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HomeMy WebLinkAboutMINUTES - 09271988 - T.5 T. 5 TO: � ;BOARD OF SUPERVISORS FROM: Harvey E. Bragdon - Contra^ . Director of Community Development Costa DATE: * September 7, 1988COJIY SUBJECT: Hearing on Rezoning Application #2732-RZ, James and Jane -Benner, Applicants and Owners, to rezone 13 acres, described as -a combination of two parcels fronting on the west side of Empire Avenue, ­200 feet north of the intersection with Laurel Road, in the Oakley area, from General Agricultural District (A-2) to Planned Unit District -(P-1) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) B BACKGROUND AND JUSTIFICATION - RECOMCMATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approve Rezoning Application #2732-RZ along with Development Plan 3045-87 and Subdivision 6980, including Conditions of Approval, 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. 48-1988 as the determination 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 Rosi-nmhpr 27,, 1 o P R APPROVED AS RECOMMENDED 1 OTHER x Jean Mesick, Community Development Department, presented the staff report and the staff recommendation to accept the environmental documentation prepared for the project, and to determine that it is adequate and to approve the rezoning request and preliminary development plan for 47 lots along with the subdivision. The public hearing was opened and the following people appeared to speak: Joe Raphael, Braddock and Logan, as applicant, requested that the Board approve the subdivision to allow for relocation of lot lines to recapture the lost lot allowing for a total of 48 lots, and discussed conditions 4A and 11A for Subdivision 6980 and expressed agreement with the conclusions reached by Thomas Duziak, Public Works Department, in a letter dated August 24, 1988; and he commented on a letter from Alan Finley, Engineering Department, to Steve Wright dated August 23, 1988 , clarifying Flood Control conditions, which he wished to be a part of the record but did not provide a copy of to the Clerk. Kathleen Mikula, 2300 Knox Lane, Oakley, commented that the project is a generally very attractive one, and that it would be esthetically inappropriate to put a chain link fence along Hagar Lane. She requested a tip up masonry fence be used. Joe Raphael spoke in rebuttal addressing the fence request commenting that' a'masonry 'fence was expensive and they would give Mrs. Mikula the cost of a chain link fence with redwood slats and possibly add a third to that and let Mrs. Mikula negotiate her own fencing. 1. Supervisor Torlakson recommended that the Zoning Administrator work out the details of the fence and the additional lot and that an adequate quality fence is needed as part of the buffer and where it should be placed could be worked out by the Zoning Administrator. He moved that the project be approved and requested the Zoning Administrator to work out the location and detail of a fence and the addition of an extra lot, with the understanding that if the matter is not resolved after review by the Zoning Administrator it will come back to the Board. Therefore, 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. 88-78 giving effect to the rezoning is INTRODUCED, reading waived and October 11, 1988 is set for adoption of same. IT IS FURTHER ORDERED that the Zoning Administrator is DIRECTED to review the fence with the understanding that if the issue is not resolved it will return to the Board for resolution. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A _X; UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAFM AND ENTERED ON THE ABSENT: ABSTAI) : MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Community Development Dept. ATTESTED Septmrber 27, 1988 James & Jane Benner PHIL BATCHELOR, CLERK OF Public works THE BOARD OF SUPERVISORS Assessor A CO MINISTRATOR Oakley Fire Protection Dist. BY v DEPUTY AV-WO 7 Conditions of Approval for Rezoning 2732-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 48. Lots 1, 2 and 3 shall be combined into two lots, however 1 lot may be relocated elsewhere in the site. 4. Prior to the issuance of Building Permits, the applicant shall submit sam- ples of colors and exterior materials for review and approval of the Zoning Administrator. 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 a typical frontyard, prepared in accordance with the County's Water Conservation policies. 7. All frontyard landscaping shall be installed prior to occupancy. Front yard landscaping shall be maintained by the applicant until occupancy. Suitable drought tolerant California native species shall be used as much as possible. 8. Frontyard landscapes shall include a minimum of one fifteen gallon street tree for each parcel , together with turf and shrubbery. 9. Setbacks shall be varied. At least 30% of all residences shall have the minimum setback required by zoning plus seven feet. Applicant shall demon- strate to the satisfaction of the County Zoning Administrator that design criteria have been included within the subdivision to generally relieve visual monotony of front yard appearances. 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 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. 