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HomeMy WebLinkAboutMINUTES - 07311990 - H.9 r ' 9 J. H. 9 }'_Ar Contra TO: BOARD OF SUPERVISORS _ m Costa FROM: Harvey E. Bragdon County Director of Community Development °>�-- DATE: July 2, 1990 SUBJECT: Hearing on Rezoning Application #2858-RZ to rezone approximately 49.9 acres of land from General Agricultural District (A-2) to Planned Uni . District (P-1) , fronting for 1, 143 feet on the west side of Empire Avenue, approximately 880 feet south of Oakley Road, in the Oakley area, filed by Morrison Homes, (Applicant) and Ralph, Emily and Roy Lucchesi (Owners) (APN 041-100-019, 041-110-005 and 041-110-018 through 023) . 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 #2858-RZ, along with Development Plan #3026-89 and Subdivision 7385 with attached conditions, 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. 34-1990, 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 RECOMNIENDATI OF ArRD COMMITTE APPROVE OTHER' SIGNATURE(S) : ACTION OF BOARD ON July 31, 1990 APPROVED AS RECOMMENDED X OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the above matter. No one appearing to speak in opposition, the public hearing was closed. IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3, and 4 are APPROVED; and as in recommendation 4, Ordinance No. 90-60 is INTRODUCED, reading waived, and August 7, 1990 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 July 31, 1990 Morrison Homes PHIL BATCHELOR, CLERK OF Ralph, Emily & Roy Lucchesi THE BOARD OF SUPERVISORS Public Works-Joan Rushton A COUNTLDMINISTRATOR Assessor Oakley Fire Protection District BY DEPUTY CONDITIONS OF APPROVAL FOR REZONING 2858-RZ 1. This application is approved subject to conditions listed below. 2. Applicant shall submit typical elevations for review and approval of the Zoning Administrator prior to issuance of building permits. This shall include proposed building colors. 3. The total number of Single Family residential units shall not exceed 159. Subject to an amendment to the final development plan, second units may be approved on a lot as per the requirements outlined in the County Ordinance. 4. Lighted house numbers visible from a public or private roadway are required for each residence. 5. Prior to issuance of building permits, applicant shall submit landscape plans for a typical frontyard prepared in acccordance with the County's Water Conservation policies. 6. All frontyard landscaping shall be bonded or installed prior to occupancy. Frontyard landscaping shall be maintained by the applicant until occupancy. Suitable drought tolerant California native species shall be used as much as possible. 7. Frontyard landscapes shall include a minimum of one 15-gallon street tree for each parcel, together with groundcovers and shrubbery. Corner lots shall have at least two 15-gallon street trees. 8. The park shall have at least 70 feet of frontage on the proposed "C" Street. 9. Setbacks of residential units shall be varied between 15 and 25 feet. All garages shall have a setback of at least 20 feet if they face directly on to a street. Applicant shall demonstrate to the satisfaction of the County Zoning Administrator that design criteria have been included within the subdivision to generally relive visual monotony of frontyard appearances. 10. Sewage disposal serving the properties concerned in this application shall be provided by the Oakley 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 Oakley Sanitary District's. sewage collection system. 11. Water supply serving the properties concerned shall be by the Oakley Water District. Each individual living unit shall be served by a separate water connection. Such water distribution system located within the boundaries of the properties concerned in this application shall become an integral part of the Oakley Water District's overall water distribution system. 12. The perimeter of the site shall be fenced with solid wood fencing, 6 feet 2 tall and designed to stand up in the. site's sandy soil. The developments frontage on Empire Avenue shall be properly fenced with a soundwall and landscaped according to the Oakley Landscape Guidelines. AB/df sub17:2858-rzc.ab 6/4/90 CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3026-89 AND SUBDIVISION 7385 1. This application is approved generally as shown on the revised plans and tentative map dated received May 14, 1990, as received by the Community Development Department, and subject to Conditions listed below. Approval is contingent upon approval of concurrent rezoning application 2858-RZ. 2. The number of single family residential units shall not exceed 159. 3. Should archaeological materials be uncovered during grading, trenching or other on-site excavation(s) , earthwork within 30 yards 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 Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s) , if deemed necessary. 4. Applicant shall submit full size elevations for review and approval of the Zoning Administrator prior to issuance of building permits. 5. The number of single family residential units shall not exceed 159. Subject to an amendment to the final development plan, second units may be approved as per the requirements outlined in the County Ordinance on second units. 6. 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. 7. Lighted house numbers visible from a public or private roadway are required for each residence. 8. Prior to issuance of building permits, applicant shall submit landscape plans for a typical frontyard prepared in accordance with the County's Wa- ter Conservation policies and the Oakley Landscape Guidelines. 