HomeMy WebLinkAboutMINUTES - 08111987 - T.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 11, 1987 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Hearing on Application to Rezone Land (2710-RZ) and
Development Plan 3010-87 Filed by Bellecci and Associates
and Country Investors in the Oakley Area and Appeal of
Mt. Diablo Audubon Society and the Bay Area Chapter of the
Sierra Club on Subdivision 6924 in the Oakley Area.
The Board of Supervisor on July 28, 1987 , deferred decision to
this date on the recommendation of the East County Regional Planning
Commission on rezoning application 2710-RZ to rezone 21. 2 acres of
land located on the west side of O'Hara Road, 850 feet south of the
intersection of Laurel Road and O'Hara Avenue from General Agruculture
(A-2) to Planned Unit District (P-1) and Development Plan 3010-87 to
construct 107 residences filed by Bellecci and Associates (applicants)
and Country Investors (owners) and on the appeal of the Mt. Diablo
Audubon Society and the Bay Area Chapter of the Sierra Club on Subdi-
vision 6924 in the Oakley area.
Jean Mesick, Community Development Department, presented a staff
report addressing the concerns raised by the Board at the July 28,
1987 meeting including the will-serve letters, the water issue and
park dedication fees, the pocket park and park dedication fee credit
Supervisor Torlakson commented on the road issue, his three
conditions of approval he is recommending for projects in the Oakley
area, and the park and he proposed not granting credit against the
park dedication fees, but granting, at the discretion of the Zoning
Administrator, three additional lots in the project.
Supervisor Schroder requested assurance that the park dedication
fee that is being imposed is required by this development.
Supervisor Torlakson moved approval of the project with the
understanding that the applicant and the Zoning Administrator could
work out units up to three more than are in the proposal and with the
imposition of Supervisor Torlakson' s conditions one and two, Exhibit A
attached.
Supervisor Schroder objected to the imposition of condition two.
The Board discussed condition two, relating to the police service
district issue.
Supervisor McPeak requested clarification from staff on the items
of Transportation Systems Management and childcare.
Jean Mesick clarified the two issues for Supervisor McPeak and
read the applicable conditions.
Supervisor McPeak recommended coordination of the developers in
East County on the childcare and Transportation Systems Management
issues.
Supervisor Torlakson commented that there was not a need at this
time to impose his additional condition number three.
1
l
Therefore, IT IS BY THE BOARD ORDERED that rezoning application
2710-RZ and Development Plan 3010-87 are APPROVED with amended condi-
tions, Exhibit B attached,, with Supervisor Schroder recording objec-
tion to condition number two of Supervisor Torlakson' s proposed
additional three conditions as set forth in Exhibit A, and the Board
hereby ADOPTS the East County Planning Commission' s findings as set
forth in Resolution No. 21-1987 as the determinations for these
actions; and Ordinance No. 87-69, giving effect to the aforesaid
rezoning, is INTRODUCED, reading is waived, and August 25, 1987 is set
for the adoption of same, and staff is DIRECTED to prepare the appro-
priate documentation for the Board' s approval; and staff is REQUESTED
to review the requirement of Transportation Systems Management and
childcare with the applicant and meet with developers relative to
these issues.
Supervisor Torlakson moved to amend the motion to include the
denial of the appeal on Subdivision 6924, associated with this
project, by the Mt. Diablo Audubon Society and the Bay Area Chapter of
the Sierra Club.
Therefore, IT IS FURTHER ORDERED BY THE BOARD that the appeal of
the Mt. Diablo Audubon Society and the Bay Area Chapter of the Sierra
Club is DENIED, and the decision of the East County Regional Planning
Commission is UPHELD and the tentative Map for Subdivision 6924 is
APPROVED with amended conditions as attached, Exhibit C. and the Board
hereby ADOPTS the East County Regional Planning Commissions reasons
and/or findings as set forth in its resolution as the determination
for this decision.
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the :ninuaes of the
Board of Supe ors ate shown.
ATTESTED: If IqV7
PHIL BATCH - OR, Clerk of the Board
of Supervisors and County Administrator
By v , Deputy
Orig. Dept. : Clerk of the Board
cc: Community Development Department
County Counsel
County Administrator
Country Investors
Bellecci & Associates
Mt. Diablo Audubon Society
Sierra Club, Bay Area Chapter
Oakley Fire Protection District
Assessor
Building Inspection
Public Works
2
-T-o Torlakson �:` " 300 East Leland Rd.
• Suite 100
Supervisor, District Five f burp, California 94565
Contra Costa County �;< ��*t T�T(41 439.4138
Board of Supervisors 1 V/ iJ
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JUL.?y 1987
DATE: Jul 7, 1987 "N`g"O`"CO�
Y c ce.boAeA of STA CO'oes
�ON1 A OSU CO.
