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HomeMy WebLinkAboutMINUTES - 09241991 - H.6 H.6 ' Cr,) TO: BOARD OF SUPERVISORS Costa FROM: HARVEY E. BRAGDON '• �u / ' "y DIRECTOR OF COMMUNITY DEVELOPMENT DATE: August 19, 1991 SUBJECT: Hearing on 2942-RZ to rezone 43.21 acres of land located on Evora Road approximately 1,100 feet east of Port Chicago Highway from General Agriculture (A-2) to Planned Unit Development (P-1) and Development Plan 300191 to construct a church and related facilities, filed by David Austin Smith, in the Pittsburg area. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS OPTION A 1. Accept the environmental documentation prepared for this project as being adequate. 2 . Approve Rezoning Application 2942-RZ as recommended by the Planning Commission 3 . Approve Development Plan 3001-91 with Conditions, Exhibit A attached hereto and by reference incorporated herein, as recommended by the Planning Commission. 4 . Adopt the Planning Commission's findings as set forth in its Resolution 33-1991 as the determinations for these actions. 5. Introduce the ordinance giving effect to the rezoning application' 2942-RZ, waive reading and set for adoption of same. OPTION B 1. Same as Option A, above except that the Conditions of Approval in #3 be modified as recommended in the attached Public Works memo of August 8, 1991, for additional widening on i way 4. CONTINUED ON ATTACHMENT: X YES SIGNAT RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM PYION)W D COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON ep em er Z4 , iJJ1 APPROVED AS RECOMMENDED , OTHER x See addendum for Board action . 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. Orig: Community Development Department ATTESTED September 24 , 1991 cc: Public Works PHIL BATCHELOR, CLERK OF Calvary Temple THE BOARD OF SUPERVISORS DCOU07- YIADMINISTRATOR i BY , DEPUTY DD/df I I + -2- BACKGROUND The subject applications were filed on January 28 , 1991 as a result of the Evora Road General Plan Amendment which redesignated the subject property from General Open Space to Public/Semi-Public. On July 22, 1991 the East County Regional Planning Commission held a public hearing, where the Commission recommended approval of 2942-RZ and 3001-91 with modified conditions and found the project consistent with the General Plan. Following the East County Regional Planning Commission hearing, the Public Works Department in joint discussion with CALTRANS determined a dedication of 30-feet would be required on the southern portion of the property for the ultimate width of Highway 4. The applicant is aware of this proposal for additional dedication. i i ADDENDUM TO ITEM H. 6 SEPTEMBER 24, 1991 On September 17, 1991, the Board of Supervisors continued to this date the hearing on the recommendation of the East County Regional Planning Commission on the request by David Austin Smith (applicant) and Calvary Temple (owner) (2942-RZ) to rezone land from General Open Space (A-2) to Planned Unit District (P-I1) and for approval of Final Development Plan 3001-91 to establish a church and related facilities in the West Pittsburg area. '; Debbie Drennan, Community Development Department, presented the staff report on the application and recommendation, described the site location and the two options available for Board consideration, and the modification in Option B. Mitch Avalon, Public Works Department, commented on a recent traffic study and the need for a hard island in the middle of Evora Road. The public hearing was opened and the following persons presented testimony: David A. Smith, 3180 Crow Canyon Place, San Ramon, applicant and architect for the project; Gus Petsas, 16 McNamara Lane, Martinez, representing Calvary Temple, described the activities of the church, and spoke in support of the project and he expressed concerns on issues including the trail cost and the Area of Benefit fee per trip being prohibitive for the pre-school program. Mr. Petsas requested that the fee be waived for bringing the children into the pre-school . Supervisor Torlakson commented that the trail issue needs to be defined further, and recommended referring that requirement in the conditions (Condition 23) to the Zoning Administratorifor final definition and cost definition, and he suggested referring the issue of the Area of Benefit fees and who pays what to the Public Works Department for definition. i Mitch Avalon commented on meetings with the applicant relative to the Area of Benefit fees . The public hearing was closed. Supervisor Torlakson moved to approve the staff recommendations, to refer to the Zoning Administrator, Condition 23 , on the trail for further detailing construction requirements and cost, and further to refer the issue of the final mitigation and road fee improvements and any reimbursement issues to the Public Works Department for further review and consideration of a potential arrangement on child care and consideration of the improvements the applicant is doing in the Evora Road/Driftwood Drive extension area. Supervisor Fanden seconded the motion. Debbie Drennan requested a clarification that Supervisor Torlakson was indicating approval of Option B. Supervisor Torlakson concurred that Option B was approved, and directed that as part of Condition 23 , that staff contact the Ambrose Park and Recreation District as to their willingness to takeover the maintenance and operation of the trail . IT IS BY THE BOARD ORDERED that Rezoning request 2942-RZ and Development Plan 3001-91 are APPROVED with modified conditions; Ordinance No. 91-47 is INTRODUCED, giving effect to the rezoning, reading is waived and October 8, 1991, is set for adoption of same . i i I i I c,&, to CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3001-91 AND REZONING 2942-RZ 1. This application is approved subject to the following plans and conditions of approval. - Landscape Plan dated March 19, 1991. - Sheet A-2 Site Plan. - Sheet A-3 Preliminary Grading. - Sheet A-4 Main Floor Plan. - Sheet A-5 Lower Floor Plan. - Sheet A-6, A-9, A-10 Elevations. - Sheet A-7 First Floor. - Sheet A-8 Second Floor. 