move down home buyers who are interested in a leisure lifestyle. To that end the development envisions a substantial number of single story homes from approximately 2200 square feet to 2600 square feet. There are three house plans proposed for the development; Spanish Colonial, Italian Villa and Tuscan. There is also the option to have a second story (approximately 500 square feet) and/ or a Casitas, which is a small detached structure with a bedroom and bathroom for visitors (Refer to Plate 3 for house designs). E. Parking: The project proposes to have off-street parking located in the garages of homes and the streets will be wide enough to have on-street parking as well. F. Landscaping: The preliminary landscape plan consists of low water use landscaped front yards and street trees. SR-19 County Planning Commission Newport Pointe Residential Project

20 G. Health Department Concerns: A memo dated October 2, 1972 from the County Health Department indicated that the site is not approved for individual sewage systems due to high water table and poor percolation properties. The project does not propose individual septic systems. The project is required to annex into the Town of Discovery Bay Community Services District for water and wastewater service. X. PUBLIC WORKS CONSIDERATIONS Traffic and Circulation The subject site features two public road frontages; Bixler Road is to the west and Newport Drive is to the east. Bixler Road is ultimately planned to be at least a 40-foot wide roadway within a 64-foot right of way. It appears the right of way along the Bixler Road frontage was dedicated to the County for roadway purposes with Minor Subdivision (24PM19). However, frontage improvements (including curb, sidewalk, street lighting, etc.) and road widening shall be required along the Bixler Road frontage to match the improvements constructed with the adjacent Discovery Bay West project. Immediately north of the subject parcel, Bixler Road features a finished frontage with a 12-foot wide northbound lane, at least a 6-foot wide shoulder, and finished curb and sidewalk. Newport Drive, along the project frontage, features only what appears to be a southbound 12-foot wide lane. Although no shoulder is provided, the frontage appears to be finished with curb and sidewalk, including landscaping behind the back of walk. The County is updating the East County Regional Area of Benefit fee program, which includes additional projects. The fees related to the ECRAOB (i.e. regional improvements) are separate from the East Contra Costa County Regional Fee and Financing Authority (ECCRFFA) fee (i.e. different project lists). The applicant shall be required to pay the updated ECRAOB fee. In the event that the ECRAOB update is not yet approved at the time of building permit issuance, the applicant shall be required to pay its fair share contribution based on the ECRAOB updated list. Subdivision 9010 Pantages is also being developed within the Discovery Bay area. It is located northeast of Subdivision SD 9278 Newport Pointe, at the terminus of Point of Timber Road. With the developments in Discovery Bay, several intersections have been identified to be deficient with the build out of these developments. The intersections identified are Byer Road at Byron Highway (install a traffic signal and southbound left turn lane), Point of Timber Road at Bixler Road (install a traffic signal and add left turn lanes at all four intersection approaches), Marsh Creek Road at Bixler Road (install a traffic signal), and State Route 4 at Newport Drive (install a traffic signal). The applicant shall be required to pay its fair share toward these intersection improvements. Implementation of the project would increase traffic volumes on nearby rural roads. Therefore, the applicant shall be required to pay its fair share contribution to the Balfour Road widening to provide a County standard roadway section with standard shoulder widths between Sellers Avenue and Bixler Road. SR-20 County Planning Commission Newport Pointe Residential Project

21 Drainage Division 914 of the County Ordinance Code requires all storm water entering and/or originating on this property to be collected and conveyed, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having a definable bed and banks or to an existing adequate public storm drainage system which conveys the storm waters to an adequate natural watercourse. The subject site is within unformed Drainage Area 52 and East County Delta Drainages watershed. The site generally drains east to the delta. The applicant will construct on-site storm drain system, which will drain to the storm drain system on Bixler Road or to the existing roadside ditch along Newport Drive. Discharging to a roadside ditch is an exception to the collect and convey requirements. In order to allow this exception, the applicant shall be required to submit evidence verifying the adequacy of the downstream ditch system or construct any necessary improvements to make this system adequate to handle the ultimate stormwater runoff. XI. Drainage Area 52 has inadequate maintenance funding. The construction of this development should not result in added costs or reduction of revenue for the County or Contra Costa County Flood Control and Water Conservation District. As one of the mitigation measures for the adverse drainage impacts of this development, the applicant shall annex into a County Maintenance Benefit Assessment District (MBAD) to provide a perpetual funding source for maintenance of the regional drainage area facilities. The County is in the process of forming this MBAD. If this MBAD is formed prior to final approval of this development, then the applicant shall annex into the MBAD. CONCLUSION Staff recommends that the Planning Commission find the Mitigated Negative Declaration is adequate for the purposes of CEQA, adopt Resolution No to recommend to the Board of Supervisors approval of the General Plan Amendment, Rezoning and Final Development Plan and approval of the Vesting Tentative Map with the attached Mitigation Measures and Conditions of Approval. XII. ATTACHMENTS A. Draft County Planning Commission Resolution No B. Conditions of Approval, Newport Pointe Residential Project, County File # s SD and DP C. Maps: Exhibit 1- Vicinity Map, Plate 1- Vesting Tentative Map, Exhibit 2 General Plan Map, Exhibit 3 Zoning Map, Plate 2 Proposed Homes, Plate 3 Development Plan D. Initial Study/Mitigated Negative Declaration, Recirculated 12/17/2012, Newport Pointe Residential Project, County File # s : GP , RZ , SD , and DP E. Agency Comments F. Public Comments G:\Current Planning\curr-plan\Staff Reports\Major Subdivisions\SD \SD _PCSR.doc SR-21 County Planning Commission Newport Pointe Residential Project

22 RESOLUTION NO RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS FOR THE REQUESTED GENERAL PLAN AMENDMENT, REZONING, VESTING TENTATIVE MAP, AND PRELIMINARY AND FINAL DEVELOPMENT PLAN FOR THE NEWPORT POINTE PROJECT IN THE DISCOVERY BAY WEST AREA OF SAID COUNTY. WHEREAS, WILLIAM SCHRADER, JR. (Applicant) & DISCO BAY PARTNERS, LLC (Owner) proposed development of a 67 lot subdivision on two parcels with Assessor s Parcel Numbers & 014 comprising 20 acres in the Discovery Bay area of eastern Contra Costa County (the Subject Properties ), for which an application was received by the Department of Conservation and Development on October 20, 2009; and WHEREAS, the Applicant has filed the following applications: GP , Request to change the General Plan land use designation for the project site from Agricultural Lands (A-1) to the following: Single Family Residential High Density (SH), Single Family Medium Density (SM), Open Space (OS) and Parks and Recreation (PR), RZ , Request to change the zoning on the project site from Heavy Agricultural (A-3) District to the Planned Unit Development (P-1) District, SD , Request to subdivide the property into 67 single family residential lots and 5 other parcels for use as open space, community dog park, and an area dedicated to solar field array, DP , Request for Development Plan to develop 67 residential lots with streets, sidewalks, landscaping, approximately six acres of open space/ wetlands, and approximately ¾ acre dog park, and an area dedicated to solar field array. (the Project ); and, WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines, a report dated October 10, 2012 (the Initial Study ) was prepared to determine whether an environmental impact report should be prepared for the Project; and WHEREAS, the Initial Study identified potentially significant impacts related to aesthetics, air quality, biology, cultural resources, geology, greenhouse gas emissions, noise, and utility systems. The Initial Study recommended mitigation measures which would reduce each identified impact to a less than significant level; and WHEREAS, on October 12, 2012 the County published a Notice of Public Review and Intent to Adopt a Proposed Mitigated Negative Declaration (MND), which Notice recited the foregoing facts, indicated that the Applicant had agreed to accept each mitigation measure recommended by the Initial Study and started a period for public comments on adequacy of the environmental documents related to the Project that ran to November 12, 2012; and WHEREAS, on December 19, 2012 the County Recirculated the Mitigated Negative Declaration due to additional new information requiring revisions to the document. The revisions