TO: ALL INTERESTED PARTIES Ve
FROM: Tom Torlakson, Supervisor, District. v 1
SUBJECT: EXTRA CONDITIONS PLACED ON EAST COUNTY MAPS
The Board of Supervisors (4-0) at their meeting of
06/23/87, adopted extra conditions proposed on my motions
for approval for the Conners Project on Bethel Island and
the Signature Properties map in Oakley as follows:
Extra Condition #1: The applicant shall pay the amount
of the newly established park dedication fee even if the
county ordinance has not technically become effective. The
Board of Supervisors will soon have a hearing to establish
the new fee amount. These maps shall pay that new fee
amount if the fee is set before the building permits are
issued.
Extra Condition #2: 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
$100 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.
ro�osed Additional Condition for the Bellici Prosect
in Oakley: Building permits shall not be issued unless and
until an approved and validated method for financing the
Highway 4 extra lane project is assured and financed. If
the highway project approval is held up by any party so that
the beginning of work' is delayed beyond the current project
construction startup date of 2/88, then to that extent
building permits shall be also delayed an equal period of
time. The purpose of this condition is to assure additional
capacity on Highway 4 and pace new growth with the
availability of that capacity.
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CONDITIONS OF APPROVAL FOR REZONING AND PRELIMINARY DEVELOPMENT PLAN #2710-RZ
1. This application is generally approved as shown on Final Development Plan
Tentative Maps dated February 13, 1987, as received by the Community Devel -
opment Department.
2. The maximum number of units allowed on this property shall be 110.
3: The applicant shall satisfy the conditions of approval for Subdivision 6924
and Final Development Plan 3010-87.
4. Submit a preliminary geologic and soil report evaluating static and
earthquake-induced conditions. Simplified method using standard penetra-
tion tests shall be used to evaluate liquefaction. At least two test holes
should evaluate soils to a depth of 35 feet unless groundwater is not en-
countered at 25 feet. The report shall be subject to review of the Plan-
ning Geologist; allow 45 days for review. Grading and improvement plans
shall implement recommendations of the approved preliminary soils report.
Final Map shall cite the approved report.
5. Grading plans shall include erosion protection on all slopes five (5) feet
or more in height at 20 percent or steeper gradient. Protection shall be
equal to or better than hydroseeding with mulch. Landscaping shall include
species adapted to well-drained sand selected by a landscape architect.
Grading and landscape plans shall =be reviewed and approved by the Community
Development Department.
6. In consideration of the grant of a density bonus pursuant to Section 65915
and 65913 of the California Government Code, and Polic 1(h) of the Housing
Element of the General Plan, and procedures adopted by the Board of Super-
visors, pursuant thereto the applicant shall , contemplating a for-sale de-
velopment, enter into a Developer Sales Agreement with the County at least
90 days prior to filing of a Final Map (form to be approved by the County) ,
which ensures that a number of units equal to at least 25% of the units
allowed by the General Plan (27 units) are affordable to an occupied by
Lower Income Households. For purpose of this condition, the following def-
initions apply:
a. Low and Moderate Income Households - Households earning 110% or less
of the current median income for Contra Costa County as defined in
Section 50079.5 of the California Health and Safety Code; and
b. Affordable Sales Price - A price determined pursuant to Appendix C of
Procedures to Implement Density Bonus Policy for Affordable and Senior
Citizen Housing scheduled for adoption by the Board of May 5, 1987,
taking into account unit size and Prevailing Interest Rate.
7. Affordable units shall be placed throughout the development in a manner
such that the size and quality of Affordable Units reflect the proportions
in the total development, and that the Affordable Units be spatially dis-
bursed. Prior to filing a Final Map the applicant shall submit to the Zon-
ing Administrator a plan setting forth units to be affordable to lower in-
come households;
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8. Subject to review and approval of the Zoning Administrator, the applicant
may, in the event of financial hardship, request modification to the fore-
going, subject to maintaining conformance with Section 65915 and 65913 of
the Government Code.
9. The applicant shall submit a copy of the proposed Conditions, Covenants and
Restrictions to the Zoning Administrator for review and approval prior to
filing of the Final Map.
10. If archaeological materials are uncovered during grading, trenching, or
other on-site excavation, earthwork within 30 meter 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 measures, if they. are deemed
necessary.
11. The applicant shall pay all Park Dedication fees required by the Park Dedi-
cation Ordinance.
12. Each residence shall connect to the Oakley Water District for water ser-
vice.
13. This project (Subdivision 6924, and 3010-87) shall be restricted by a dec-
laration of covenants, conditions and restrictions (CC & R's) receiving the
prior approval of the Community Development Department and the County Coun-
sel , meeting applicable regulations of the California State Real Estate
Commissioner and providing for a Architectural and Maintenance Committee to
administer and enforce them. The CC & R's shall contain at least the fol-
lowing provisions:
A. A statement that the entire project and properties shall be subject to
all of the conditions and restrictions containedwithin the resolu-
tion(s)
esolu-
tions) adopted by the Board of Supervisors which approve the tenta-
tive subdivision map, final development plan and rezoning. Also, a
statement that the project will be subject to all of the conditions
and restrictions contained in any accompanying approved development or
site plans, elevations and landscape plans.
B. A statement that the Association shall have the power and duty to
maintain, repair, replace, restore, operate and manage all (if any)
common areas and facilitate, improvements, equipment and landscaping
in substantial compliance with the aforesaid approvals for the
project.
