HomeMy WebLinkAboutMINUTES - 08131985 - 2.2 2.2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 13, 1985 , by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden
i
r
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Appeal of West Pittsburg Alliance from Board of Appeals
Decision -approving Development Plan 3040-84, Frumenti
Development Corporation (owner) , West Pittsburg area
The Board on May 14, 1985 denied the appeal of the West
Pittsburg Alliance from the Board of Appeals decision approving
Development Plan 3040-84, Frumenti Development Corportion (owner) in
the West Pittsburg area, approved the Development Plan with revised
conditions and directed staff to prepare appropriate findings for
the Boards approval.
The Board on August 6, 1985 directed staff to submit in
writing the final conditions and findings as amended by the Board.
The Director of Community Development submitted this date
a memorandum transmitting said final conditions and findings.
IT IS BY THE BOARD ORDERED that the conditions (Exhibit A
attached hereto and by reference incorporated herein) and findings
(Exhibit B attached hereto and by reference incorporated herein) for
Development Plan 3040-84 are hereby APPROVED and ADOPTED.
I hereby certify that this is}a trueand correct copycat
an action taken and ontered on the m1nutes of the
Board of Supervisors on the date shown.
ATTESTED: /,Y- . /ms
PHii. BATCHEL , Clerk df the Board
of Supervisors and County Administrator
cc: Director of Community Development By � ,Deputy
Public Works Director
West Pittsburg Alliance
Applicant
EXH151T A
In Development Plan 3040-84, the applicant is providing a density transfer to the proposal,
by obtaining development rights from the Ambrose Park District of the District's adjacent
property, to be deeded to the County. Also proposed is a density bonus of 50 percent to
be applied to the development as permitted by recent State law which provides for a
density increases beyond that permitted by the General Plan if a certain number Of
residential units are provided for persons of 55 years of age or older. The density transfer
and density bonus will allow for the number of residential units as is proposed in
Development Plan 3040-85, substantially consistent with the General Plan.
The findings required for Development Plan Application #3040-84 per County Code
Section 26-2.2008, have been met including: -
(1) That it shall not adversely affect the policy and goals as set by the general
plan; particularly as it relates to the goals of the Housing Element of the
General Plan for persons 55 years of age or older:
a. Special housing should be available to accommodate Contra Costa
County residents with special needs (such as elderly or disabled
persons).
b. A wide range of housing types and residential densities should be
available to meet the needs of all age groups and family sizes within
Contra Costa County's population.
c. Housing for all demographic and economic segments of Contra Costa
County's population should be available throughout the County, and in
reasonable proximity to employment centers.
d. Fair housing opportunities should prevail for all Contra Costa County
residents regardless of age, sex, family status, race, color, creed,
national origin, or physical,mental, or developmental disabilities.
(2) That it shall not adversely affect the orderly development of property
within the county;
a. The proposal is within the density range permitted by the Multiple
Residential (M-29) zoning which has existed on the property for
approximately 30 years.
b. Access to this property, its location and available community facilities
allows for development of the property as proposed.
c. The proposal is not growth inducing in the immediate area for similar
developments.
2-
(3) That it shall not encourage marginal development within the neighborhood;
a. The proposal is for a condominium development of individual ownership
of residential units. This will required a homeowner's association to be
responsible for maintenance of common areas such as landscaping at
the street frontage and within the development. The proposal is not a
marginal development and will therefore not encourage marginal
development.
(4) That special conditions or unique characteristics of the subject property and
its location or surroundings are established;
a. The property is situated in unusual conditions being surrounded by
public park land to the south and east and by land zoned commercial
and multiple residential adjacent to the north and is within 400 feet of
Willow Pass Road, a county major arterial road. The recreational
facilities of the Ambrose Park District in the area immediately
adjacent will be available to the residents of the development.
EXHIBIT B
CONDITIONS OF APPROVAL - DEVELOPMENT PLAN 3040-84:
1. Development shall be as shown on plans submitted with the application dated
received by the Planning Department September 25, 1984.
2. Variances are approved as shown on plans submitted including:
(A) To have less than the required setbacks, sideyard, rearyard and distance between
buildings.
(B) To have dimensional variances from the County Parking Ordinance including use
of compacts and use of parking within the setback and sideyard areas. (Required
guest parking (15 spaces minimum) shall be provided along the property's street
frontage (9 spaces maximum) and on-site (6 spaces minimum), or modifications
to the the unit type shall be made (i.e., changing 12 units from two-bedroom
units to one-bedroom'units), or a reduction in unit count shall be made (3 units)
or a combination of the above shall be made as determined acceptable by the
County Zoning Administrator.
