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HomeMy WebLinkAboutMINUTES - 09091986 - T.9 THE BOARD OF :SUPERVI'S'ORS OF CONTRA COSTA COUNTY,, CALIFORNIA T.9 Adopted this Order on September 9 , 1986 , by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, and Powers NOES: Supervisor Torlakson ABSENT: None ABSTAIN: None SUBJECT: Hearing on Rezoning Application 2672-RZ and Development Plan 3020-86 and Tentative Map of Subdivision 6742 filed by Al and Kathy Hopkins and Paul and Margaret Szopieray in the E1 Sobrante area. This is the time for hearing on the recommendation of the Contra Costa County Planning Commission with respect to applications filed by Al and Kathy Hopkins (applicants) and Paul and Margaret Szopieray (owners) (2672-RZ) to rezone land in the E1 Sobrante area from Planned Unit District (P-1 ) with a 60 unit maximum to Planned Unit District (P-1 ) with a 72 unit maximum and Development Plan 3020-86 and a tentative subdivision map 46742 for a one lot sub- division of the 6.05 acres in the El Sobrante area; and Harvey Bragdon, Director of Community Development, described the property site and advised that a Negative Declaration of Environmental Significance was posted for these applicantions; and The Board members were given a copy of a memo from Art Beresford of the Community Development Department regarding an addi- tional condition of approval with respect to the applicant working with the Richmond Unified School District. The Chairman opened the public hearing. Alan Hopkins, 3575 San Pablo Dam Road, El Sobrante, appli- cant, appeared to speak in favor of the project and had no objection to any of the conditions;__ Joseph Berter a, 559 E1 Cerro Drive, El Sobrante, appeared and expressed concerns including potential slide problems, drainage and fencing on the western side of the project; The applicant spoke in rebuttal on the concerns including the fencing and slides. The Chairman closed the hearing. Supervisor Fanden requested the County Geologist, Todd Nelson, be consulted regarding Mr. Bertero' s concerns. Todd Nelson, County Geologist, appeared and responded to Board members questions with respect to slides, drainage and appropriate conditions. The Board discussed the matter. Supervisor Fanden recommended approval of the project with two additional conditions, one concerning the fencing on the western side of the project being all new and the other the additional con- dition in the memo concerning the Richmond Unified School District. Supervisor Torlakson recommended continuing the matter for two weeks to have information back on the proposed countywide policy for police service districts. Supervisor Torlakson moved to amend the original motion to include participation in whatever policy would be developed for police service districts with a cap. The amendment died for lack of a second. On. the recommendation of Supervisor Fanden, IT IS BY THE BOARD ORDERED that Rezoning Application 2672-RZ , Development Plan #3020-86 with amended conditions imposed by the Planning Commission and the Board of Supervisors (Exhibit A attached hereto and by reference made a part hereof) , and Tentative map for Subdivision #6742 with conditions imposed by the Planning Commission and the Board of Supervisors (Exhibit B attached hereto and by reference made a part hereof) are APPROVED and the Board hereby adopts the Planning Commission' s reasons , set forth in its Resolution No. 39-1986 as its determinations for this decision. IT IS FURTHER ORDERED that Ordinance Number 86-83 giving effect to the aforesaid rezoning is INTRODUCED, reading waived and September 23, 1986 is set for adoption of same. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supery ors onthe ate shown. ATTESTED. Iq PHIL BATC LOR, Clerk of the Board of Supervisors and County Administrator b ,_ByP. , Deputy Orig. Dept. : Clerk of the Board cc: Director of Community Development County Counsel County Administrator Public Works Al & Kathy Hopkins Paul & Maraeret Szopieray Joseph Bertera CONDITIONS OF APPROVAL FOR 2672-RZ 1. This approval is based upon the exhibits received by the Planning Dept. , and listed as follows: A. Exhibit A - Preliminary Development Plan, 72 unit condominium develop- ment, scale 1-inch = 40-ft., received March 11, 1986. B. Exhibit B - Preliminary Floor Plans, received March 11, 1986. C . Exhibit C - Selected Site Elevations and Sections, received March 11, 1986. D. Exhibit D - Conceptual Landscape Plan, received March 11, 1986. 2. The total number of units shall not exceed 72 units. 3. Sewage disposal serving the properties concerned in this application will be provided by ,the West Contra Costa County Sanitary District. Each individ- ual living unit will be served by a separate sewer connection. The sewers located within the boundaries of the properties concerned will become an integral part of the Central Contra Costa County Sanitary District's sewerage collection system. 4. Water supply serving the properties concerned will be by the East Bay Muni— cipal Utility District. Such water distribution system, located within the boundaries of the properties concerned in this application will become an integral part of the East Bay Municipal Utility District's overall water distribution system. Each individual living unit will be served by a sep- arate water connection. 