C. A statement that any new construction, reconstruction or exterior mod-
ification shall conform to the requirements of Contra Costa County.
A statement substantially in the following form: "The County of
Contra Costa (or any city successor in interest) is hereby given su-
pervisory jurisdiction over the enforcement of the provisions of this
declaration dealing with maintenance, cleanliness, and repair of any
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3
common areas and exterior appearance of the project. In the event of
a breach of any duty pertaining to such maintenance, cleanliness, re-
pair or exterior appearance, the County of Contra Costa may give writ-
ten notice of such breach to the Association, together with a demand
upon the Association to remedy such breach. If the Association refuses
to do so, or fails to take appropriate action within 30 days of the
receipt of such notice, the County of Contra Costa shall have standing
and the right (but not the obligation) to bring an action in a court
of proper jurisdiction to enforce the provisions of this declaration.
Should the County prevail in any such litigation, the Association -
shall be liable for and pay to the County its costs (including attor-
neys' fees and all other involved County staff time) . Nothing con-
tained herein shall limit any other right or remedy which the County
may exercise by virtue of authority contained in ordinance or state
law.
A statement in the CC & R's providing authority for Association to
collect the costs from the owners of property within said project of
any required maintenance and/or enforcement of the CC & R's.
To the extent possible the applicant shall provide to and deposit with
the Architectural and Maintenance Committee, within 6 months of the
time the majority of its governing directors are elected by resident
homeowners, a base line sum to be determined upon review and approval
of the Zoning Administrator which will be restricted to being used to
fund enforcement of these CC & R's by said association.
14. Comply with drainage, road improvement, traffic and utility requirements as
follows:
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.
B.. Convey to the County, by Offer of Dedication, 32.5 feet of additional
right of way on O'Hara Avenue as required for the planned future width
of 110 feet.
C. Relinquish abutter's rights of access along O'Hara Avenue, including
curb returns, with the exception of one access at "A" Street.
D. All interior subdivision streets shall be dedicated to the County and
constructed to County public road standards. The road connecting
O'Hara Avenue to the northerly extension of Danial Drive shall be con-
structed as a 40-foot road within a 60-foot right of way.
E. Mercedes Lane shall be dead end at the northerly boundary of this sub-
division. The applicant shall construct "A" Street as a 40-foot road
within a 60-foot right of way constructed to County public road stan-
dards to the north property line. The applicant shall erect a safety
barrier across the roadway.
����x.17
4
F. Submit a revised Tentative Map to the Zoning Administrator, for review
and approval , showing the revised circulation plan and lot layout.
The revised Tentative Map shall reflect the modifications in these
conditions of approval .
G. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the East/Central County Travel Corridor as adopted by the Board of
Supervisors.
H. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
I. 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 perma-
nent, road and drainage improvements.
J. Prior to issuance of building permits, file the Final Map for Subdivi-
sion 6924.
K. Construct O'Hara Avenue as a 40-foot half width road within a 55-foot
half width right of way. This road shall be constructed with curb
face located 40 feet from =the ultimate road centerline.
L. Install street lights on all streets in this subdivision. The final
number and location of the lights shall be determined by the County
Traffic Engineer.
M. Submit a pavement evaluation study for O'Hara Avenue to the Public
Works Department, Road Engineering Division, for their review and ap-
proval . The study shall be based on corings and deflection tests.
Paving which is determined to be unsuitable shall be reconstructed or
overlaid by the applicant. This study shall also include an analysis
of the vertical alignment of the roadway and shall determine if ad-
justment of the vertical alignment is required for a safe, reasonably
smooth roadway. The applicant shall make any vertical adjustments
which are recommended.
N. Annex this property to the Oakley Area of Benefit and pay the fees
required. If the property is not annexed to the Oakley Area of Bene-
fit prior to filing of the Final Map, then the applicant shall con-
struct off-site road improvements, of at least equal worth, acceptable
to the County Public Works Department, Road Engineering Division. Or,
as an alternate to the construction of all or a portion of these im-
provements, the applicant shall contribute an equivalent amount to a
Road Improvement Fee Trust (Fund No. 819200-0800) designated for road
improvements in the Oakley area prior to the filing of the Final Map.
0. Submit a landscape plan for all work within the public right of way
subject to the review and approval of the Public Works Department,
Engineering Services Division, and the Zoning Administrator. The plan
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5
shall be designed based on the County's Water Conservation Landscaping
Policy with local native plants used as practical .
P. The applicant shall annex this property to Lighting and Landscaping
District 1979-3 LL2 for maintenance of the landscaping, walls, and
other facilities in the dedicated right of way.
Q. The applicant shall be required to construct standard transitions to
the existing pavement and sidewalk areas. The applicant shall submit
scaled drawing showing all elements of the proposed public improve-
ments on O'Hara Avenue for the review and approval of the Zoning Ad-
ministrator and the Public Works Department, Road Engineering Divi-
sion.
R. Acquire right of way and construct frontage improvements across the
adjacent Johnson property.