3. Prior to issuance of a building permit, elevations and architectural design of building
and structures shall be subject to final review and approvay by the Zoning Adminis-
trator. The roof and exterior walls shall be free of such objects as air conditioning
equipment, television aerials, etc., or screened from view. All units shall have house
numbers or.unit identification visible at all times which may require illumination.
4. Prior to issuance of a building permit, a landscape and irrigation plan shall be
submitted for review and approval by the County Zoning Administrator. A cost
estimate or copy of contract for landscaping improvements shall be submitted with
the plan. Landscaping and irrigation shall be completed prior to occupancy.
(A) The existing 36-inch pepper tree near Alves Lane at Unit 37 shall be preserved if
determined feasible given the required frontage dedication and street improve-
ments along Alves Lane. If preserved, the tree shall be protected at the drip line
during grading and building operations. The parking space adjacent to the tree
shall be eliminated. The parking space opposite adjacent to the street right-of-
way shall also be eliminated and landscaping provided.
(B) The recreation area shall be fenced and landscaped and recreation facilities
provided.A passive recreation area may be developed in lieu of the "tot-lot" if
deemed appropriate by the Ambrose Parks and Recreation District.
5. A detailed geotechnical investigation and report providing for foundation design and
site grading shall be submitted to the Planning and Building Inspection Departments
prior to issuance of a building or grading permit.
6. If archaeologic materials are uncovered during grading, trenching or other on-site
excavation, earthwork within 30 meters of these materials shall be stopped until an
archaeologist certified by the Society for California Archaeology (SCA) and/or the
Society of Professional Archaeology (SOPA) has had an opportunity to evaluate, the
` 3040-84 pg. 2
significance of the find and suggest appropriate mitigation measures, if they are
deemed necessary.
7. Pedestrian access shall be provided from the site to the Ambrose Park District
facilities east of the site as determined by the Park District. Prior to issuance of a
building permit, proof of pedestrian access and plans for installation shall be
submitted for review and approval by the Zoning Administrator.
8. Comply with road and drainage requirements as follows:
A. Unless exceptions are specifically granted, comply with the requirements
of Division 1006 (Road Dedication and Setbacks) of the County Ordinance
Code. This includes the following:
1. Convey to the County, by Offer of Dedication, 5 feet of additional
right of way on Alves Lane as required for the planned future
width of 60 feet.
2. Construct curb, 4-foot 6-inch sidewalk (width measured from
curb face), necessary longitudinal and transverse drainage,
and pavement widening on Alves Lane. The face of curb shall be
located 20 feet from the centerline of the street.
3. To mitigate the cumulative impact of the traffic generated by this
project on the local streets, comply with the following:
a. Construct off-site road improvements consisting of the
following:
1) Widen Alves Lane to a 38-foot width between 76 Alves
Lane and 18 Alves Lane on the west side and between 15
Alves Lane and Willow Pass Road on the east side,
including necessary longitudinal drainage, restriping,
landscape and fencing replacement and driveway
reconstruction. All work is to be within the existing
right of way.
2) Widen Willow Pass Road to provide for a left-turn pocket
at Alves Lane including restriping.
3) Contribute to the County $9,000 of the cost of signaliza-
tion of Willow Pass Road at the Alves Lane intersection.
4) Complete the construction of curb, 4-foot 6-inch sidewalk
(width measured from curb face), necessary longitudinal
and transverse drainage on the east side of Alves Lane
between the project and Willow Pass Road. The face of
curb shall be located 20 feet from the center line of
the street.
3040-84 pg. 3
b. OR, at the developer's option, contribute the cash amount equivalent to
the cost of the above construction, including the cost of engineering
involved, to a Road Improvements Fee Trust (Fund No. 819200-0800)
designated toward improvements to Alves Lane and Willow Pass Road
at Alves Lane. Said contributions shall not exceed nor be less than the
road fee proposed for adoption by the Board of Supervisors.
4. Both driveways on Alves Lane shall be clearly marked for one-way
movements only. The southerly driveway shall be for "IN" movements
only and the northerly driveway for "OUT" movements only.
B. Install street lights on Alves Lane. The final number and location of
the lights will be determined by the Traffic Engineer.
C. In accordance with Section 82-2.014 of the County Ordinance Codethis
development shall conform to the requirements of Division 914 (Drainage)
of the Subdivision Ordinance, unless exceptions are specifically granted.