5. Comply with the requirements of the West County Fire District including the provision for water supply and fire hydrants, as determined by the District. 6. The convenants, conditions and restrictions (C.C. & R 's) developed for this project -will include the following deed restrictions: A. No recreational vehicle, boat trailer or mobile home will be stored on the site overnight. B. Provision for control of pets. 7. A suitable recreation building shall be required near the proposed pool . CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3020-86: 1. This approval is based uponthe exhibits received by the Community Development Department and listed as follows: A. Exhibit "A" - Preliminary Development Plan, scale 1"=40' received March 11, 1986. B. Exhibit "B" - Preliminary Floor Plans, received March 11, 1986. C. Exhibit "C" - Selected Site Elevations and Sections, received March 11, 1986. D. Exhibit "D" - Conceptual Landscape Plan, received March 11, 1986. 2. The total number of units shall not exceed 72 units. 3. This approval is subject to adoption of an Ordinance for the rezoning of the subject property under application 2672-RZ. The final number and lay- out of units shall reflect the Boards approval . 4. The proposed buildings shall be similar to that shown on submitted plans. Prior to the issuance of a building permit elevations and architectural de- sign of the building and building roof material shall be submitted for final review and approval by the County Zoning Administrator. The roofs and exterior walls of the building shall be free of such objects as air conditioning or utility equipment, television aerials, etc. , or screened from view. The building shall be finished in wood or other materials acceptable to the Zoning Administrator. Exterior colors shall be approved by the Zoning Administrator. 5. Comply with landscaping requirements as follows: A. A landscaping program for all areas shown on the submitted plot plan shall be submitted for review and approval of the Zoning Administrator at least 30 days prior to issuance of building permits. A cost esti- mate shall be submitted with the landscaping program plan. The Zoning Administrator shall consider sound attenuation in the review of the landscaping program. B. California native species shall be used as much as possible. All trees shall be 15 gallon size, all shrubs shall be 5 gallons size. Trees should be of a drought tolerant type. The access road area shall landscaped with trees on each side. C. A tot lot area for small children shall be developed near the pool area. The play area shall be in view of the pool area. The pool shall be fenced in accordance with County Ordinance. The Zoning Administrator shall review these plans along with landscape plans. 3020-86 Page 2 D. The south side of the development shall be fenced with a 6 ft. high solid wood fence. The existing fences on the western side of the property shall be replaced by a new 6' high solid wood fence. A cyclone fence shall be erected along the northern property line and the upper portion of the eastern property line. A vine type plant shall be planted so that it can grow up and around the cyclone type of fence. The cyclone fence shall be a brown color or some other color acceptable to the Zoning Administrator. E. The spaces between the buildings shall be landscaped. A path way con- necting the various street levels shall be developed in these areas along with a few small sitting areas. F. The utility meters 'shall be placed in unobtrusive areas and shall be screened with landscaping and, if needed, low walls or fences. 6. The site lighting shall be of low intensity and shall be deflected to shine only onto the site. The lighting of the recreational area shall be re- viewed and approved by the Zoning Administrator at least 30 days prior to issuance of a building permit. 7. Each unit shall have address numbers that are clearly visible day and night to the street in front of the unit. 8. Sewage disposal serving the properties concerned in this application shall be provided by the West Contra Costa Sanitary District. Each individual living unit shall be served by a separate sewer connection. The sewers located within the boundaries of the properties concerned shall become an integral - part of the Central Contra Costa County Sanitary District's . sewerage collection system. 9. Water supply serving the properties concerned shall be by the East Bay Municipal Utility District. Such water distribution system located within . the boundaries of the properties concerned in this application, shall be- come an integral part of the East Bay Municipal Utility District's overall water distribution system. . Each individual living unit shall be served by a separate water connection. 10. Comply with the requirements of the West County Fire Protection District including provision for water supply and fire hydrants, as determined by the District. 11. Covenants, Conditions and Restrictions shall be submitted for review with the Final Subdivision Map, subject to review by the Community Development Department. This document shall provide for establishment, ownership and maintenance of the common open space and parking, fire protection, fencing, private streets, drainage maintenance and pet control . 