HomeMy WebLinkAboutMINUTES - 07261988 - T.4 4 _ ,
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TO: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon, Ultra
Director of Community Development
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DATE: June 30, 1988 Ca rt/
SUBJECT: Hearing on -appeal of Subdivision 7090, Sam Travale (Applicant and
Owner) , located at the southwest corner of Empire Avenue and Bedford
Lane in the Oakley area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
BACKGROUND
Subdivision 7090 was filed on February 10, 1988, along with
Rezoning Application #2789-RZ.
The East County Regional Planning Commission, after taking
testimony at their hearings on May 9, 1988, May 23 , 1988 and June
13, 1988, approved the project for eight lots with conditions.
The project is in conformance with the present General Plan for the
area which designates the site as Single Family Residential Medium
Density. the operative plan for the area is the 1978 East County
General Plan with amendments. The site and surrounding area was
designated Single Family Residential Medium Density ( 3-5 units per
net acre) in the 1979 amendment to the 1978 East County General
Plan. Previously the site had been designated Single Family
Residential Low Density ( 0-3 unit per acre) . The chandd—in the
General plan was made so that there would be an area of transition
between the Single Family Residential High Density designation to
the east and the Single Family Residential Low Density to the west.
On June 21, 1988, Mr. Jeffrey Huffaker, on behalf of the
neighboring residents appealed the East County Regional Planning
Commission approval of Subdivision 7090. The reasons the the
appeal are outlined in the appeal letter. They involve the
contention that the development is inconsistent with the existing
development in the area, are violative of the intention of the
General Plan and that the proposed land use is not compatible with
the acre parcels neighboring the Subdivision.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATIONS
Accept the environmental documentation prepared for this project as
being adequate.
Deny the appeal of the Bedford Lane residents and uphold the
decision of the East County Regional Planning Commission to approve
Subdivision 7090 with conditions hereto attached.
ACTION OF BOARD ON July 26 , 1988 APPROVED AS RECOMMENDED OTHER X
This being the time heretofore noticed by the Clerk of the Board
of Supervisors for hearing on the above matter, Karl Wandry, Community
Development Department advised that it would be appropriate to hear
both the request for rezoning by Mr. Travale ( 2789-RZ) and the appeal
by the Bedford Lane residents on the subdivision of the property
within that zoning (Subdivision 7090) at the same time.
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Jean Mesick, Community Development Department, described the
subject property and commented on the recommendation by the East
County Regional Planning Commission to rezone the site to single
family residential (R-10) and presented the staff request to approve
the rezoning to R-10. Ms. Mesick also described the subdivision for
eight single family residential lots (Sub 7090) commenting on the
applicants indication that he would increase the lot size so that
there would be a minimum of ten thousand square feet for lots three
through eight and that lots one and two would be larger than that.
She commented on the appeal by Jeff Huffaker indicating that the
proposed subdivision was inconsistent with the intent of the General
Plan and with existing development. She commented on the Planning
Commission's recommendation for approval of the subdivision. She
recommended that the Board uphold the East County Regional Planning
Commission' s decision and rezone the property to single family
residential R-10, deny the appeal and approve the subdivision for
eight lots.
The public hearing was opened and the following people appeared
to speak:
Sam Travale, Rt. 1, Box 256J, Oakley, applicant and owner,
commented on issues including not building or maintaining a median
strip on Empire Avenue, buffering, sewers, the size of the proposed
homes and the quality of the development.
Jeff Huffaker, 1407 A Street, Suite D, Antioch, representing the
Bedford Lane Association, commented on the character of the
neighborhood in question encompassed by West Cypress Place, Bedford
Lane, Gumtree and Tate Lane having developed over the last 18 years
into a unique neighborhood living situation providing an alternative
lifestyle in Oakley that is rapidly disappearing and the concern of
his clients .to try and preserve that alternative lifestyle. He also
commented on the position of the Association that this application
should be denied as being inconsistent with the current development
within the community and inconsistent with the desire of the residents
to have this are5designated one unit per acre when the General Plan is
reinstituted. He also commented on a letter he had submitted to
Harvey Bragdon, requesting that the question of one unit per acre in
this area be referred to the Board so that at the time the General
Plan in once again reconsidered and adopted by this Board that this
area can be converted to one unit per acre, . and that in the letter
they were requesting not only that the Board deny the subdivision but
that the Board consider adopting an interim zoning ordinance under
Section 65858 of the California Government Code which would authorize
this Board to deny any application which could potentially be in
conflict with the General Plan which is currently under consideration.