23 to the document reflect additional biological impacts and mitigations and a revised project description to include the access bridge at the entrance to the project site. WHEREAS, after notice having been lawfully given, a public hearing was scheduled before the County Planning Commission on February 26, 2013, during which the Commission fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; NOW, THEREFORE, BE IT RESOLVED that the County Planning Commission ( this Commission ) takes the following actions: 1. In accordance with the California Environmental Quality Act, the State CEQA Guidelines (14 Cal. Code Regs et seq.), and the County s own CEQA Guidelines (together, CEQA ), this Commission FINDS that the proposed Mitigated Negative Declaration ( MND ) is adequate for the purposes of compliance with CEQA and ADOPTS the MND for the Project. In support of these actions and conclusions, this Commission ADOPTS the CEQA Findings. This Commission adopts these findings specifically for each of the Approvals and Entitlements it approves or recommends for approval for the Project. This Commission certifies that it has been presented with the Initial Study and that it has reviewed and considered the information contained in the Initial Study and the other information in the record prior to making the following recommendations, determinations and findings. The Commission further certifies that the Initial Study reflects the lead agency s independent judgment and analysis, and that the Initial Study has been completed in compliance with the CEQA Regulations. 2. Recommends to the Board of Supervisors ADOPTION of the proposed General Plan Amendment (County File #GP ) changing the General Plan land use designation for the Subject Properties from Agricultural Lands (AL) to a combination of Single Family High (SH), Single Family Medium (SM), Open Space (OS), and Parks and Recreation (PR), and recommends that the Board ADOPT the findings. 3. Recommends to the Board of Supervisors ADOPTION of the proposed Rezoning (County File #RZ ), changing the zoning designation of the Subject Properties from Heavy Agricultural District (A-3) to P-1 Planned Unit District. 4. Recommends to the Board of Supervisors APPROVAL of the proposed Preliminary and Final Development Plan (County File #DP ), subject to the mitigation measures contained in the MND for this project and subject to the conditions of approval for this project. 5. APPROVES the Vesting Tentative Map (County File #SD ), subject to the mitigation measures, conditions of approval and adoption of the General Plan Amendment and Rezoning by the Board of Supervisors, and this Commission ADOPTS the findings supporting such approval. Page 2

24 BE IT FURTHER RESOLVED that the reasons for these recommendations are as follows: FINDINGS I. Growth Management Element Performance Standards Traffic: A traffic study is required in Contra Costa County for all projects that generate 100 peak-hour trips. With 67 residential units, it is estimated that the Newport Pointe project could generate approximately 67 peak-hour trips. The applicant prepared a Traffic Impact Analysis (Prepared by Abrams Associates, September 2010) for the project that was reviewed by the County Public Works Department. The Traffic Study found that the vehicle trips generated by the project would have a less-than-significant impact, including impacts associated with traffic congestion, traffic services, and pedestrian and bicycle circulation. The study intersections were 1. Newport Drive and Newport Lane/Project Entrance, 2. Newport Drive and Bixler Road and 3. Newport Drive and Highway 4. Water: Water would be supplied to the project by the Town of Discovery Bay Community Services District (TDBCSD). The TDBCSD had a Water Master Plan (Water MP) prepared in January of 2012 that identified projected growth, including Newport Pointe, through The improvements and programs in the Water MP would be implemented through a Capitol Improvement Plan (CIP) funded by financial mechanisms approved by the TDBCSD. The Newport Pointe project would be required to pay their fair share towards the improvements identified in the Water MP. To assure that the development of Newport Pointe does not outpace infrastructure the Project is required to submit a Will Serve letter to the County prior to recording the Final Map. The project would require approval from the Contra Costa LAFCO for sphere of influence amendments and corresponding annexation into the TDBCSD service boundary for water services. Sanitary Sewer: Wastewater collection and treatment services would be provided to the project by the Town of Discovery Bay Community Services District (TDBCSD). The Discovery Bay Wastewater Treatment Plant is undergoing a phased expansion to provide adequate service and capacity to both existing and proposed developments in the Town of Discovery Bay. The TDBCSD has prepared a Wastewater Master Plan (Wastewater MP) in February 2012 that identified projected growth, including Newport Pointe, as part of the process to upgrade its wastewater treatment facility. Similar to the Water MP, the Wastewater MP includes recommended improvements to meet the District s projected wastewater demands through The improvements would be implemented through a Capital Improvement Program (CIP) funded by financial mechanisms approved by the TDBSCD. The plan would include new capacity fee to charge new development for its fair share of wastewater treatment upgrades that are necessary to serve both the existing community and new development. The Newport Page 3

25 Pointe project would be required to pay their fair share towards the improvements identified in the Wastewater MP CIP. To assure that the development of Newport Pointe does not outpace infrastructure, the Project is required to submit a Will Serve letter to the County prior to recording the Final Map. The project would require approval from the Contra Costa LAFCO for sphere of influence amendments and corresponding annexation into the TDBCSD service boundary for sewer services. Fire Protection: According to County General Plan, Fire Protection Policies, the Fire Department shall strive to reach a maximum running time of 3 minutes and / or 1 ½ miles from the nearest fire station, and new development shall pay its fair share of costs for new fire protection facilities and services. The project is within 1 ½ miles of Fire Station 59 at 1801 Bixler Road and the project will pay its fair share of fire protection services. In addition, all of the proposed homes will be sprinklered. Public Protection: Police protection services in the project vicinity are provided by the Delta Station of the Contra Costa County Sheriff s Office, located at 220 O Hara Avenue within the City of Oakley. The Delta Station provides police services to the following three areas (Lt. M. Burton 2010-Pantages Bays DEIR, June 2012): Beat 31: Unicorporated areas of Antioch, Brentwood and Oakley Beat 32: Discovery Bay Beat 33: Bethel Island, Knightsen and Byron The applicant is conditioned to establish a police services district prior to recording of the Final Map which augments police services by voting to approve a special tax for the parcels created by this subdivision approval. Parks and Recreation: The County General Plan Growth Management Element requires new development to provide 3 acres of neighborhood parkland per 1000 people. Pursuant to the County s dedication requirements, the 67 unit project (population 174) would be required to dedicate.6 acres. The applicant is proposing a.72 acre dog park as part of the project. Flood Control and Drainage: The County Floodplain Ordinance requires that a Floodplain Permit be obtained for all planned improvements on lands subject to inundation by the 100- year flood. As noted above, the project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps and therefore is required to comply with the ordinance. For this project to comply with the ordinance it is assumed that an average of 5 ½ feet of fill dirt will be needed to lift a portion of the site, which is planned for homes, out of the flood plain. The wetland area would not have fill dirt. It has been determined that this equates to approximately 130,000 cubic yards of dirt that will have to be hauled in and spread over that portion of the site. Page 4

26 As noted above, the project is to be graded so the general direction of drainage within in land development project (e.g. street drainage) is to the east, and the project includes bioretention facilities. These grading and drainage improvements are needed for compliance with C.3 Clean Water standards. The bio-retention facility will slow runoff and allow pollutants and sediment to be captured by the basin, and provide the opportunity for infiltration and evaporation to occur. With regard to the volume of runoff, the site drainage outfalls into a ditch that is connected to Delta waterways. There is no risk that the increase in the volume of runoff will result in on-site or off-site flooding. This is because of the linkage on project runoff to Delta waterways. II. Findings to Adopt a Rezoning A. Required Finding: The change proposed will substantially comply with the General Plan. Project Finding: The site currently is zoned Heavy Agricultural District (A-3). The proposed rezoning to P-1, Planned Unit Development will be consistent with the proposed General Plan Amendment of Single Family Residential - High Density(SH), Single Family Residential - Medium Density (SM), Open Space (OS) and Parks and Recreation (PR). B. Required Finding: The uses authorized or proposed in the land use district are compatible within the district and with uses authorized in adjacent districts. Project Finding: The primary use proposed is a residential P-1 planned unit development compatible with and substantially based on the standards contained under the R-6, R-7, and R-10, R-15 residential zoning districts, and it includes area within the development set aside for open space and park and recreational uses. The proposed project is consistent with the adjacent districts to the north and east which are single family residential neighborhoods with comparable residential densities and are zoned P-1 as well. C. Required Finding: Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Project Finding: The proposed use will provide new housing that assist in meeting the housing supply needs identified in the Housing Element of the General Plan. III. Findings for Adoption of a Planned Unit District (P-1) and Approval of a Final Development Plan Page 5