3020-86 Page 3 12. The Covenants, Condition and Restrictions (C.C. & R.-s) developed for this project shall include the following deed restrictions; A. No recreational vehicle, boat trailer or mobile home shall be stored on the suite overnight. B. Control of pets. 13. The design, color and location of any project sign at the front of the property shall be reviewed and approved by the Zoning Administrator. 14. Parking and driveway areas shall be paved so as to prevent ponding of water or the creation of dust. Uncovered parking spaces for use by the various units shall be clearly marked. Narrowed areas shall have curbs painted red and/or signed for no parking. 15. The existing road to the neighboring school shall be removed and the area shall be planted with a suitable mix of annual grasses, wild flowers and if the applicant wishes, trees and bushes. If agreeable to the school , four additional parking spaces shall be developed at or near the sites entrances onto Appian Way. Also, if agreeable to the owner, one of the dairy's en- trances onto Appian Way shall be closed. 16. Provide at least one handicapped space for guest parking. 17. If archaeologic materials are uncovered during grading, trenching, or other on-site excavation, earthwork within 30 meters 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 Archae- ology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures, if they are deemed neces- sary. 18. All garages shall be fitted and maintained with automatic garage door openers. 19. Each unit shall have at least 50 cubic feet of protected storage space ex- clusive of normal closets. 20. Cut slopes of 5 feet or greater height shall be over excavated and rebuilt as subdrained buttress fills. The west slope shall be provided a filter blanket and/or other subsurface drainage. Prior to issuance of Building Department permits, grading plans shall be submitted for review and ap- proval of the County Geologist. Allow 45 days for review. Retaining walls three (3) feet or greater in height shall be of concrete or other permanent material , designed in accordance with the geotechnical reports for the project. i�ll►1t�1�_o� U 3020-86 Page 4 All cleared, graded, or otherwise disturbed earth surfaces shall be provided with drainage control and landscaped, protected with tacked jute netting on slopes which exceed 5 percent, prior to October 15 following any grading or clearing. Building permits shall not be issued until slope erosion control is approved by the Community Development Department. All grading shall be between April 1 and October 16. 21. A grading bond will be required. Amount of bond shall be based on the amount of earth material to be excavated and or filled. Grading plan shall indicate maximum and minimum excavation limits. 22. Comply with the requirements of the Building Inspection Department, Grading Division including the following: A. Submit four (4) copies of plan showing the existing contours, the ex- tent of the proposed grading, drainage improvements and general site development. B. Plans accompanying the application for building permits shall show the existing contours, the extent of the proposed grading and drainage im- provements, and be reviewed by the Grading Section prior to issuance. C. A licensed soil engineer shall be required to control grading operations and to report on the ability of the site to support the improvements anticipated. Final soils report to Building Inspection Department. 23. The name of the Access Drive shall be approved by the Community Development Department and the Fire District. 24. A 4' wide side walk shall be required along one side of the access drive from the side walk on Appian Way to the point where the loop road began. Adequate paths shall be developed on the site for interior pedestrian cir- culation. 25. Recycling areas shall be developed for the sites. These areas shall be property screened from view. 26. Comply with the requirements of the Park Dedication Ordinance. 27. A suitable vehicle crash barrier shall be located between the access drive - and the building near the drive's intersection with Appian Way. ��UNU W 3020-85 Page 5 28. 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. Requirements of the Ordinance include the following: 1) Improvement of the access road at its intersection with Appian Way to provide for a minimum width of 32 feet and 20-foot curb returns. The remainder of the access road shall be constructed as shown on the Tentative Map. B. Obtain, and convey to the County, by Offer of Dedication, addi- tional right of way, as necessary, for the improvement of the intersection of the access road and Appian Way. If, after good faith negotiations, the applicant is unable to acquire necessary rights of way and easements, he shall enter into an agreement with the County to complete the necessary improvements at such time as the County acquires the necessary interests in accordance with Section 66462 and 66462.5 of the Subdivision Map Act. C. Install a stop sign (R1) at the intersection of the access road and Appian Way. D. Construct the on-site driveway system to current County private road standards with a minimum width of 16 feet. E. Furnish proof to the Public Works Department, Engineering Servic- es Division, that legal access to the property is available from Appian Way. F. