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HomeMy WebLinkAboutMINUTES - 08281984 - T.7 *T-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , CALIFORNIA Adopted this Order on August 28, 19814 , by the following vote: AYES: Supervisors Powers , Schroder , McPeak, Torlakson NOES: None ABSENT: Supervisor Fanden ABSTAIN: None SUBJECT: Hearing on recommendation of the County Planning Commission with respect to rezoning application 2591-RZ filed by Kaufman & Broad of Northern California , Inc . , (applicant and owner ) , to rezone land in the Oakley area . This being the time fixed for hearing on recommendation of the County Planning Commission with respect to rezoning application 2591-RZ filed by Kaufman & Broad of Northern California , Inc . , (applicant and owner ) to rezone 35 acres from Heavy Industrial District (H- 1 ) to Planned Unit District (P- 1 ) in the Oakley area; and Harvey Bragdon , Assistant Director of Planning, described the �roperty site and advised that the California Environmental Quality Act requirements were accommodated by the Environmental Impact Reports previously certified by the County for the Hofmann�Miller property General Plan Amendment , and recommended that the board approve rezoning application 2591-RZ with a modification of conditi,on number 15 , as follows: The developer shall comply with the East County Education Facilities Plan of the County General Plan; and The Chairman opened the public hearing; and Tom Sanborn, representing Kaufman & Broad of Northern California , Inc . , appeared and urged the Board to approve rezoning application 2591-RZ subject to conditions imposed by the Planning Commission , and also stated that Kaufman & Broad of Northern California , Inc . , were working with other developers in the area to provide four portable classrooms to the Oakley Union School District for use during the 19814-85 school year; and Supervisor Torlakson inquired as to how long it would be before the proposed development would impose and impact on the Oakley Union School District; and Mr . Sanborn advised that the project proposed by Kaufman & Broad of Northern California , Inc . , would not create an impact on the Oakley Union School District until the school year of 1985-86 , as the homes in the proposed project are not expected to be completed until the summer of 1985, and also advised that the four portable classrooms should be available for use by the Oakley Union School District by approximately October 19814; and Louis T . Lozano , attorney, representing the Oakley Union School District , and the Liberty Union High School District , appeared and commented that he had met with Mr . Sanborn , before the Board meeting , and would be recommending to the Oakley School Board that they accept the four portables as offered by Kaufman & Broad of Northern California , Inc . ; and Supervisor Powers commented that he would like to ask the Planning Department to look at the possibility of putting forth a resolution which would declare a building moratorium in the Oakley area; and #-n Joyce Mandesian , Superintendent , Oakley Union School District , appeared and stated that she appreciated the efforts being made by Kaufman & Broad of Northern California , and stressed the fact that something needed to be done in terms of working for a long-term solution on the overcrowding of schools in the Oakley area; and The Chairman read into the record comments received from the following persons: Mary Ann Richards , 24 Larchwood Ct , Oakley; Lynne Griggs , 447 Larchwood Ct , Oakley; Vincent Hochderffer , Rt 3 Box 46 , Oakley; Diane Maybee , School Board Trustee of Oakley Union School District , appeared and commented that a crisis still exists in the Oakley Union School District , and that four portables for the coming school year would only eliminate a small percentage of the overcrowding problems which are presently being encountered in the school district , and also expressed concerns about the need for a long term solution; and The Chairman closed the public hearing, there being no one else desiring to speak; and Supervisor Torlakson recommended that the Board approve rezoning application 2591-RZ , subject to conditions imposed by the County Planning Commission; and Board members considered the matter , IT IS ORDERED that rezoning application 2591-RZ is APPROVED as recommended by the County Planning Commission subject to conditions imposed by the Planning Commission as set forth in Exhibit A attached hereto and by reference incorporated herein , and the Board hereby adopts the Planning Commission' s reasons as set forth in its Resolution No . 40-1984 as its determinations for this decision. IT IS FURTHER ORDERED that Ordinance number 84-43 giving effect to the aforesaid rezoning is INTRODUCED , reading waived and September 11 , 1984 is set for adoption of same . I hereby certify thn"thf ,a a true,nd c-orrectcepy of an actilon taker, of the Beard cs ATT Deputy Orig Dept: Clerk of the Board cc: Director of Planning Public Works Director County Assessor County Counsel Riverview Fire Protection District Kaufman & Broad of Northern California �1 CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3006-84: 1. Development shall be in accordance with the following exhibits as modified by revised Tentative Subdivision Map 6452 dated received by the Planning Department May 8, 1984, and the conditions listed below. A. Final Development Plan, scale 1" = 401, received February 27, 1984, as modified by the revised Tentative Subdivision Map 6452 and typical lot development received May 2, 1984. B. Typical Lot Development Plan, scale 1" = 201, received May 8, 1984. C. Tentative Subdivision Map 6452, scale 1" = 40' received May 8, 1984. D. Preliminary Grading Plan, scale 1" = 401, received February 27, 1984. E. Building Elevation Drawing, received February 27, 1984. 