HomeMy WebLinkAboutMINUTES - 09151987 - T.6 TA.
TO: C3ARD" OF SUPERVISORS
FROM' Harvey E- Pragdon, �,►. - �-. �♦�
Director of Community Development _ _ - t
DATE: ' August 12, 1987 sta��
n-" cry
SUBJECT: Hearing on Rezoning Application #, land
located on the north side of Lauri tension
and southeast of the Contra Costa n
General Agricultural District (A- -1 )
filed by Bellecci and Associates ( -)ment
and Construction Company (Owners) .
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & l
RECOMMENDATIONS
1. Approve the Rezoning Application
the East County Regional Planning
2. Adopt the East County Regional Planning Commission' s findings
as set forth in Resolution No. 45-1987 as the determinations
for these actions.
3. Introduce the ordinance giving effect to the aforesaid
rezoning, waive reading and set date for adoption of same.
CONTINUED ON ATTACHMENT: YES SIGMA
.4#%-�—
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BORRD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON Sen-te er 15 . 1987 APPROVED AS RECOMMENDED X OTHER X
Jean Mesick, Community Development Department, described
the project site and presented the project, commenting on the pro-
posed equestrian trail, the tot lot, park dedication fees, and that
the project, at five units per acre satisfies the old and the new
General Plan designation, that will-serve letters from all of the
utility districts have been received. Ms. Mesick presented the staff
recommendation to confirm the East County Regional Planning Commis-
sion' s decision, and approve the rezoning to a P-1 to allow for 60
lots.
The following people appeared to speak:
Frank Bellecci, 2552 Stanwell Dr. , Concord, Bellecci &
Associates, applicant, requested approval of the rezoning for 68 lots;
Michael Snow, 7806 Uplands Way, Citrus Heights, represent-
ing Camray Development, commented on the issues including the request
for the 68 lots, the buffering policy in the Oakley Area General Plan,
buffering in the project, and the equestrian trail access;
Supervisor Torlakson questioned staff on the density and
buffering issues and the development and maintenance of the tot lot,
including CC&R' s to take care of the maintenance of the tot lot.
Larry Martinez, P.O. Box 1197, Oakley, commented on con-
cerns including lot size across from the homes now in the area, the
location of the equestrian trail being placed on the west side of
Brown Road instead of the proposal to place it on the east side;
Frank Bellecci spoke in rebuttal.
The public hearing was closed.
Supervisor Torlakson suggested a brief meeting with the
applicant, Ms. Mesick and Mr. Martinez to resolve concerns raised
today, including the buffering on Mr. Martinez ' s property and to
gather additional thoughts regarding the tot lot.
During the hearing of another item on the agenda, the
interested parties met and on the resumption of the. hearing on this
item, Supervisor Torlakson commented that details had been worked out
to the parties satisfaction and made the following recommendations
including:
Approval of the original staff recommendation for 68 units
which was also the GMAC recommendation, provided that an improved tot
lot be provided, and the maintenance for this tot lot to be secured
through the participation of these lots in this planned development
with the Oakley Area Lighting and Landscaping District so that there
would be some kind of surcharge on top of the generalized maintenance
fee for landscape and park maintenance that would help maintain this
lot. Supervisor Torlakson also directed staff to develop, as an
additional condition, generalized CC&R' s that would apply to this
project, including the self-enforcement bond as was done with Rural
California Housing. Supervisor Torlakson also recommmended the
inclusion of the two additional conditions currently being applied to
development in the Oakley area on the park dedication fees and the
police service tax area, and the incorporation of the conditions
relative to TSM and Childcare consistently applied in the Oakley area.
He also recommended moving the equestrian trail to the west side of
the street, adjacent to the new housing, and further consideration of
buffering by merging the two lots across from Mr. Martinez ' s property
into one lot, no less than 14, 000 square feet.
Therefore, on recommendation of Supervisor Torlakson, IT IS
BY THE BOARD ORDERED, that rezoning Application #2728-RZ is APPROVED
with amended conditions, Exhibit A attached; that recommendation No. 2
is APPROVED; and as stated in recommendation No. 3 , Ordinance No.
87-77, giving effect to the rezoning, is INTRODUCED, reading waived,
and September 29 , 1987 is set for the adoption of same.
VOTE OF SUPERVISORS --
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT 4 ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN #.ND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Connunity Development Dept. ATTESTED September 15 , 1987
County Counsel PHIL BATCHELOR, CLERK OF
Bellecci & Associates THE BOARD OF SUPERVISORS
Camray Development & Construction AND COUNTY MINISTRATOR
Oakley Fire Protection District
Assessor BY 01 AMA
o , DEPUTY
Public Works
Building InspErction
REVISED
CONDITIONS OF APPROVAL FOR REZONING 2728-RZ
1. This approval is based on site plans and development plans dated May 20,
1987, as received by the Community Development Department.
2. Prior to the hearing on the associated Tentative Map and Final Development
Plan, the applicant shall submit a revised site plan indicating total lots
not to exceed 68.
3. The revised site plan shall also include the combination of lots designated
#20 and #21 on the tentative map to provide one lot of not less than 14,000
square feet.
4. The applicant shall comply with the Park Dedication Ordinance. The
proposed "tot" lot shall not be credited towards the park fees.
