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HomeMy WebLinkAboutMINUTES - 09011998 - D16 #. Contra Costa TO: BOARD OF SUPERVISORS' County FROM: DENNIS M. BARRY,: AIC,P COMMUNITY DEVELOPMENT DIRECTOR Via. t c e DATE: September 1, 1998 SUBJECT: HEARING;ON REZONING APPLICATION #R2983056 TO REZONE APPROXIMATELY 2 3 ACRES OF SINGLE FAMILY RESIDENTIAL LAND FROM, HEAVY AGRICULTURE DISTRICT (A-3) TO SINGLE FAMILY RESIDENTIAL (R-15) . APPLICATION FILED BY DEVOYA HOMES (APPLICANT) AND CONTRA COSTA FLOOD, CONTROL DISTRICT (OWNERS) SPECIFIC 'REQUEST(S) OR RECOMMENDATION(S) & 'BACKGROUND ANIS JUSTIFICATION RECOMMENDATIONa 1. Adopt the Mitigated Negative Declaration and the Mitigation Monitoring Program as recommended by the County Planning Commission and accept the environmental documentation prepared `. for these ,,projects: as adequate.' 2. Accept the findings of the County Planning Commission as stated in Resolution No. 8-1998`. 3 . Approve rezoning of the property from A'-3 to R-1'5. 4 Introduce; the ordinance giving effect to the aforesaid rezoning, waive reading and set forth date' for adoption of same. 5. Accept the withdrawal of the General Plan Amendment study request. FISCAx, IMPACT None BACKGRf?UNJJ/REASONS ;FOR RECOMMENUATIONS On January 27, 1998 the Board authorized; the review of the DeNova Homes -<General °Plan Amendment request to change the General Plan' designation of a 2 . 3 acre site from Single Family Residential Low CONTINUED ON ATTACHMENT: K YES SIGNATURE RECOMMENDATION OF 'COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON September 1 . 1998 APPROVED AS RECOMMENDED' X OTHER X ' ITISBY THE BOARD ORDERED the tearing' is CLOSED; Staff' s recommendations are ACCEPTED; and the Community Development Department staff is DIRECTED to post .-a Notice of Determination with the County Clerk. VOTE OF SUPERVISORS I ;,HEREBY CERTIFY THAT THIS IS A ' UNANIMOUS (ASSENT' -- TRUE AND CORRECT COPY OF AN AYES: II: III; IV & I NOES: y ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF' THE BOARD OF SUPERVISORS ON THE 'DATE' SHOWN. Contact:Aruna Shalt 335-1219 Orig Community Development Department' ATTESTED September 1, 1998 cc: CAO PHIL BATCRELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS DeNova Homes AND COUNTY A MINI TRATOR CCC Flood Control District Public Works BY DEPUTY Redevelopment Agency AMB/df bO3 :rz983056.'bo 2 Density to Single Family Residential-Medium Density. The applicant subsequently decided to process the development application using the existing General Plan land use density. On February 9, 1998 an application for a' rezoning and subdivision of property was filed by DeNova Homes (Applicant) and Contra Costa County Flood Control District (owner') . ©n July 28,, 1998 the County Planning Commission recommended that the Board of Supervisors approve the rezoning from A-3 to 12-15 and approved the 6 ` lot subdivision with revised conditions. The General Plan for the property is Single Family Residential-Low' Density (1-2 .9 units/net acre) . The proposed rezoning is consistent with the General Plan for the property. �cs w `'I- Ilk �j p �n I a OA .� ' °a Cn O `e? �8 GA 1% JS `ts ^ N '� fl , v � , W a �c 1 RESOLUTION NO. 8 -1998 RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED REZONING (RZ983056) AND SUBDIVISION (SD988145)BY DENOVA HOMES(APPLICANT)AND CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT(OWNER),NEAR THE PLEASANT HILI.BART STATION AREA OF SAID COUNTY. WHEREAS, a request by DeNova Homes (Applicant) and Centra Costa County Flood Control District (Owner) to rezone land near the Pleasant Hill BART Station area from Heavy Agricultural District (A-3)to Single Family Residential (R-15) andto subdivide the property into 6 lots was received on February 9, 1998; and WHEREAS, in connection with applicant's requests, an Initial Study of Environmental Significance was prepared by the Community Development Department which determined that the requested entitlements would not have any significant adverse environmental impacts; and WHEREAS, for purposes of compliance with the California Environmental Quality Act (CEQA), the Community Development Department conducted an initial study on the project that identified two potentially significant environmental impacts associated with the project, and also identified corresponding mitigation measures that would reduce those impacts to a less than significant level described as follows: A. Lam: A small portion of the site is located within a flood plain where water related hazards to either people or property could result. Mitigation Mere: All habitable structures located within the flood zone shall be required to elevate the finished floor elevations of the buildings above the flood plain elevation(plus freeboard) or flood proof as per the Contra Costa County Floodplain Ordinance. B. mom ; The proposed homes will be subject to interior noise levels in excess of 50 dB. Mitigation Meas: 1. Residences on proposed lot#l,2 and 3 shall be setback by a minimum of 30 feet from the rear property line. The applicant shall deed development rights to the County prior to recording the final map. Accessory non-habitable structures may be built within the 30-foot setback area. Page Two RESOLUTION NO. 8-1998 2. Exterior walls facing the BART tracks of residences on proposed lot #1, 2 and 3 shall be built with at least 7/8 stucco exterior siding. 