Frank Aiello, 1347 Buchanan Road, Pittsburg, Mr. Travale's real
estate broker, commented on issues including a feasibility study done
in the Oakley area, buffering, traffic, and urged approval of the
project.
William Harvey, 22 Cypress Place, Oakley, commented on matters
including density, sewers and requested that the Board not approve the
application.
Barbara Mello, Rt. 1, Box 224-C, Oakley, resident on Gumtree,
commented on the rural character of the neighborhood and their
lifestyle and requested the Board to protect their lifestyle, their
right to their farm and their children' s right to have their animals.
Virginia Hagar, 4430 Hagar Lane, Oakley, requested rezoning back
to one house per acre.
Sam Travale spoke in rebuttal.
The public hearing was closed.
Supervisor Torlakson requested clarification from the staff on
the notification procedure for rezonings and General Plan changes.
Karl Wandry responded to Supervisor Torlakson' s concern relative
to the noticing procedure.
2.
Supervisor Torlakson moved approval of the subdivision
with an additional condition recommended by Oakley Municipal Area
Committee (GMAC) relative to the square footage of the homes being no
less than the 2100 square foot standard and the addition of clarifying
language on the Empire Road improvements.
Supervisor Schroder clarified that the motion was also to deny
the appeal.
Supervisor .Torlakson requested to direct staff to consider in the
General Plan the strongest possible measures to preserve the quality
of life in this area and the one acre designation, and further moved
to direct staff to implement as great a measure as possible to
preserve the. balance of the special quality of the neighborhoods in
this area.
Therefore, IT IS BY THE BOARD ORDERED that the recommendations
are APPROVED; and as in recommendation 2, Subdivision 7090 is APPROVED
with amended conditions (Exhibit A attached) ; and staff is DIRECTED to
implement as great a measure as possible to preserve the balance of
the special quality of the neighborhoods in this area.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT 1 ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES .OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development Dept. AZ*1'ESTED July 26 , 1988
Sam Travale PHIL BATCHELOR, CLERK OF
Jeffrey D. Huffaker THE BOARD OF SUPERVISORS
County Counsel An
Public Works: COUN ADMINISTRATOR
Assessor BY v
Building Inspection ' DEPUTY
Oakley Fire District
CONDIT-LONS OF APPROVAL FOR SUBDIVISION 7090
1. This approval is based upon the tentative map dated received February 10,
1988 by the Community Development Department subject to the Conditions
listed below including modification of the lot layout for the subdivision.
2. Comply with the park dedication fee requirements for the County Ordinance.
3. With the filing of the Final Map, covenants, Conditions and Restriction
(CC&R's) shall be submitted for review by the Community Development Depart-
ment.
4. An Archaeological field reconnaissance report shall be prepared and submit-
ted to the Community Development Department at least 30 days prior to re-
cording the final map. This report shall be prepared by a professional
archaeologist who is certified by the Society of Professional Archaeology
(SOPA) or the Society for California Archaeology (SCA) The study shall be
completed prior to any stripping, grading or trenching on the site.
5. Sewage disposal serving the properties concerned in this application shall
be proved by the Oakley Sanitary District. Each individual living unit
shall be served by a separate sewer connection. The sewers located within
the boundaries of the properties concerned shall become an integral part of
the Oakley Sanitary District's sewerage collection system.
6. Water supply serving the properties concerned shall be by the Oakley Water
District. Each 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 application shall become an integral
part of the Oakley Water Districts overall water distribution system. The
water main serving the development shall be upgraded if required by the
Oakley Water District.