5. Prior to the hearing on the associated Tentative Map and Final Development
Plan for this project, the applicant shall submit a preliminary landscape
plan prepared by a certified landscape architect in conformance with the
County's Water Conservation policies and using California native plants
wherever feasible. The landscape plan shall include:
A. Landscaping along Laurel and Brown Road street setbacks.
B. A 6-foot solid wood fence along the west and east property line and a
6-foot solid acoustical barrier along Laurel Avenue.
C. A minimum of 68 street trees limited to two species.
D. Landscaping of front yards.
E. Landscaping of all areas shall be bonded or installed prior to
occupancy.
6. Prior to the hearing on the associated Tentative Map and Final Development
Plans for this project, the applicant shall submit revised development
plans demonstrating at least 30 percent of all residence are setback the
minimum required by zoning plus 7 feet and 25 percent of all residences
include side-entry garages.
7. Comply with drainage, road improvement, traffic and utility requirements as
follows:
Submit a revised site plan reflecting the proposed vertical and horizontal
alignment, proposed 110-foot right of way, plus an 8-foot structure setback
on Laurel Road. The revised site plan shall also reflect the proposed
vertical alignment modifications to Brown Road in the vicinity of Laurel
Road and also the widening of Brown Road to a 40-foot road within a 60-foot
right of way. The revised site plan shall be submitted to the Public Works
Department, Road Engineering Division for review and to the Zoning
Administrator for review and approval .
EAMEN W
2.
8. On provision of police service, the applicant agrees to vote their property
into a special tax area for police service at an initial level of $100 per
parcel annually. This amount shall be adjusted yearly according to the Bay
Area CPI . Furthermore, the Board of Supervisors shall review the
assessment amount and adjust it to a higher level as conditions warrant.
9. The applicant shall endeavor to reach an agreement with property owners on
the west side of Brown Road on the location, width and composition of a
equestrian/pedestrian trail along Brown Road. The applicant shall
construct a trail between 8 and 14 foot width of a suitable gravel material
if an agreement is reached. The trail shall be annexed to the
Landscaping-Lighting District for purposes of maintenance.
10. This project (2728-RZ, Subdivision 6971 and 3028-87) shall be restricted by
a declaration of covenants, conditions and restrictions (CC & R's)
receiving the prior approval of the Community Development Department and
the County Counsel , meeting applicable regulations of the California Sate
Real Estate Commissioner and providing for an Architectural and Maintenance
Committee to administer and enforce them. The CC & R's shall contain at
least the following provisions.
A. A statement that the entire project and properties shall be subject to
all of the conditions and restrictions contained within the
resolution(s) adopted by the Board of Supervisors which approve the
tentative subdivision map, final development plan and rezoning. Also,
a statement that the project will be subject to all of the conditions
and restrictions contained in any accompanying approved development or
site plans, elevations and landscape plans.
B. A statement that the Association shall have the power and duty to
maintain, repair, replace, restore, operate and manage all (if any)
common areas and facilities, improvements, equipment and landscaping
in substantial compliance with the aforesaid approvals for the
project.
C. The Association shall be responsible for the maintenance of any common
areas. In the event of a breach of any obligations pertaining to such
maintenance, cleanliness or repair, the County of Contra Costa may
give written notice of such breach to the Association, together with a
demand upon the Association to remedy such breach. If the Association
refuses to do so, or fails to take appropriate action within 30 days
of the receipt of such notice, the County of Contra Costa shall have
standing and the right (but no the obligation) to bring an action in a
court of proper jurisdiction to enforce the provisions of this
declaration. Should the County prevail in any such litigation, the
Association shall be liable for and pay to the County its costs
(including attorney's fees and all other involved County staff time) .
Nothing contained herein shall limit any other right or remedy which
the County may exercise by virtue of authority contained in ordinance
or state law.
3.
D. A statement in the CC & R's providing authority for the Association to
co77ect the costs from the owners of property within said project of
any required maintenance and/or enforcement of the CC & R's.
E. To the extent possible the applicant shall provide to and deposit with
the Architectural and Maintenance Committee, within six months of the
time the majority of its governing directors are elected by resident
homeowners, a base line sum to be determined upon review and approval
of the Zoning Administrator which will be restricted to being used to
fund enforcement of these CC & R's by said association.
11. Provision for a TSM program (Transportation Systems Management) shall be
required with this development. The program shall be submitted for review
and approval of the Zoning Administrator prior to filing of the Final Map.
12. Provision for child care facilities and/or services shall be required for
this development. The program shall be submitted for review and approval
of the Zoning Administrator prior to filing of the Final Map.
13. The following statement shall be added to the deed of each parcel created
by this subdivision.
"This document should serve as notification that you have purchased land in
an agricultural area where you may regularly find farm equipment using
local roads, farm equipment causing dust, crop dusting and spraying
occurring regularly, noise associated with farm equipment and aerial crop
dusting, and certain animals and flies may exist on surrounding properties.
This is, again, notification that this is part of the agricultural way of
life in East Contra Costa County and you should be fully aware of this at
the time of purchase."
KK/SW:jn
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6/16/87
6/17/87
7/2/87
Revised ECRPC
7/13/87
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