27 A. Required Finding: The applicant intends to start construction within two and one-half years from the effective date of the zoning change and plan approval. Project Finding: The applicant has indicated they will start construction within the two and one half years from the effective date of the zoning change and plan approval. B. Required Finding: The proposed planned unit development is consistent with the County General Plan. Project Finding: The Project site currently has General Plan designation of Agricultural Lands (AL). The proposed planned unit development is consistent with the General Plan as it is proposed for amendment, as explained in Section II.A of these Findings. C. Required Finding: In the case of residential development, it will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. Project Finding: The development is in harmony with the surrounding residential neighborhoods to the north and east. D. Required Finding: The development of a harmonious, integrated plan justifies exceptions from the normal application of this code. Project Finding: The proposed project harmoniously integrates residential development with open space and parks and recreation which justifies exceptions from the normal application of this code. IV. Findings to Approve a Tentative Map A. Required Finding: The County Planning Agency shall not approve a tentative map unless it shall find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the applicable general and specific plans required by law. Project Finding: As demonstrated in Section V of these Findings, the proposed project (which includes a tentative map) is consistent with the General Plan, as it is proposed for amendment. There are no specific plans applicable to the Subject Properties. Based on the entire record and a summarized herein, the tentative map is consistent with the County General Plan, as it is proposed for amendment. B. Required Finding: The County Planning Agency shall not approve a tentative map unless it shall find that the proposed subdivision fulfills construction requirements. Page 6

28 Project Finding: As required by the conditions of approval and the Mitigation Measures, the tentative map shall fulfill all applicable County imposed construction requirements. Based on the entire record and as summarized herein, the proposed subdivision fulfills construction requirements. V. General Plan Consistency A. The Project, which includes the General Plan Amendment, will be consistent with the General Plan. The project site is located inside the Urban Limit Line and therefore has the potential for urban development. The project complies with the 65/35 Contra Costa County Land Preservation Plan that requires that at least 65 percent of all land in the County be preserved for agriculture, open space, wetlands, parks or other non-urban uses. The re-designation of the Subject Properties acreage from the Agricultural Lands (AL) designation to the Single Family Residential High Density (SH), Single Family Residential Medium (SM), Open Space (OS), and Park and Recreation (PR) designations would result in the conversion of approximately 13 acres of AL (nonurban) lands to the General Plan s urban use designations, more specifically acres to SH and 1.23 acres to SM. The conversion of 13 acres non-urban use lands to urban use designations would not result a violation of the 65/35 land preservation standard. The project site does not contain farmland designated Prime, Unique, or of Statewide Importance according to the California Department of Conservation Contra Costa County Important Farmland Map Furthermore, according to the United States Department of Agriculture (USDA) revised Storie Index, which is a method of soil rating based on soil characteristics that govern the land's potential agricultural utilization and productivity capacity, the project site is rated Grade 6 (Non Agriculture): soils rated under 10 percent out of a 100 percent scale, include for example, tidelands, riverwash, soils with high alkali content, and steep broken land. The USDA s Soil Survey of Contra Costa County identifies the Subject Properties as containing clay soils with high alkali content (high ph > 8.5), exhibiting poor soil structure, and low water infiltration capacity. The General Plan Amendment approved for this Project will not cause the General Plan to become internally inconsistent. The General Plan Amendment and the remainder of the General Plan comprise an integrated, internally consistent and compatible statement of policies for the County. The various land uses authorized for the Project, and each of its components, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan. The Project is compatible with and conforms to the objectives, policies, general land uses and programs specified in the General Plan. The Project will further the objectives and policies of the General Plan and not obstruct their attainment. B. The Commission has considered the effects of the Project on the housing needs of the region and balanced those needs against the public service needs of County residents and available fiscal and environmental resources. The Project helps to achieve a desirable balance. The Project provides, to the extent feasible, for future passive or Page 7

29 natural heating or cooling opportunities. The Project is in harmony with surrounding land uses to the north and east. C. The General Plan comprises many objectives, policies, principles, programs, standards, proposals and action plans (collectively policies ), as well as performance standards. At times the policies necessarily compete with each other. Examples of the tensions between General Plan policies are found between those policies that promote managed growth, and those that provide for protection of resources that exist because land is undeveloped (such as open space, visual resources and agricultural land). As part of approving the Project, all applicable General Plan policies and the extent to which the Project conforms to each of those policies have been considered. D. The Commission has fully evaluated the extent to which the Project achieves each policy, including those pertaining to compatibility of land uses, compliance with principles of the Urban Limit Line, Measure C-1990 and Measure J-2004, protection of open space, standards regarding geology, soils and earthquake risks, hazardous materials, flood hazards and drainage, protection of water quality, protection of biological resources, transportation standards and goals, regional and local housing needs, jobs/housing balance, noise, protection of air quality, protection of visual resources, standards for public services and utilities, and protection of archeological and historical resources. The Commission has also fully considered the Project s compliance with all performance standards in the General Plan, including the Growth Management Element policies and standards (including those for traffic levels of service), and performance standards for public services and facilities. E. The Commission finds that through the development of housing at various economic levels, the Project will help implement housing-related goals of the General Plan. F. The Commission acknowledges that the proposed residential designations are consistent with densities in neighboring development to the north and east. VI. Measure C-1988, 1990 and Measure J-2004 and Related Resolutions The Commission has considered the Project s compliance with the traffic service objectives of Measure C-1988 and Measure J , the Contra Costa Transportation Improvement and Growth Management Program and related Contra Costa Transportation Authority (CCTA) resolutions. A. Measure C-1988 established a Growth Management Program, to assure that future residential, business and commercial growth pays for the facilities required to meet the demands resulting from that growth. The Growth Management Program requires the County to adopt Traffic Level of Service (LOS) Standards keyed to types of land use, and to comply with the adopted standards; to adopt a development mitigation program to ensure that new growth is paying its share of the costs associated with that growth; to participate in the forum established by the Authority to cooperate in easing cumulative traffic impacts, using the CCTA computer model; and to develop an Page 8

30 implementation program that creates housing opportunities for all income levels. Measure J amended Measure C to continue transportation sales tax to fund Contra Costa s transportation projects. B. The County has complied with all these requirements. Most important, the County is achieving Measure C-1988 and Measure J s overarching goal that development pay its own way. The County has identified Project mitigations to ensure that the Applicant will defray the cost of those improvements that are proportionately attributable to the development. NOW BE IT RESOLVED that the secretary of this Commission will sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors, all in accordance with the Government Code of the State of California. AYES: NOES: ABSENT: ABSTENTIONS: Marvin Terrell Chair of the County Planning Commission County of Contra Costa, State of California ATTEST: Aruna Bhat, Secretary County of Contra Costa State of California G:\Current Planning\curr-plan\Staff Reports\Major Subdivisions\SD \SD _PCRESO.doc Page 9

