HomeMy WebLinkAboutMINUTES - 09171991 - H.6 H.6
TO: BOARD OF SUPERVISORS `✓W��
FROM: HARVEY E. BRAGDON ��.. coulty/
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: August 22 , 1991
SUBJECT: Hearing on 2943-RZ to rezone 23.3 acres of land fronting along two
separate sections of O'Hara Avenue approximately 850 feet south of the Laurel
Road-O'Hara Avenue intersection, in the Oakley area. Site is also located south
of the present terminus of Mercedes Lane from Planned Unit District (P-1) for 55
lots to Planned Unit District (P-1) for 87 lots and Development Plan 3002-91 and
Subdivision 7640 to construct 87 single family residential units filed by
Bellecci and Associates.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2 . Approve Rezoning Application 2943-RZ subject to ' Conditions,
Exhibit A attached hereto and by reference incorporated
herein, as recommended by the East County Regional Planning
Commission.
3 . Approve Development Plan 3002-91 with Conditions, Exhibit A
attached hereto and by reference incorporated herein, as
recommended by the East County Regional Planning Commission.
4 . Adopt the East County Regional Planning Commission's findings
as set forth in its Resolution 34-1991 as the determinations
for these actions.
5. Introduce the ordinance giving effect to the rezoning
application 2943-RZ, waive reading and set for adoption of
same.
CONTINUED ON ATTACHMENT: R YES SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMtMNP YONo
lrARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON 11. 11JI APPROVED AS RECOMMENDED _ OTHER
See Addendum for Board action.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
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.
Orig: Community Development Department ATTESTED
cc: County Counsel PHI BATCHELOR, CLERK OF
Public Works THE BOARD OF SUPERVISORS
Bellecci Associates COUN Y DMINISTRATOR
BY4: , DEPUTY
DD/df
-2-
BACKGROUND
These applications are, in essence, a resubmittal of a previously
approved development on the site. With the approval of the New County
General Plan in January, 1991, the land use designation of this site
was changed from single family residential low density to single family
residential medium density. The previous approval was for a 55 lot
development. This new development for 87 lots, conforms to the General
Plan for the area. The applicant and owner is agreeable to dedicating
the 2 .94 acres south of the new elementary school for park purposes.
ADDENDUM TO H. 6
SEPTEMBER 17, 1991
This is the time heretofore noticed by the Clerk of the
Board of Supervisors for hearing on the recommendation of the
East County Regional Planning Commission on the request by
Bellecci & Associates (applicant) and Country Investors (owner)
for approval to rezone 23 . 3 acres of land from Planned Unit
Development-55 lots (P-1) to Planned Unit Development-87 lots (P-
1) (2943-RZ) ; and for approval of a Final Development Plan
proposing the construction of 87 single family residences and
associated improvements in a P-1 zone (DP 3002-91) ; and approval
to subdivide 23 . 3 acres into 87 single family residential lots
(Subdivision 7640) in the Oakley area.
Mary Fleming, Community Development Department, presented
the staff report on the proposal, describing the site .
Mitch Avalon, Public Works Department, commented on approval
of the tentative map at the Planning Commission hearing and the
staff position relative to street and intersection alignments and
circulation, and he advised that the Board may consider allowing
redesign of the subdivision subject to the Zoning Administrator
approval . He also commented on discussions with the applicant
regarding this and that the applicant would be agreeable to
redesigning the subdivision to accommodate this issue .
Supervisors Torlakson and McPeak requested clarification on
issues of park dedication and child care compliance .
Mary Fleming responded to their requests .
The public hearing was opened and the following persons
presented testimony:
Mike Harris, representing Country Investors, P.O. Box 1960,
Pleasanton, presented a brief history of the proposal, expressed
concerns with the condition No. 2 on Mercedes Court, and he
requested that the completion of the cul de sac be at a later
date; item G on page 2, the fence location on Daniel Drive,
adding with the approval of the owner; and the alignment of the
two streets .
