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HomeMy WebLinkAboutMINUTES - 09131988 - T.4 -A Contra T. 4 CWIQ TO: BOARD OF SUPERVISORS County FROM: Harvey E. Bragdon, Director of Community Development DATE: August 5, 1988 SUBJECT: Rezoning Application 2781•-RZ, Development, Plan #3002-88 & Sub- division #7082 - Elee Tsai (Applicant) , T.C. Chen & Jim Huang (Owners) - Requesting approval to rezone 2.13 acres from M-12' to P-1, Final Development Plan approval for 24 .townhome lots with a common area. El Sobrante area. (S.D.II) 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 from M-12 to Planned Unit District (P-lj- as recommended by the County Planning Commission. 3. Approve Development Plan application #3002-88 for 24 townhome lots with a common area and the tentative map for Subdivision #7082 with conditions approved by the County Planning Commiss ion. 4. Adopt the County Planning Commission's findings as set forth in Resolution #41-1988 as the determination for these actions. 5. Introduce the ordinance giving effect to the aforesai z ing; waive reading and set date for adoption of same CONTINUED ON ATTACffi4ENT: YES SIGNA _ ACTION OF BOARD ON September 13 , 1988 APPROVED AS RECOMMENDED X OTHER This being the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the above matter, Jean Mesick, Community Development Department, described the project site. She also commented on the Planning Commission recommendation and a concern expressed by the applicant relative to conditions of approval involving a northern access that was deleted at the Planning Commission. She advised that some of the conditions before the :`Board today reference the northern access and the applicant had requested elimination of these and staff would concur with that and prepare revised conditions of approval. The public hearing was opened and the following person appeared to speak: Elee Tsai, 645 Fourth St. #211, Santa Rosa, applicant, clarified his request for deletion of condition number six . The public hearing was closed. On recommendation of Supervisor Fanden, IT IS BY THE BOARD ORDERED that recommendations 1, 2 and 3 with amended conditions (Exhibit A attached) , 4 and 5 are APPROVED; and as in recommendation 5, Ordinance No. 88-72 is INTRODUCED, reading waived, and September 27, 1988 is set for adoption of same. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT I' � ). TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: WINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. . CC: Community Development Dept. ATTESTED September 13 , 1988 Elee Tsai PHIL BATCHELOR, CLERK OF Chen & Duang THE BOARD OF SUPERVISORS Public Works AN COUNTY ADMINISTRATOR West County IFiref,6istrict �,� __ BY 2 �. DEPUTY CONDITIONS OF APPROVAL FOR 2781-RZ 1. This approval is based upon the exhibits received by the Community Development Department and listed as follows: , A. Exhibit "A" revised Preliminary Development Plan, for a 24 Unit Planned Development. scale 1" = 20' received March 16, 1988. B. Exhibit "B" - Preliminary floor plans, elevation plans and typical lot layout received March 16, 1988. C. Conceptual landscape plan, received March 16, 1988. D. Preliminary grading and utility plan received March 16, 1988. 2. Sewage disposal serving the properties concerned in this applicant shall be provided by the West 'Contra Costa 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 West Contra Costa County Sanitary District's sewerage collection system. 3. Water supply serving the properties concerned shall be by the East Bay Municipal Utility District. Such water distribution system, located within the boundaries of the properties concerned in this application, shall become an integral part of the East Bay Municipal utility District's overall water distribution system. Each individual living unit shall be served by a separate water connection. 4. Comply with the requirements of the West County Fire Protection District including provision for water supply and fire hydrants, as determined by the District. 5. The .Covenants, Conditions and Restrictions (C.C. & R's) developed for this project shall include the following deed restrictions: A. No recreational vehicle, boat trailer or mobile home shall be stored on the site overnight. B. Limit on types and number of pets. -6. Guest parking area shall be reoriented to that shown on the revised tentative Development Plan received. March 16,1988. 7. The length of this rezoning approved shall coincide with the length of time that Final Development Plan 3002-88 and Subdivision 7082 are viable. f CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3002-88 1. This approval is based upon the exhibits received by the Community Develop- ment Department and listed as follows: A. Exhibit "A" - Revised Final Development Plan for site done by Elee Tsai Architect, A.I.A. , received March 16, 1988. B. Exhibit "B" - Floor plans, typical elevation plans, and typical lot layout dated received March 18, 1988. C. Archaeological reconnaissance report- 5-794 done for previous approval dated received July 9, 1986. D. Geotechnical investigation and report and Geotechnical Report update by the Baller Group Inc. dated received March 23, 1988. 