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HomeMy WebLinkAboutMINUTES - 09131988 - T.5 TO: BOARD OF SUPERVISORS T. 5 FROM: yHarvey E. Bragdon (�,(y'�♦ Director of Community Development n''",�"�,'�}` a)sta DATE: August 9, 1988 CO^ SUBJECT: Hearing on Rezoning Application #2741-RZ, Bellecci & Associates . (Applicant) and Kit and Carolyn Carpenter (Owners) , to rezone 5.3 acres of land located at the southeast corner of the intersection of Live oak Avenue and Gum Tree Road in the Oakley area from General Agricultural District (A72) to Planned Unit District (P-1) . 'SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation ,prepared for this project as being adequate. 2. Approve Rezoning Application #2741-RZ; from General Agricultural District (A-2) to Planned Unit District (P-1) along with Final Development Plan #3054-87 and Subdivision 7003 with conditions of approval attached, as recommended by the East County Regional Planning Commission. 3. Adopt the East County Regional Planning Commission's findings as set forth in Resolution No. 43-1988 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 SIGNATURE: ACTION OF BOARD ON September 13 , 1988 APPROVED AS RECOMMENDED X OTHER X 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, commenting on the consistency of the request with both the 1983 and the vacated 1987 General Plan. She presented the staff recommendation for approval along with additional conditions submitted by A.D. Seeno Company including landscaping and a sound wall. The public hearing was opened and no one appeared in opposition. Supervisor Torlakson commented on the concerns expressed by residents in the area commenting that the one to three units per acre designation was appropriate in this instance providing that the conditions submitted by A.D. Seeno Company were applied. The public hearing was closed. On recommendation of Supervisor Torlakson, IT IS BY THE BOARD ORDERED that recommendations 1, 2 with amended conditions (Exhibit A attached) , 3 , and 4 are APPROVED; and as in recommendation 4, Ordinance No. 88-73 is INTRODUCED, reading waived and September 27, 1988 is set for adoption of same. VOTE CF SUPZRVISORS 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: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development ATTESTED September 13 , 1988 Bellecci & Associates PHIL BATCHELOR, CLERK OF Kit and Carolyn Carpenter THE BOARD OF SUPERVISORS Public ,Works -Tom Dudziak ANCOUNTY MINISTRATOR Oakley Fire Protection District Seeno Construction Co. BY _, DEPUTY Conditions of Approval for Rezoning 2741-RZ 1. This application is approved subject to conditions listed below. 2. Applicant shall submit full size elevations for review and approval of the Zoning Administrator prior to issuance of building permits. 3. The number of single family residential units shall not exceed 12. Lots 1 shall be relocated to lots 11 and 12 and lots 11 and 12 relocated to Lot 1. 4. Prior to the issuance of Building Permits, the! applicant shall submit a sample color and exterior materials for review and approval of the Zoning Administrator. The colors of the residences shall be of neutral color and complementary. 5. Lighted house numbers visible from a public or private roadway. are required for each residence. 6. Prior to issuance of building permits, applicant shall submit landscape plans for street setbacks, common areas and a typical frontyard, prepared. in accordance with the County's Water Conservation policies. 7. All landscaping shall be constructed or bonded prior to occupancy, and .shall be maintained by the applicant until occupancy. A 15' wide landscaped buffer strip shall be located along the eastern property adjacent to the Mello property. Evergreen trees shall be planted along with appropriate irrigation within 120 days of occupancy. 8. A minimum of three residences shall have side-entry garages. 9. Setbacks shall be varied. At least 30% of all : residences shall have the " minimum setback required by zoning plus seven feet. 10. 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 filing of the Final Map. 11. 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 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 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. n����r ;uc LN 12. 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 plans shall be operative prior to final inspection by the Building Inspection Depart- ment. 13. The applicant shall add the following to the deed of each newly created parcel : "This document should serve as notification that you have purchased land in an agricultural area where you may regularly find farm equip- ment using local roads, farm equipment causing dust, crop dusting and spraying occurring regularly, noise associated with farm equipment and aerial crop dusting, agricultural burning, . and certain animals and flies may exist on surrounding properties. This is, again, notifica- tion that his 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 pur- chase." 14. A six-foot masonry wall shall be provided along the Mello westerly property linea 15. Prior to filing of the Final Subdivision Map, the applicant shall submit CC&R's for review and approval of the Zoning Administrator. The CC&R's shall include a provision requiring that the landscaped buffer along the eastern property line be maintained by the property owners. 16. All homes along the eastern portion of the property (Lots 7, 8, 9, 10 and 11) shall be limited to one story. 