2. This development is approved for 210 single family residential units/lotsin compliance with the requirements of Subdivision 6452. 3. The guide for development shall be the Single Family Residential District (R-6), subject to review and approval by the Zoning Administrator prior to the issuance of building permits and subject to the following: A. Setbacks: A minimum of 10 feet with additional setback where feasible to provide some variation at the street frontage. Setback at garages shall be 15 to 20 feet. B. Sideyards: A minimum distance of 10 feet shall be provided between buildings. Any request by homeowners within the development for modification of the R-6 zoning requirements shall be made by recommendation from the homeowners association to the Planning Department, prior to issuance of building permits. 4. Prior to issuance of building permits, a landscape and irrigation plan shall be submitted for review and approval by the Zoning Administrator and shall include landscape improvements for open space and park areas. Landscaping shall be installed prior to occupancy. Fencing shall be installed along the south boundary of the development. 5. Prior to issuance of building permits, building design shall be subject to review and approval by the Zoning Administrator. The developer shall furnish easily seen house numbers to each unit, which may require illumination. 6. In conjunction with the adjacent development (Sub. 6333) the applicant shall review with staff possible areas where child care facilities may be located and if appro- priate, establishment of these uses shall be subject to further review and approval as may determined by the Zoning Administrator. 3006-84 Page 2 7. This approval is subject to adoption of ordinance for rezoning the property under application 2591-RZ. 8. Comply WA the requirements of the Public V forks Department. A. In accordance with Section 82-2.014 of the Countv Ordinance Code, this development shall conform to the requirements of Division 914 (Drainage) of the Subdivision Ordinance. B. Furnish proof to the Public Works Department, Land Development Division, that legal access to the property is available from Big Break Road. C. Mitigate the impacts of traffic from this development by: 1. Constructing the following or comparable improvements to be approved by the Public Works Department. ( Improvement plans are to be submitted, approved and work constructed or bonded through a Road Improvement Agreement prior to the issuance of any building permits) : To the extent not completed by Subdivision 6333, widen State Highway 4 to four lanes with a median (72-foot road within a 92-foot right of way) from the interchange at State Highway 160 to the intersection of State Highway 4 and "A" Street (Vintage Parkway) . Convey to the County, by Offer of Dedication, the right of tray necessary to accomplish the above required widening and improvements. OR, at the developer's option: 2. Prior to the issuance of any building permits, contribute $1,300 per dwelling unit to a Road Improvement Fee Trust Fund (Fund Pio. 819200-0800) designated toward State Highway 4 improvements in the Oakley area. If a road fee ordinance is adopted in this area, these funds will be transferred to the appropriate account and credited toward the subject property. NOTE: Construction of the above improvements or contribution to a Road Improvement Fee Trust Fund will be credited toward any road fees adopted by the Board of Supervisors. If a Community Facility Plan is adopted for this area, and this development participates in the plan, the requirements stated in subparagraphs 1 and 2 above will be considered fulfilled. 3. Improve State Highway 4 at Big Break Road and at "A" Street (Vintage Parkway) by constructing the necessary widening needed to provide or modify left-turn channelization, pavement widening and traffic signal installation at these two intersections, as approved by the Public Works Director. Convey to the County, by Offer of Dedication, the right of way necessary to accommodate the above improvements. D �U 3006-84 - Pg.- 3 4. • Reconstruct or provide crossing protection at the railroad inter- sec'ion with Big Brea:•: Road as required by the Public l•lorks Department and approved by the Public Utilities Commission. 5. Obtain approval from the AT&SF Rail! ay and the Public Utilities Co7mission for construction of the proposed separated grade crossing and improvements to the grade crossing at Big Break Road. Approval shall be acquired prior to the filing of final map. 6. Construct "A" Street (Vintage Parkway) as shown on the plans for Subdivision 6333 , between the eastern boundary of this sub- division (6452) and by Big Break Road, with the following configuration: a. Between "B" Street intersection to Big Break Road, "A" Street shall be two 18-foot travel lanes, a 12-foot pedestrian/bicycle sidewalk continued on one side, plus a 4-foot landscape area on that same side with an 8-foot landscape area on the opposite side for a total 60-foot right of way width. MOTE: A scale drawing of the various geometric sections to be used, shall be provided by the developer for Public Works Department approval. 