31 CONDITIONS OF APPROVAL COUNTY FILE # S SD & DP Administrative 1. This approval is based on the exhibits/reports received by the Community Development Department listed as follows: A. Tentative Map and Development Plan, Sheet T 01 & 02 and DP 01 & 02, dated Received by the Community Development Department on June 30, B. Preliminary Geologic and Geotechnical Report Subdivision , Discovery Bay, CA, dated March 8, 2010, by Cal Engineering & Geology. C. Supplemental Geologic and Geotechnical Report Subdivision , Discovery Bay, CA, dated July 29, 2010, by Cal Engineering & Geology D. Biological Resource Analysis Newport Pointe Bixler Road, Discovery Bay, dated August 30, 2010, by Monk & Associates, Inc. F. Traffic Impact Study, Newport Pointe, Discovery Bay, dated September 23, 2010, by Abrams Associates. G. Traffic Impact Study Appendix. Newport Pointe, Discovery Bay, dated September 2010, by Abrams Associates. H. Preliminary Landscape Plan, sheet L1, dated February 25, 2010, by Thomas Baak & Associates, LLP I. Confirmed Wetland Delineation, Discovery Bay Project Site, by Monk & Associates J. Architectural Renderings, Plan 1, 2, & 3, dated March 18, 2009, by OAG K. The Recirculated Mitigated Negative Declaration for the project dated December 17, This subdivision is approved contingent upon the following Board of Supervisors actions; A. Approval of the proposed General Plan amendment, County File #GP B. Approval of the rezoning application, County File # RZ

32 C. Approval of the Preliminary / Final Development Plan, County File DP This approval allows for a maximum of 67 residential lots in phases. 4. This application is subject to an initial application fee, which was paid with the application submittal, plus time and material costs if the application review expenses exceed 100% of the initial fee. Any additional fee due must be paid within 60 days of the permit effective date or prior to use of the permit whichever occurs first. The fees include costs through permit issuance plus five working days for file preparation. You may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. The term applicant throughout these conditions also means developer. Development Standards 5. A. Except as modified by the Application Exhibits or by the conditions herein, the guide for development shall be the Single Family Residential (R-6) District, and subject to the Zoning Administrator s review and approval at least thirty (30) days prior to the issuance of building permits. B. At least 30 days prior to the issuance of building permits for the residences, the applicant shall submit revised elevations for review and approval of the Zoning Administrator. C. At least 60 days prior to filing the Final Map, a site plan shall be submitted for review and approval of the Zoning Administrator showing typical elevations, driveways, fencing plans, landscaping and street tree locations based on the exhibits submitted with this application. Included in the plan there shall be a detailed plan specifying the pattern of phasing, including common area improvements. Indemnification 6. Pursuant to Government Code Section , the applicant (including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the County, agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents, officers, or employees to attack, set aside, void, of annul, the Agency s approval concerning this subdivision map application, which action is brought within the time period provided in Section The County will promptly notify the subdivider of any such claim, action, or proceeding and cooperate fully in the defense. Page 2

33 Compliance Report 7. At least 45 days prior to filing a final map or issuance of grading permit, which ever occurs first, the applicant shall submit a report on compliance with the conditions of approval with this permit for the review and approval of the Zoning Administrator. The fee for this application is a deposit of $1,000 that is subject to time and materials costs. Should staff costs exceed the deposit, additional fees will be required. A. Except for those conditions administered by the Public Works Department, the report shall list each condition followed by a description of what the applicant has provided as evidence of compliance with that condition. (A copy of the computer file containing the conditions of approval may be available; to try to obtain a copy, contact the project planner at ) B. Unless otherwise indicated, the applicant will be required to demonstrate compliance with the conditions of this report prior to filing the final map. Child Care 8. At least 30 days prior to the issuance of building permits, the developer shall pay a fee of $ per lot upon which a residence is being built for childcare facility needs in the area as established by the Board of Supervisors. Police Services 9. The owner of the property shall participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the parcels created by this subdivision approval. The tax shall be the per parcel annual amount (with appropriate future CPI adjustment) then established at the time of voting by the Board of Supervisors. The election to provide for the tax shall be completed prior to filing the Final Map. The property owner shall be responsible for paying the cost of holding the election, payable at the time the election is requested by the owner. Allow a minimum of three to four months for processing. Fire Protection Services 10. The applicant shall comply with the Contra Costa County Fire Protection District standards. Page 3

34 Homeowners Association 11. A homeowners association shall be formed for the ownership and maintenance of all common areas including private streets, common landscaping, dog park, and parcels A, B and C. The maintenance of the dog park, open space, lighting and landscaping may be the responsibility of the Town of Discovery Bay Community Services District (TDBCSD) if the applicant enters into an agreement with the TDBCSD as shown in Mitigation Measure AES-1 (c) below. CC&R s 12. The covenants, conditions and restrictions ( CC&Rs ) for development shall be submitted for the review and approval of the Zoning Administrator at least 60 days prior to filing the Final Map. This document shall provide for the ownership and maintenance of private roads, parcels A, B & C, street lights, landscaping and dog park. Also the CC&R s shall establish standards for fencing and storage of recreational vehicles. 13. The CC&R s document shall include drainage improvement maintenance plan, landscape maintenance plan and a fencing plan program. 14. The CC&R s shall reference the geotechnical reports for this project with the recommendations. 15. Prior to filing the final map the applicant shall submit to the Zoning Administrator for review and approval a deed disclosure for each of the lots. The purpose of the deed disclosure is to inform the property owner that there is a homeowners association for the development and there are CC&R s for this development. Aesthetics 16. The applicant shall prepare a plan that includes the entry way to the development, fencing, open space, dog park, lighting, solar field array and landscaping for the review and approval of the County Zoning Administrator at least 60 days prior to recordation of the Final Map. The open space and dog park plan shall identify maintenance measures. The lighting and landscaping plan shall reduce lighting impacts. Exterior lighting shall be low mounted, downward casting and shielded, utilize motion detection systems where applicable and not wash out onto adjacent properties. Generally, fixtures shall not be located at the periphery of the property. They shall not be flood lights. To implement the plan, the project shall: Page 4

35 a) annex to the Community Facility District (CFD) formed for County Wide Street Light Financing. b) the Homeowners Association (HOA) to cover long term costs of lighting, landscaping, open space and dog park, or c) enter into an agreement with the Town of Discovery Bay Community Services District to maintain dog park, open space, lighting and landscaping. d) identify entity that will construct, own and maintain the solar field array (Mitigation Measure AES-1) Air Quality Control Measures for Construction Emissions 17. Consistent with guidance from the BAAQMD, the following actions shall be required of construction contracts and specifications for the project site. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. During dry and windy conditions all exposed surfaces shall be watered four times per day. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. All vehicle speeds on unpaved roads shall be limited to 15 mph. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. All construction equipment shall be maintained and properly tuned in accordance with manufacturer s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.( Mitigation Measure AIR-1) Page 5

36 18. In addition to the above measures the following measures to reduce dust shall be incorporated into the project: Limit traffic speeds on any unpaved roads to 15 mph. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. Replant vegetation in disturbed areas as quickly as possible. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site. Biology San Joaquin spearscape 19. In order to offset the project s impact on San Joaquin spearscale the applicant shall implement one of the following measures: 1. Preserve San Joaquin spearscale habitat to compensate for spearscale habitat loss at a 1:1 or greater ratio. Approximately 3 acres of occupied San Joaquin spearscale habitat will be preserved within the proposed 4.85 acre on-site mitigation preserve. Seeds will be collected from the spearscale plants that will be impacted and redistributed to exposed/disturbed soils within the onsite mitigation preserve to avoid a net loss of this population. 2. With permission from the CDFG and Contra Costa County, and in agreement with the Conservancy, the project proponent shall make a financial contribution to the Conservancy that will be used by the Conservancy to permanently protect San Joaquin spearscale habitat. ( Mitigation Measure BIO-1) Special-status plants (other than San Joaquin spearscape) 20. One season of focused special-status plant surveys will be conducted on the site. These surveys will be conducted according to CNPS (2001), CDFG (2009), and USFWS (1996) protocols during the appropriate blooming periods of the target species to determine the presence of special-status plants for which suitable habitat occurs on the site. A report shall be prepared according to CNPS and CDFG standards for reporting the results of rare plant surveys and minimally shall include a list of all plants observed on the site, the name of the surveyors, the dates of the surveys, the target species for the surveys, reference sites visited, and a description of habitats onsite. Page 6

