HomeMy WebLinkAboutMINUTES - 11151983 - X.21 �K t /Y
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 15, 1903 , by the following vote:
AYES: Supervisors Fanden, Torlakson and McPeak
NOES: None
ABSENT: Supervisors Powers and McPeak
ABSTAIN: None
SUBJECT: Amendment- to July 12, 1983 order approving Rezoning Application 2552-RZ
and Final Development Plan 3018-83 filed by the Hofmann Company, Oakley
area.
Supervisor Torlakson advised that he wished to have the Board
approve an amendment to its July 12, 1983 order approving Rezoning
Application 2552-RZ and Final Development Plan 3018-83 filed by the
Hofmann Company for the Oakley area, to clarify the intent of the Board
with respect to collection of fire facilities fees.
As recommended by Supervisor Torlakson, IT IS BY THE BOARD
ORDERED that the following language is HEREBY ADDED to Paragraph 8 of its
July 12, 1983 order, a copy of which is attached hereto and by reference
made a part hereof:
"In relationship to a fire facilities "fair and appropriate
share," this would be collectible no later than at the
Building Permit stage for any permits taken out after adoption
of the Fire Facilities Master Plan. For any permits taken
out prior to adoption of final policies and/or fees in the
Master Plan, the "fair and appropriate share" would apply to
those residential lots retroactive, and be payable when
needed in the Oakley Fire Protection District."
1 kapeby ter"that this a s tnuand correct copy of
an action 1-1, and entered on the ndnuUa of the
Board of Supentao�n_on.the date shown.
ATTESTED:�`� pie&
J.R.OLSSON,COUNTY CLERK
and on officlo Clerk of the Board
By - �'�` . Deputy
Orig. Dept.: Cl erk
cc: Board Members
Director of Planning
County Counsel
Building Inspection
County Administrator 2 3
Hofmann Company
Oakley Fire Protection District
r .
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 12, 1983 by the following vote!
AYES: Supervisor Powers, Fanden, Torlakson and Schroder
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None
SUBJECT: Hearing on Rezoning Application of the Hofmann Company
(2552-RZ) from A-2 and R-10 to Planned Unit District
(P-1) with conditions and the Final Development Plan
#3018-83, with conditions, Oakley area.
This being the time fixed for hearing on the recommen-
dation of the County Planning Commisssion with respect to the appli-
cation filed by The Hofmann Company (2552-RZ) from A-2 and R-10 to
/ Planned Unit District (P-1) with conditions and the Final
Development Plan #3018-83, with conditions; and
Harvey Bragdon, Assistant Director of Planning, having
described the property site, having adivsed that the Planning
Commisssion recommends approval, and further having advised that it
was found that the project may have significant effect on the
2 environment, but that the impacts are adequately addressed in the
environmental impact report previously prepared and certified for
the Oakley Consolidated General Plan Amendment; and
Chairman R. I. Schroder having opened the public hearing,
3 and
Eric Hasseltine, representing the Hofmann Company, having
objected to certain of the of Planning Commissions "Conditions of
Approval for Preliminary Development Plan 2552-RZ, #3018-83" relating
to the infrastructure, and having requested the Board to approve the
rezoning and final development plan, and in so doing to remove the
requirement of a $300 per unit fee for infrastructure, leaving the
requirement that applicant comply with the Fire Facilities Master
Plan; and
The following persons having presented testimony with
S respect to the proposed rezoning:
Joyce Mandesian, representing the Oakley Union School
Distkict;
Cecilia Rodrigues, Oakley resident;
James Arnold, Oakley resident;
Terri Arnold, Oakley resident; and
6 The Chairman having declared the hearing closed; and
Board members having considered the matter and having
discussed the issues raised including equitably spreading costs for
schools, traffic studies and fire protection, open space, buffering
fences, and compatability of proposed two-story with existing one-
story residences; and
238
Supervisor Torlakson having recommeded that the applica-
tion be approved with the understanding that the Planning
Commission' s conditions of approval No. 7 and 8 be modified to show
6 that the developer has offered and agrees to pay its appropriate
!J share of the costs of providing fire protection and school facili-
ties as shown on the School Facilities Master Plan and the Fire
Facilities Master Plan AS MAY BE ADOPTED by the Board of Supervisors
to provide adequate infrastructure for the Oakley General Plan area;
IT IS BY THE BOARD ORDERED that Rezoning Application
2552-RZ from A-2 and R-10 to Planned Unit District (P-1) and the
Final Develo ment Plan No. 3018-83, subject to revised conditions,
(Exhibit A attached hereto and reference made a part hereof) are
APPROVED.