9. All frontyard landscaping shall be bonded or installed prior to occupancy. Frontyard landscaping shall be maintained by the applicant until occupancy. Suitable drought tolerant California native species shall be used as much as possible. 10. Frontyard landscapes shall include a minimum of one 15-gallon street tree along each street frontage, together with ground covers and shrubbery. 11. With the filing of the. Final Map, Covenants, Conditions and Restrictions (CC&R's) shall be submitted for review by the Community Development De- partment. 12. The perimeter of the site shall be fenced with a 6' tall solid wood fence with cement pilasters or other suitable material (to hold the fence in the 2 sandy soil) subject to Zoning Administrator review and approval. The required fencing shall be installed prior to issuance of building permits on the site. The joint use facility will be fenced with a fence acceptable to the Public Works Department. The northerly property line of the joint use facility shall be fenced with a cyclone fence with wood slats should cyclone fencing be required by the Public Works Department. 13.. Improvement, grading and building plans shall carry out the recommendations of the geotechnical report of Harding Lawson Associates dated June 29, 1989. 14. Concurrently with recordation of the Final Map, record a statement to run with deeds to each new parcel acknowledging the geotechnical report by ti- tle, author (firm) , and date calling attention to recommendations, and noting that the report is on file for public review in the Community De- velopment Department of Contra Costa County. 15. Prior to issuance of Building Permits on parcels of this subdivision, sub- mit an as-graded report with a map showing surface soil units exposed dur- ing grading and final grades as surveyed by a licensed land surveyor or civil engineer. 16. Street names shall be acceptable to the Community Development Department and the Oakley Fire District. 17. 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. 18. 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 plan shall be operative prior to final inspection by the Building Inspection Depart- ment. 19. Provision of a Child Care Facility or program is required for the develop- ment. The program shall be submitted for final review and approval of the Zoning Administrator prior to the filing of the Final Map. 20. 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 equipment using lo- cal roads, farm equipment causing dust, crop dusting and spraying occurring regularly, noise associated with farm equipment and aerial crop dusting, 3 agricultural burning, together with animals and flies on surrounding prop- erties. 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." 21. Noise generating construction activities shall be limited to the hours of 7:30 a.m. to 6:00 p.m. , Monday through Friday, and shall be prohibited on state and Federal holidays. The restrictions on allowed working days may be modified on prior written approval by the Zoning Administrator. Failure to comply with this condition could lead to stop work orders for this project. 22. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condi- tion, and to locate stationary noise-generating equipment such as air com- pressors and concrete pumpers as far away from existing residences as pos- sible. Failure to comply with this condition could lead to stop work or- ders for this project. 23. A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator following review by the Building In- spection Department. Dust shall be kept down by watering which shall be accomplished by a watering truck on site or from hydrants on site. Failure to comply with this condition could lead to stop work orders for this project. A temporary fence to prevent sand blowing off the site shall be erected. as needed during grading operations and while bare land is exposed. 24. Where a lot is located within 300 feet of a high voltage electric trans- mission line the applicant shall record the following notice: The subject property may be located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potential adverse health effects caused by the exposure to a magnetic field generated by high voltage lines. Al- though much more research is needed before the question of whether magnetic fields actually cause adverse health effects can be resolved, the basis for such an hypothesis is established. At this time no risk assessments have been made. 25. The developer shall offer a cash payment for neighbors to the north and west to purchase trees along the neighbors eastern or southern property lines. Trees costs shall be determined by using medium priced 15 gallon trees as a cost basis and that enough such trees would be purchased to plant a row of trees on 35 foot centers. 26. 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 4 Ordinance (Title 9) . Any exceptions therefrom must be specifically listed in this conditional approval statement. Conformance with the Ordinance includes the following requirements: 1. Constructing road improvements along the frontage of Empire Ave- nue. Constructing pavement widening, necessary longitudinal and transverse drainage, a five foot meandering sidewalk and border landscaping along the frontage with suitable conforms and tran- sitions will satisfy this requirement. The face of curb shall be installed 15 feet from the widened right of way line. When wid- ening the pavement, the existing pavement shall be cut to a neat line along an existing adequate structural section. The widening shall commence at that line. An exploratory trench or pothole may be required to determine the limits of pavement widening. 