17. -Comply with drainage, road improvement, traffic and utility requirements as follows: A. Prior to issuance of building permits, file the Final Map for Subdivi- sion 7003. JE/SW/df RZ10:2741-rz.coa 7/7/88 1/5/89-vpl . r, < J 'd 161-d i.;:! '.it .i r Conditions of Approval for Final Development Plan 3054-87 1. This application is approved as shown on the Final Development Plan dated received by the Community Development Department on August 20, 1987. 2. Applicant shall submit full size elevations for review and approval of the Zoning Administrator prior to issuance of building permits. 3. The number of single family residential units shall not exceed 12. Lots 1 shall be relocated to Lots 11 and 12 and Lots 11/12 relocated to Lot 1. 4. The Conditions of Approval for Rezoning 2741-RZ and Tentative Map 7003 shall apply and be fulfilled, as necessary and appropriate, prior to the filing of the Final Map or issuance of building permits for this project. 5. Prior to the issuance of Building .Permits, the applicant shall submit a sample color and exterior materials for review and approval of the Zoning Administrator. The colors of the residences shall be of neutral color and complementary. 6. Lighted house numbers visible from a public or 'private roadway are required for each residence. 7. ' Prior to issuance of building permits, applicant shall submit landscape plans for street setbacks, common areas and a typical frontyard, prepared in accordance with the County's Water Conservation policies. 8. All landscaping shall be constructed or bonded prior to occupancy, and shall be maintained by the applicant until occupancy. A 15' wide landscaped buffer strip shall be located along the eastern property adjacent to the Mello property. Evergreen trees shall be planted along with appropriate irrigation within 120 days of !occupancy. 9. A minimum of three residences shall have side-entry garages. 10. Setbacks shall be varied. At least 30% of all residences shall have the minimum setback required by zoning plus seven feet. 11. 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 filing of .the Final Map. 12. 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 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 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. 13. 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 plans shall be operative prior to final inspection by the Building Inspection Depart- ment. 14. The applicant shall add the following to the deed of each newly created parcel : "This document should serve as notification that you have purchased land in an agricultural area where you may regularly find farm equip- ment using local roads, farm equipment causing dust, crop dusting and spraying occurring regularly, noise associated with farm equipment and . aerial crop dusting, agricultural burning, and certain animals and flies may exist on surrounding properties. This is, again, notifica- tion that his 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 pur- chase. " 15. A six-foot masonry wall shall be provided along the Mello westerly property line. 16. Prior to filing of the Final Subdivision Map; the applicant shall submit CC&R's for review and approval of the Zoning Administrator. The CC&R's shall include a provision requiring that the landscaped buffer along the eastern property line shall be maintained by the property owners. 17. All homes along the .eastern portion of the property (Lots 7, 8, 9, 10 and 11) shall be limited to one story. 18. Comply with drainage, road improvement, traffic and utility requirements as follows: A. Prior to issuance of building permits, file the Final Map for Subdivi- sion 7003. JE/SW/df RZ10/3054-87.coa 7/7/88 1/5/89 Conditions of Approval for Subdivision 7003 r 1. This application is approved as shown on the Tentative Map dated July 16, 1987 as received by the Community Development Department. 2. The number of lots shall not exceed 12. Lots 1 shall be relocated to Lots 11 and 12 and Lots 11/12 relocated to Lot 1. 3. Landscaping shall be bonded or installed prior to occupancy. Landscaping shall be maintained by the applicant until occupancy. A 15' wide landscaped buffer strip shall be located along the eastern property adjacent to the Mello property. Evergreen trees shall be planted along with appropriate irrigation within 120 days of occupancy. 4. The Conditions of Approval for Rezoning 2741-RZ shall apply and be ful- filled, as necessary and appropriate, prior to the filing of the Final Map or issuance of building permits for this project. The property shall be, rezoned prior to filing the Final Map. 5. At least sixty (60) days prior to issuance of grading or building permits, and prior to filing a Final map, submit a preliminary geology, soil and foundation report for review and approval of the Planning Geologist. The report shall evaluate the potential for damaging earthquake-induced liquefaction or settlement of structures, roads, utilities or other im- provements. Improvement, grading and building plans shall implement recom- mendations of the approved report. Final Map shall cite the approved re- port. Record acknowledgement of the approved report concurrently with recordation of the Final Map. 6. 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 plans shall be operative prior to final inspection by the, Building Inspection Depart- ment. 7. The applicant shall add the following to the deed of each newly created parcel : "This document should serve as notification that you have purchased land in an agricultural area where you may regularly find farm equip- ment using local roads, .farm equipment causing dust, crop dusting and spraying occurring regularly, noise associated with farm equipment and aerial crop dusting, agricultural burning, and certain animals and flies may exist on surrounding properties. This is, again, notifica- tion that his 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 pur- chase." B. 