S. Comply with the drainage fee requirements for Drainage Area 30A as
adopted by the Board of Supervisors.
T. The applicant shall annex this property to Drainage Area 300, for the
maintenance and operation of the drainage area's drainage facilities,
prior to filing of the Final Map. .
U. The applicant shall take all necessary steps required to design the
improvements and apply to the Federal Emergency Management Agency
(FEMA) to remove this property from the 100-year flood hazard area.
Application to FEMA shall be made through the County Community Devel-
opment Department. The applicant shall pay all fees required by FEMA
prior to filing of the Final Map.
` V. "C" Street shall be cul-de-saced west of O'Hara Avenue. At least half
of the cul-de-sac bulb and 20 feet of pavement widening shall be con-
structed at this time.
15. Prior to the filing of the Final Map, the applicant shall obtain a letter
from each agency providing the service indicating the ability to serve the
needs of the development.
16. Provision for a TSM program (Transportation Systems Management) shall be
required with this development. The program shall be submitted for review
and approval of the Zoning Administrator prior to filing of the Final Map.
17. Provision for child care facilities and/or services shall be required for
this development. The program shall be submitted for review and approval
of the Zoning Adminstrator prior to filing of the Final Map.
18. On the provision of police service, the applicant agrees to vote their
property into a special tax area for police service at an intial level of
$100 per parcel annually. This amount shall be adjusted yearly according
to the Bay Area CPI . Furthermore, the Board of Supervisors shall review
6
the assessment amount and adjust it to a higher level as conditions warrant
it.
19. Prior to the filing of the Final Map, the applicant shall submit a traffic
study addressing regional and local traffic circulation, the impact of this
project and including recommendations. This traffic study shall be subject
to- the review and implementation of the Zoning Administrator.
The following are not conditions of approval . However, you should be aware of
them prior to requesting building permits on the parcels of this subdivision.
A. Contra Costa County Building Inspection Department: Meet requirements of
this department.
B. Oakley Fire Protection District: Meet the requirements of this district.
(See attached letters. )
C. Contra Costa County Health Services Department: Meet environmental health
standards.
KK:jn/df
sub4:6924.kk
4/3/87
4/7/87
4/16/87
4/30/87
5/7/87
Revised 5/11/87
Revised 9/9/87
Attachment
Oakley Fire District - March 13, 1987
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN #3010-87
1. This application is generally approved as shown on Final Development Plan
Tentative Maps dated February 13, 1987, as received by the Community Devel-
opment Department.
2. The maximum number of units allowed on this property shall be 110.
3. The applicant shall satisfy the conditions of approval for Subdivision 6924
and Rezoning and Final Development Plan 2710-RZ.
4. Submit a preliminary geologic and soil report evaluating static and
earthquake-induced conditions. Simplified method using standard penetra-
tion tests shall be used to evaluate liquefaction. At least two test holes
should evaluate soils to a depth of 35 feet unless groundwater is not en-
countered at 25 feet. The report shall be subject to review of the Plan-
ning Geologist; allow 45 days for review. Grading and improvement plans
shall implement recommendations of the approved preliminary soils report.
Final Map shall cite the approved report.
5. Grading plans shall include erosion protection on all slopes five (5) feet
or more in height at 20 percent or steeper gradient. Protection shall be
equal to or better than hydroseeding with mulch. Landscaping shall include
species adapted to well-drained sand selected by a landscape architect.
Grading and landscape plans shall be reviewed and approved by the Community
Development Department.
6. In consideration of the grant of a density bonus pursuant to Section 65915
and 65913 of the California Government Code, and Polic 1(h) of the Housing
Element of the General Plan, and procedures adopted by the Board of Super-
visors, pursuant thereto the applicant shall , contemplating a for-sale de-
velopment, enter into a Developer Sales Agreement with the County at least
90 days prior to filing of a Final Map (form to be approved by the County) ,
which ensures that a number of units equal to at least 25% of the units
allowed by the General Plan (27 units) are affordable to an occupied by
Lower Income Households. For purpose of this condition, the following def-
initions apply:
a. Low and Moderate Income Households - Households earning 110% or less
of the current median income for Contra Costa County as defined in
Section 50079.5 of the California Health and Safety Code; and
b. Affordable Sales Price - A price determined pursuant to Appendix C of
Procedures to Implement Density Bonus Policy for Affordable and Senior
Citizen Housing scheduled for adoption by the Board of May 5, 1987,
taking into account unit size and Prevailing Interest Rate.
7. Affordable units shall be placed throughout the development in a manner
such that the size and quality of Affordable Units reflect the proportions
in the total development, and that the Affordable Units be spatially dis-
bursed. Prior to filing a Final Map the applicant shall submit to the Zon-
ing Administrator a plan setting forth units to be affordable to lower in-
come households;
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2
8. Subject to review and approval of the Zoning Administrator, the applicant
may, in the event of financial hardship, request modification to the fore-
going, subject to maintaining conformance with Section 65915 and 65913 of
the Government Code.
o
9. The applicant shall submit a copy of the proposed Conditions, Covenants and
Restrictions to the Zoning Administrator for review and approval prior to
filing of the Final Map.