IT IS FURTHER ORDERED that Ordinance Number 82-29 giving
effect to the aforesaid rezoning is INTRODUCED, reading waived and
July 26, 1983 is set for adoption of same.
I twraby oer ft that this is a true and corrod copy of
an action taker,and ontered on the minutes of tha
Board of Supervisors on tho date shown.
ATTESTED: �._
J.R. f}Lf.A?t, !:^ ;[::►1' CLERK
and ex olf;clo Clerk of the Board
By , Deotty
Orig. Dept: Clerk of the Board
cc: Planning Department
Hofmann Company
Oakley Fire Protection District
Building Inspection Dept.
County Health Dept.
County Assessor
239
CONDITIONS OF APPROVAL FOR PRELIMINARY DEVELOPMENT PLAN 2352-RZ , #3018-83.
1. This approval Is based on the rezoning submitted March 3l, 1983 with exhibits
received by the Planning Department and modified by these conditions:
Exhibit "A" -Final Development Plan and Tentative Subdivision Map, Scale 1"=1001,
dated May 25, 1983.
Exhibit "B" - Site Plan Study, Scale 1/811=1'for four typical zero lot line units.
2. All land uses, yard and height measurements shall be subject to review and approval
by the Zoning Administrator. The guide used to establish these requirements shall be
the dimensions indicated on Exhibit "B" which are as follows:
A. Frontyard setback - 15' min.
B. Sideyards- 3 ft. min (10 ft. between buildings).
C. Rearyard - 15 ft. min.
3. Accessory structures will be permitted, subject to review by the Zoning Adminis-
trator. Three or four alternative patio cover designs shall be submitted for Zoning
Administrator approval. Building restrictions (deed restrictions) shall require ad-
herence to the approved design.
4. The fences between the units shall be subject to review by the Zoning Administrator
and shall be installed by the developer.
5. The fence between the proposed shopping center and this project shall be an 3400t
masonry wall subject to review by the Zoning Administrator.
6. The project shall be developed as one unit and not phased.
7. The applicant shall comply with the requirements of the School Facilities Master Plan
at the time of issuance of a building permit, subject to review by the Zoning
Administrator.
8. The applicant shall comply with the requirements of the Fire Facilities Master Plan
at the time of Issuance of a building permit, subject to review by the Zoning
Administrator.
9. The applicant shall comply with the requirements of the overall comprehensive .
traffic plan for the Oakley area at the time of filing the Final Subdivision Map,
subject to review by the Director of Public Works.
10. The number of lots shall not exceed 149 residential units.
240
2552-RZ Pg 2
11. All utilities shall be placed in an underground system. The development shall be
serviced by a cable television system. No television antennas shall be permitted.
12. Sewage disposal serving the properties concerned in this project shall be provided by
the Oakley Sanitary District. Wherever possible each individual living unit shall be
served by a separate sewer connection. The sewers located within the boundaries of
the properties concerned should become an integral part of the Oakley Sanitary
District's sewerage collection system.
13. Water supply serving the properties concerned shall be by the Oakley Water District.
Wherever possible each individual living unit shall be served by a separate water
connection. Such water distribution system, located within the boundaries of the
properties concerned in this project should become an Integral part of the Oakley
Water District's overall water distribution system.
14. Any deviation or changes affecting the concept of the project on file with the
Department of Health Services-Environmental Health and dated April 5, 1983 shall be
resubmitted for review to determine if such deviations or changes for the project can
be considered acceptable to the Health Officer.