2. At least 30 days prior to issuance of building permits submit for review and!approval of the Zoning Administrator a revised parking plan eliminating all back-up variances and extending the curb line on the eastern side of the main entrance approximately 105 feet, install right turn only one way drive-thrus in a north/south direction at tl je eastern portion of the second and third parking bay (see Attachment 1). 3. At least 30 days prior to issuance of building permits submit for review and approval of the Zoning Administrator revised landscaping plans complying with the following requirements: A. Submit a letter from a landscape architect verifying the landscape and irrigation plans are in compliance with the County Water Conservation and Landscape Ordinance. B. The screen trees,Frazinus Nhedi, along the southwestern knoll shall be deleted. Twelve 0 2) additional Quercus Agrifolia shall be planted in a scattered pattern on the southern slope. The pattern will be designed in such away to break up the view of the building. C. If the Contra Costa Water District will not allow irrigation of landscaping due to the drought, the applicant may be required to truck in reclaimed water provided by the Central Sanitary District for purposes of irrigation. 4. At least 30 days prior to issuance of building permits submit a sign program for review and approval of the Zoning Administrator. If a monument sign is proposed, the sign shall not exceed 16 square feet in size. 5. Prior to occupancy, submit a Transportation System Management program for review and approval of the TSM Coordinator. The program shall be implemented within two months following final occupancy. Annual reports shall be submitted for review and approval of the TSM Coordinator on the anniversary date of final occupancy. 6. P.G. & E. electrical boxes shall be placed in underground vaults. 7. All mechanical equipment shall be adequately screened from view. permitted. I i 2. 8. At least 30 days prior to issuance of building permits annex into the Delta-Diablo Sanitation District and Contra Costa Water District and provide a will serve letter from Southern California Cities Water. 9. Comply with the following construction, noise, dust and litter control requirements: A. Noise generating construction activities, including such things as power generators, shall 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 by the Zoning Administrator. B. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise-generating equipment such as air compressors and concrete pumpers as far away from existing residences as possible. C. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary'of the project site notice that construction work will commence. The notice sha'll include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of the individual responsible for noise and litter control shall be expressly identified in the notice. The notice shall be re-issued with each phase of major grading activity. A copy of the notice shall be concurrently transmitted to the Community Development Department. The notice shall be accompanied by a;list of the names and addresses of the property owners noticed, and a map identifying the area notices. D. A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator. Any violation of the approved program or applicable'ordinances shall require an immediate work stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. E. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. Prior to issuance of building permits, the proposed road serving this development shall be constructed to provide access. This shall include provision for an on-site area in which to park earth moving equipment. 3. 10. All windows located on the southern portion of the site shall be double-paned and have a minimum STC rating of 36. 11. The following crime prevention measures shall be incorporated into project design: A. Lighting installed around the property to illuminate the general area. B. An alarm security system installed. C. All doors at the rear portion of the building shall be equipped with solid core metal doors and deadbolts. 12. 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. 13. Implement the attached Mitigation Monitoring and Reporting Program. 14. Perimeter fencing shall be provided around the ballfield to prevent trespassing onto properties adjacent to the west. 15. At least 60 days prior to issuance of a grading permit submit revised grading plans for review and approval of the Zoning Administrator and Public Works Department reducing the amount of fill at the lower parking lot to allow adequate sight distance to be determined by the applicant's engineer, assuring adequate drainage is maintained, and minimize the parking lots visual impact on Evora Road. 16. Comply with the mitigation measures found in Chapter 4. A. Geology of the Evora Road General Plan Amendment EIR. i 17. Ballfield lights shall not be permitted. 18. At least 30 days prior to issuance of building permits submit a color rendering with stucco in dusty olive, trim in teton blue and tile roof in mission adobe for review and approval of the Zoning Administrator. 19. The student capacity of the school shall not exceed 75 children at Phase I and 150 at Phase Il. 20. The preschool student capacity shall not exceed 100 children. 4. 21 . The following statement shall be made available to parents/guardians when children are registered within the childcare facility on the subject property: "The subject property is located near a high voltage electric transmission line. Parents/guardians should be aware that there is ongoing;resbarch 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." 22. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: ; A. Unless exceptions are specifically granted, this development shall conform to the requirements of Division 914 (Drainage) of the Subdivision Ordinance. Conformance with Division 914 includes the following requirements: I 1) 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 public storm drainage facility which conveys the storm waters to a natural watercourse. 2) Designing and constructing storm drainage facilities required by Division 914 in compliance with specifications outlined in Division 914 and in compliance with design standards of the Public Works Department. 