HomeMy WebLinkAboutMINUTES - 09271988 - T.7 T. 7
TO: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon Contra
Director of Community Development
0=a
DATE: September 7, 1988 _ �u y
SUBJECT: Hearing on Rezoning Application #2749-RZ, Kinney and Associates
(Applicant) and Philip and Joan Myers (Owners) , to rezone 2. 85 acres
located approximately 1,000 feet west of State Highway 4, 100 feet
south of Almondtree Lane and 100 feet east of Mellowood Drive, 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 #2749-RZ along with Development
Plan 3067-87 and Subdivision 7028, including Conditions of
Approval, as recommended by the East County Regional Planning
Commission, (Exhibit A Attached) .
3 . Adopt the East County Regional Planning Commission' s findings
as set forth in Resolution No. 49-1988 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
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAtIOR OF BOIRD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON September 27, 1988 APPROVED AS RECOMMENDED X OTHER
This being the time heretofore noticed by the Clerk of the _Board of S_upervisorS-
_. _for hearing on the -ove ratter, Uie 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. 88-80 is INTRODUCED, reading waived and October 11, 1988 is
set for adoption of same.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X 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
Kinney and Assoc. PHIL BATCHELOR, CLERK OF
Philip and Joan Myers THE BOARD OF SUPERVISORS
Public Works AN COUNTY ADMINISTRATOR
Assessor
Oakley Fire Protection Dist. BY (1d , DEPUTY
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Conditions of Approval for Rezoning 2749-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 9.
4. 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.
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. Suitable
drought tolerant California native species shall be used as much as
possible.
7. All landscaping shall be constructed or bonded prior to occupancy, and
shall be maintained by the applicant until occupancy.
8. A minimum of two residences shall have side-entry garages, not including
existing residence.
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. The applicant
may apply for an exemption from this requirement since less than 30 units
are proposed.
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.
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
2
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, 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. 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 7028.
JE/SW/df
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7/28/88
Revised 8/8/88
Conditions of Approval for Final Development Plan 3067-87
1. This application is approved as shown on the Final Development Plan dated
received by the Community Development Department on September 11, 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 9.
4. The Conditions of Approval for Rezoning 2749-RZ and Tentative Map 7028
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 street setbacks, common areas and 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 landscaping shall be constructed or bonded prior to occupancy, and
shall be maintained by the applicant until occupancy.
9. A minimum of two residences shall have side-entry garages, not. including
existing residence.
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. The applicant
may apply for an exemption from this requirement since less than 30 units
are proposed.
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
LF� �ilf( al� Q
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. 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 7028.
JE/SW/df
RZ8:3067-87c:je
7/28/88
Revised 8/8/88
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Conditions of Approval for Subdivision 7028
1. This application is approved as shown on the Tentative Map dated September
11, 1987 as received by the Community Development Department.
2. The number of lots shall not exceed 9.
3. Landscaping shall be bonded or installed prior to occupancy. Landscaping
shall be maintained by the applicant until occupancy. Suitable drought
tolerant California native species shall be used as much as possible.
4. The Conditions of Approval for Rezoning 2749-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
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
2
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. The applicant
may apply for an exemption of this requirement since less than 30 units are
proposed.
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. Undergrounding of all utility distribution facilities. An excep-
tion to this requirement is recommended for the existing house on
Lot 9.
2. 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. The nearest drainage facility is
located between lots 98 and 99 in Subdivision 6356 to the north.
Its adequacy must be verified prior to being allowed to discharge
run-off to it.
3. Prohibiting the discharging of storm waters to roadside ditches.
4. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
5. 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.
B. Convey to the County, by Offer of Dedication, approximately 30 feet of
right of way along the southerly line of this property as required for
the planned future width of 60 feet. The 30 foot width shall be mea-
sured from the centerline of the Clearwood Drive right of way to the
west. The centerline of the right of way may be realigned to the
south property line in a manner
LIKE D U �,
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3
acceptable to the Public Works Department, Road Engineering Division,
subject to the review and approval of the Zoning Administrator.
C. Construct curb, 4-foot 6-inch sidewalk (width measured from curb
face) , necessary longitudinal and transverse drainage, and approxi-
mately 20 feet of pavement widening Clearwood Drive. The face of curb
shall be located 20 feet from the proposed centerline of Clearwood
Drive conforming with the existing curb to the west through smooth
curves acceptable to the Public Works Department subject to the review
and approval of the Zoning Administrator.
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, that legal access to each lot in this Subdivision is avail-
able from the County maintained portion of Clearwood Drive.
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. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
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 . Comply with the drainage fee requirements for Drainage Area 30A as
adopted by the Board of Supervisors.
J. The applicant shall have the property owner make a formal request in
writing to the County for annexation of this project to Drainage Area
300 for the maintenance and operation of the Drainage Area 30 drainage
facilities.
K. The applicant shall file a request for annexation to AD 1979-3 (LL-2) .
JE/SW/df
rz8:sub7028c.je
7/28/88
Revised 8/8/88