12. Prior to the issuance of building permits the applicants shall submit a detailed TSM Plan for review and approval by the Zoning Administrator 2 (unless otherwise required by a TSM Ordinance) . The approved TSM plans shall be operative prior to final inspection by the Building Inspection Department. 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, together with animals and flies 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." 14. A six foot fence shall be constructed along Hager Lane with the final design and location subject to review and approval of the Zoning Administrator. Applicant shall install such fence only with access permission of said property owner if it is not located on the existing right of way, and only prior to issuance of building permits for lots 1, 2 and 3. Fence design for this and neighboring subdivisions shall be uniform. Applicant shall coordinate good neighbor type fence along south property line with developer of property to the south. 15. 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 6980. JE/SW/df RZ8:2732-rzc:je 8/2/88 Revised 8/8/88 Conditions of Approval for Final Development Plan 3045-87 1. This application is approved as shown on the Final Development Plan dated received by the Community Development Department on August 1, 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 48. Lots 1, 2 and 3 shall be combined into two lots, however one lot may be relocated elsewhere in the site. 4. The Conditions of Approval for Rezoning 2732-RZ and Tentative Map 6980 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 sam- ples of colors and exterior materials for review and approval of the Zoning Administrator. 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 a typical frontyard, prepared in accordance with the County's Water Conservation policies. Suitable drought tolerant California native .species shall be used as much as possible for landscaping. 8. All frontyard landscaping shall be installed prior to occupancy. Front yard landscaping shall be maintained by the applicant until occupancy. 9. Frontyard landscapes shall include a minimum of one fifteen gallon street tree for each parcel , together with turf and shrubbery. 10. Setbacks shall be varied. At least 300 of all residences shall have the minimum setback required by zoning plus seven feet. Applicant shall demon- strate to the satisfaction of the County Zoning Administrator that design criteria have been included within the subdivision to generally relieve visual monotony of front yard appearances. 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 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 2 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, together with animals and flies 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." 15. A six foot fence with shall be constructed along Hager Lane with the final design and location subject to review and approval of the Zoning Administrator. Applicant shall install such fence only with access permission of said property owner if it is not located on the existing right of way, and only prior to issuance of building permits for lots 1, 2 and 3. The fence design shall be submitted for final review and approval by the County Zoning Administrator. Fence design for this and neighboring subdivisions shall be uniform. Applicant shall coordinate good neighbor type fence along south property line with developer of property to the south. 16. 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 6980. B. Street names shall be shown on the Final Development Plan. JE/SW/df RZ8:3045-87c.je 8/2/88 Revised 8/8/88 r Conditions of Approval for Subdivision 6980 1. This application. is approved as shown on the Tentative Map dated August 1, 1988 as received by the Community Development Department. 2. The number of lots shall not exceed 48. Lots 1, 2 and 3 shall be combined into two lots however, one lot may be relocated elsewhere on the site. 3. Landscaping shall be installed prior to occupancy. Landscaping shall be maintained by the applicant until occupancy. Suitable drought tolerant California native species shall be used for landscaping as much as possible. 4. The Conditions of Approval for Rezoning 2732-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 thirty (30) 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, together with animals and flies 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." 8. 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 2 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. 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 dedicate one acre of land for a neighborhood park subject to Zoning Administrator review and approval . 