7. No more than 400 building permits shall be issued between this development and Subdivision 6333 prior to the completion and operation of the new grade separation structure on "A" Street (Vintage Parkway) 8. Prior to the issuance of building permits, contribute a pro rata share toward the cost of a comprehensive East County Traffic Study. D. An encroachment permit for construction within State right of way shall be obtained from Caltrans through the Public Works Department, Land Development Division. E. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across sidewalks or on driveways. F. Construct storm drainage improvements in support of established stormdrain plans by: 1 . Installing Line H of the storm drain plan as shown on the attached PWD Drawing Pio. D-12242a from the AT&SF railroad track to the proposed Vintage Parkway located at the north boundary of the subject site. The suggested location for Line H would be along the proposed "A" Drive. 3006-84 - Pg. 4 2. ,-Installing the east-west portion of Line H along the proposed t "A" Street to the existing Line A, as sho�•an on PED Drat•aing No. D- 12242a, if the entire east/nest length of Line H along "A" Street (Vintage Parkway) is not constructed, or bonded, by Subdivision 5333 at the time the final map for Subdivision 6452 is submitted for approval . OR, in lieu of the above items 1 and 2, the developer may use other alignment options for Line H to better fit their planned subdivision improvements, still providing for the conveyance of stormwaters between the terminus of the above system. The developer shall submit such revised stormdrain plans for Public Works Department approval . 3. Constructing the Line H outfall into the existing earth channel next to the existing Line A outfall . 4. Placing the outfall of Line H into the natural channel at an elevation no lower than 0.5 feet, 1929 USGS Datum, and placing any other outfalls into the natural channel at or above 1.0 feet. The starting water surface elevation for Line H shall be at 3.5 feet for the 10-year storm design frequency. 5. Constructing those portions of the storm drain improvements that will be below elevation 5.0 feet, 1929 USGS Datum, as watertight storm drains. 6. The applicant will not receive compensation for constructing Line H as described above. 7. The applicant will not be charged a prorated fee for storm drainage connections to the existing Line A outfall . G. Dedicate drainage easements and observe structure setbacks pursuant to the requirements of the Ordinance Code for storm drains that convey runoff from public streets and/or are part of the drainage area plan. H. Submit a metes-and-bounds description and a plat, prepared by a licensed land surveyor or registered civil engineer, for the above-mentioned drainage easement(s) to the Public Works Department, Land Development Division, for review and the preparation of instruments. I. The above instrument(s) will be prepared by the Public Works Department, Land Development Division, upon request by the applicant and submittal of a current title report on the affected property. J. Furnish proof to the Public Works Department, Land Development Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. A U,HIM A 3006-84 — Pg . 5 F:. Install all ne.; utility distribution services underground. L. Submit improvement plans prepared by a registered civil engineer to the Public ldorks Department, Land Development Division, for review; pay the inspection, plan review and applicable lighting fees. These plans shall include any necessary traffic signing and striping plans for review by the County Traffic Engineer. The improvement plans shall be submitted to the Public Works Department, Land Development Division, prior to the issuance of any building permit. The review of improvement plans and payment of all fees shall be completed prior to the clearance of any building for final inspection by the Public Works Department. If final inspection is requested prior to construction of improvements, the applicant shall execute a road improvement agreement with Contra Costa County and post the bonds required by the agreement to guarantee completion of the work. ASA:dr 6452.8.t6 cc: Flood Control Kaufman & Broad of Northern California, Inc. Valley Engineers, Inc. EDPAC EKHMV W Dung A CONDITIONS OF APPROVAL FOR SUBDIVISION 6452: t 1. This approval is based upon the tentative map submitted with the application dated received by the.Planning Department May 8, 1984. 2. This approval is for 210 single family residential lots in conjunction and compliance with Development Plan 3006-84. 3. This approval is subject to adoption of ordinance for rezoning the property under application 2591-RZ. 4. Covenants, Conditions be Restrictions, Articles of Incorporation and By-Laws for mandatory homeowners' association shall be submitted with the Final Subdivision Map, subject to review by the Planning Department. These documents shall include provision for establishment, ownership and maintenance of the common open space and recreation areas, fencing and private streets. 