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Richmond/E1 Sobrante as adopted by the Board of Supervisors. G. Comply with the drainage fee requirements for Drainage Area 73 as adopted by the Board of Supervisors. H. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across driveways. I. Furnish proof to the Public Works Department, Engineering Servic- . es 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. Prior to issuance of building permits, file the Final Map for Subdivision 6742. 3020-86 Page 6 29. The developer shall reach an agreement with the Richmond Unified School District to provide funding on a unit assessment basis for the provision of school housing. A public hearing and review will not be required if a reasonable compromise regarding unit assessment is reached between the developer and school district. If an agreement cannot be reached, this condition can be brought back for further Zoning Administrator review and change. CONDITIONS OF APPROVAL FOR SUBDIVISION 6742: 1. This approval is based upon the tentative map dated received by the Planning Department on March 4, 1986. The final map for subdivision 6742 shall not be filed until final action is taken on the Preliminary Development Plan (2020-86) rezoning application filed on the subject property (2672-RZ) . The final map shall reflect the final number of units approved. 2. The total number of units shall not exceed 72 units. 3. Comply with the requirements of the Parks Dedication Ordinance. 4. Sewage disposal serving the properties concerned in this application shall be provided by the West Contra Costa Sanitary District. Each individual living unit shall be ,served by a separate sewer connection. The sewers located within the boundaries of the properties concerned shall become an integral part of the Central Costa Costa County Sanitary District's sewer- age collection system. 5. Water supply serving the properties concerned shall be by the East Bay Municipal Utility District. Such water distribution system system located within the boundaries of the properties concerned in this application, shall become an integral part of the East Bay Municipal Utility District's overall water distribution system. Each individual living unit shall be served by a separate. water connection. 6. Comply with the requirements of the West County Fire Protection District in regards to provision of fire hydrants and adequate fire protection measures. 7. Covenants, Conditions & Restrictions shall be submitted for review with the Final Subdivision Map, subject to review by the Planning Department. This document shall provide for establishment, ownership and maintenance of the common open space and parking, fire protection, fencing, private streets and drainage maintenance. 8. The Covenants, Conditions and Restriction (C.C. & R's) developed for this project shall include the following deed restrictions; A. No recreational vehicle, boat trailer or mobile home shall be stored on the site overnight. B. Provisions for control of pets. 9. If archaeologic materials are uncovered during grading, trenching, or other on-site excavation, earthwork within 30 meters 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. ENE S. 10. Prior to filing the Final Subdivision Map, plans shall be submitted to the Planning Department for house numbering and approval of street names. 11. The dimensional layout of the lots of this subdivision are approved. The Zoning Administrator can review and administratively amend these if necessary in the future. 12. 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. Requirements of the Ordinance include the following: 1) Improvement of the- access road at its intersection. with Appian Way to provide for a minimum width of 32 feet and 20-.foot curb returns. The remainder of the access road shall be constructed as shown on the Tentative Map. B. Obtain; and convey to the County, by Offer of Dedication, addi- tional right of way, as necessary, for the improvement of the . intersection of the access road and Appian Way. If, after good faith negotiations, the applicant is unable to acquire necessary . rights of way..and easements, he shall enter into an agreement with the County to complete: thio necessary improvements at such time as the County acquires th'e' necessary interests in accordance with Section 66462 and 66462.5 of the Subdivision Map Act. C. Install a stop sign (R1) at.the intersection of the access road and Appian. Way. D. Construct the on driveway system to current County private road standards with a minimum width of 16 feet. E. Furnish proof to the Public Works Department, Engineering Servic- es Division, that legal access to the property is available from Appian Way. t F. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Richmond/El Sobrante as adopted by the Board of Supervisors. G. ' Comply with the .drainage fee requirements for Drainage Area 73 as adopted by the Board of Supervisors. H. Prevent storm drainage, originating on the property. and conveyed in a concentrated manner, from draining across driveways. I . Furnish proof to the Public Works Department, Engineering Servic- es 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. Prior to issuance of building permits, file the Final Map for Subdivision 6742. Page.TwoMEW 8