37 Vernal Pool Fairy Shrimp If special-status plant species are found, the project sponsor shall prepare a mitigation plan that describes the avoidance or compensatory mitigation measures that will be implemented for these populations. Mitigation for impacts to special-status species shall first include avoidance measures when feasible and compensatory mitigation when avoidance is not possible. Compensatory mitigation shall include collecting the seeds of the impacted species and redistributing them to the onsite preserved mitigation area. If the special-status plants that are found are state or federally listed species protected pursuant to the California and/or Federal Endangered Species Acts, appropriate incidental take permits shall be required from the California Department of Fish and Game and/or U.S. Fish and Wildlife Service depending on which agency has jurisdiction over the species being impacted. The County shall be provided copies of any incidental take permits and any conditions of those permits shall become a condition of project approval (Mitigation Measure Bio-2) 21. In order to offset the project s impact on Vernal pool fairy shrimp the applicant shall implement one of the following measures: 1. Purchase credits in an existing fairy shrimp mitigation bank at a ratio determined during negotiations with USFWS during Section 7 Consultation between the Corps and the USFWS. 2. Acquire suitable mitigation property via fee title at a ratio determined during negations with USFWS during Section 7 Consultation between the Corps and the USFWS. This property would have to be protected in perpetuity via recordation of a conservation easement, through transfer of title to a qualified conservation organization or some other mechanism deemed appropriate by the County. The property must be managed to inure to the benefit of vernal pool fairy shrimp. 3. With permission from state and federal regulatory agencies and in agreement with the Conservancy, the project proponent shall make a financial contribution to the Conservancy to offset the project s impact to the fairy shrimp. The financial contribution to the Conservancy or the amount of mitigation land that shall be purchased via fee title shall be determined during negotiations with the USFWS during Section 7 consultation between the Corps and the USFWS (BIO-3). The use of any of these options will require USFWS approval which will be determined through the Section 7 consultation process between the Corps and the Service. Page 7

38 Swainson s Hawk Foraging Habitat Prior to grading, if authorized by the USFWS, the top four inches of soil from any suitable fairy shrimp pool which will be filled and is occupied by fairy shrimp, will be removed and spread in the bottom of seasonal wetland created in the on-site mitigation area. Prior to the removal of occupied fairy shrimp habitat, documentation of the authorized method of mitigation will be provided to the Contra Costa County Department of Conservation and Development. This will include a copy of the project s Biological Opinion from the USFWS and any agreement/contract from a mitigation bank, HCP/NCCP or privately acquired mitigation parcel. (Mitigation Measure Bio-3) 22. In order to avoid direct take of Swainson s hawks, if there are any large trees on or near the project site (within ¼- mile radius), a qualified biologist will conduct pre-construction nesting surveys for this species. If an active nest is identified within ¼ mile of the project site, nesting season avoidance measures will be implemented in consultation with CDFG. In order to offset the project s impact on Swainson s Hawk Foraging Habitat the applicant shall implement one of the following measures: Borrowing Owl Breeding Habitat 1. Dedicate and preserve 9.8 acres (this is a 1:¾ impact to mitigation ratio), or as approved by the CDFG, to a conservation organization. An operating endowment shall be provided to the conservation organization to manage any preserved lands in perpetuity. 2. With permission from state and federal regulatory agencies and in agreement with the Conservancy, the applicant may make a financial contribution to the Conservancy, commensurate with approximately 9.8 acres of Swainson s hawk foraging habitat (Mitigation Measure BIO-4) 23. A preconstruction survey to determine if burrowing owls are present on or within 250 feet of proposed development shall be conducted by a qualified biologist no more than 30 days prior to the initiation of any constructionrelated activities. If burrowing owls are observed on or near the construction area during these surveys, the construction contractor shall implement an exclusion zone (i.e., an area in which no project-related activities are allowed) around the occupied burrow during the breeding season (February 1 to August 31). The size of the exclusion zone shall be determined by a qualified biologist in consultation with the California Department of Fish and Game (CDFG). No project activity shall occur within the exclusion area until the young have fledged. If necessary and as approved by CDFG, passive Page 8

39 relocation of owls, (i.e., the exclusion of owls from burrows through the placement of one-way doors into burrow entrances) shall be implemented during the non-breeding season (i.e., September 1 to January 31). If an occupied burrow is detected, the project will permanently preserve 6.5 acres of burrowing owl habitat at an off-site location, as approved by CDFG. With permission from the state and federal regulatory agencies and in agreement with the Conservancy, the applicant may make a financial contribution to the Conservancy to mitigate impacts to the burrowing owl (Mitigation Measure Bio-5) Birds 24. If clearing and grading activities are scheduled during the nesting season(february 15 to August 15), a qualified biologist shall conduct a preconstruction nest survey of all suitable nesting habitat on the project site. The survey shall be conducted no more than 14 days prior to the start of work. If the survey detects nesting birds, protective buffer zones shall be established around the nests. The buffer zone shall be a 50-foot radius centered on the nest. In some cases, this buffer zone may need to be increased, depending on the bird species. Expansion of the buffer zone will be based on recommendations of the project biologist. If any birds are identified nesting on the site, site grading and other ground disturbance (such as vegetation clearing) would be postponed until it is determined by a qualified biologist that the young have fledged and have attained sufficient flight skills to leave the project site. Unless otherwise prescribed for special status bird species, upon completion of nesting no further protection or mitigation would be warranted for nesting birds. (Mitigation Measure BIO-6) Iodine bush scrub 25. Preserve 6.7 acres of iodine bush scrub to compensate for the loss of occupied iodine bush habitat at a 1:1 ratio. Approximately 3 acres of iodine bush scrub will be permanently preserved and recreated within the 4.85 acre on-site mitigation preserve. Iodine bush and San Joaquin spearscale naturally co-exist so there is no issue with mitigating both species within the onsite 4.85 acre preserve. Seeds will also be collected from the on-site iodine bush scrub stands that would be impacted by construction of the proposed project and redistributed to exposed/disturbed soils within the onsite mitigation preserve to avoid a net loss of this population. An additional 3.7 acres of Iodine bush habitat would be permanently preserved at an off-site location. Alternatively, with permission from the CDFG and Contra Costa County, and in agreement with the Conservancy, in lieu of permanent off site preservation of this habitat, the project proponent shall make a financial contribution to the Conservancy. The Conservancy Page 9

40 shall use this funding to permanently protect 3.7 acres of Iodine bush habitat as necessary to offset the project s impacts on iodine bush scrub habitat (Mitigation Measure BIO-7) Wetlands 26. Authorization from the Corps and the RWQCB shall be obtained prior to filling any waters of the U.S. /State on the project site. Evidence of authorization shall be provided to the County Zoning Administrator prior to grading permits/ building permits which ever occurs first. Cultural Create 1.0 acre of seasonal wetland habitat to compensate for wetland habitat loss at a 2:1 ratio. Project plans currently propose the creation of 1.0 acre in the onsite mitigation area. Mitigation wetlands will be created in areas of the onsite mitigation area that do not support San Joaquin spearscale, thereby avoiding additional impacts to this species. The applicant will prepare a mitigation plan that provides the construction details for the wetland creation mitigation project. The created mitigation wetlands will be monitored for a minimum of five years or as otherwise specified in permitting conditions imposed by the Corps and RWQCB In lieu of the above wetland mitigation requirements, the applicant may purchase wetland credits from a Corps and RWQCB approved wetland mitigation bank. Proof that the Corps and RWQCB approved the credits and a copy of the credit receipt shall be provided to Contra Costa County (Mitigation Measure BIO-8) 27. In the event of the accidental discovery or recognition of any human remains the following steps shall be taken: 1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and If the coroner determines the remains to be Native American: The coroner shall contact the Native American Heritage Commission within 24 hours; The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American; Page 10