10. If archaeological materials are uncovered during grading, trenching, or
other on-site excavation, earthwork within 30 meter 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 . measures, if they are deemed
necessary.
11. The applicant shall pay all Park Dedication fees required by the Park Dedi-
cation Ordinance.
12. Each residence shall connect to the Oakley Water District for water ser-
vice.
13. This project (Subdivision 6924, and 3010-87) shall be restricted by a dec-
laration of covenants, conditions and restrictions (CC & R's) receiving the
prior approval of the Community Development Department and the County Coun-
sel , meeting applicable regulations of the California State Real Estate
Commissioner and providing for a Architectural and Maintenance Committee to
administer and enforce them. The CC & R's shall contain at least the fol-
lowing provisions:
A. A statement that the entire project and properties shall be subject to
all of the conditions and restrictions contained within the resolu-
tion(s)
esolu-
tions) adopted by the Board of Supervisors which approve the tenta-
tive subdivision map, final development plan and rezoning. Also, a
- statement that the project will be subject to all of the conditions
and restrictions contained in any accompanying approved development or
site plans, elevations and landscape plans.
B. A statement that the Association shall have the power and duty to
maintain, repair, replace, restore, operate and manage all (if any)
common areas and facilitate, improvements, equipment and landscaping
in substantial compliance with the aforesaid approvals for the
project.
C. A statement that any new construction, reconstruction or exterior mod-
ification shall conform to the requirements of Contra Costa County.
A statement substantially in the following form: "The County of
Contra Costa (or any city successor in interest) is hereby given su-
pervisory jurisdiction over the enforcement of the provisions of this
declaration dealing with maintenance, cleanliness, and repair of any
U)SNEDo ff D.
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3
common areas and exterior appearance of the project. In the event of
a breach of any duty pertaining to such maintenance, cleanliness, re-
pair or exterior appearance, the County of Contra Costa may give writ-
ten notice of such breach to the Association, together with a demand
upon the Association to remedy such breach. If the Association refuses
to do so, or fails to take appropriate action within 30 days of the
receipt of such notice, the County of Contra Costa shall have standing
and the right (but not the obligation) to bring an action in a court
of proper jurisdiction to enforce the provisions of this declaration.
Should the County prevail in any such litigation, the Association -
shall be liable for and pay to the County its costs (including attor-
neys' fees and all other involved County staff time) . Nothing con-
tained herein shall limit any other right or remedy which the County
may exercise by virtue of authority contained in ordinance or state
law.
A statement in the CC & R's providing authority for Association to
collect the costs from the owners of property within said project of
any required maintenance and/or enforcement of the CC & R' s.
To the extent possible the applicant shall provide to and deposit with
the Architectural and Maintenance Committee, within 6 months of the
time the majority of its governing directors are elected by resident
homeowners, a base line sum to be determined upon review and approval
of the Zoning Administrator which will be restricted to being used to
fund enforcement of these CC & R's by said association.
14. Comply with drainage, road improvement, traffic and utility requirements as
follows:
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.
B.- Convey to the County, by Offer of Dedication, 32.5 feet of additional
right of way on O'Hara Avenue as required for the planned future width
of 110 feet.
C. Relinquish abutter's rights of access along O'Hara Avenue, . including
curb returns, with the exception of one access at "A" Street.
D. All interior subdivision streets shall be dedicated to the County and
constructed to County public road standards. The road connecting
O'Hara Avenue to the northerly extension of Oanial Drive shall be con-
structed as a 40-foot road within a 60-foot right of way.
E. Mercedes Lane shall be dead end at the northerly boundary of this sub-
division. The applicant shall construct "A" Street as a 40-foot road
within a 60-foot right of way constructed to County public road Stan-
dards to the north property line. The applicant shall erect a safety
barrier across the roadway.
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4
F. Submit a revised Tentative Map to the Zoning Administrator, for review
and approval , showing the revised circulation plan and lot layout.
The revised Tentative Map shall reflect the modifications in these
conditions of approval .
G. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the East/Central County Travel Corridor as adopted by the Board of
Supervisors.
H. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
I. 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 perma-
nent, road and drainage improvements.
J. Prior to issuance of building permits, file the Final Map for Subdivi-
sion 6924.
K. Construct O'Hara Avenue as a 40-foot half width road within a 55-foot
half width right of way. This road shall be constructed with curb
face located 40 feet from the ultimate road centerline.
L. Install street lights on all streets in this subdivision. The final
number and location of the lights shall be determined by the County
Traffic Engineer.
M. Submit a pavement evaluation study for O'Hara Avenue to the Public
Works Department, Road Engineering Division, for their review and ap-
proval . The study shall be based on corings and deflection tests.
Paving which is determined to be unsuitable shall be reconstructed or
overlaid by the applicant. This study shall also include an analysis
of the vertical alignment of the roadway and shall determine if ad-
justment of the vertical alignment is required for a safe, reasonably
• smooth roadway. The applicant shall make any vertical adjustments
which are recommended.