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 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 H r` 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. 9. 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 filing of the Final Map. 10. Applicant shall comply with the Park Dedication Fee Ordinance. 11. 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 Live Oak Avenue. 2. Undergrounding of all utility distribution facilities. 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 applicant will be permitted an exception from Section 914-2.006, "Surface Water Flowing from Subdivision" , provided that he: a. Constructs the Drainage Area 29H Detention Basin #2 in the vicinity of Hagar Lane north of Gum Tree Road, purchases the basin site, and constructs on-site and off-site storm drainage improvements from the Subdivision site to Detention Basin #2. b. Provide assurance that Detention Basin #2 can and will be operated as a temporary infiltration basin. C. Install a small temporary drain line from Detention Basin #2 to the existing Drainage Area 29C detention basin near Em- pire Avenue to ensure against a permanent ponded condition. 5. Prohibiting the discharging of storm waters to roadside ditches. 6.. Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. ULod lul 7. Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. 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 include any necessary traffic signage and striping plans for review by the County Traffic Engineer. B. Annex this Subdivision to Drainage Area 290. C. Comply with the drainage fee requirements for Drainage Area 29H as adopted by the Board of Supervisors. D. All interior subdivision streets shall be dedicated to the County and constructed to County public road standards. E. Convey to the County, by Offer of Dedication, up to 3 feet of addi- tional right of way on Live Oak Avenue as required for the planned future width of 66 feet. The alignment shall be subject to the review of the Public Works Department, Road Engineering Division, and to the review and approval of the Zoning Administrator. F. Submit a preliminary sketch plan and profile, alignment study on Live Oak Avenue to the Public Works Department, Road Engineering Division, for review and to the Zoning Administrator for review and approval . The study shall extend offsite to provide adequate information on the suitability of the vertical profile for the design speed of the ulti- mate roadway. The study shall also show the road geometrics and lane configurations. G. Overlay the existing Live Oak Avenue roadway ( to approximately a 20 foot width) with a 0.15 foot overlay placed over the existing pave- ment. The overlay shall be placed with the widening of the roadway after leveling or vertical adjustment is completed. H. Construct curb, 4-foot 6-inch sidewalk (width measured from curb face) , necessary longitudinal and transverse drainage and pavement widening. on Live Oak Avenue. The face of curb shall be located 23 feet from the ultimate road centerline. The applicant shall construct adequate off-site conforms to the existing Live Oak Avenue roadway. I . Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Oakley Area of Benefit and the East/Central County Travel Cor- ridor Area of Benefit as adopted by the Board of Supervisors. J. Restrict access along Live Oak Avenue including curb returns, with the exception of the access at Gum Tree Road. K. All interior subdivision streets shall be dedicated to the County and constructed to County public road standards. iS/NW l ' L. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. M. Provide an acoustical analysis for Live' Oak Avenue noise. impacts based on horizon year traffic and ultimate road widening. Provide adequate noise mitigation acceptable to the Zoning Administrator. N. Annex this property to County Landscaping District AD 1979-3 (LL-2) . 0. Install. permanent landscaping and automatic irrigation facilities within the parkway and median areas. Submit a preliminary landscaping plan to the. Public Works Department, Road Engineering Division, for review and to the Zoning Administrator for review and approval . Fund- ing -of and maintenance of the new plantings shall be guaranteed by the developer until the expiration of the plant establishment period and until funds are available through a landscaping district. P. Verify the dedication of, or convey to the County, by Offer of Dedica- tion, 40 feet of right of way on Gum Tree Road as required for the planned future width of 60 feet. The ,dedication shall include 10 foot radii right of way returns. Q. Construct curb, 4-foot 6-inch sidewalk (width measured from curb face) , necessary longitudinal and transverse drainage, and approx:i- mately 28 feet of pavement widening on Gum Tree Road. The face of curb shall be located 10 feet from the widened right of way line. JE/SW/df rz10/7003.coa 7/7/88 1/5/89 *Note: This section isnot included in Conditions of Approval . Do you wish to add this section, if so - where? A six-foot masonry wall shall be provided along the Mello westerly property line. Prior to filing of the Final Subdivision Map, the applicant shall submit CC&R's for review and approval of the Zoning Administrator. The CC&R's shall include a provision requiring that the landscaped buffer along the eastern property line shall be maintained by the property owners. All homes along the eastern portion of the property (Lots 7, 8, 9, 10 and 11) shall be limited to one story.