Mitch Avalon advised the Board on the issues of access and
circulation, a future development and movement of the roads .
The Board discussed the matter.
The public hearing was closed.
The Board discussed issues including the cul de sac and a
possible deferred improvement agreement .
Supervisor Torlakson recommended going ahead with the
subdivision and referring the issue of the cul de sac design to
the engineers and the Zoning Administrator to approve some final
plan along with the layout of the streets as suggested by staff,
and on item G number 8 to include the approval of the owner and
he moved approval with those directions and addition of language
to G on page 2 , approval of owner on the fence and the Mercedes
Court and street alignment issues would be referred to the
engineers and the Zoning Administrator to work out with the
applicant .
Supervisor McPeak spoke in support of providing flexible
alignment of the streets .
IT IS BY THE BOARD ORDERED that Rezoning Application 2943-
RZ, Final Development Plan 3002-91 and Subdivision 7640 are
APPROVED as recommended by the East County Regional Planning
Commission and with conditions as amended by the Board of
Supervisors; Ordinance No. 91-43 , giving effect to the rezoning,
is INTRODUCED, reading waived and September 24, 1991, is set for
the adoption of same; and the issues of the cul de sac design and
the street and intersection alignment are REFERRED to the Public
Works Engineering Services and the Zoning Administrator for final
approval .
CONDITIONS OF APPROVAL FOR 2943-RZ (Bellecci/Country Investors) AS APPROVED BY
THE EAST COUNTY REGIONAL PLANNING COMMISSION
1. This approval is based upon the exhibits received by the Community Development
Department and listed as follows:
A. Exhibit "A": Vesting Tentative Map for companion applications 3002-91 and
Subdivision 7640 for 87 lots and single family residences on a 23.3-acre site
together with a preliminary grading plan for the site on the same sheet. Said
plan submitted February 1, 1991.
2. 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
sewerage collection system.
3. Water supply serving the properties concerned shall be by the Oakley Water District.
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. Each individual living unit shall be served
by a separate water connection.
4. Comply with the requirements of the Oakley Fire Protection District including provision
for water supply and fire hydrants, as determined by the District.
5. The total number of lots shall not exceed 87.
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CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN 3002-91 AND SUBDIVISION
7640 (Bellecci/Country Investors) AS APPROVED BY THE EAST COUNTY REGIONAL
PLANNING COMMISSION
1. This approval is based upon plans and a vesting tentative map submitted February 1,
1991, for not more than 87 lots, subject to the following conditions.
2. Any revision of internal circulation plan and lot layout shall be subject to Zoning
Administrator review and approval. Lot #1 shall be widened 10 feet to a width of 80
feet. The circular turnaround at the end of Mercedes Court shall be paved in full as
shall the entire length of Mercedes Court.
3. The guide for development and use provisions shall be the Single Family Residential
District R-6.
A. Setbacks of residential units shall be varied between 18 and 25 feet. All
garages shall have a setback of at least 18 feet if they face directly onto the
street. Front yard setbacks may be reduced to 15 feet for covered porches.
Side yard minimums shall be 5 feet with a total aggregate side yard of 15 feet.
Lots that front on cul-de-sacs or corners may have side yard minimums of 5
feet with an aggregate of 10 feet. Covered porches may have a side yard
minimum of 3 feet with an aggregate side yard of 8 feet. The R-6 zoning
district shall be used as a guide for heights and/or lot coverage of any detached
sheds or garages.
4. 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 Archaeologists (SOPA) has had an
opportunity to evaluate the significance of the find and suggest appropriate
mitigation(s), if deemed necessary.
5. 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
sewerage collection system.
6. Water supply serving the properties concerned shall be by the Oakley Water District.
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. Each individual living unit shall be served
by a separate water connection.
7. Street names shall be acceptable to the Community Development Department and to
the Oakley Fire Protection District.