3) The ordinance prohibits the discharging of concentrated storm waters into roadside ditches. i 4) Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from pubic streets. B. Unless exceptions are specifically granted, comply with the requirements of Division 1006 (Road Dedication and Setbacks) of the County Ordinance Code. Compliance with the ordinance includes the following: 1) Constructing road improvements along the frontage of Evora Road. 5. Constructing curb, necessary longitudinal and transverse drainage, and necessary pavement widening along the frontage will satisfy this requirement. The face of the curb shall be 31 feet from the ultimate centerline of the road, except where a wider pavement is necessary to accommodate intersection improvement. Intersection improvements shall include construction of right-turn lanes in accordance with condition D.2. An exception to this requirement is granted beyond the limits of the intersection improvements, provided a deferred improvement agreement is executed, requiring the owner of the property involved in Permit 3001-91 to construct the subject improvements. 2) Install street lights on Evora Road and annex 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 Public Works Department, Road Engineering Division. 3) Conveying to the County, by Offer of Dedication, additional right of way on Evora Road as required for the planned future width of 92 feet, and any additional right of way required to accommodate the ultimate configuration of the Evora Road/Driftwood Drive intersection. 4) Relinquishing abutter's rights of access along Evora Road; with the exception of the proposed access points. 5) 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 Public Works Department, Road Engineering Division. 6) Undergrounding of all utility distribution facilities, including those crossing Evora Road to serve the subject property. C. Provide for adequate corner sight distance at all three access points on Evora Road in accordance with CALTRANS standards. D. Install a traffic signal and road improvements on Evora Road at the Driftwood Drive intersection: 1) Install a left-turn pocket from westbound Evora Road onto the site (southbound). 6. 2) Install right-turn lanes on Evora Road for site ingress and egress using CALTRANS design for deceleration and acceleration lanes with a 55 mph design speed. Install curb and necessary longitudinal transverse drainage along the frontage of the right-turn lanes. The deceleration and acceleration lanes will be the second lane of the ultimate four lane facility. 3) Submit to the Public Works Department for review and approval, a traffic study to determine the ultimate configuration of the Evora Road/Driftwood Drive intersection, and construct the intersection improvements and signal modifications as determined by the study. The subject improvements shall be constructed prior to the issuance of the building permits for Phase II of the project. E. Sign and/or stripe Evora Road at the easterly access to prevent left turns into the property from Evora Road, and to restrict vehicles existing at that access to right turns only. F. Restrict the westerly access to emergency use only. t G. Submit a sketch plan to the Public Works Department, Road Engineering Division, for review showing all public road improvements prior to starting wok on the improvement plans. The sketch alignment plan shall be toy scale and show proposed and future curb lines, lane striping details and lighting. The sketch alignment plan shall also include adequate information to show that adequate sight distance has been provided. 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 permanent, road and drainage improvements. 1. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the driveways. J. Obtain an encroachment permit from the Public Works Department,Application and Permit Center,for construction of driveways,or other improvements within the right of way of Evora Road. K. Submit an acoustical analysis prepared by a qualified expert and based on ultimate road widening on Evora Road and Highway 4 and ultimate development of the area. Mitigate impacts subject to the review and approval of the Zoning Administrator. 7. L. Establish a Park & Ride facility for weekday use in the proposed parking lot. The applicant shall coordinate with the BART and CALTRANS to determine the feasibility of such a facility. CALTRANS has a program to compensate owners of parking ,facilities for the use of their lots. 23. Dedicate the required land and construct the connector loop of the Delta-DeAnza Trail as discussed in the Evora Road General Plan Amendment, subject to review and approval of the Zoning Administrator. The connector loop shall be shown on the final plan map. 24. Prior to issuance of building permits for Phase II, submit for review and approval of the Zoning Administrator and the Public Works Department revised site plans (if any) and a traffic study with plans for any changes to the geometrics of the intersection as determined by the traffic study. ADVISORY NOTES A. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the West Pittsburg Area of Benefit as adopted by the Board of Supervisors: The church will be required to pay the commercial fee or to pay a fee based on the peak hour trip generation from the Development Program Report for the area, substantiated by a traffic report prepared by a licensed traffic engineer. The applicant will be responsible for providing the required information in a timely manner for review and approval of the Public Works Department, Road Engineering Division. B. The applicant will be required to comply with the drainage fee requirements for Drainage Areas 48B and 48C as adopted by the Board of Supervisors. C. Comply with the requirements of the Riverview Fire Protection District. I D. Comply with the requirements of the Environmental Health Division. E. Comply with the requirements of the Contra Costa Water District. F. Comply with the requirements of the Central Sanitary District. DD/aa DPX/3001-91 C.DD 7/2/91 7/18/91 8/5/91