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 a 5-foot sidewalk, approximately 28 feet of pavement widening, curbs, longitudinal and transverse drainage, and a half-median island (including surface treatment) along the front- age of Empire Avenue. The outside face of curb shall be 15 feet and the median curb shall be located 43 feet from the widened right of way line. The median and pavement widening shall be assured under a bonded road improvement agreement requiring construction with adjacent road development. the road improvements shall be subject to the review and approval of the Zoning Administrator. The applicant shall also be required to: a. Remove and replace any existing pavement located west of the existing centerline. b. Construct a temporary asphalt concrete berm at the ex- isting Empire Avenue road centerline (55 feet from the proposed right of way) to delineate the temporary edge of median. C. Widen the easterly side of the Empire Avenue roadway to a 12 foot width with a reduced structural section ac- ceptable to the Public Works Department, Road Engineer- ing Division, to serve northbound traffic. d. Provide transitions to the existing roadway to the north and south acceptable to the Public Works Depart- ment, Road Engineering Division. ' r 3 e. Construct the proposed sidewalk as a meandering side- walk located at least 2 feet from the curb face subject to the review and approval of the Zoning Administrator. 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. Since this property is located in Drainage Areas 29C and 29H the applicant would be required to convey the stormwater runoff with- out diversion to separate acceptable drainage facilities in each of these drainage areas. The applicant shall be permitted to divert stormwater run-off in the following manner if a 5 acre park is assured (by Tentative Map on property to the north) and to be located on this property and the property to the north: a. Temporarily divert stormwater run-off from a portion of this property approximately west of the property line between A Court and B Court (exact location of line of diversion sub- ject to review of the Public Works Department, Flood Control Engineering Division, and the review and approval of the Zoning Administrator) to Drainage Area 29C provided that: the applicant provides both temporary and permanent drainage facilities; the applicant conveys to the County of Contra Costa, by Grant Deed, the future "development rights" over Lots 1 through 4 until adequate onsite road and permanent drainage facilities have been provided; and, the applicant does not construct the roadway or other impervious surfaces over, or along the frontage of, Lots 1 through 4 until per- manent drainage facilities are constructed. b. Permanently divert stormwater run-off from the area between the existing Drainage Area 29C boundary and the portion of this property proposed to be temporarily diverted to Drainage Area 29C. 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 4 shall include any necessary traffic signage and striping plans for review by the County Traffic Engineer. 8. Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 9. Prohibits discharging storm waters into the Contra Costa Canal or any other water conveyance or impounding facility for domestic water consumption. B. Convey to the County, by Offer of Dedication, 32.5 feet of additional right of way on Empire Avenue as required for the planned future half-width of 55 feet. C. Relinquish abutter's rights of access along Empire Avenue and along all curb returns within the subdivision. Temporary access to Empire Avenue will be permitted through Lot 48, under an encroachment permit from the Public Works Department, Engineering Services Division, until permanent paved access is available through the property to the north. D. All interior subdivision streets shall be dedicated to the County and constructed to County public road standards. E. 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. F. 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. G. Comply with the drainage fee requirements for Drainage Area 29C and Drainage Area 29H as adopted by the Board of Supervisors subject to the review of the Public Works Department, Flood Control Engineering Division, and the review and approval of the Zoning Administrator. H. Annex this property to Drainage Area 290. I. Provide an acoustical analysis for Empire Avenue noise impacts based on horizon year traffic and ultimate road widening. Provide adequate noise mitigation acceptable to the Zoning Administrator. J. Annex this property to County Landscaping District AD 1979-3 (LL-2) . K. Install permanent landscaping and automatic irrigation facilities within the parkway and median areas and install interim landscaping features within the future road areas, if any. L. A deed notification shall be required on all lots along Hagar Lane, Richard Way and "D" Street informing the potential buyers that through r 5 r traffic can be expected in the future on the respective street when the street is extended. M: Post a notice at the temporary dead end portions of Hagar Lane, Rich- ard Lane and "D" Street which reads as follows: Notice: This street to be extended in the future. N. Both "D" Street and Hagar Lane shall be constructed as 28 foot road- ways within 40 foot access easements which can reasonably be widened to 36 foot roadways within 56 foot rights of way in the future with adjacent development. Frontage Improvements along the portions of "D" Street and Hagar Lane which are located along the frontage of Lots 1 through 6 shall be assured through a bonded Road Improvement Agree- ment. The curb face shall be located 10 feet from the widened right of way line. JE/SW/df rz8:sub6980c.je 8/2/88 Revised 8/8/88