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8. At least 30 days prior to recording the Final Map for this site, the applicant shall
submit a Landscape Plan conforming to the County's water conservation policies and
to the Oakley Landscape Guidelines.
A. Native, drought-tolerant plants shall be used whenever feasible.
B. Landscaping along all street setbacks and each front yard. Landscaping shall
conform to the Oakley landscape guidelines.
C. Submit a street tree planting plan. A minimum of two 15-gallon trees for each
lot, shall be planted except that corner lots shall have at least four street trees.
D. Fence design and locations shall be shown on the plans. Fencing along the
southerly property must be outside of the existing water main easement.
Property owners of those lots shall be notified of that restriction on their deeds.
A suitable masonry wall shall be erected on O'Hara Avenue subject to the
Zoning Administrator's review and approval. Wall shall conform to acoustical
standard requirements.
E. This landscape plan shall be implemented or bonded prior to occupancy.
F. All landscaping shall be maintained by the applicant until occupancy or, in the
case of common areas, until annexation to a landscape lighting district. The
applicant shall be required to annex when the district is formed. Notify future
homeowners by deed notice of the fact that the site is within a landscape and
lighting district and/or a parks district.
G. The western side of Daniel Drive shall be fenced with a 6-foot tall cyclone
fence. The location of the fence shall be subject to the review and approval of
the Zoning Administrator and the Public Works Department.
H. The applicant shall dedicate park land for the purposes of a public park adjacent
to the school district property. The exact location and dimensions shall be
subject to approval of the Community Development Department.
I. Grading plans shall include erosjon protection on all slopes five (5) feet or more
in height and gradient steeper than 10 percent (10:1). Protection shall be equal
to or better than hydroseeding with mulch. Hydroseeding shall be as
recommended by a certified landscape architect.
J. Large P.G. & E. electrical transformer boxes shall be placed in underground
vaults.
K. The design, color and location of any project signs at the O'Hara Avenue
entrance to the site shall be reviewed and approved by the Zoning
Administrator.
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9. 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 $200 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.
10. The following statement shall be recorded at the County Recorder's Office for each
parcel to notify future owners of the parcels that they own property in an agricultural
area:
"This document shall serve as notification that you have purchased land
in an agricultural area where you may regularly find farm equipment
using local roads; farm equipment causing dust; crop dusting and
spraying occurring regularly; burning associated with agricultural
activities; noise associated with farm equipment and aerial crop dusting
and certain animals and flies may exist on surrounding properties. This
statement 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."
11 . Provide for a child care facility in conformance with Chapter 82-22, "Child Care
Facilities," of the County Code.
12. The applicant shall show proof that water and sewage service is available prior to
recording the parcel map.
13. Prior to the issuance of building permits, the applicants shall submit a detailed
Transportation Systems Management (TSM) Plan for review and approval of the Zoning
Administrator (unless otherwise required by a TSM Ordinance). The approved TSM
Plan shall be operative prior to final inspection by the Building Inspection Department.
14. 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.
15. The project sponsors shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers which are in good condition, and to locate stationary
noise-generating equipment such as air compressors and concrete pumpers as far away
from existing residences as possible. Failure to comply with this condition could lead
to stop work orders for this project.
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16. A dust and litter control program shall be submitted for the review and approval of the
Zoning Administrator following review by the Building Inspection 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.
17. Where a lot is located within 300 feet of a high voltage electric transmission 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. Although
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.
18. Prior to recording the final map, submit proof that the tenants living in the existing
residences were given at least 90 days notice to vacate and were given assistance in
finding available rental housing in the area.
19. 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 O'Hara Avenue.
Construct curb, gutter and six-foot meandering sidewalk, necessary
longitudinal and transverse drainage, necessary pavement widening
(pave between the new curb and the existing pavement and any
additional that may be necessary to obtain at least 32-feet of pavement)
landscaping, irrigation and a soundwall. The face of curb shall be 15
feet from the ultimate right of way line.