41 The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section ; or 2. Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance: The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the Commission; The identified descendant fails to make a recommendation; or The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.vi. (Mitigation Measure CUL- 1) Geology 28. At least 30 days prior to recordation of the Final Subdivision Map or installation of improvements, submit a geotechnical report meeting the requirements of Subdivision Ordinance, Section for review of the County Peer Review Geologist, and review and approval of the Zoning Administrator. The report shall address the specific approach to development. This report shall (A) provide specific criteria and standards for identifying suitable import fill materials; (B) if import fills may be expansive or corrosive, provisions shall be made for the testing of soils on rough-graded pads and providing design measures to avoid/ control damage to foundations and buried utilities; (C) provide criteria for placement of engineered fill; (D) provide further evaluation of seismic settlement and other types of seismically-induced ground failure by recognized methods appropriate to soil conditions discovered during subsurface investigation; (E) provide detailed evaluation of the compressibility of the alluvial soils and forecast the anticipated amount of total settlement and timing of settlement; (F) provide any recommendations needed pertaining to either delay of construction to allow settlement to occur or placing a surcharge on the site to speed settlement; and (G) provide California Building Code seismic parameters. The report shall also (H) outline recommendations for geotechnical observation and testing services during site preparation-, grading- and foundation-related work. Page 11

42 Green House Gases Improvement, grading, and building plans shall carry out the recommendations of the approved report. When the grading, drainage and foundation-related work has been completed, the geotechnical engineer shall submit a Completion Report, documenting the observation and testing services provided during construction, and providing an opinion on the compliance of the as-built project with the geotechnical recommendations in the approved geotechnical report (Mitigation Measure GEO-1) 29. To reduce greenhouse gas emissions to a less-than-significant level, the following measures shall be incorporated into the project design: Noise Construction Noise The project developer shall install tankless water heaters in all residential units. The residential units shall be designed with energy efficiencies at 10 percent greater than those established in Title 24.( Mitigation Measure GHG-1) 30. All noise generating construction activities shall be limited to the hours of 7:30 A.M. to 5:30 P.M., Monday through Friday, and shall be prohibited on state and federal holidays on the calendar dates that these holidays are observed by the state or federal government as listed below: New Year s Day (State and Federal) Birthday of Martin Luther King, Jr. (State and Federal) Washington s Birthday/Presidents Day (State and Federal) Lincoln s Birthday (State) Cesar Chavez Day (State) Memorial Day (State and Federal) Independence Day (State and Federal) Labor Day (State and Federal) Columbus Day (State and Federal) Veterans Day (State and Federal) Thanksgiving Day (State and Federal) Day after Thanksgiving (State) Christmas Day (State and Federal) For specific details on the actual day the state and federal holidays occur, please visit the following websites: Page 12

43 Federal holidays: California holidays: To reduce daytime noise impacts due to construction to the maximum feasible extent, the applicant shall be required to develop a site-specific noise reduction program, subject to County review and approval, which includes the following measures: Equipment and trucks used for project construction shall utilize the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds, wherever feasible). Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used for project construction shall be hydraulically or electrically powered wherever possible to avoid noise associated with compressed-air exhaust from pneumatically powered tools. However, where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed-air exhaust shall be used; this muffler can lower noise levels from the exhaust by up to about 10 dba. External jackets on the tools themselves shall be used where feasible, which could achieve a reduction of 5 dba. Quieter procedures shall be used, such as drills rather than impact equipment, whenever feasible. Stationary noise sources shall be located as far from sensitive receptors as possible, and they shall be muffled and enclosed within temporary sheds, or insulation barriers or other measures shall be incorporated to the extent feasible. At least one week prior to commencement of grading or construction activities for each phase the applicant shall prepare a notice that grading or construction work will commence. The notice shall be posted at the site and mailed to all the owners and occupants of property within 300 feet of the exterior boundary of the project site as shown on the latest equalized assessment roll. The notice shall include a short description of the construction activity, a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of individuals responsible for noise and litter control, construction traffic and vehicles, erosion control, and the 24-hour emergency number, shall be expressly identified in the notice. The notice shall be re-issued with each phase of the project and a copy shall be mailed to the Project Planner at Contra Costa County Department of Conservation and Development. (Mitigation Measure NOI-1) Page 13

44 Construction Conditions 31. To ensure the quality of fill, to reduce the potential for damage to local roadways (i.e., not state) along the haul route to this site, and to reduce impacts to the neighborhood, the Applicant shall prepare a construction traffic management plan which shall: Identify the source of fill; Include a report prepared by a qualified soils engineer guaranteeing the quality of fill; Identify the haul route on a map of the area; Prepare a haul plan that describes roads used in the area; Provide for a complete pre-construction survey of the haul route; Limit construction access to and from the construction site to State Route 4 and Bixler Road. There shall be no construction vehicles allowed on Newport Drive. Detail measures that will avoid impacts on the neighborhood and schools including, but not limited to: avoidance of school related peak hour traffic, implementation of noise related measures (conditions of approval), dust control avoidance of school related peak hour traffic; implementation of noise related measures (conditions of approval); implementation of dust control measures Post additional security to guarantee road maintenance and repairs after material import and construction is completed; Limit timing of deliveries of fill to non-peak school hour and nonpeak traffic hours The applicant shall provide a pavement analysis for those roads along the proposed haul route or any alternative route(s) that are proposed to be utilized by the haul operation. This study shall any analyze the existing pavement conditions (with pictures), and determine what impact the hauling operation will have over the life of the project. The applicant shall be responsible for the cost of constructing the recommended repairs. Prior to filing of the Final Map the applicant shall execute a bonded road improvement agreement to assure the roadway repairs. The plan shall be reviewed and commented on by the Public Works Department and reviewed and approved by the Zoning Administrator prior to issuance of a grading permit. The Plan shall be submitted forty-five (45) Page 14

45 days prior to issuance of a grading permit or the commencement of importing fill to the site whichever occurs first. 32. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors concrete pumpers and power generators as far away from existing residences as possible. Unnecessary idling of internal combustion engines shall be prohibited. 33. At least one week prior to the commencement of any construction (e.g. grading) on the site, the applicant shall submit to the Zoning Administrator the name, title and telephone number of a designated construction supervisor to serve as a noise disturbance coordinator. The coordinator will be responsible for responding to any inquiries/complaints regarding noise/ dust activity on the site. The name, title, and telephone number of the coordinator shall be posted conspicuously at the project site. The coordinator shall transmit to the Community Development Department at four-week intervals, any records of any complaints along with the disposition. 34. The Applicant shall not interfere with existing neighborhood traffic flows. An on-site area in which to park earth-moving equipment and employee vehicles shall be provided. 35. The worksite shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 36. All chemicals and petroleum products stored on-site during construction shall be within a bermed containment area or other appropriate facility. The handling, storage and disposal of any hazardous materials used on the site will be in accordance with a business plan (or equivalent) on file with the County Health Services Department, Hazardous Materials Division. All refueling and vehicle maintenance activity shall be located away from the irrigation canal at the southeastern corner of the site. 37. All staging for the construction phase of the project must occur on the project site. There is to be no construction parking on the adjacent streets. Dog Park 38. Operating hours of the dog park are from 9 am to 6 pm Monday through Saturday only. (Mitigation Measure NOI-2) Page 15