7. The lot layout of the subdivision shall generally be modified to that shown
on the attached staff study dated May 4, 1988. Bedford Circle shall become
a 28' wide private street with a 35' radius paved turnaround.
8. The perimeter of the site shall be fenced with a 6' high solid wood fence
with acceptable pillars every 8 feet subject. to Zoning Administrator review
and approval. The required fencing shall be installed prior to occupancy
of new residential structures on the site. A suitable concrete, stone or
stucco wall shall be installed along the property's Empire Avenue frontage
subject to review and approval of the Zoning Administrator prior to
occupancy of houses in this subdivision.
9. Prior to recording the parcel map the site shall have been rezoned to R-10
or R-7 by the Board of Supervisors.
10. Submit a preliminary geotechnical report meeting the requirements of the
Subdivision ordinance, Section 94-4.420, including design-level conclusions
and recommendations, and including evaluation of earthquake-induced
liquefaction, for review and approval of the Planning Geologist prior to
recording a Final Map or issuance of a Building Inspection Department per-
mit. Allow 60 days for review.
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11. Street names shall be acceptable to the Community Development Department
and the Fire District.
12. Prior to recording the Final Map for this site, the application shall sub-
mit a Landscape Plan conforming to the County's Water Conservation poli-
cies:
A. Native, drought resistant plants shall be used whenever feasible.
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B. Landscaping along all street setbacks including the 13' wide strip
around the meandering sidewalk on Empire Avenue.
C. A minimum of one fifteen-gallon street tree for each lot to be main-
tained by the applicant until occupancy.
D. All landscaping, including frontyard landscaping, shall be installed
or bonded prior to occupancy on any new residences on the site.
E Landscaping shall be maintained by the applicant until occupancy or.
annexation to Landscaping-Lighting District.
13. Provision of a Child Care Facility or program is required for the develop-
ment: the program shall be submitted for the review and approval of the
Zoning Administrator prior to the recording of the Final Map.
14. On the 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 accord-
ing to the Bay Area CPI . Furthermore, the Board of Supervisors shall re-
view the assessment amount and adjust it to a higher level as conditions
warrant it. Review shall be made of the initial assessment amount after
budget hearings and after the pending elections of the general community on
the question of additional police services.
15. Prior to the issuance of building permits the, applicants shall submit a
detailed TSM Plan for review and approval by the Zoning Administrator (un-
less otherwise required by a TSM Ordinance). The approved TSM plan shall
be operative prior to final inspection by the Building Inspection Depart-
ment.
16. The following statement shall be recorded at the County Recorder's Office
for each parcel to. notify future owners of the ,parcels that they own prop-
erty in anagricultural area:
"This document. shall serve as notification that you have purchased land in
an agricultural area where you may regularly, find farm equipment using lo-
cal roads; farm equipment causing dust.; crop dusting and spraying occurring
regularly; burning associated with agricultural activities; ,noise associat-
ed with farm equipment and aerial crop dusting and certain animals and
flies may exist on surrounding properties. This statement is, again, noti-
fication that this is part of the agricultural -way of life in East Contra
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Costa County and you should be fully aware of this at the time of pur-
chase."
17. Each new residential unit shall be equipped with a lighted house number,
visible from a public or private roadway.
18. All lots shall conform to R-10 standards for area, width and depth. The
poolhouse shall be removed or detached from ; the house with a 3 foot
sideyard remaining.
19. Comply with drainage, road improvement, traffic and utility requirements as
follows:
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. Requirements of the
Ordinance. include the following:
1. Constructing road improvements along the frontage of Empire Ave-
nue.
2. Undergrounding of all utility- distribution facilities. An
exception to this requirement is recommended for the existing
house on Lot 1. .
3. Installing street lights and applying for annexation to County
Service Area L-100 for maintenance of the street lights. The
final number and location of the lights will be determined by the
County Traffic Engineer.
4. Conveying all storm waters entering or originating within the
subject property to a natural watercourse having definable bed
and banks or to an existing adequate storm drainage facility.
