HomeMy WebLinkAboutMINUTES - 08201985 - T.7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 20 , 1985, by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson, and Fanden
NOES: None
ABSENT: None
ABSTAIN: None
-------------------------------------------------------------------
-------------------------------------------------------------------
SUBJECT: Appeal of Diablo View Road-Foothill Park Circle Homeowners
Application from approval of LUP 2074-84, Pleasant Hill
Area, J. A. Johnson, Inc. , applicant and owner.
This being the time for hearing on the recommendation of the
County Planning Commission on the appeal of Diablo View Road-Foothill
Park Circle Homeowners from approval of LUP 2074-84 , a request to
establish a 70-unit retirement complex in a multiple family
residential district (M-12) on a 6.4 acre parcel located at the
northeast quadrant of Taylor Boulevard and Pleasant Hill Road in the
Pleasant Hill area, by J. A. Johnson, Inc. , applicant and owner; and
Havey Bragdon, Assistant Director of Planning, described the
project and advised that the Planning Commission had found that this
appeared to be an appropriate place to allow this development, and
that decision had been appealed to the Board.
Michael Stoddard, attorney for James A. Johnson, the
applicant, appeared in response to the appeal, described the project
and. the need for retirement housing, and urged the Board to deny the
appeal and uphold the decision of the County Planning Commission.
Supervisor McPeak inquired if the applicant had objections
to using the address of the city of the sphere of influence in which
it's located, which is county policy, and having a name for the
project which is consistent with the community in whose sphere of
influence it is located. She stated that would be a condition of
approval.
Mr. Stoddard indicated that the applicant had no objection.
Laurie Renny, 22 Sea Pines, Moraga, appeared in favor of the
project, citing the need for housing for the elderly in this county.
Mark Kimball, 3195 Diablo View Road, Lafayette, stated he
had a number of objections to the project, including the question of
proper zoning. He stated that he felt the M-12 zoning is not
consistent with the General Plan, and suggested that consideration of
zoning should have been heard concurrent with the argument on the land
use permit. He requested the zoning be returned to R-15 in order to
preserve the residential character of the neighborhood.
Harvey Bragdon explained that if the Board approves this
project subject to conditions, that the P-1 would be brought back to
the Board so that it could by ordinance readopt the same conditions.
R. W. Kimball, 3191 Diablo View Road, Lafayette, declared
that he felt this was an unsafe and hazardous location for the
proposed occupancy.
Fred Hall, 3196 Diablo View Road, Lafayette, stated he owns
the property adjacent to the proposed development, and objected to the
turning of this parcel into a semi-commercial development with food
service and medical services and busses running back and forth to the
stores. He also expressed concerns about the general traffic impact
on the area.
Michael Stoddard appeared in rebuttal and urged the Board to
deny the appeal and approve the proposed development.
Supervisor Torlakson inquired as to the depth of the traffic
study and whether it considered the age of the drivers.
Mr. Stoddard explained that the traffic study studied
comparable facilities in the area.
The Chair declared the public hearing closed.
At the request of Supervisor McPeak, Mr. Bragdon summarized
the criteria by which proposed senior citizen projects are assessed
such as transportation, pedestrian access to shopping and recreational
areas and community facilities.
Supervisor McPeak commented that she believed that there has
to be a full spectrum of housing in every community and that the
really telling issue has been on the analysis of impact on the
neighborhood and the proposed project for seniors would have less
impact than the 18 unit subdivision previously proposed for this
property and favored by the community.
As recommended by Supervisor McPeak, IT IS BY THE BOARD
ORDERED THAT the appeal is denied, and the approval of LUP 2074-84 is
upheld, subject to the conditions imposed by the County Planning
Commission and the following three requirements (Exhibit A, attached
hereto and by reference incorporated herein) :
1. That in addition the requirements of the Contra Costa
County Fire Protection District, there be a requirement for sprinkling
the entire facility and smoke exhuast of the facility.