3. Exterior doors and windows of all the proposed six units shall have a Sound Transmission Class (STC) rating of a minimum of 30. The applicantagreed to comply with these mitigation measures. WHEREAS, on June 15, 1998 the Community Development Department posted a Notice of Negative Declaration and provided legal notice of same, indicating that interested parties had until July 6, 1998 to comment on the adequacy of the Negative Declaration. WHEREAS, no comments were received by the public. FURTHER, the documents and other materials which constitute the record of proceedings upon which the County Planning Commission decision is based are located in the Community Development Department office at 651 Pine Street, 4th Floor North Wing, Martinez, California. NOW, THEREFORE, BE IT IS RESOLVED, THAT THE COUNTY PLANNING COMMISSION finds that on the basis of the whole record before the County Planning Commission including the initial study, there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration reflects the Community Development Department's independent judgment and analysis. BE IT FURTHER RESOLVED, the County Planning Commission adopts the Negative Declaration as adequate for purposes of compliance with the CEQA and that this resolution was adopted at the July 28, 1998 hearing of the County Planning Commission. WHEREAS, after notice was lawfully given, a public hearing was scheduled before the County Planning Commission on Tuesday, July 28, 1998;whereat all persons interested might appear and be heard; and WHEREAS, on Tuesday, July 28, 1998, the County Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW,THEREFORE, BE IT RESOLVED that County Planning Commission recommends to the Board of Supervisors of the County of Contra Costa,°State of California, that the rezoning request oDeNova Homes(Applicant) and Contra Costa County Flood'Control District (Owner) (RZ983056) be approved for change from Single Family Residential(R-15)to Heavy Agricultural (A-3), be approved for 6 lots with modified conditions of approval and that this zoning change be. Page Three RESOLUTION';NO. 8-1998 made as indicated on the findings map entitled: Page L-14 of the County's 1978Zoning Map. BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: 1. The rezoning of the property from A-3 to R-15"is consistent with the Single l;anilly Residential-Low Density General Plan for the area. 2_ The proposed 6 lot subdivision is consistent with the General Plan designation and consistent with the neighborhood. BE IT FURTHER RESOLVED that the Secretary of the County Planning Commission shall respectively sign and attest the certified copy of this resolution and deliver the same to the Beard of Supervisors all in accordance with the planning Laws of the State of California. The instructions by the County Planning Commission to prepare this resolution were given by motion of the County Planning Commission on Tuesday, July 28, 1998, by the following vote; AYES: Commissioners- Terrell,'gong, Clark, Pavlinec, Hanecak NOES: Commissioners- None ABSENT: Commissioners- Gaddis ABSTAIN: Commissioners- None John Hanecak Chair of the County Planning Commission, County of Contra Costa, State of California ATTEST: DENNIS M. BARRY,SEC TARY County Planning C mission, County of Contra Costa, State of California AMB/df bo3:rz983 056res Findings Map R 1 Y7.1 f t 3 GLUE C'` TI Std > tt J Rezone FrornA- s�TQ WALRUT Area 1, 1 1AAMPECAV, Chair of the Contra Costa County Planning Commission, State of California, do hereby certify that this is a true and correct copy of OPP-G1F-- L.-14k of: TIME indicating thereon the decision of the Contra Costa County Planning Commission in the matter of Ivy 900A - «QSSOS c) ATTEST: je4-� A . Secretary of the Contra Costa ounty Planning Commission, State Calif. DENOVA HOMES{APPLICANT) CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT (OWNER) COUNTY FILE HRZ983056 A REQUEST TO REZONE FROM HEAVY AGRICULTURAL DISTRICT(A-3) TO SINGLE FAMILY RESIDENTIAL. (R-15). THE PROPERTY IS APPROXIMATELY 2.3 ACRES IN SIZE, CONSISTING OF TWO PARCELS, LOCATED AT THE END OF BRIARWOOD WAY, NEAR THE PLEASANT LULL BART STATION AREA OF THE COUNTY Board of Supervisors Contra Costa County September 1, 1998- 2.00'p.m. FINDINGS ,AND CONDITIONS OF APPROVAL FOR RZ983056 & SD988145 AS RECOMMENDEDBY THE COUNTY PLANNING COMMISSION ON JULY 28 1998 Findings A. Growth Management Element Performance Standards Findings 1. Traffic-The project as proposed will generate approximately 6 additional am and pm peak hour trips. 