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HomeMy WebLinkAboutMINUTES - 09251990 - 2.5 x0 00ARj, OF. �iJPERVISORS �tra 2 . 5 FROM: • Harvey E. Bragdon, Director of Community Development COOLM DATE: July 27, 1990 SUBJECT: REZONING - The Desco Group(A) - Clara Kann, et al (0) , 2886-RZ, requesting approval to rezone approximately. 2 acres of land from Single Family Residential District (R-15) to Planned Unit District (P-1) ; property being two contiguous parcels, one abutting Bancroft Road southwesterly at St. Louis Road and one abutting Mayhew Road at the intersection of Las Juntas Way - Walnut Creek/Concord area. (Parcel #148-300-004) - (S.D. IV) SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being complete and adequate. 2. Approve Rezoning Application 2886-90, along with Development Plan #3006-90 and Subdivision #7490, with attached conditions, as recommended by the County Planning Commission. 3. Adopt the County Planning Commission' s findings as set forth in Resolution No. 41-1990, as the determination for these actions. 4. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set forth a date for adoption of s e. CONTINUED ON ATTACHMENT: YES SIGMA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEMAOMN OF WAIJ COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Sa=tembpr 25,, 1990 APPROVED AS RECOMMENDED X OTS On September 11 , 1990, the Board of Supervisors deferred to this date the decision on the recommendation of the Contra Costa County Planning Commission on -the application filed by the DESCO Group (applicant) and Clara Kann, et al, (owners) to rezone land from Single Family Residential District (R-15) to Planned Unit District (P-1) ( 2886-RZ) ; and request for approval of Final Development Plan 3006-90 for a 20-unit townhome project; and a tentative subdivision map ( Subdivision 7490 ) to subdivide 2.0 acres of land into 20 parcels in the Walnut Creek/Concord area. Mary Fleming, Community Development Department, commented on the revised conditions before the Board for consideration today, and she addressed concerns including fencing, the Bancroft Road extension, and the trees. Supervisor McPeak commented on the reasonable compromise that had been worked out and being able to do as much mitigation as physically possible with the help of the neighbors. Supervisor McPeak moved approval. 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. 90-84 is INTRODUCED, reading waived, and October 2, 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 DD�ESCO Group SUPERVISORS ON THE DATE SHOWN. 1CC: Comnuni�y rbevelopment Dept. ATS ' September 25, 1990 County Counsel PHIL BATCHELOR, CLERK OF Public Works-Steve Wright THE BOARD OF SUPERVISORS Assessor CO ADMINISTRATOR Contra Costa Co. Fire Prot. Dist. o BY , DEPUTY CONDITIONS OF APPROVAL FOR REZONING 2886-RZ AND FINAL DEVELOPMENT PLAN 3006-90 1 . These development plans are approved as shown on the plans dated received March 9, 1990 except as modified by the following conditions. The project is approved for 20 units. 2. Prior to the issuance of building permits, a landscape plan shall be submitted for the review and approval of the Zoning Administrator. The landscape plan shall include: A. The size, species and location of plantings in all open space,common and patio areas. B. Installation of 20 15-gallon size street trees. C. The landscape plan shall be prepared in conformance with Contra Costa County Water Conservation policies. D. Details of the size and location of any fences. 3. The exterior colors and materials of the townhomes shall be changed to be more compatible with the adjoining development (darker wood tones). A color board shall be prepared for review and approval of the Zoning Administrator indicating the proposed finishes, trims and paints to be used on the exterior of the buildings. Roof materials shall be limited to fire- resistant tile or other fire-resistant materials. 4. A sign plan shall be submitted to the County Development Department, Graphics Division, for review and approval indicating entry signs and individual street numbers. 5. At least 30 days prior to filing of the final map, the applicant shall submit three possible street names for the private access road and numbers for review and approval by the Community Development Department, Graphics Division. 6. Provisions in the CC & Rs shall be made for a Homeowner's Association to be responsible for the maintenance and repair of the common area, access road and swimming pool area. 7. 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. 1 EENDJ NY W 8. The approval of the development plan and rezoning shall be for three years. Any extensions granted for filing of the Final Map shall also be granted for the development plan and rezoning. 9. All residential structures shall be equipped with interior sprinkler systems to aid fire suppression. 10. Noise generating construction activities will be limited to the hours of 7:30 A.M., to 5:00 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 of the County Zoning Administator. 