2. Installing street lights and annexing the property to County Service Area L-100 for maintenance of the street lights. The final number and location of the lights shall be determined by the County Traffic Engineer. 3. Undergrounding of all utility distribution facilities. 4. Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility which conveys the storm waters to a natural watercourse. This will require the installation of Line E of the Drainage Area 29C Plan, the onsite construction of Basin No. 2 of the Drainage Area 29H Plan, and the installation of Line B-3, Line B and Line A of the Drainage Area 29H Plan, or alternative drainage improvements subject to review and approval of the Flood Control District. The drainage system shall reflect the correct watershed areas draining into Drainage Area 29C and 29H. 5. Designing and constructing storm drainage facilities required by the Ordinance in compliance with specifications outlined in Di- vision 914 of the Ordinance and in compliance with design stan- dards of the Public Works Department. 6.. Verifying that all finished floor elevations are above the 100- year flood elevation. 7. Submitting improvement plans prepared by a registered civil en- gineer, 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. Prior to submittal of the improvement plans, submit a sketch plan of the Empire Avenue improvements including profile, signing, striping and transition details. 5 8. Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 9. Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. B. Convey to the County, by Offer of Dedication, additional right of way on Empire Avenue as required for the planned future half-width of 55 feet along frontage side of the road, as shown on the Vesting Tenta- tive Map. C. Contribute to the Oakley Area of Benefit Fee Trust the cost of con- structing and landscaping a half-width median along the Empire Avenue frontage. D. Analyze and mitigate roadway noise based an horizon year traffic and on ultimate road widening as conditioned above. E. Construct the onsite road system to County public road standards as shown on .the Vesting Tentative Map. F. Convey to the County, by Offer of Dedication, right of way for the onsite road system as shown on the Tentative Map. G.. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. H. Relinquish abutter's rights of access along Empire Avenue with the exception of the entrance road. I.. 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 per- manent, road and drainage improvements. If, after good faith negoti- ations, the applicant is unable to acquire necessary rights of way and easements, he shall enter into an agreement with the County to com- plete the necessary improvements at such time as the County acquires the necessary interests in accordance with Section 66462 and 66462.5 of the Subdivision Map Act. J. Apply to the Public Works Department for annexation to County Land- scaping District AD 1979-3 (LL-2) for the future maintenance of land- scaping and irrigation facilities in median islands, parkways and other areas ("open space" is specifically excluded.. 6 ADVISORY NOTES The following statements are not Conditions of Approval, however, the developer should be aware of them prior to requesting building permits. A. Building Inspection Department: 1) Soil report required. 2) Grading permit required. Due to the location of nearby homes, grading shall be restricted to 7:30 a.m. to 6 p.m. Monday to Friday, excluding holidays. Dust shall be controlled. 3) Lighted house numbers visable to the street are required. B. Comply with the requirements of the Oakley Fire District as outlined in their letter dated October 16, 1989. C. Oakley Sanitary District: 1) All construction to comply with the conditions and specifications of the Oakley Sanitary District. 2) Payment of all applicable fees as required by Ordinance. 3) Annexation to the Oakley Sanitary District if not within the district boundary. Oakley Sanitary District in is the process of annexing the area. 4) Sewer service is required per Oakley Sanitary District Ordinance. Property is within 150 feet of existing sewer. 5) Trunk line extension may be required. D. Public Works Department: 1) A portion of the project lies within the 100-year flood boundary as designated on the Federal Emergency Agency Flood Rate Maps. The ap- plicant should be aware of the requirements of the Federal Flood in- surance Program and the County Flood Plain Management Ordinance (Or- dinance No. 87-65) as they pertain to future construction of any structures on this property. 2) This project may be subject to the requirements of the Department of Fish & Game. The applicant should notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. 3) The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Oakley Area of Benefit and the East/Central County Travel Corridor Area of Benefit as adopted by the Board of Supervisors. 7 4) The applicant will be required to comply with the drainage fee re- quirements for Drainage Areas 29C and 29H as adopted by the Board of Supervisors. Certain improvements required by the Conditions of Approval for this development or the County Subdivision Ordinance Code may be eligible for credit or reimbursement against said fee. The developer should contact the Public Works Department to personally determine the extent of any credit or reimbursement for which he might be eligible. E. Comply with the requirements of the Park Dedication Ordinance. AB/GA/df subl7:sub7385c.ab 6/4/90 Revised 6/11/90