2. Water-The project`is located within the service area of Contra Costa Water District. The applicant will be required to comply with District regulations and pay appropriate fees. 3. Sanitary Sewer - The project is within the boundaries of Contra Costa Central Sanitary District, service is planned for the area. 4. Fire Protection - The subject property is located approximately 2.1 utiles from the nearest fire station and fire sprinkler system will be required for all proposed residences. 5. Public Protection-Prior to filing the final map, the project proponent will be required to apply for inclusion within a police service district' 6. Parks and Recreation -The Growth Management Element requires neighborhood parks of 3 acres per 1,000 population. The proposed subdivision will be rewired to pay a park dedication fee of$2,000lunit. 7. Flood Control and Drainage -The project will be required to meet all collect and convey requirements. (Ref. the Growth Management Element, Chapter 4, of the General Plan) B. Variance Findings: I. That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located. 2. That because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land'use district. 2 3. That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located. (Ref §26-2.2006 of the County Code) CONDITIONS OF APPROVAL L This approval is based upon the following documents received by the Community Development Department: A. Vesting tentative map, DeNova Homes, SD8145 dated received by the Community Development Department on May 18, 1998, & Cultural Resources Evaluation prepared by Archeo-Tec dated October 23, 1997 and Sonoma State notification dated December 3, 1997, C. Environmental Noise Assessment prepared by Charles M.'Salter Associates. Inc. dated December 17, 1997 and letter dated received by the Community Development Department on March 13, 1998. 2. The subdivision approval is contingent upon approval of the rezoning from A-3 to R-15 by the Board of Supervisors. 3. Approval is granted to allow for variance to tot width that meet the requirements of Section 26-2.2£1436 of the County Ordinance Code as follows: 100'lot width required 78`-9'" lot width approved for lot 43 88'-3" lot width approved for lot #4 93'-6" lot width approved for tot #5 87'-5" lot width approved for lot#6 4. A 20' bicycle/pedestrian easement shall be dedicated to the County prior to filing the final map. The exact location of the easement shall be subject to the review and approval of the Zoning Administrator and Public Works Department. 5. All habitable structures located within the flood zone shall be required to elevate the finished floor elevations of the buildings above the flood plain elevation (plus freeboard) or flood proof as per the Contra CostaCounty Floodplain Ordinance. 6. Residences on proposed lot#1,2 and 3-shall be setback by a minimum of 30 feet from the rear property line. The applicant shall deed development rights to the County prior to recording the final map. Accessory non-habitable structures may be built within the 30'setback area. 3 7. Exterior walls facing the BART tracks of residences on proposed lot 1,2 and 3 shall be built with at least 7/8" stucco exterior siding. 8. Exterior doors and windows of all the proposed six units shall have a Sound Transmission Class(STC) rating of a minimum of 30. 9. 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'profes- sional'archaeologist who is certified by the Society of Professional Archaeology(SOPA)has had an opportunity to evaluate the significance of the findand suggest appropriate'mitiga- tion(s), if deemed necessary. 10. Comply with the fallowing construction, noise, dust and litter control requirements: A. All 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. 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 shall 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 tunes 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. 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 noticed. D. The 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. This shall include prevision for an on-site area in which to park earth moving equipment. F. Transporting of heavy equipment and trucks shall be limited to week days between the hours of 9:00 AM and 4:00 I'M and shall be prohibited on weekends and holidays. G. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. H. The project shall comply with the dust control requirements of the Grading Ordinance including provisions pertaining to water conservation. 11. Pursuant to Government Code Section 66474.9, the applicant(including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the Contra Cosa County Planning Agency and its agents, officers, and employees from any claire, action, or proceeding against' the Agency(the County)or its agents, officers, or employees to attack, set aside, void, or annul, the Agency's approval concerning this subdivision reap application, which action is brought within the time period provided for in Section 66499.37. The County will promptly notify the subdivider of any such claim, action, or proceeding and cooperate fully in the defense. 