2. This approval is subject to adoption of an Ordinance for the rezoning of the subject property under application 2781-RZ. The final -number and lay- out of units shall reflect the Board's approval . 3. The proposed buildings shall be similar to that shown on submitted plans. Prior to the issuance of a building permit elevations and architectural design of the building and building roof material shall be submitted for final review and approval by the County Zoning Administrator. The roofs and exterior walls of the building shall be free of such. objects as air conditioning or utility meter equipment, television aerials, etc. , or they shall be screened from view. The building shall be finished in wood or other materials acceptable to the Zoning Administrator. The details of the exterior finishes should be submitted at -least 30 days prior to anticipated building permit requests for the Zoning Administrator's review and approval . 4. Comply with landscaping requirements as follows: A. A landscaping program and irrigation plan for all areas shown on the submitted plot. plan shall be submitted for review and approval of the Zoning Administrator at least 30 days prior to issuance of building permits. A cost estimate shall be submitted with the landscaping plan. B. California native species shall be used as much as possible. All trees shall be a minimum 15 gallon size, all shrubs shall be a minimum 5 gallon size. Trees should be of a drought tolerant type. The access road area shall be landscaped with trees on each side. The area between garages shall be landscaped with a vine type of plant and trellis or some other flowering bush acceptable to the Zoning Administrator. C. The play area design details shall be submitted fore review and ap- proval of the Zoning Administrator. The play area shall be fenced With a' 6' tall wood fence except that a cyclone type of fence may be used along the westerly and northerly sides of the play area. D. Each backyard of each unit shall be planted with one suitable shade or fruit trees, except that units 11 to 18 shall be provided with two trees. E. The area between the townhome area and Appian Way shall be heavily landscaped ,with suitable trees and buses. F. The back area of the site shall be planted with a scattering of drought and wind tolerant trees and bushes and otherwise left natural . G. The Zoning Administrator shall review and approve fencing details and location. The masonry fence shall be made of tan or brown tinted, rough faced concrete blocks or some other material acceptable to the Zoning Administrator. Each backyard area shall be fenced with a six foot high solid wood fence, other than lots 23 and 24 where suitable wire fences may be used. H. Electronic or other type of gates shall not be installed. I. Landscaping shall comply with the Contra Costa County policy on water conservation requirements for new developments. 5. Exterior lights shall be deflected so that lights shine onto applicant's property and not toward adjacent properties. , The Zoning . Administrator. shall review exterior lighting details prior to building permit issuance. Plans for exterior lighting shall be submitted at least. 30 days prior to anticipated request for building permits. 6. Each unit shall have address' numbers or letters that are clearly visible day and night to the street in front of the unit. 7. Comply with appropriate park dedication fees. S. The design, color, location and height of any project sign at the front of the property shall be reviewed and approved by the Zoning Administrator. The sign shall be non-illuminated. The sign may be back-l.it. 9. Sewage disposal serving the properties concerned in this application shall be provided by the West Contra Costa Sanitary District. 'Each individual living unit shall be served by a separate sewer connection. The sewers located within the boundaries of the properties concerned ., oncerned shall become an integral part of the West Contra Costa County Sanitary District's sewerage . collection system. 10. Water supply serving the properties concerned shall be by the East Bay Municipal Utility District. Such water distribution system located within the boundaries of the .properties concerned in this application, shall become an integral part of the East Bay Municipal District's overall water distribution system. Each individual living unit be served by a separate water connection. 11. Comply with the requirements of the West County Fire Protection District including provision for water supply and fire hydrants, as determined by the District. EMMY A 12. Covenants, Conditions and Restrictions shall be submitted for review with the Final Subdivision Map, subject to review by the Community Development Department. This document shall provide for establishment, ownership and maintenance of the common open space and parking, fireprotection, agencing, private streets, and drainage maintenance. 