46 Utilities Wastewater 39. Prior to recording the final map, the applicant shall provide documentation to the County ( e.g. Can & Will Serve letter), demonstrating to the satisfaction of the Zoning Administrator that the TDBCSD has identified and secured sufficient funding for the construction of any capacity or treatment improvements outlined in the Wastewater MP and necessary so that serving the project does not exceed the requirements of the RWQCB. Water Prior to issuance of the first occupancy permit, the applicant shall provide evidence to the County (including a letter from the TDBCSD) demonstrating to the satisfaction of the Zoning Administrator that capacity exists and that any source control measures are being implemented consistent with the requirements of the RWQCB. ( Mitigation Measure UTIL 1) 40. Prior to final map recordation, the applicant shall provide documentation to the County ( e.g. Can & Will Serve letter), demonstrating to the satisfaction of the Zoning Administrator that the TDBCSD has identified and secured sufficient funding for the construction of any required improvements outlined in the Water MP to ensure sufficient capacity exists to serve the project. Street Names Prior to issuance of the first occupancy permit, the Applicant shall provide evidence to the County (e.g a letter from the TDBCSD) demonstrating to the satisfaction of the Zoning Administrator that capacity exists to serve the project. (Mitigation Measure UTIL-2). 41. At least 30 days prior to filing the Final Map, proposed street names (public and private) shall be submitted for review by the Community Development Department, Graphics Section (Phone # ). Alternate street names should be submitted. The Final Map cannot be certified by the Community Development Department without the approved street names. Residential Design 42. At least 30 days prior to the issuance of building permits the applicant shall submit, for review and approval of the Zoning Administrator. Page 16

47 Inclusionary Housing 43. The applicant shall comply with the Inclusionary Housing Ordinance, Chapter subject to the review and approval of the Zoning Administrator. Fire Protection 44. The Applicant shall ensure that the final development plans comply with the requirements of the East Contra Costa County Fire Protection District including provision for water supply and fire hydrants, as determined by ECCFPD. Power Lines 45. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the Applicant shall record the following as a deed notification: The subject property is located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potential adverse health effects caused by the exposure to a magnetic field generated by high voltage lines. Although much more research is needed before the question of whether magnetic fields actually cause adverse health effects can be resolved, the basis for such a hypothesis is established. At this time no risk assessment has been made. When a Final Subdivision Report issued by the California Department of Real Estate is required, the Applicant shall also request that the Department of Real Estate insert the above notice in the report. Construction and Demolition Debris 46. At least 30 days prior to the issuance of the building and/or Demolition Permit(s), the developer shall submit a Debris Recovery Plan demonstrating how they intend to recycle, reuse or salvage building materials and other debris generating from the demolition of existing building and/or the construction of new buildings. At least 30 days prior to the final inspection of the first residential unit not including models, the developer shall submit a completed Debris Recovery Report documenting actual debris recovery efforts including the quantities of recovered and landfilled materials) that resulted from the project. Page 17

48 PUBLIC WORKS RECOMMENDED CONDITIONS OF APPROVAL FOR PERMIT SD Applicant shall comply with the requirements of Title 8, Title 9 and Title 10 of the Ordinance Code. Any exception(s) must be stipulated in these Conditions of Approval. Conditions of Approval are based on the development plan/tentative map submitted to Department of Conservation and Development, Community Development Division, on June 30, COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO FILING OF THE FINAL MAP. General Requirements: 47. In accordance with Section of the Ordinance Code, this subdivision shall conform to all applicable provisions of the Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. The drainage, road and utility improvements outlined below shall require the review and approval of the Public Works Department and are based on the Vesting Tentative Map received by the Department of Conservation and Development, Community Development Division, on June 30, Applicant shall submit improvement plans prepared by a registered civil engineer to Public Works Department and pay appropriate fees in accordance with the County Ordinance and these conditions of approval. The following conditions of approval are subject to the review and approval of Public Works Department: Roadway Improvements (Frontage Bixler Road & Newport Drive): 49. Applicant shall construct curb, minimum 5-foot sidewalk, necessary longitudinal and transverse drainage, street lighting, and pavement widening and transitions along the frontage of Bixler Road. Applicant shall construct face of curb 22 feet from the road centerline. 50. Any cracked and displaced curb, gutter, and sidewalk shall be removed and replaced along the project frontage of Newport Drive. Concrete shall be saw cut prior to removal. Existing lines and grade shall be maintained. New curb and gutter shall be doweled into existing improvements. 51. Applicant shall construct a street-type connection with minimum 20-foot radii curb returns in lieu of standard driveway depressions at Newport Drive. Page 18

49 52. Applicant shall locate any vehicular entrance gates a minimum 40 feet from the edge of pavement to allow vehicles to queue without obstructing through traffic. Sufficient area shall be provided outside any gate to allow a vehicle to turn around and re-enter Bixler Road and/or Newport Drive Road in a forward direction. Access to Adjoining Property: Proof of Access 53. Applicant shall furnish proof to Public Works Department of the acquisition of all necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements. Encroachment Permit 54. Applicant shall obtain an encroachment permit from the Application and Permit 55. Center for construction of driveways or other improvements within the right of way of Bixler Road and Newport Drive. Site Access 55. Applicant shall restrict access along the Bixler Road and Newport Drive frontages of this property, with the exception of the access points shown on the applicant's development plan/tentative map, as specifically approved under these conditions of approval. Abutter s Rights 56. Applicant shall relinquish abutter s rights of access along Bixler Road and Newport Drive with the exception of the proposed private road intersection at Newport Drive. Road Alignment/Intersection Design/Sight Distance: Sight Distance 57. Provide sight distance at Newport Drive for a design speed of 35 miles per hour. The applicant shall trim vegetation, as necessary, to provide sight distance at this intersection, and any new signage, landscaping, fencing, retaining walls, or other obstructions proposed at this intersection shall be setback to ensure that the sight line is clear of any obstructions. 58. Provide sight distance at Bixler Road for a design speed of 55 miles per hour. The applicant shall trim vegetation, as necessary, to provide sight distance at Page 19

50 Private Roads (on-site): this intersection, and any new signage, landscaping, fencing, retaining walls, or other obstructions proposed at this intersection shall be setback to ensure that the sight line is clear of any obstructions. 59. Applicant shall construct on-site roadway system to current County private road standards with a minimum traveled width of 16 feet, with 2 feet shoulder backing, within a 25-foot access easement subject to the review and approval of Public Works Department and Fire District. Applicant shall provide pedestrian access (sidewalks) at minimum on at least one side of the roadways. Street Lights: 60. Applicant shall annex to the Community Facilities District (CFD) formed for Countywide Street Light Financing. Landscaping: 61. The applicant shall submit two sets of landscape and automatic irrigation plans and cost estimates, prepared by a licensed landscape architect, to Public Works Department for review and to the Zoning Administrator for review and approval, prior to filing of the filing of the Final Map. 62. All landscaping to be maintained by the property owner (on individual lots) shall be submitted to the Zoning Administrator for review and approval. Bicycle - Pedestrian Facilities: Pedestrian Access 63. Curb ramps and driveways shall be designed and constructed in accordance with current County standards. A detectable warning surface (e.g. truncated domes) shall be installed on all curb ramps. Adequate right of way shall be dedicated at the curb returns to accommodate the returns and curb ramps. 64. Applicant shall design all public and private pedestrian facilities in accordance with Title 24 (Handicap Access) and the Americans with Disabilities Act. This shall include all sidewalks, paths, driveway depressions, and curb ramps. Page 20