The nearest drainage facility is Line D of Drainage Area 29C
which is proposed to be extended to the Cypress Road-Empire
Avenue intersection under Subdivision 6802. Its adequacy must be
verified prior to being allowed to discharge run-off to it.
5. Verifying that all finished floor ; elevations are above the
100-year flood elevation.
6. Prohibiting the discharging of storm waters to roadside ditches.
7. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor. -
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urveyor.8. Submitting improvement plans prepared by a registered civil
engineer, payment of review and inspection fees, and security for
all improvements required by the Ordinance Code or the conditions
of approval for this subdivision. These plans shall incl.ude any
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necessary traffic signage and striping plans for review by the
County Traffic Engineer.
9. Installing, within a dedicated drainage easement, any portion of
the drainage system which conveys run-off from public streets.
B. The following exception to Title 9 is permitted for this subdivision:
Chapter 96-10, "Underground Utilities", for the existing house on Lot
#1.
C. Convey to the County, by Offer of Dedication, 13 feet of additional
right of way on Empire Avenue as required for the planned future half
width of 55 feet.
D. Convey to the County, by Offer of Dedication, a 20 foot radius right
of way return at the intersection of Bedford Lane and Empire Avenue.
E. Relinquish abutter's rights of access along Empire Avenue, including
curb returns, with the exception of Bedford Lane.
F. Construct Bedford Circle as a 28-foot paved road within a 40 foot
access easement to County private road standards. The turnaround
shall be constructed with a 35 foot radius within a 41 foot radius
road easement.
G. Construct curb, 5-foot sidewalk (at least 2 feet from the curb face) ,
necessary longitudinal and transverse drainage, 28 feet of pavement
replacement and widening and a half-width median island (including
surface treatment) on Empire Avenue as shown on the Tentative Map and
as revised. in these Conditions of Approval . The outside face of curb
shall be 15 feet and the median curb shall" be located 43 feet from the
proposed right of way line. Any existing pavement located west of the
existing centerline shall be removed and replaced. Provide transi-
tions to the existing roadway to the north and south in a manner ac-
ceptable to the Public Works Department, Road Engineering Division.
H. Install permanent landscaping and automatic irrigation facilities
within the parkway and median areas.
I. Construct a temporary asphalt concrete berm at the existing Empire
Avenue road centerline (55 feet from the proposed right of way) to
delineate the temporary edge of median. Widen the easterly side of
the Empire Avenue roadway to a 12-foot width with a reduced structural
section acceptable to the Public Works Department, Road Engineering
Division, to serve northbound traffic.
J. Construction of the Empire Avenue median island and median island
landscaping may be deferred subject to the review of the Public Works
Department, Road Engineering Division, and subject to the review and
approval of the Zoning Administrator,provided that a deferred improve-
ment is executed requiring the owner(s) of the property involved in
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Subdivision 7090 to construct the improvements when they are con-
structed on adjacent property.
K. Submit a preliminary Empire Avenue vertical and horizontal alignment
plan to the- Public Works Department,. Road Engineering Division for
review and to the Zoning Administrator for review and approval prior
to finalization of improvement plans. The; preliminary alignment plan
shall also show all lot line modifications required under these. condi-
tions of approval .
L. An exception is permitted from Section 96-14.002, "Improvement of
County Streets", for Bedford Lane roadl: improvements, provided a
deferred improvement agreement is executed requiring the owner(s) of
the property involved - in Subdivision 7090 to:
1. Construct curb, 4-foot 6-inch sidewalk (width measured from curb
face) , necessary longitudinal and transverse drainage, and 28 .
feet of pavement widening on Bedford Lane. The face of curb
shall be located 10 feet from the widened right of way line.
2. Prevent storm drainage, originating on the property and conveyed
in a concentrated manner, from draining across the sidewalks and
driveways.
3. At the time the deferred improvement agreement is called up,
submit improvement plans to the Public Works Department,
Engineering Services Division, for review; pay the . inspection
fee, plan review fee and applicable lighting fees.