2. That the address of the facility be Pleasant Hill and
that the name of the facility be renamed to be consistent with the
Pleasant Hill Community.
3 . That the detailed anlysis of the landscaping insure the
maximum buffering between the single family residential community and
this project.
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors n the date shown.
ATTESTED: D / G f--r
PHIL BATCHELORleak of the Board
of Supervisors and ounty Administrator
gy , Deputy
cc: Community Development
Applicant
Appellant
EXHIBIT A
CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2074-84:
1. The approval is for a retirement complex per the following exhibits submitted with
the application and subject to the conditions listed below.
A. Site development plan, scale 1" = 401, dated received by the Community
Development Department March 12, 1985, as modified by a revised parking plan
providing for screening of parking, scale 1" = 201, dated received by the
Community Development Department May 22, 1984.
B. Buildign elevation drawings and floor plans, dated,received by the Community
Development Department March 2, 1984.
2. Prior to issuance of a building permit a revised plan shall be submitted providing for a
reversed site development plan east/west, locating driveway and entrance access
adjacent to Taylor Boulevard and a minimum sideyard distance at the east boundary
of not less than 30 feet. Reduction of the size of building may be required.
Utilization of a revised site plan or the plans submitted with the application shall be
as determined by the Zoning Administrator.
3. No building or grading permit shall be issued until a rezoning has been filed or is in
process, to rezone the property so as to be consistent with the General Plan.
Additional conditions or requirements may be applied with rezoning of the property.
This facility shall be for a retirement complex for residences of persons 55 years or
older and as such shall be recorded as a deed restriction on the property. A copy of
the recorded document shall be submitted to the Community Development Depart-
ment prior to occupancy.
4. Prior to the issuance. of building permits, building elevation and architectural design
of the buildng and any accessory structures, fencing, etc., shall be subject to review
and approval by the Zoning Administrator. The roofs and exterior walls of the
building shall be free of such objects as air conditioning equipment, television aerials,
etc., or screened from view. Building design and materials shall be considered with
the intent to provide compatibility with the residential character of this area.
5. Prior to issuance of a building permit a landscape and irrigation plan shall be
submitted for review and approval by the Zoning Administrator giving special
attention to extensive planting at the street frontage of Taylor Boulevard and Diablo
View Road and at the east boundary in the vicinity of adjacent residences.
6. Prior to issuance of a building permit development rights shall be deeded to the
county of the southern portion of the property from Pleasant Hill Road North across
the ravine to elevation approximately 250 feet.
7. Prior to issuance of a building permit, an agreement shall be submitted for review
and approval by the Zoning Administrator for a pedestrian walkway and bridge from
the proposed building across the ravine and creek area to Pleasant Hill Road, to be
constructed within 3 years of occupancy, or as may be determined by the Zoning
Administrator as it relates to provision of a bus stop on Pleasant Hill Road.
8. Decorative sound barrier fencing shall be installed along Taylor Boulevard as
recommended by the noise study report submitted for development of the property.
2074-84 _pg. 2
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. Prior to issuance of a building permit or grading permits, grading plans for
development of the property including earth mounding for screening shall be
submitted for review and approval by the Community Development Department.
11. No signs shall be permitted other than one notification sign not to exceed three
square feet.
12. Comply with the 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. Construct curb, 4-foot 6-inch sidewalk (width measured from curb face),
necessary and longitudinal and transverse drainage, and pavement widening
on Pleasant Hill Road.
2. Install street lights on Pleasant Hill Road. The final number and location of
the lights will be determined by the Traffic Engineer.
3. Relinquish abutter's rights of access along Pleasant Hill Road.
4. Construct necessary pavement widening to a minimum width of 28 feet and
necessary longitudinal and transverse drainage along Diablo View Road from
0.21 mile west of Pleasant Hill Road to the subject property.
B. Install street lights on Diablo View Road and along Pleasant Hill Road and shall
be annexed to County Service Area L-42 for maintenance of the street lights.
