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HomeMy WebLinkAboutMINUTES - 09271988 - T.6 T. 6 TO: - `B6AR.p OF SUPERVISORS FROM: Harvey E. Bragdon Contra Director of Community Development Costa DATE: September 7, 1988 Co, „„�, , SUBJECT: Hearing on Rezoning Application #2731-RZ, Joe L. and Mary Cunha, Applicants and Owners, to rezone a 10 acre parcel fronting 330 feet on the west side of Empire Avenue, approximately 700 feet -south of Cypress Road, in the Oakley area, from General Agricultural District (A-2) 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 #2731-RZ along with Development Plan 3044-87 and Subdivision 6867, 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. 47-1988 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 SIGMAi ACTION OF BOARD ON Sepite er 88 APPROVED AS RECOMMENDED sx OTHER Jean Mesick, Community Development Department, presented the staff report and recommendation for acceptance of the environmental documentation prepared for this project as adequate and approval of the rezoning, development plan and subdivision for forty lots. The public hearing was opened and the following person appeared to speak: Joe Raphael, Braddock and Logan, commended the staff for their excellent work on this project, and requested that the lot line between lot 16 and lot 17 be removed and the structure that is there be retained for the Cunha family and curb and gutter will also be provided for them. A representative of the Cunha family in the audience indicated that this was agreeable to them. Supervisor Torlakson commended Braddock and Logan for their efforts on this project. On recommendation of Supervisor Torlakson, IT IS BY THE BOARD ORDERED that recommendation 1, 2 with amended conditions (Exhibit A Attached) , 3, and 4 are APPROVED; and as in recommendation 4, Ordinance No. 88-79 is INTRODUCED, reading waived and October 11, 1988 is set for adoption of same. MOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A K UNANIMOUS (ABSENT ) 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 September 27, 1988 Joe & Mary Cunha PHIL BATCHELOR, CLERK OF Public Works THE BOARD OF SUPERVISORS Assessor AT COUNADMINISTRATOR Oakley Fire Protection District BY DEPUTY t Conditions of Approval for Rezoning 2731-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 buiiaing permits. 3. The number of single family residential units shall not exceed 40. Final Map shall show the combining of lots 16 & 17. The remaining lots in this area shall be uniformly widened. 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. 8. Frontyard landscapes shall include a minimum of one fifteen gallon street tree for each parcel , together with turf and shrubbery. Suitable drought tolerant California native species shall be used as much as possible. 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 cyclone fence with wood slats shall be constructed along the north property line of the site. 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 develop- er 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 6867. JE/SW/df RZ8:2731-rzc:je 8/2/88 Revised 8/8/88 r Conditions of Approval for Final Development Plan 3044-87 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 40. Final Map shall show subtraction the combining of lots 16 & 17. 4. The Conditions of Approval for Rezoning 2731-RZ and Tentative Map 6867 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 samples 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 will turf and shrubbery. 10. Setbacks shall be varied. At least 30% of all residences shall have the minimum setback required by zoning plus seven feet. Applicant shall demonstrate 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 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 2 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 (unless otherwise required by a TSM Ordinance) . The approved TSM plans shall be operative prior to final inspection by the Building Inspection Department. 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 cyclone fence with wood slats shall be constructed along the north property line of the site. The fence design shall be submitted for final review and approval by the County Zoning Administrator. Fence design for this an& 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 6867. B. Street names shall be shown on the Final Development Plan. JE/SW/df RZ8:3044-87c.je 8/2/88 Revised 8/8/88 C�,IFI Conditions of Approval for Subdivision 6867 1. This application is approved as shown on the Tentative Map dated August 1, 1988 as received by the Community Development Department, except that Final Map shall show subtraction of one lot between lots 24 and 38. 2. The number of lots shall not exceed 40. Final Map shall show the combining of lots 16 & 17. 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 2731-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 2 r 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. 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 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. 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. 3 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 nearest drainage facility is Drainage Area 29C Line CL which is located in Subdivision 6656 on the west side of Empire Avenue opposite the proposed Subdivision. Its adequacy must be verified prior to being allowed to discharge run-off to it. 51 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. 8. Submitting improvement plans prepared by a registered civil engi- neer, 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. 9. Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 10. Prohibits discharging storm waters into the Contra Costa Canal or any other water conveyance or impounding facility for domestic water consumption. B. Extend. the westerly portion of Cunha Drive southerly to serve Lot 41 as at least a 28-foot road within a 40-foot right of way to County collector road standards. Extend the road so that it can easily be widened to its 36-foot proposed width within the 56-foot proposed right of way. C. 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. D. 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 21, under an encroachment permit 4 from the Public Works Department, Engineering Services Division, until permanent paved access is available through the property to the north. E. All interior subdivision streets shall be dedicated to the County and constructed to County public road standards. F. 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. G. 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. H. Comply with the drainage fee requirements for Drainage Area 29C as adopted by the Board of Supervisors. I. Annex this property to Drainage Area 290. J. 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. K. Annex this property to County Landscaping District AD 1979-3 (LL-2) . L. Obtain a Flood Plain 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 at least 1 foot of freeboard. M. 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. t N. A deed notification shall be required on all homes along this portion of Cunha Drive informing the potential buyers that through traffic can be expected in the future when the street is extended. 0. Post a notice on the temporary dead end portion of Cunha Drive which reads as follows: Notice: This street to be extended in the future. JE/SW/df rz8:sub6867c.je (3/2/88 Revised 8/8/88