15. Comply with the requirements of the Building Inspection Department as outlined In
their memo of May 3, 1983 regarding a grading permit prior to site grading.
16. A soils report shall be filed with the grading engineer, prior to site development. The
report shall evaluate liquefaction potential from subsurface investigation.
17. A street tree shall be provided to each homeowner for planting in the front yard. It
shall be a 13 gallon tree and a variety which is desirable for the location.
18. The design of all the units shall be subject to review and approval by the Zoning
Administrator as to layout, design, building plans and elevations, building materials,
color and other pertinent physical features.
The developer shall furnish house numbers to each unit that
are easily seen, which may -require illumination.
19• Comply with the requirements of the Department of Public Works as follows:
A. ' Unless exceptions are specifically granted, comply with the requirements
of Division 1006 (Road Dedication and Setbacks) of the County Ordinance
Code. This includes the following:
1. Convey to the County, by Offer of Dedication, additional right
of way on Cypress Road as necessary in order to provide for a
92-foot right of way immediately west of Highway 4 and transitioning
to a 60-foot right of way at Mellowood Drive.
2. Construct curb, 4-foot 6-inch sidewalk (width measured from curb
face), necessary longitudinal and transverse drainage, and pavement
widening on Cypress Avenue. The location of face of curb shall
be designed by the developer's engineer and subject to the approval
of the County Public Works Department, 241
2532-RZ Pg 3
3. Install street lights on Cypress Avenue. The final number and
location of the lights will be determined by the utility company
and approved by the Traffic Engineer,
4. Relinquish abutter's rights of access along Cypress Avenue with
the exception of Mellowood Drive and an access at the westerly
property line of Parcel A.
B. All interior streets shall be dedicated to the County and constructed
to County public road standards.
C. Convey to the County, by offer of dedication, the right of way for
the "H" Street extension to Highway 4 and the north/south connection
to the Clearwood Drive extension within the property.
D. Construct the "H" Street extension to Highway 4 and the north/south
connection adjacent to Lot 54, to County public road standards.
E. Construct curb, 10-foot sidewalk/bicycle path (to be separated from
the curb by 4 feet), necessary longitudinal and transverse drainage,
a half width 45-foot roadway, and a median island (including surface
treatment) on State Highway 4.
F. In accordance with Section 82-2.014 of the County Ordinance Code,
this development shall conform to the requirements of Division 914
(Drainage) of the Subdivision Ordinance.
G. An encroachment permit for construction within the State right of
way shall be obtained from Caltrans through the Public Works Department,
Land Development Division.
H. Prevent storm drainage, originating on the property and conveyed in
a concentrated manner, from draining across the sidewalk or on driveways,
I. Furnish proof to the Public Works Department, Land Development 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.
J. Install all new utility distribution services underground...
K. Submit improvement plans prepared by a registered civil engineer to
the Public Works Department, Land Development Division, for review;
pay the inspection, plan review and applicable lighting fees. These
plans shall include any necessary traffic signing and striping plans
for review by the County Traffic Engineer. The improvement plans
shall be submitted to the Public Works Department, Land Development
Division, prior to the issuance of any building permit. The- review
of improvement plans and payment of all fees shall be completed prior
to the clearance of any building for occupancy Ey the Public Works
Department. If final inspection is requested prior to construction
of improvements, the applicant shall execute a road improvement aqreement
with Contra Costa County and post the bonds required by the agreement
to guarantee completion of the work.
242
2532-RZ Pg 4
L. Obtain an encroachment permit from the Public Works Department, Land
Development Division, for construction of driveways or other improvements
within any County-maintained right of way.
M. Comply with the acreage fee requirements for Drainage Area 30A as
adopted by the Board of Supervisors.
N. Mitigate the impacts of traffic from this development by constructing
and funding 100 percent of the cost of signalizing the Cypress/Highway
4 and "H" Street Extension/Highway 4 intersections. The County will
furnish the design of the signals under a separate agreement with
the developer.
NLH:ed9asub
6/9/93
6/23/83
243