N. Annex this property to the Oakley Area of Benefit and pay the fees
required. If the property is not annexed to the Oakley Area of Bene-
fit prior to filing of the Final Map, then the applicant shall con-
struct off-site road improvements, of at least equal worth, acceptable
to the County Public Works Department, Road Engineering Division. Or,
as an alternate to the construction of all or a portion of these im-
provements, the applicant shall contribute an equivalent amount to a
Road Improvement Fee Trust (Fund No. 819200-0800) designated for road
improvements in the Oakley area prior to the filing of the Final Map.
0. Submit a landscape plan for all work within the public right of way
subject to the review and approval of the Public Works Department,
Engineering Services Division, and the Zoning Administrator. The plan
5
shall be designed based on the County's Water Conservation Landscaping
Policy with local native plants used as practical .
P. The applicant shall annex this property to Lighting and Landscaping
District 1979-3 LL2 for maintenance of the landscaping, walls, and
other facilities in the dedicated right of way.
Q. The applicant shall be required to construct standard transitions to
the existing pavement and sidewalk areas. The applicant shall submit
scaled drawing showing all elements of the proposed public improve-
ments on O'Hara Avenue for the review and approval of the Zoning Ad-
ministrator and the Public Works Department, Road Engineering Divi-
sion.
R. Acquire right of way and construct frontage improvements across the
adjacent Johnson property.
S. Comply with the drainage fee requirements for Drainage Area 30A as
adopted by the Board of Supervisors.
T. The applicant shall annex this property to Drainage Area 300, for the
maintenance and operation of the drainage area's drainage facilities,
prior to filing of the Final Map.
U. The applicant shall take all necessary steps required to design the
improvements and apply to the Federal Emergency Management Agency
(FEMA) to remove this property from the 100-year flood hazard area.
Application to FEMA shall be made through the County Community Devel-
opment Department. The applicant shall pay all fees required by FEMA
prior to filing of the Final Map.
V. "C" Street shall be cul-de-saced west of O'Hara Avenue. At least half
of the cul-de-sac bulb and 20 feet of pavement widening shall be con-
structed at this time.
15. Pnior to the filing of the Final Map, the applicant shall obtain a letter
from each agency providing the service indicating the ability to serve the
needs of the development.
16. Provision for a TSM program (Transportation Systems Management). shall be
required with this development. The program shall be submitted for review
and approval of the Zoning Administrator prior to filing of the Final Map.
17. Provision for child care facilities and/or services shall be required for
this development. The program shall be submitted for review and approval
of the Zoning Adminstrator prior to filing of the Final Map.
18. On the provision of police service, the applicant agrees to vote their
property into a special tax area for police service at an intial level of
$100 per parcel annually. This amount shall be adjusted yearly according
to the Bay Area CPI . Furthermore, the Board of Supervisors shall review
6
the assessment amount and adjust it to a higher level as conditions warrant
it.
19. Prior to the filing of the Final Map, the applicant shall submit a traffic
study addressing regional and local traffic circulation, the impact of this
project and including recommendations. This traffic study shall be subject
to the review and implementation of the Zoning Administrator.
The following are not conditions of approval . However, you should be aware of
them prior to requesting building permits on the parcels of this subdivision.
A. Contra Costa County Building Inspection Department: Meet requirements of
this department.
B. Oakley Fire Protection District: Meet the requirements of this district.
(See attached letters. )
C. Contra Costa County Health Services Department: Meet environmental health
standards.
KK:jn/df
sub4:6924.kk
4/3/87
4/7/87
4/16/87
4/30/87
5/7/87
Revised 5/11/87
Revised 9/9/87
Attachment
Oakley Fire District - March 13, 1987
CONDITIONS OF APPROVAL FOR SUBDIVISION 6924
1. This application is generally approved as shown on Final Development Plan
Tentative Maps dated February 13, 1987, as received by the Community Devel-
opment Department.
2. The maximum number of units allowed on this property shall be 110.
3. These applications are contingent upon approval of rezoning of the site as
proposed on 2710-RZ.
4. Submit a preliminary geologic and soil report evaluating static and
earthquake-induced conditions. Simplified method using standard penetra-
tion tests shall be used to evaluate liquefaction. At least two test holes
should evaluate soils to a depth of 35 feet unless groundwater is not en-
countered at 25 feet. The report shall be subject to review of the Plan-
ning Geologist; allow 45 days for review. Grading and improvement plans
shall implement recommendations of the approved preliminary soils report.
Final Map shall cite the approved report.
5. Grading plans shall include erosion protection on all slopes five (5) feet
or more in height at 20 percent or steeper gradient. Protection shall be
equal to or better than hydroseeding with mulch. Landscaping shall include
species adapted to well-drained sand selected by a landscape architect.
Grading and landscape plans shall be reviewed and approved by the Community
Development Department.