C. In accordance with Section 82-2.014 of the County Ordinance Code, this
development shall conform to the requirements of Division 914 (Drainage) of the
Subdivision Ordinance.
D. Convey to the County, by Grant Deed, the future "development rights" over the
existing creek. The area for which the "development rights" are to be granted
shall be determined by using the criteria outlined in Chapter 914-10, "Ease-
ments", of the Subdivision Ordinance.
E. 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.
2074-84 pg. 3
F. Submit supporting topographic information prepared by a licensed land surveyor
or registered civil engineer which shows the locations and the elevation of the
top of bank and toe of bank for the above-mentioned dedication of development
rights to the Public Works Department, Land Development Division, for review
and preparation of instruments.
G. 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.
H. Install all new utility distribution services underground.
I. Mitigate the cumulative impacts of the increased storm waters from this project
by:
1. Constructing off-site drainage improvement equivalent to $4,000 per acre.
The improvements shall be designated by the County in cooperation with the
City of Pleasant Hill.
OR, at the developer's option,
2. Prior to the issuance of any building permits, contribute the equivalent of
$4,000 per acre to a Drainage Deficiency Trust Fund designated for drainage
improvements in proposed Drainage Area 46. This contribution will be
credited toward the subject property.
J. 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 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.
13. Submit a TSM program (Transportation Systems Management Program) for vans,
busing, etc., for review and approval by the Zoning Administrator prior to occupancy.
14. Provide complete automatic fire sprinkler protection and smoke exhaustion system
for the entire building subject to approval by the Contra Costa County Consolidated
Fire District.
15. The project name shall either reflect Pleasant Hill in its title or have no geographic
location indicated other than Contra Costa.
2074-84 pg. 4
16. In conjunction with Condition #5 above, special attention shall be given to the design
and implementation of suitable and extensive landscaping between the project and
the existing single family residential properties to the east.
The following statements are not conditions of approval. However, applicant should be
aware of them prior to requesting building permits.
A. The County Health Department per attached.
B. The Contra Costa County Consolidated Fire District per attached.
BT:plp9blup
5/24/85
8/20/85
A) ro O .-I
r-I U U) b ro
r-I .0 4-)CO 4-) 41
00 r4 a O 4-1 ON C L.
1 U a •r4 0 ro V)
ti ro E o a s.
• , X p -UEa)
N ro Cl) U) N () O
aah .� Ca
O CO 4-) 1.1 (d
r-4 .rl b VJ C
•r4 •r4 W a) h0 W O E
W .0 •o L. OD o H O
O 4.) C ro Cd .4 Go C. 3
OO W a)
C Cx. U r-4 - a) O .O 4.
O 1 ri V) .0 O• E O
•.4 ro •o AZ • .4-) 4-) W a)
4-) a) cd 41 ]C C a E N
(13 c. o -H a) 4:. z
U N r4 3 +.1 E 0 •o ro cd
.H C b 4. C W
r4C 3 - cd z cds. ro
a O a) A m a) i, O a)
a L. •rt W cd^ E O •-44 a
cd >, 5 E-4 a) S. cd 4.) V) U)
M zaa) 0a) d) a) S.
V) O -:C P. CC. a) 4-1 tkO.0 a)
4- - •-i x 3 4-1 S. •r4 C 4.1 .Y
O•• n 0 - O 3 •r4 V) m ro
•.� i. ro � A s. m a)
y (D •r4 b 00 b - r-4 S. ca a
•r4 O A C I C A • ri cd U)
10 3 (d 1 (d W > •r4 10-
z
cC O W -T 9 a) W O U m
O O C LI-4.,) O A •o +1 o C
U V) O C M C 4n •ri
O r•i V) N 0 a >1 N s, E
.V b ro o a +-1 r4 o C •r4
-r4 J a V) r-I C C (d •r4
z M o. L a o 0 S. 4-1 C
` t
L tD C1
U Y X -
r C
O U L
_� tL
_ C
r t3 f- 4
S-
S-
L d to
O V d to
cd a to
L 4 icl r
u E m v '
O r Y C O
r W N
N 3 c9 - _
> C Q _
D Vr C .. -
LA
y C._
U 4J
Z L O N... O
b tD
O Co
N N
L ^
u m
= to O
7 7 N t
G L L L O
I V Q G -c-
t.0
lO O N
E 1`r = j 1 S
ca CD 4J Ob L
Y C C O r M 7
XO _ t3 4..1 ZU:Q 7Tr- OL
ly j :3rJ •r� N
C = J � Q.--. Y3C :�-+
O v r L'O G: •r
— O t9 O U CSC
" — L • d 0 rt
4� '0 > 1 Y -0 b.1
U C > •r 0 L >>m to
O U O L U') O tis O d
J C U G C tt7 O_ 3 5 a
Y .