5. With the filing of the final subdivision map, the Parkland Dedication requirements shall be met as follows: A. The 1.5 acre open space wildlife area at the west boundary shall be dedicated to the East Bay Regional Park District with provision for improvement and its protection as determined by the district. B. A riding and hiking trail within the 40 foot wide PG do E easement along the south boundary shall be dedicated to the East Bay Regional Park District, with trail improvement installed as determined by the district. C. The 6.9 acre park located along the south boundary shall be dedicated to the East Bay Regional Park District in the event the dedication is not accepted by the district, the park shall be owned and maintained by the homeowner's association of the development and consideration of credit toward in-lieu park dedication fees will be as determined by the Zoning Administrator. 6. The reduction of the noise level from the railroad operations shall be incorporated into the construction homes as discussed and recommended in the consultant report submitted with the application (Edward L. Park Associates, Inc., April , 1983) subject to final review and approval by the Zoning Administrator prior to issuance of building permits. Fencing shall be constructed along the south boundary of the subdivision similar to that required with the adjacent development to the east and west. 7. In accordance with the Board of Supervisors instructions during General Plan decisions on this area, the deeds for conveyance of these lots shall inform the purchasers of the presence of industrial land uses downwind from this project, and as a result, may experience impacts such as noise, chemical spills or odors from that area. 8. Applicant shall submit a Preliminary Soils Report to the Planning Department for review and approval. Report shall present recommended measures that, when ' Q7 Q EKH�DDD 7 A 6452 Page 2 implemented, are likely to prevent damage to private, public, and utility and service companies tfacilities from settlement, or instability for the life of the subdivision. Grading plans, building permit plans and improvement plans, and utility plans shall incorporate specific recommended measures. 9. If archaeologic materials are uncovered during grading, trenching or other on-site excavation, earthwork within 30 meters of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures, if they are deemed necessary. 10. Phasing for the development shall be as shown on the tentative map or as may be modified by the Zoning Administrator. 11. Prior to filing the final subdivision map, plans shall be submitted to the Planning Department for house numbering and approval of street names. 12. Sewage disposal serving in this subdivision shall be provided by the Oakley Sanitary District. Individual living unit shall be served by a separate sewer connection. The sewers located within the boundaries of the properties concerned in this subdivision should become an integral part of the Oakley Sanitary Disrict's sewerage collection system. 13. Water supply serving the subdivision shall be by the Oakley Water District. Individual living unit shall be served by a separate water connection. Such water distribution system, located within the boundaries of the properties concerned in this subdivision should become an integral part of the Oakley Water District's overall water distribution system. 14. The developer has agreed to pay its appropriate share o the cost of providing fire protection as may be adopted by the Board of Supervisors. In accordance with the Board of Supervisors order of November 15, 1983, in relation to the fire facilities "fair and appropriate share" this would be collectable no later than the building stage for any building permit taken out after adoption of the Fire Facilities Master Plan; for any permits taken out prior to adoption of a final policy, the fair and appropriate share would apply to those residential lots retroactively and be payable when needed by the Oakley Fire Protection District. 15. The developer shall comply with the East County Education Facilities Plan of the East County General Plan. 16. Comply with the requirements of the Public Works Department. BT:ed9sub 6/22/84 CONDITIONS FOR APPROVAL OF SUBDIVISION 6452 -� (PUBLIC WORKS DEPARTMENT) r A. In accordance with Section 92-2.006 of the County Ordinance Code, this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 9) . Any exceptions therefrom must be specifically listed in this conditional approval statement. B. Furnish proof to the Public Works Department, Land Development Division, that legal access to the property is available from Big Break Road to the west and Highway 4 to the east. C. Mitigate the impacts of traffic from this development by: 1. Constructing the following or comparable improvements to be approved by the Public Works Department. ( Improvement plans are to be submitted, approved and work constructed or bonded through a Road Improvement Agreement prior to the issuance of any building permits) : To the extent not completed by Subdivision 6333, widen State Highway 4 to four lanes with a median (72-foot road within a 92-foot right of way) from the interchange at State Highway 160 to the intersection of State Highway 4 and "A" Street (Vintage Parkway) . Convey to the County, by Offer of Dedication, the right of way necessary to accomplish the above required widening and improvements. OR, at the developer' s option: 2. Prior to the issuance of any building permits, contribute $1,300 per dwelling unit to a Road Improvement Fee Trust Fund (Fund No. 819200-0800) designated toward State Highway 4 improvements in the Oakley area. If a road fee ordinance is adopted in this area, these funds will be transferred to the appropriate account and credited toward the subject property. MOTE: Construction of the above improvements or contribution to a Road Improvement Fee Trust Fund will be credited toward any road fees adopted by the Board of Supervisors. If a Community Facility Plan is adopted for this area, and this development participates in the plan, the requirements stated in subparagraphs 1 and 2 above will be considered fulfilled. 