12. At least 30 days prior to issuance of a grading permit, or installation of improvements or utilities, applicant shall submit a final geology, soil, and foundation report meeting the requirements of Subdivision Ordinance Section 94-4.420 for review and approval of the Zoning Administrator. Improvement, grading, and building plans shall carry out the recommendations ofthe,approved report. This report shall include evaluation of the potential for liquefaction, seismic settlement and other types of seismically-induced ground failure by recognized methods appropriate to soil conditions discovered during subsurface investigation. 13. The project proponent shall provide deed disclosure to the prospective buyers ofthe,property that the property is subject to noise levels exceeding 70 dB when trains pass-by. The deed disclosure shall be subject to the review and approval of the Zoning Administrator prior to recording the final map. 14. Submit a street tree planting plan prior to recording the Final Map. A minimum of eight, 15- gallon size trees shall be planted. Landscaping shall conform to the County Water Conserva- tion Landscape Ordinance 82-26 and shall be installed prior to approval of final building permit. 15. The owner of the property shall participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the parcels created by this subdivision approval. The tax shall be the per parcel annual amount (with appropriate future 5 CPI adjustment) then established at the time of voting by the Board of Supervisors. The election to provide for the tax shall be completed prior to the filing of the Final Map. The property owner shall be responsible for paying;the cost of holding the election, payable at the time that the election is requested by the owner. Public'Works Conditions Applicant shallcomply with the requirements of Title'8, Title 9 and Title 10 of the Ordinance Code. Any exceptions must be stipulated in these Conditions of Approval. Conditions of Approval area based on the plan submitted on May 13, 1998. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO FILING OF THE FINAL MAP; General Requirements: 16. Applicant shall submit improvement plans prepared by a registered civil engineer to Public Works and pay appropriate fees in accordance with the County Ordinance and these conditions of approval. The following conditions of approval are subject to the review and approval of Public Works. Roadway Improvements (Frontage/Olt-Site/Off-Site): 17. Applicant shall construct curb, 1.5-meter (5-feet±) sidewalk, necessary longitudinal and transverse drainage, street lighting, and pavement widening along the frontage of Briarwood Way. Applicant shall construct face of curb 2.1± meter (7-feet) from the ultimate right of way line. 18. Applicant shall 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. Access to Adjoining Property .Proof of Access 19. Applicant shall furnish necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements. Encroachment Permit 20Applicant shall obtain an encroachment permit from the Application and Permit Center, if necessary, for construction of driveways or other improvements within the,right of way of Briarwood Way. Street Fighting: 21. Applicant shall convey to the County, by Offer of Dedication, the right of way necessary for the planned future width of 50-feet along the frontage of Briarwood Way. 22. Property owner shall apply for annexation to County Service Area L-100 Lighting District. Annexation shall occur prior to filing of the final map. The applicant shall be aware that this annexation process must comply with State Proposition 218requirements which state that this property owner incest hold a special election to approve the annexation. This process takes 2 to 4 months. Undergrounding of Utilities: 23. Applicant shall underground all new and existing utility distribution facilities, including those along the frontage of Briarwood Way. Drainage Improvements: Collect and Convey 24. The applicant shall collect and convey all stormwater entering and/or originating on this property, without diversion and within an adequate storm drainage facility, to an adequate natural watercourse having definable bed and banks, or to an existing adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. 25. The applicant will be limited to an existing point of discharge into the Walnut Creek Channel, unless an exception is permitted by the Flood Control District. 26. Applicant shall design and construct all storm drainage facilities in compliance with the Ordinance Code and county Public Works design standards. 