Contribute funds in leu of constructing a half width median (complete
with landscaping, irrigation and surface treatment).
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2. Constructing road improvements along the frontage of Daniel Drive.
Constructing curb, four-foot six-inch sidewalk (width measured from
curb face), necessary longitudinal and transverse drainage, and
necessary pavement widening along the frontage will satisfy this
requirement. The new pavement shall extend from the new curb to the
property line.
The alignment of Daniel Drive shall be to collector road standards and
shall extend along the entire western property line. The alignment shall
swing westerly along the "Park Parcel" so that by the time it reaches _
the northern property line the eastern most right of way line falls on the
western property line.
3. Installing street lights along all streets including O'Hara Avenue and
Daniel Drive 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.
4. Undergrounding of all utility distribution facilities, including the existing
utilities along the O'Hara frontage.
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.
In order to satisfy the "collect and convey" requirement, the developer
shall construct lines A-3 and A-4 of the Drainage Area 30A Plan to the
detention basin located north of Laurel Road and East of O'Hara Road.
(The development directly to the north Subdivision 7645 is also tasked
with the construction of line A-4 as a condition of approval.)
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.
Installing, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
6. 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.
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7. 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
O'Hara as required for the planned future width of 110 feet.
C. Convey to the County, by Offer of Dedication, additional right of way on Daniel
Drive as required for the planned future width of 60 feet.
D. Relinquish abutter's rights of access along O'Hara Avenue with the exception
of the one entrance road.
E. Construct the on-site road system to County public road standards and convey
to the County, by Offer of Dedication, the corresponding right of way.
F. On all public roads with longitudinal slopes less than five percent,all public
pedestrian access ways shall be designed in accordance with Title 24(Handicap
access). This shall include all driveway depressions as well as handicap ramps.
G. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
H. 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. All work shall be done in accordance with the
guidelines and standards of the County. Funding of, and maintenance of, the
new plantings shall be guaranteed by the developer until the expiration of the
plant establishment period and, until funds are available through a landscaping
district.
I. Apply to the Public Works Department for annexation to the County
Landscaping District AD 1979-3 (LL-2) for the future maintenance of
landscaping and irrigation facilities in median islands, parkways and other areas
("open space" is specifically excluded).
J. Submit landscaping plans to the Public Works Department and pay the plan
review and field inspection fees. All landscaping and irrigation facilities shall
be maintained by the applicant until funds become available for their
maintenance by the County after final inspection is cleared.
K. 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.
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L. Prior to filing the Final Map, apply to the Public Works Department for
annexation of the property to Drainage Area 30A for the maintenance and
operation of the drainage area's drainage facilities. The application will require
a metes and bounds description of the property.
M. Provide deed notification and signing to inform prospective property owners
that Nutmeg Drive and Daniel Drive may be extended in the future.
ADVISORY NOTES
The applicant/owner should be aware of the renewing requirements prior to recording the Final
Map or requesting building or grading permits.
A. Applicant shall comply with the Park Dedication Fee Ordinance.
B. Comply with the requirements of the Oakley Sanitary District.
C. Comply with the requirements of the Oakley Fire Protection District as outlined in their
letter dated March 6, 1991 .
D. Comply with the School Impact Fee requirements of the Oakley Union School District
and the Liberty Union High School District.
E. Comply with the requirements of the Oakley Water District, including annexation to the
District.
F. Comply with the requirements of the Building Inspection Department.
G. Part of the project lies within the 100-year flood boundary as designated on the Federal
Emergency Agency Flood Rate Maps. The applicant should be aware of the
requirements of the Federal Flood Insurance Program and the County Flood Plain
Management Ordinance (Ordinance No'. 87-65) as they pertain to future construction
of any structures on this property.
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H. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 30A 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.
I. 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.
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