C U O O'
=7c 7 p p
C m O O
Q C% O
E p p
LO
E O t� Ln
-
. . p -
. 64
O
C C
ua 1
E E 4J
++ L
O L lz
r
rs a
o a
v ¢ d
Y S-
S-
L O
O R L
d N
u L '^
m > ++
� Y > C
tr b r d
i'
_
` EXHIBIT B
Re: Preliminary Agreements - '
)`Multi-Family Mortgage Revenue Bond Financing
The purpose of this Agreement is to set forth certain terms and conditions
under which the County of Contra Costa, a legal subdivision and body corporate and
politic of the State of California (the "County"), will agree to assist in the financing of a
housing project for persons of low income (the "Project") for or (the "Owner")
or fore related entity, by issuing bonds (the "Bonds"), subject to the conditions set forth
herein and in R-esolution No. of the County.
In consideration of the County's expression of willingness to provide such
financing, the Owner hereby agrees as follows:
1. The Owner agrees to pay, or to make arrangements for persons other than
the County to pay, all costs involved in the issuance of the Bonds, including by way of
example and not limitation, .fees and disbursements of bond . counsel, the County,
underwriters or financial advisors and any other experts engaged by the Owner or by the
County in connection with the issuance of the Bonds, bond printing and other printing
costs, publication costs and costs incurred in order to obtain a rating for the Bonds. Such
costs may be paid from proceeds of sale of the Bonds. In the event that the Bonds are not
:issued for any reason, the Owner agrees to pay all of such costs and assume the County's
obligations, if any, for payment of such costs. Pursuant thereto, the Owner agrees to pay
e upon the County conditionally expressin
a feg its intent to issue Bonds for the Project in
an amount equal to the lesser of 1/10 of one percent of the amount of the proposed Bond
issue or $2,000; said amount to be credited toward the County's cost of issuance.
2. The Owner agrees to pay the cost of preparation of any studies, reports or
other documents necessary to be prepared by or for the County to comply with the
California Environmental Quality Act.
3. The Owner agrees to pay any and all costs incurred by the County in
connection with any legal action challenging the issuance or validity of the Bonds or use
of the proceeds thereof, or challenging proceedings or determinations by the County under
the California Environmental Quality Act.
The County agrees to proceed, and to direct bond counsel to proceed, with the
planning and preparation of the necessary proceedings for the offering of the Bonds for
sale to finance the Project. The Owner understands that this Agreement does not exempt
it from any requirements of the County or any department or agency thereof or other
governmental body that would apply in the absence of the proposed Bond financing, and
compliance with such requirements is an express precondition to the issuance of the Bonds
by the County.
The Owner further understands and agrees that the issuance of any Bonds by
the County is contingent upon the County being satisfied with all of the terms and
conditions of the Bonds and of the issuance thereof and that such issuance is in the best
interests of the County, and that the County shall not be liable to the Owner or to any
other person if the County shall determine for any reason not to issue the Bonds.
IN WITNESS WHEREOF, the parties have executed this Agreement on
198
COUNTY OF CONTRA COSTA
By:
Anthony A. Dehaesus
Director of Community Development
(OWNER)
By:
AAD/mblc
'v