51 Parking: 65. Parking shall be prohibited on one side of on-site roadways where the curb-tocurb width is less than 36 feet and on both sides of on-site roadways where the curb-to-curb width is less than 28 feet. No Parking signs shall be installed along these portions of the roads subject to the review and approval of Public Works Department. Utilities/Undergrounding: 66. Applicant shall underground all new and existing utility distribution facilities, including those along the frontage of Bixler Road. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. Construction: 67. Applicant shall provide a pavement analysis for those roads along any proposed haul route or any alternate route(s) that are proposed to be utilized during hauling operations. This study shall analyze the existing pavement conditions and determine what impact the hauling operation will have over the life of the project. The study shall provide recommendations to mitigate identified impacts. The applicant shall construct any recommended repairs and execute a bonded road improvement agreement to ensure the roadways are repaired adequately prior to filing of the Final Map. Maintenance of Facilities: 68. Property owner shall record a Statement of Obligation in the form of a deed notification, to inform all future property owners of their legal obligation to maintain the private roadway, landscaping, and street lights. The County will not accept these properties or facilities for ownership and/or maintenance. Page 21

52 Drainage Improvements: Collect and Convey 69. The applicant shall collect and convey all stormwater entering and/or originating on this property, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage system which conveys the storm waters to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. Exception 70. Applicant shall be permitted an exception to allow discharge of stormwater to roadside ditches provided that the applicant verifies the adequacy of the downstream ditch system or constructs any necessary improvements to make this system adequate to handle ultimate storm water runoff. Miscellaneous Drainage Requirements: The applicant shall design and construct all storm drainage facilities in compliance with the Ordinance Code and Public Works Department design standards. 71. Applicant shall prevent storm drainage from draining across the sidewalk(s) and driveway(s) in a concentrated manner. 72. A private storm drain easement, conforming to the width specified in Section of the County Ordinance Code, shall be dedicated over the proposed storm drain line traversing the site. 73. Drainage Area 52 has inadequate maintenance funding. The construction of this development should not result in added costs or reduction of revenue for the County or Flood Control District. As one of the mitigation measures for the adverse drainage impacts of this development, the applicant shall annex into a County Maintenance Benefit Assessment District (MBAD) to provide a perpetual funding source for maintenance of the regional drainage area facilities. The County is in the process of forming this MBAD. If this MBAD is formed prior to final approval of this development, then the applicant shall annex into the MBAD. National Pollutant Discharge Elimination System (NPDES): 74. The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construction and industrial activities as promulgated by the Page 22

53 California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay - Region II, or Central Valley - Region IV). 75. Compliance shall include developing long-term best management practices (BMPs) for the reduction or elimination of storm water pollutants. The project design shall incorporate wherever feasible, the following long-term BMPs in accordance with the Contra Costa Clean Water Program for the site's storm water drainage: - Minimize the amount of directly connected impervious surface area. - Construct concrete driveway weakened plane joints at angles to assist in directing run-off to landscaped/pervious areas prior to entering the street curb and gutter. - Place advisory warnings on all catch basins and storm drains using current storm drain markers. - Other alternatives comparable to the above as approved by Public Works Department. - Shallow roadside and on-site swales. - Distribute public information items regarding the Clean Water Program and lot specific IMPs to buyers. - Shared trash bins shall be sealed to prevent leakage, OR, shall be located within a covered enclosure. Stormwater Management and Discharge Control Ordinance 76. The applicant shall submit a final Storm Water Control Plan (SWCP) and a Stormwater Control Operation and Maintenance Plan (O+M Plan) to the Public Works Department, which shall be reviewed for compliance with the County s National Pollutant Discharge Elimination System (NPDES) Permit and shall be deemed consistent with the County s Stormwater Management and Discharge Control Ordinance ( 1014) prior to filing of the final map. To the extent required by the NPDES Permit, the final Stormwater Control Plan and the O+M Plan will be required to comply with NPDES Permit requirements that have recently become effective that may not be reflected in the preliminary SWCP and O+M Plan. All time and materials costs for review and preparation of the SWCP and the O+M Plan shall be borne by the applicant. 77. Improvement Plans shall be reviewed to verify consistency with the final SWCP and compliance with Provision C.3 of the County s NPDES Permit and the County s Stormwater Management and Discharge Control Ordinance ( 1014). Page 23

54 78. Storm water management facilities shall be subject to inspection by Public Works Department staff; all time and materials costs for inspection of stormwater management facilities shall be borne by the applicant. 79. Prior to filing of the final map, the property owner(s) shall enter into a standard Stormwater Management Facility Operation and Maintenance Agreement with Contra Costa County, in which the property owner(s) shall accept responsibility for and related to operation and maintenance of the stormwater facilities, and grant access to relevant public agencies for inspection of stormwater management facilities. 80. Prior to filing of the final map, the property owner(s) shall annex the subject property into Community Facilities District (CFD) No (Stormwater Management Facilities), which funds responsibilities of Contra Costa County under its NPDES Permit to oversee the ongoing operation and maintenance of stormwater facilities by property owners. 81. Any proposed water quality features that are designed to retain water for longer than 72 hours shall be subject to the review of the Contra Costa Mosquito & Vector Control District. Roadway Fees 82. The applicant shall pay regional roadway fees to the East County Regional Area of Benefit (ECRAOB) updated fee program. In the event that the ECRAOB update is not yet approved at the time of building permit issuance, the applicant shall pay its fair share of the projects with significant impacts that are listed in the ECRAOB updated project list as listed below. State Route 4/Byron Highway (south): Add a northbound to westbound left-turn lane from Byron Highway onto State Route 4 and widening State Route4 to its ultimate configuration. Sellers Avenue at Balfour Road: Install a traffic signal and construct left turn lanes at all four intersection approaches. Point of Timber Road at Byron Highway: Install a traffic signal. Marsh Creek Road at Sellers Avenue: Install a traffic signal. Camino Diablo at Vasco Road: Add a northbound right turn lane. Camino Diablo at Byron Highway: Install a traffic signal and provide left turn pockets on all approaches. 83. The applicant shall pay its fair share toward the cost of the projects listed below prior to issuance of building permits. These intersections have been identified to have unacceptable traffic conditions with the developments in the Discovery Bay area. The payment shall be deposited in the County Road Trust Account (Fund No. 8192). Page 24

55 Byer Road at Byron Highway: Install a traffic signal and southbound left turn lane. Point of Timber Road at Bixler Road: Install a traffic signal and add left turn lanes at all four intersection approaches. Marsh Creek Road at Bixler Road: Install a traffic signal. State Route 4 at Newport Drive: Install a traffic signal. 84. The applicant shall pay its fair share contribution to the Balfour Road widening to provide a County standard roadway section with standard shoulder widths between Sellers Avenue and Bixler Road. 85. Prior to issuance of any building permits, the applicant shall prepare a fee study for all the above projects listed under conditions to be mitigated via a fair share contribution to the County s Road Trust Account (Fund No. 8192) for review and approval by the Public Works Department. The study must provide calculations to determine a fair share contribution amount in current dollars based on the fair share percentage provided in the approved traffic study. ADVISORY NOTES The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the (STOP) Area of Benefit as adopted by the Board of Supervisors. The project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. The applicant shall be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No ) as they pertain to future construction of any structures on this property. This project may be subject to the requirements of the Department of Fish and Game. It is the applicant's responsibility to notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish and Game Code. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained. Although the Stormwater Control Plan has been determined to be preliminarily complete, it remains subject to future revision, as necessary, during preparation of improvement plans in order to bring it into full compliance with C.3 stormwater requirements. Failure to update the SWCP to match any revisions made in the improvement plans may result in a substantial change to the County approval, and the project may be subject to additional Page 25

56 public hearings. Revisions to California Environmental Quality Act (CEQA) documents may also be required. This may significantly increase the time and applicant s costs associated with approval of the application. G:\Current Planning\curr-plan\Staff Reports\Major Subdivisions\SD \SD _COAs.doc Page 26

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