6. In consideration of the grant of a density bonus pursuant to Section 65915
and 65913 of the California Government Code, and Polic 1(h) of the Housing
Element of the General Plan, and procedures adopted by the Board of Super-
visors, pursuant thereto the applicant shall , contemplating a for-sale de-
velopment, enter into a Developer Sales Agreement with the County at least
90 days prior to filing of a Final Map (form to be approved by the County) ,
which ensures that a number of units equal to at least 25% of the units
allowed by the General Plan (27 units) are affordable to an occupied by
Lower Income Households. For purpose of this condition, the following def-
initions apply:
a. Low and Moderate Income Households - Households earning 110% or less
of the current median income for Contra Costa County as defined in
Section 50079.5 of the California Health and Safety Code; and
b. Affordable Sales Price = A price determined pursuant to Appendix C of
Procedures to Implement Density Bonus Policy for Affordable and Senior
Citizen Housing scheduled for adoption by the Board of May 5, 1987,
taking into account unit size and Prevailing Interest Rate.
7. Affordable units shall be placed throughout the development in a manner
such that the size and quality of Affordable Units reflect the proportions
in the total development, and that the Affordable Units be spatially dis-
bursed. Prior to filing a Final Map the applicant shall submit to the Zon-
ing Administrator a plan setting forth units to be affordable to lower in-
come households;
Exhibit C
2
8. Subject to review and approval of the Zoning Administrator, the applicant
may, in the event of financial hardship, request modification to the fore-
going, subject to maintaining conformance with Section 65915 and 65913 of
the Government Code.
9. The applicant shall submit a copy of the proposed Conditions, Covenants and
Restrictions to the Zoning Administrator for review and approval prior to
filing of the Final Map.
10. If archaeological materials' are uncovered during grading, trenching, or
other on-site excavation, earthwork within 30 meter 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 measures, if they are deemed
necessary.
11. The applicant shall pay all Park Dedication fees required by the Park Dedi-
cation Ordinance.
12. Each residence shall connect to the Oakley Water District for water ser-
vice.
13. This project (Subdivision 6924, and 3010-87) shall be restricted by a dec-
laration of covenants, conditions and restrictions (CC & R's) receiving the
prior approval of the Community Development Department and the County Coun-
sel , meeting applicable regulations of the California State Real Estate
Commissioner and providing for a Architectural and Maintenance Committee to
administer and 'enforce them. The CC & R's shall contain at least the fol-
lowing provisions:
A. A statement that the entire project and properties shall be subject to
all of the conditions and restrictions contained within the resolu-
tion(s) adopted by the Board of Supervisors which approve the tenta-
tive subdivision map, final development plan and rezoning. Also, a
statement that the project will be subject to all of the conditions
and restrictions contained in any accompanying approved development or
site plans, elevations and landscape plans.
B. A statement that the Association shall have the power and duty to
maintain, repair, replace, restore, operate and manage all (if any)
common areas and facilitate, improvements, equipment and landscaping
in substantial compliance with the aforesaid approvals for the
project.
C. A statement that any new construction, reconstruction or exterior mod-
ification shall conform to the requirements of Contra Costa County.
A statement substantially in the following form: "The County of
Contra Costa (or any city successor in interest) is hereby given su-
pervisory jurisdiction over the enforcement of the provisions of this
declaration dealing with maintenance, cleanliness, and repair of any
Exhibit C
3
common areas and exterior appearance of the project. In the event of
a breach of any duty pertaining to such maintenance, cleanliness, re-
pair or exterior appearance, the County of Contra Costa may give writ-
ten notice of such breach to the Association, together with a demand
upon the Association to remedy such breach. If the Association refuses
to do so, or fails to take appropriate action within 30 days of the
receipt of such notice, the County of Contra Costa shall have standing
and the right (but not the obligation) to bring an action in a court
of proper jurisdiction to enforce the provisions of this declaration.
Should the County prevail in any such litigation, the Association -
shall be liable for and pay to the County its costs (including attor-
neys' fees and all other involved County staff time) . Nothing con-
tained herein shall limit any other right or remedy which the County
may exercise by virtue of authority contained in ordinance or state
law.
A statement in the CC & R's providing authority for Association to
collect the costs from the owners of property within said project of
any required maintenance and/or enforcement of the CC & R's.
To the extent possible the applicant shall provide to and deposit with
the Architectural and Maintenance Committee, within 6 months of the
time the majority of its governing directors are elected by resident
homeowners, a base line sum to be determined upon review and approval
of the Zoning Administrator which will be restricted to being used to
fund enforcement of these CC & R's by said association.
14. Comply with drainage, road improvement, traffic and utility requirements as
follows:
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.
B. Convey to the County, by Offer of Dedication, 32.5 feet of additional
right of way on O'Hara Avenue as required for the planned future width
of 110 feet.
C. Relinquish abutter's rights of access along O'Hara Avenue, including
curb returns, with the exception of one access at "A" Street.
D. All interior subdivision streets shall be dedicated to the County and
constructed to County public road standards. The road connecting
O'Hara Avenue to the northerly extension of Danial Drive shall be con-
structed as a 40-foot road within a 60-foot right of way.
E. Mercedes Lane shall be dead end at the northerly boundary of this sub-
division. The applicant shall construct "A" Street as a 40-foot road
within a 60-foot right of way constructed to County public road stan-
dards to the north property line. The applicant shall erect a safety
barrier across the roadway.