13. The Covenants, Conditions and Restrictions (C.C. & R's) developed for this project shall include the following deed restrictions. A. No recreational vehicle, boat trailer or mobile home shall be stored on the site overnight.. B. Limit on types and number of pets. 14. Each unit shall have its own individual trash collection area. 15. Parking and driveway areas shall be paved so as to prevent ponding of water or the creation of dust. The guest parking area. shall •be redesigned to be compatible with the staff sketch dated May 17, 1988 showing a changed, parking layout. 16. Submit an acoustical study for review and approval of the Planning Department. The report shall be prepared by a .competent acoustical expert. It shall outline measures to be taken to reduce interior noise levels to- 45 dBA or less in those units- effected by. higher street noise levels. 17. A street name acceptable to the Planning Department and the Fire District shall be submitted for the access road. 18. Each unit shall have at least 50 cubic feet of protected storage space exclusive of normal closets and their own laundry facilities. 19. 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 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. 20. Units 1, 10, '11, and 22 shall have side windows to help break of the blank wall effect. 21. The roofs`of the units shall drain to the access roads or storm drains. 22. The Homeowners. Association shall be provided with a complete set of as-built plans for the project which shall include the location of all drainage facilities, utilities, buildings, irrigation pipes, pool slide and/or gully repair. 23. Applications for building and grading permits shall indicate the soils engineer's review and approval by signature. EL& off A 24. The approval of this Final Development Plan shall run with the 36 month approval for Subdivision 7082. One. 36 month extension can be granted to coincide with an extension of Subdivision 7082. 25. Notify the State Department .of Fish and Game of any construction that may effect the watercourse traversing the back of the site. 26. Comply with drainage, road improvement, traffic and utility requirements as follows: A. Prior to issuance of building permits, file the Final Map for Subdi- vision 7082. 27. Site grading, exterior construction, road paving, cement/foundation construction and noisy interior construction shall be conducted only Monday through Friday, 8:00 a.m. to 5:00 p.m. No work shall be done on national holidays. . The following statements are not conditions of approval ; however, the applicant/- developer should be aware of it prior to requesting grading or building permits. A: Comply with the requirements of the .Building Inspection Department. B. . Comply with the Uniform Fire Code Requirements of the Fire District. C. Comply with the Richmond Unified School District requirements for development fees per Government Code Section 53080 et seq. 4 CONDITIONS OF APPROVAL FOR SUBDIVISION 7082 1. This approval 'is based upon the revised tentative map dated received by the Community Development Department on March 18, 1988. The final map for Sub- division 7082 shall not be filed until final action is taken on the Final Development Plan (3002-88) and rezoning application filed on the subject property (2781-RZ). The final map shall reflect the final number of units approved. 2. This project is approved for a total of 24 units. 3. Comply with the requirements of the Parks Dedication Ordinance. 4. Sewage disposal serving the properties concerned in this application shall be provided by the West Contra Costa 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 West Costa County. Sani,"tary District's sewerage collection system. 5. Water supply' serving the properties concerned shall be by the East Bay . Municipal Utility District. Such water distribution system located within the boundaries of the properties concerned in this application, shall" become an integral part of the East Bay Municipal Util.ity District's overall water distribution system. Each individual living unit shall , be served by a.separate water'connection. 6. Comply with the requirements of the West County Fire Protection District. in' regards to provision of fire hydrants and adequate fire protection measures. 7. Covenants, Conditions 8 Restrictions shall be submitted for review with the Final Subdivision Map, subject to review by the Planning Department. This document shall provide for establishment, ownership and maintenance of the common open space and parking, fire protection," fencing, private streets ,and drainage maintenance. 8. The Covenants, Conditions and Restriction (C.C. & R. 's) developed for this project shall .include the, following deed restrictions: A. No recreational vehicle, , boat trailer or mobi,.l a home shall be stored on the site overnight. B. Limits. on types and numbers of pets.