1 1 . The following requirements pertaining to drainage, road and utility im- provements will require the review and approval of Public Works Dept. 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. Conformance with the Ordinance includes the following requirements: 1) Constructing road improvements along the frontage of Mayhew Way and Bancroft Avenue. This requirement will be satisfied as follows: a. Construct curb, 4-foot 6-inch sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, and necessary pavement widening along the frontage of Mayhew Way. The face of the curb shall be 20 feet from the centerline of the road. b. Contribute a dollar amount based on an estimate prepared by a registered Civil Engineer to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements to the Bancroft Avenue frontage consisting of construction of curb, 4-foot 6-inch sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, and necessary pavement widening along the frontage. The face of the curb shall be 32 feet from the centerline of the road. The estimate, upon which the dollar amount is based, shall be subject to the review and approval of the Public Works Department and shall include a surcharge to cover the cost of engineering and inspection. 2 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) Constructing a paved turnaround at the end of the proposed private road subject to the review and approval of the Public Works Department. 4) Undergrounding of all utility distribution facilities. 5) 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. 6) Designing and constructing storm drainage facilities required by the Ordinance in compliance with specifications outlined in Division 914 of the Ordinance and in compliance with design standards of the Public Works Department. 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 shall include any necessary traffic signage and striping plans for review by the County Traffic Engineer. The applicant shall, on the improvement plans, show the signing and striping that exists on Mayhew Way for a distance of at least 300 feet on each side of the access road. 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 Bancroft Avenue as required for the planned future width of 84 feet. C. Convey to the County, by Offer of Dedication, additional right of way on Mayhew Way as required for the planned future width of 60 feet. D. Relinquish abutter's rights of access along Bancroft Avenue. 3 E. Construct the on-site road as shown on the Vesting Tentative Map to County private road standards. The road shall be aligned with Las Juntas Way. 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 permanent, road and drainage improvements. G. Prior to occupancy, contribute $212.85 per residential unit to a Fee Trust designated for Regional Traffic mitigation. 12. Demolition, grading and construction equipment access will be limited to the Mayhew Way frontage. 13. Prior to issuance of any demolition permits, a temporary chain link fence will be erected around the trees to be preserved fronting Bancroft Road. The fence will be approved by the Contra Costa,County Community Development Department prior to issuance of any demolition permits. 14. Provide an eight (8) foot high.redwood, "ship-lap" pattern wood fence along the new property line fronting Bancroft Road. ADVISORY NOTES A. On April 10, 1984, the Board of Supervisors approved an amendment to the Pleasant Hill BART Station Specific Plan which in effect provides for a means to levy fees to pay for drainage, road and transit improvements to be paid by developments, such as this one, which are in the area surrounding the Specific Plan Area. This fee for residential units is currently $2,300 per unit. The fee is adjusted annually in accordance with the California Department of Transportation Summary-Highway Construction Cost Index. 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. B. The applicant/owner shall be aware of the renewing requirements prior to recording the Final Map or requesting building or grading permits. C. Applicant shall comply with the Park Dedication Fee Ordinance. 4 D. Comply with the requirements of the Contra Costa Sanitary District (see attached). E. Comply with requirements of the Contra Costa County Consolidated Fire Protection District (see attached). F. Comply with the requirements of the Health Services Department, Environmental Health Division. G. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. H. Comply with requirements of the Contra Costa Water District (see attached). I. Comply .with the requirements of the BridgelThoroughfare Fee ordinance for the Countywide Area of Benefit as adopted by the Board of Supervisors. ME/aa/jn RZXIII/2886-RZC.ME 7/3/90 7/10/90-P/C Rev.M 9/25/90-BOS Rev. 5 CONDITIONS OF APPROVAL FOR SUBDIVISION 7490 1 . This subdivision tentative map is approved as shown on the vesting tentative map dated as received by the Community Development Department on March 9, 1990. 2. This subdivision is approved contingent on approval of the rezoning request (2886-RZ) from R-15 to P-1 . 