D. Install 54-inch concrete pipe, as a portion of Line B of Drainage Area
48B, along the east property line within the EBMUD right of way and
extend the pipe approximately 175 feet downstream to connect to an
existing 54-inch concrete pipe. The EBMUD requires a Revocable License
or Limited Land Use Permit from the District for the use of their
property.
E. Contribute to the County Drainage Deficiency Fee Trust (Fund No. 812100-
0800) the amount of $0.28 per square foot of new impervious surface area
generated by this project.
Credit for the installation of that portion of Line B installed by the
developer will be applied toward this drainage fee amount. In addition,
if the drainage fee ordinance for Drainage Area 48B has been adopted
within three years of approved permit application, the developer would
receive reimbursement for the cost of installation of Line B in excess
of the drainage fee amount in accordance with future provisions of the
"Drainage Fee Credit and Reimbursement Policy" for Drainage Area 48B.
F. Clean and/or daylight the ditch north of Willow Pass Road as necessary
to provide a positive drainage for Line B. The cost of this work is
not to exceed $1,000.
G. Prevent storm drainage, originating on the property and conveyed
in a concentrated manner, from draining across the sidewalk or on
driveways.
H. Install all new utility distribution services underground.
I. Submit improvement plans prepared by a registered civil engineer
to the Public Works Department, Land Development Division, for review;
pay the inspection, plan review and applicable lighting fees. These
plans shall include any necessary traffic signage and striping plans
c
3040-84 pg. 4
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 shallexecute a road improvement agreement with Contra
Costa County and post the bonds required by the agreement to guarantee
completion of the work.
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.
K. Obtain a sewer permit from the Contra Costa County Sanitation District
No. 7A for all sewer connections for this project. Materials and
construction of any sanitary sewer facilities shall conform to the
District`s Ordinance and requirements.
L. The tentative map indicates several dwelling units with slab elevations
below the flow line of the nearest sewer main. If the applicant
intends to pump his sewer uphill , all facilities related thereto shall
remain his responsibility for maintenance or the responsibility of a
homeowners association.
M. Submit plans for sewage collection and disposal to the Sanitation
District No. 7A for review prior to issuance of a sewer permit and
before construction begins.
N. Prior to acceptance of the sewage facilities by the Sanitation District
No. 7A for maintenance, the applicant shall demonstrate satisfactorily
the operation of these facilities.
0. The applicant shall post with the Sanitation District No. 7A a mainten-
ance bond (cash or security) in the amount of $1,000 prior to acceptance
of the sewage system by the District. The bond shall remain in effect
for one year after acceptance of the system by the District.
9. Comply with the' requirements of the Riverview Fire Protection District including a
fee of $SO per residential unit to be paid to the district.
3040-84 pg. 5
10. Prior to issuance of a building permit or with the filing of a Final Subdivision Map,
whichever is first, development rights shall be obtained from the Ambrose Park
District of the property adjacent to the south and deeded to the County. This shall
allow for a density transfer for this development. In the event an agreement for
development rights is not obtained the proposed development and the number of
residential units permitted shall then come back to the Board of Supervisors for
disposition.
11. A 50 percent density bonus beyond that provided by the General Plan and the density
transfer in Condition 10, above, shall be permitted for this development subject to a
commitment to have a minimum of not less than 25 percent of the residential units
for persons 55 years of age or over and that a sales program is established and
diligently pursued for a reasonable period of time for the remaining 25 percent,
toward a goal of 50 percent of the residential units in the development for persons 55
years of age or over. To further provide for the density bonus, all residential units
(100 percent) shall be for persons and families of low or moderate income, as defined
in Section 50093 of the Health and Safety Code. The commitment.shall be in the
form of an agreement by the developer to be submitted for review and approval by
the Zoning Administrator prior to issuance of a building permit or with the filing of a
Final Subdivision Map, whichever is first.
The timing and circumstances of this particular application are unique. If, after
review of the legality of the density bonus, County Counsel verifies that the Board of
Supervisors has the discretion to grant the second bonus, these bonuses shall not be
viewed as a precedent. All future requests for such bonuses in the West Pittsburg
area will be reviewed according to their individual merit and unique circumstances.
A rezoning program has been initiated by the Community Development Department
to bring all zoning into compliance with the West Pittsburg General Plan (adopted in
1982). The county is in the process of notifying all property owners of the need to
bring their zoning into conformance with the General Plan if the land use designa-
tions are not now compatible.
BT:plp9dp/lsw
10/11/84
11/5/84
6/6/85
8/27/85
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