M. Furnish proof to the Public Works Department, Engineering Services
Division, of the acquisition of all necessary rights of entry, permits
and/or easements for the construction of off-site, temporary or perma-
nent, road and drainage improvements.
N. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the Oakley and the East/Central County Travel Corridor Areas of
Benefit as adopted by the Board of Supervisors.
0. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
P. Furnish proof to the Public Works Department, Engineering Services
Division, of the acquisition of all necessary rights of entry, permits
and/or easements for the construction of off-site, temporary or perma-
nent, road and drainage improvements.
Q. Comply with the drainage fee requirements for Drainage Area 29C as
adopted by the Board of Supervisors.
R. Provide an acoustical analysis for Empire Avenue noise impacts based
on horizon year traffic and ultimate road widening. Provide adequate
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noise mitigation subject to the review of the Public Works Department,
Road Engineering Division and subject to the review and approval of
the Zoning Administrator.
S. Annex this property to County Landscaping District AD 1979-3 (LL-2) .
T. Annex this property to Drainage Area 290.
U. Obtain a Floodplain Permit from the Community Development Department
and comply with the requirements of the Flood Plain Management Ordi-
nance including Section 5:0, "Provisions for Flood Hazard Reduction",
of that Ordinance. Elevate finished floors to above the base flood
elevation plus freeboard.
V. Construct adequate transitions and conforms and coordinate work with
adjacent projects proposed to be constructed at this time.
The following statements are not Conditions of Approval . They are concerns
and/or requirements of other agencies or concerned groups that may have to be
complied with before the site can be developed.
A. Oakley Sanitary District
1. Sewer service required for all lots.
2. Fees required:
3. Sewer extension to service this subdivision and extend westerly to
serve other parcels on Bedford Lane in the future.
4. Developer to abide by Oakley Sanitary District's Ordinance #12.
B. Oakley Fire District
1. The developer shall be required to contribute Fire Facility Fees to
mitigate operational costs associated with increased service demands
throughout the Fire District. Fire Facility Fees are currently set at
the rate of $480.00 per individual residential dwelling unit.
The developer shall pay all required Fire Facility Fees prior to the
issuance of any building permit.
2. The developer shall provide an adequate and reliable water supply for
fire protection with a minimum fire flow of 2,000 GPM. Required fire
flow shall be delivered from not more than two (2) hydrants- -flowing
simultaneously while maintained 20 pounds residual pressure in the
main.
3. The developer shall provide fire hydrants of the East Bay type, as
specified by the Fire District (and Oakley Water District) . Location
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of hydrants will be determined by the Fire District upon submittal of
two (2) copies of a tentative map or site plan.
4. The developer shall provide access roadways with all-weather driving
surfaces of not less than 20 feet of unobstructed width, and not less
than 13'-6" of vertical clearance, to within 150 feet of all portions
of the exterior walls of every building. Access roads shall not ex-
ceed 20% grade, shall have a minimum centerline turning radius of 30
feet, and must be capable of supporting the imposed loads of fire ap-
paratus (20 tons) .
5. Dead-end fire department access roads in excess of 150 feet long shall
be provided with approved provisions for the turning around of fire
department apparatus.
6. Access roads and hydrants shall be installed and in service prior to
combustible construction.
7. The developer shall provide illuminated addressing located on all
buildings in such a manner as to be plainly visible and legible from
the street or road fronting the property.
8. Where open space is to be maintained for public or private use, the
developer shall provide access into these areas from public ways.
These access ways shall be a minimum 16 foot width to accommodate fire
department equipment. .
All open spaces, when left in their natural state, shall meet the Fire
District's weed abatement standards.
C. Oakley Water District
, Comply with the regulation and specifications of the District in regards to
supplying water to the development.
D. Building Inspection Department
1. Soils report required.
2. Grading must be supervised.
E. Oakley Municipal Advisory Council
1. Houses should be large sized.
2. Side access should be provided on 25% of the proposed . lots for
recreational vehicle parking.
3. Roofs to be constructed only of fire retardant materials.
AB/SW/df
sub7:sub7090c.ab
5/4/88
Revised 6/13/88