3. Prior to recording the final map or issuance of Building Inspection. Department permits, submit a preliminary geotechnical report for review and approval of the Community Development Department. Allow 45 days for review. 4. The applicant shall submit landscape plans as required in Development Plan 3008-90 for review and approval of the Zoning Administrator. These plans shall conform to Contra Costa County Water Conservation policies. 5. 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. 6. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: 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. Conformance with the Ordinance includes the following requirements: 1) Constructing road improvements along the frontage of Mayhew Way and Bancroft Avenue. This requirement will be satisfied as follows: a. Construct curb, 4-foot 6-inch sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, and necessary pavement widening along the frontage of Mayhew Way. The face of the curb shall be.20 feet•from the centerline of the road. 1 b. Contribute a dollar amount based on an estimate prepared by a registered Civil Engineer to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements to the Bancroft Avenue frontage consisting of construction of curb, 4-foot 6-inch sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, and necessary pavement widening along the frontage. The face of the curb shall .be 32 feet from the centerline of the road. The estimate, upon which the dollar amount is based, shall be subject to the review and approval of the Public Works Department and shall include a surcharge to cover the cost of engineering and inspection. 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) Constructing a paved turnaround at the end of the proposed private road subject to the review and approval of the Public Works Department. 4) Undergrounding of all utility distribution facilities. 5) 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. 6) Designing and constructing storm drainage facilities required by the Ordinance in compliance with specifications outlined in Division 914 of the Ordinance and in compliance with design standards of the Public Works Department. 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 shall include any necessary traffic signage and striping plans for review by the County Traffic Engineer. The applicant shall, on the improvement plans, show the signing and striping that exists on Mayhew Way for a distance of at least 300 feet on each side of the access road. 8) Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 2 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 Bancroft Avenue as required for the planned future width of 84 feet. C. Convey to the County, by Offer of Dedication, additional right of way on Mayhew Way as required for the planned future width of 60 feet. D. Relinquish abutter's rights of access along Bancroft Avenue. E. Construct the on-site road as shown on the Vesting Tentative Map to County private road standards. The road shall be aligned with Las Juntas Way. 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 permanent, road and drainage improvements. G. Prior to occupancy, contribute $212.85 per residential unit to a Fee Trust designated for Regional Traffic mitigation. 7. Demolition, grading and construction equipment access will be limited to the Mayhew Way frontage. 8. Prior to issuance of any demolition permits, a temporary chain link fence will be erected around the trees to be preserved fronting Bancroft Road. The fence will be approved by the Contra Costa County Community Development Department prior to issuance of any demolition permits. 9. Provide an eight (8) foot high redwood, "ship-lap" pattern wood fence along the new property line fronting Bancroft Road. ADVISORY NOTES A. On April 10, 1984, the Board of Supervisors approved an amendment to the Pleasant Hill BART Station Specific Plan which in effect provides for a means to levy fees to pay for drainage, road and transit improvements to be paid by developments, such as this one, which are in the area surrounding the Specific Plan Area. This fee for residential units is currently $2,300 per unit. The fee is adjusted annually in accordance with the California Department of Transportation Summary-Highway Construction Cost Index. 3 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. B. The applicant/owner shall be aware of the renewing requirements prior to recording the Final Map or requesting building or grading permits. C. Applicant shall comply with the Park Dedication Fee Ordinance. D. Comply with the requirements of the Contra Costa Sanitary District (see attached). E. Comply with requirements of-the Contra Costa County Consolidated Fire Protection District (see attached). F. Comply with the requirements of the Health Services Department, Environmental Health Division. G. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. H. Comply with requirements of the Contra Costa Water District (see attached). ME/aa/jn SUBV/7490C.bos 7/3/90 7/10/90 - P/C Rev.(v)222 9/25/90 - BOS Rev. 4