HomeMy WebLinkAboutMINUTES - 07261988 - T.7 T7
TO: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon Contra
Director of Community Development (�
DATE: June 14, 1988 Courcy
SUBJECT: Hearing on Rezoning Application #2771-RZ (Raymond Vail & Associates
(Applicant) and Delta Fence, Inc. (Owner) , to rezone subject site from
Retail Business District (R-B) and Single Family Residential District
(R-6) to General Commercial District (C) . The subject property
consists of several descriptive parcels fronting .for 200 feet on the
west side of Liberty Line Highway (State Highway 4) , approximately 450
feet north of Grant Street in the Brentwood area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation .prepared for this
project as being adequate.
2. Approve the Rezoning application #2771-RZ, along with
Development Plan #3077-87, including conditions of approval as
recp1�ended b the East County Regional Planning Commission.
(Exhibit A at-tacked) .
33. Adopt the East County Regional Planning Commission' s findings
as set forth in Resolution No. 31-1988 as the determinations
for these actions.
4. Introduce the ordinance giving effect to the aforesaid
rezoning., waive reading and set forth date for adoption of
same.
CONTINUED ON ATTACHMENT: YES SIGNA
.RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENBAWN OP 01ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON July 26, 1988 APPROVED AS RECOMMENDED X OTHER
This being the time heretofore noticed by the Clerk of the Board of Supervisors
cfd.r hearing on the above-matter, the public hearing was opened and no one
appearing in opposition, the public hearing was closed. On recommendation of
Supervisor Torlakson, IT IS BY THE BOARD ORDERED that recommendations 1, 2, -3
and 4 are APPROVED; and as .in recommendation 4, Ordinance No. 88-62 is
INTRODUCED, reading waived and August 9, 1988 is set for adoption of same.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A .
X UNANIMOUS (ABSENT l� 2 ) 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. ATTESTED July 26 , 1988
Raymond Vail & Assoc. PHIL BATCHELOR, CLERK OF
Delta Fence, Inc. THE BOARD OF SUPERVISORS
Public Works AN COUNTY ADMINISTRATOR
Assessor
County Counsel BY v DEPUTY
East Diablo Fire Protection Dist. A40
AB:plp
CONDITIONS OF APPROVAL FOR DEVELOPMENT'vPLAN 3077-87
1. Development of the site shall be generally developed as shown on the site
plan submitted with the application and dated received November 16, 1987 by
the Community Development Department. Failure to comply with the following
conditions of approval could cause the revocation of this permit.
2. Comply with the landscape and irrigation requirements as follows:
A. Submit a landscape irrigation plan within 90 days of the approval of
the permit. The Zoning Administrator shall review and approve the
landscape and irrigation plan.
B. The proposed trees on the site are to be a minimum of 15 gallons in
size. Any proposed shrubs on the site are to be a minimum of 5 gal-
lons in size. Native species are to be used to the greatest extent
feasible.
C. A row of trees along the south and west side of the McClelland proper-
ty, shall be planed. Trees shall be on 30' centers and shall be
drought tolerant, and wind resistant. Trees can be deleted in the
area of the entrance to the McCelland property. Landscaping must com-
ply with the .Contra Costa Policy on Water Conservation Requirements
which controls the types of plants and irrigation systems.
D. A row of narrow columnar trees shall be planted along the southerly
side of the existing Delta Fence building to help break up the blank
wall . Trees such as Italian cypress should be considered.
3. Exterior lights shall be deflected so that lights shine onto applicants'
property and not toward adjacent properties. The Zoning Administrator
shall review and approve any street lighting details prior to installation.
4. Parking areas shall be paved and gravelled with a low dust gravel and
sloped to prevent the ponding of water.
5. All commercial use of the McClelland property shall be through the existing
equipment and material storage yard. The 30' access strip south of the
Delta building shall be used for residential uses only. When the property
to the south As developed for commercial purposes, this condition would no
longer apply.