* 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 Archae- ology (SOPA) has an opportunity, to evaluate the 'significance of the find and suggest appropriate mitigation measures,. if they are deemed necessary. 10. Prior to filing the. Final Subdivision Map, plans 'shall be submitted to the Planning Department for house numbering and approval of street names. 11. The dimensional layout of the lots of this subdivision are approved. The Zoning Administrator can review and administratively amend these if necessary in _the future.. 12. The Homeowners Association shall be provided with a complete set of as-built plans for the project which shall include the location of all drainage facilities, utilities, buildings, irrigation pipes, pool slide and/or gully repair. 13. Conditions of approval of Final Development Plan 3002-88 shall be complied with. 14. Comply with drainage, road improvement, traffic and utility requirements as follows.- A. ollows: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 a 6-foot 6-inch sidewalk, approximately 5 feet of pavement widening, curbs, longitudinal and transverse drainage along the frontage of Appian Way. The curb face shall be located 8 feet from the widened right of way line. 2. Constructing- a. paved turnaround at the end of the proposed private road. The driveway configuration as modified by these conditions of-.approval may be adequate for a turnaround area subject to the review of the Public Works Department, Engineering Services Division. 3. Installing new street lights on Appian Way. 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. Although the storm drainage system is shown on the submitted plan, comment on the system will be .made when the improvement plans are submitted for review. 5. Prohibiting the discharging of storm waters to roadside ditches. 6. Submitting a Final- Map prepared by a registered civil engineer or licensed land surveyor. 7. 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 include any D gu a Q necessary traffic signage and striping plans for review by the County Traffic Engineer. S. Dedicating development rights over the natural, watercourse traversing the subject property in accordance. with the provisions of Chapter .914-10 of the Subdivision Ordinance and as modified by this condition of approval . No permanent structures, other than drainage structures, shall be placed within the area encompassed by the drainage easement. The top of bank of the creek shall be considered to be 3 feet higher than the bottom of the watercourse due to the. very small upstream watershed: B. Construct the on-site driveway system to current County private road standards to serve all of the parcels in this proposed subdivision as shown on the Preliminary Development Plan and as modified by these conditions of approval . The road and access easement shall be at least a 26 foot, width on the east-west leg and at least a 24 foot width on the north-south leg of the 'access road.. The north-south leg of the access road shall extend to within '2 feet of the northerly property line of this property and shall be extendable to the norther- ly property line. The access easement shall extend to the northerly property line. C. Convey to the County, by Offer of Dedication, 10 feet of additional right of way .on Appian Way, in accordance with drawing PA 1271 on file with the County Public Works Department, as required for the planned future width of 80 feet. D. Any existing street lights on wood poles along this frontage shail be placed on steel light standards in their ultimate location. E. The construction ..of frontage improvements along the frontage of this property shall include conform work necessary to provide continuity for the existing pedestrian way and on-street bicycle lane and accept- able to the County Public . Works Department, Engineering Services Division. F. Perform , an acoustical analysis of the ; noise impacts on this development based on horizon year traffic land ultimate widening of Appian Way. Provide noise mitigation recommended by the acoustical analysis and acceptable to the Zoning Administrator. G. Abuters rights along Appian Way, with the exception of the proposed access to this development shall be given up' H. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Richmond/E1 Sobrante Area of Benefit as adopted by the Board of Supervisors. ' y 9 I. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalk and driveway. J. 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 permanent, road and drainage improvements. K. The applicant's proposed island near lot 10 . shall be subject to the review of the Public Works Department, Road Engineering Services Division and the review and approval of the Zoning Administrator. L. Garages shall be equipped with roll up garage doors equipped with automatic garage door openers. M. Eliminate the entrance gates near Appian Way. ` AB:gl RZX/2781-RZC.AB 5/17/88 6/6/88 6/14/88 - Revisions, P/C . EON� Q