Exhibit C
4
F. Submit a revised Tentative Map to the Zoning Administrator, for review
and approval , showing the revised circulation plan and lot layout.
The revised Tentative Map shall reflect the modifications in these
conditions of approval .
G. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the East/Central County Travel Corridor as adopted by the Board of
Supervisors.
H. Prevent storm drainage,' originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
I. 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 perma-
nent, road and drainage improvements.
J. Prior to issuance of building permits, file the Final Map for Subdivi-
sion 6924.
K. Construct O'Hara Avenue as a 40-foot half width road within a 55-foot
half width right of way. This road shall be constructed with curb
face located 40 feet from the ultimate road centerline.
L. Install street lights on all streets in this subdivision. The final
number and location of the lights shall be determined by the County
Traffic Engineer.
M. Submit a pavement evaluation study for O'Hara Avenue to the Public
Works Department, Road Engineering Division, for their review and ap-
proval . The study shall be based on corings and deflection tests.
Paving which is determined to be unsuitable shall be reconstructed or
overlaid by the applicant. This study shall also include an analysis
of the vertical alignment of the roadway and shall determine if ad-
justment of the vertical alignment is required for a safe, reasonably
smooth roadway. The applicant shall make any vertical adjustments
which are recommended.
N. Annex this property to the Oakley Area of Benefit and pay the fees
required. If the property is not annexed to the Oakley Area of Bene-
fit prior to filing. of the Final Map, then the applicant shall con-
struct off-site road improvements, of at least equal worth, acceptable
to the County Public Works Department, Road Engineering Division. Or,
as an alternate to the construction of all or a portion of these im-
provements, the applicant shall contribute an equivalent amount to a
Road Improvement Fee Trust (Fund No. 819200-0800) designated for road
improvements in the Oakley area prior to the filing of the Final Map.
0. Submit a landscape plan for all work within the public right of way
subject to the review and approval of the Public Works Department,
Engineering Services Division, and the Zoning Administrator. The plan
Exhibit C
40
5
shall be designed based on the County's Water Conservation Landscaping
Policy with local native plants used as practical .
P. The applicant shall annex this property to Lighting and Landscaping
District 1979-3 LL2 for maintenance of the landscaping, walls, and
other facilities in the dedicated right of way.
Q. The applicant shall be required to construct standard transitions to
the existing pavement and sidewalk areas. The applicant shall submit
scaled drawing showing 'all elements of the proposed public improve-
ments on O'Hara Avenue for the review and approval of the Zoning Ad-
ministrator and the Public Works Department, Road Engineering Divi-
sion.
R. Acquire right of way and construct frontage improvements across the
adjacent Johnson property.
S. Comply with the drainage fee requirements for Drainage Area 30A as
adopted by the Board of Supervisors.
T. The applicant shall annex this property to Drainage Area 300, for the
maintenance and operation of the drainage area's drainage facilities,
prior to filing of the Final Map.
U. The applicant shall take all necessary steps required to design the
improvements and apply to the Federal Emergency Management Agency
(FEMA) to remove this property from the 100-year flood hazard area.
Application to FEMA shall be made through the County Community Devel-
opment Department. The applicant shall pay all fees required by FEMA
prior to filing of the Final Map.
V. "C" Street shall be cul-de-saced west of O'Hara Avenue. At least half
of the cul-de-sac bulb and 20 feet of pavement widening shall be con-
structed at this time.
15. Prior to the filing of the Final Map, the applicant shall obtain a letter
from each agency providing the service indicating the ability to serve the
needs of the development.
16. Provision for a TSM program (Transportation Systems Management) shall be
required with this development. The program shall be submitted for review
and approval of the Zoning Administrator prior to filing of the Final Map.
17. Provision for child care facilities and/or services shall be required for
this development. The program shall be submitted for review and approval
of the Zoning Adminstrator prior to filing of the Final Map.
18. On the provision of police service, the applicant agrees to vote their
property into a special tax area for police service at an intial level of
$100 per parcel annually. This amount shall be adjusted yearly according
to the Bay Area CPI . Furthermore, the Board of Supervisors shall review
Exhibit C
6
the assessment amount and adjust it to a higher level as conditions warrant
it.
19. Prior to the filing of the Final Map, the applicant shall submit a traffic
study addressing regional and local traffic circulation, the impact of this
project and including recommendations. This traffic study shall be subject
to the review and implementation of the Zoning Administrator.
The following are not conditions of approval . However, you should be aware of
them prior to requesting building 'permits on the parcels of this subdivision.
A. Contra Costa County Building Inspection Department: Meet requirements of
this department.
B. Oakley Fire Protection District: Meet the requirements of this district.
(See attached letters. )
C. Contra Costa County Health Services Department: Meet environmental health
standards.
KK:jn/df
sub4:6924.kk
4/3/87
4/7/87
4/16/87
4/30/87
5/7/87
Revised 5/11/87
Revised-9/9/87
Attachment
Oakley Fire District - March 13, 1987
Exhibit C