6. As shown on the plans, the south and west sides of the "McClelland proper-
ty" shall be fenced with a chain link fence with wood slats.
7. The following variance is approved. It complies with section 26-2.2006 of
the County ordinance.
A. A 0' setback from the access easement for the existing commercial
building (10' required) .
8. Prior to any development on the "McClelland property" for commercial uses,
the entire site shall have been rezoned General Commercial by the Board of
Supervisors.
9. Comply with drainage, road improvement, traffic and utility requirements as
follows:
EEO A
2
A. Unless exceptions are specifically granted, this development shall
conform to the requirements of Division 914 (Drainage) of the Subdivi-
sion Ordinance. This includes the following:
1. 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 A of Drainage Area 30C lo-
cated along Grant Street.
The applicant is permitted an exception from Section 914-2.006,
"Surface Water Flowing from Subdivision" , provided the appli-
cant' s proposal as modified by these conditions of approval will
not result in an increase in the area of impervious surface and
provided that he maintains the existing drainage pattern and does
not dispose concentrated storm waters onto adjacent properties.
2. Prohibiting the discharging of storm waters to roadside ditches.
I
3. Installing, within a dedicated drainage easement, any portion of
the drainage system which conveys run-off from public streets.
4. Prohibits discharging storm waters into the Contra Costa Canal or
any other water conveyance or impounding facility for domestic
water consumption.
B. Unless exceptions are specifically granted, comply with the require-
ments 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, 30.5 feet of addi-
tional right of way on State Highway 4 as required Ifor the
planned future width of 104 feet.
2. Construction of road improvements along the frontage of State
Highway 4. The applicant is permitted an exception from Section
96-14.002,
"Improvement of County Streets", provided a deferred improvement
agreement is executed requiring the owner(s) of the property in-
volved in Permit 3077-87 to
a. Construct curb, 10-foot sidewalk (width measured from curb
face) , necessary longitudinal and transverse drainage, pave-
ment widening, a median island (including surface treatment,
landscaping and automatic irrigation facilities) and install
street lights on State Highway 4. The face of curb shall be
located 10 feet from the widened right of way line. The
final number and location of the lights shall be determined
by the County Traffic Engineer.
3
b. Prevent storm drainage, originating on the
property and conveyed i.n a concentrated manner, from drain-
ing across the sidewalk and driveways.
C. At the time the deferred improvement agree-
ment is called up, submit improvement plans, if required, to
the Public Works Department, Engineering Services Division,
for review; pay the inspection fee, plan review fee and ap-
plicable lighting fees.
C. Restrict access along State Highway 4, with the exception of up to a
30 foot wide access at the northerly property line of this property
and a 30 foot access at the southerly line of this property. The
northerly gate shall be replaced with fencing. Temporary access will
be permitted at the existing access to the property designated as APN
18-180-004 on the Site Plan, until this portion of State Highway 4 is
improved.
D. Observe a 40 foot structure setback along the northerly line of this
property to allow for future construction of a road along this
property line with a 30 foot half-width right of way.
E. Install all new utility distribution services underground.
F. An encroachment permit for construction within the State right of way
shall be obtained from Caltrans through the Public Works Department,
Engineering Services Division.
G. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the Oakley Area of Benefit and the East/Central County Corridor
Area of Benefit as adopted by the Board of Supervisors.
H. 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.
I. Submit improvement plans prepared by a registered civil engineer to
the Public Works Department, Engineering Services Division, for re-
view; 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, Engineering
Services Division, prior to the issuance of any building permit. The
review of improvement plans and payment of all"'fees shall be completed
MEW A
4
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 im-
provement agreement with Contra Costa County and post bonds required
by the agreement to guarantee completion of the work.
J. Comply with the drainage fee requirements for Drainage Area 30C as
adopted by the Board of Supervisors.
K. The applicant shall file a request for annexation to AD 1979-3 ( LL-2)
within one year of approval of this development by the County.
AB/SW/df
rz7:3077-87c.ab
5/18/88
Revised 5/23/88