27. Applicant shall construct improvements to satisfy the collect and convey previsions of the Ordinance prior to filing of the Final Map, OR, prior to issuance of Building.Permits if a grant deed of development rights is dedicated to the County over the lots. Miscellaneous Drainage Requirements: 28. Storm drainage originating on the property and conveyed in a concentrated manner shall be prevented from draining across the sidewalk(s) and driveway(s). 29. The applicant shall install within a dedicated drainage easement any portion of the drainage system which conveys run-off from public streets. Metric Units: 30. The County Public Works Department now requires that all first check submittals and accompanying calculations including Subdivision grading plans, improvement plans, hydrology and hydraulic maps, final maps, parcel maps, right of way plat maps and descriptionswill be in metric units. Exceptions may be permitted by the Public 'Works Department, Engineering Services Division, based upon evidence of substantial hardship. National Pollutant Discharge Elimination System (NPDES) Requirements: 31. The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay -Region II, or Central Valley -Region 'V). Compliance shall include developing long-term best management practices (BMP's) for the reduction or elimination ofstonn water pollutants. The project design shall incorporate some or all of the following long-terns BMP's in accordance with the Contra Costa Clean Water Program for the site's storm water drainage. - Offer pavers for household driveways and/or walkways as an option to buyers. - Minimize the amount of directly connected impervious surface area. - Stenciling all storm drains with"No dumping, Drains to Delta using thermoplastic tape. - Construct concrete driveway weakened plane joints at angles to assist in directing run-off to landscaped/pervious areas prior to entering the street curb and gutter. - Other alternatives as approved by Public Works. 8 ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR TIME PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE 'REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT' A. Comply with the requirements of the Central Contra Costa Sanitary District. B. Comply with the requirements of the Contra Costa Water District. C. Comply with the requirements of the County Building Inspection Department, D. Comply with the requirements of the Contra Costa County Fire District. E. Vesting Tentative Map Rights'-The approval of this vesting tentative snap confers:a vested right to proceed with development in substantial compliance with ordinances, policies, and standards in effect as of June 3, 1998 , the date the vesting tentative snap application was accepted as complete by the Community Development Department. The vested rights also applies to development fees which the County has adopted by ordinance. These fees are in addition to any other development fees which may be specified in the conditions of approval. The fees include but are not limited to the following: Park Dedication $2,000 per residence. Child Care $400 per residence. An estimate of the fee charges for each approved lot may be obtained by contacting the Building Inspection Department at 335-1192. F. Expiration of Vested Ri hits: Pursuant to Section 66452.6(g)of the Subdivision Map act, the rights conferred by the vesting tentative map as provided by Chapter 4.5 of the Subdivision Map act shall last for an initial period of two (2) years following the recording date of the finallparcel snap. These rights pertain to development fees and regulations. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period shall begin for each phase when the final map for that phase is recorded. 9 At any time prior to the expiration of the initial time period, the subdivider may apply for a one-year extension. The application shall be accompanied by the applicable filing fee. if the extension is denied by an advisory agency, the subdivider may appeal that denial to the Board of Supervisors by filing a letter of appeal with the appropriate filing fee with the Clerk of the Board within 15 calendar days. The initial time period may also be subject to automatic extensions pursuant to other provisions of Section 66452.6(8) relating to processing of related development applications by the County. At the expiration of the vesting time period, remaining :development (i-e., new building permits)within the subdivision shall be subject to development fees and regulations in effect at that time. G. Comply with the Bay Area Rapid District (BART) requirements. H. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Central County Area of Benefit as adopted by the Board of Supervisors. I. The project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. The applicant shall be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 96- 11) as they pertain to future construction of any structures on this property. AMB/aa SD 1/8 14 5 c.AMB 6/30/98 7/28/98- CPC (a)