3. Improve State Highway 4 at Big Break Road and at "A" Street (Vintage Parkway) by constructing the necessary widening needed to provide or modify left-turn channelization, pavement widening and traffic signal installation at these two intersections, as approved by the Public Works Director. Convey to the County, by Offer of Dedication, the right of way necessary to accommodate the above improvements. M �_o ff Q 4. -=Reconstruct or provide crossing protection at the railroad inter- s section with Big Brea: Road as required by the Public Ulorks Department and approved by the Puhlic Utilities Commission. 5. Obtain approval from the AT&SF Railway and the Public Utilities Commission for construction of the proposed separated grade crossing and improvements to the grade crossing at Big Break Road. Approval shall be acquired prior to the filing of final map. 6. Construct "A" Street (Vintage Parkway) as shown on the plans for Subdivision 6333 , between the eastern boundary of this sub- division (6452) and by Big Break Road, with the following configuration: a. Between "B" Street intersection to Big Break Road, "A" Street shall be two 18-foot travel lanes, a 1.2-foot pedestrian/bicycle sidewalk continued on one side, plus a 4-foot landscape area on that same side with an 8-foot landscape area on the opposite side for a total 60-foot right of way width. MOTE: A scale drawing of the various geometric sections to be used, shall be provided by the developer for Public Works Department approval . 7. No more than 400 building permits shall be issued between this development and Subdivision 6333 prior to the completion and operation of the new grade separation structure on "A" Street (Vintage Parkway) 8. Prior to the issuance of building permits, contribute a pro rata share toward the cost of a comprehensive East County Traffic Study. D. An encroachment permit for construction within State right of way shall be obtained from Caltrans through the Public Works Department, Land Development Division. E. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across sidewalks or on driveways. F. Construct storm drainage improvements in support of established stormdrain plans by: 1. Installing Line H of the storm drain plan as shown on the attached PWD Drawing No. D-12242a from the AT&SF railroad track to the proposed Vintage Parkway located at the north boundary of the subject site. The suggested location for Line H would be along the proposed "A" Drive. 2. •;=Instal ling the east-!,rest portion of Line H along the proposed "A" Street to the existing Line A, as shown on P;dD Dra+ging No. D- 12242a, if the entire east/west length of Line H along "A" Street (Vintage Parkway) is not constructed, or bonded, by Subdivision 6333 at the time the final map for Subdivision 6452 is submitted for approval . OR, in lieu of the above items 1 and 2, the developer may use other alignment options for Line H to better fit their planned subdivision improvements, still providing for the conveyance of stormaiaters between the terminus of the above system. The developer shall submit such revised stormdrain plans for Public Works Department approval . 3. Constructing the Line H outfall into the existing earth channel next to the existing Line A outfall . 4. Placing the outfall of Line H into the natural channel at an elevation no lower than 0.5 feet, 1929 USGS Datum, and placing any other outfalls into the natural channel at or above 1.0 feet. The starting water surface elevation for Line H shall be at 3.5 feet for the 10-year storm design frequency. 5. Constructing those portions of the storm drain improvements that will be below elevation 5.0 feet, 1929 USGS Datum, as watertight storm drains. 6. The applicant will not receive compensation for constructing Line H as described above. 7. The applicant will not be charged a prorated fee for storm drainage connections to the existing Line A outfall . G. Dedicate drainage easements and observe structure setbacks pursuant to the requirements of the Ordinance Code for all storm drains conveying runoff from public streets and/or are part of the drainage area plan. H. Submit a metes-and-bounds description and a plat, prepared by a licensed land surveyor or registered civil engineer, for the above-mentioned drainage easement(s) to the Public Works Department, Land Development Division, for review and the preparation of instruments. I. The above instrument(s) will be prepared by the Public Works Department, Land Development Division, upon request by the applicant and submittal of a current title report on the affected property. J. Furnish proof to the Public Works Department, Land Development Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements.