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HomeMy WebLinkAboutMINUTES - 12011987 - T.10 T. 10 3CiARD OF SUPERVISORS • • SROM: Harvey E. Bragdon Col(a Director of Community Development Cost„ )ATE: November 3, 1987 W^ ;UBJECT:!. Rearing on Rezoning Application #2715-RZ to rezone 30+ acres of land located on the east side of State Highway 4, southeast of its intersection with Laurel Road in the Oakley area from Single Family Residential (R-10) to Planned Unit District (P-1) filed by James R. Stedman & Associates, Inc. (Applicants) and Don Clemetson (Owner) . ;PECIFIC REQUSST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation as being adequate. 2. Approve the Rezoning Application #2715-RZ as recommended by the East County Regional Planning Commission. 3. Adopt the East County Regional Planning Commission's findings as set forth in Resolution No. 58-1987 as the determinations for these actions with conditions of approval hereto attached. 4. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set date for adoption of same. DONTINUED ON ATTACHN!ENT: YES SIGNA T4 _ RECOMMENIDATION OF COUNTY ADMINISTRATOR _ RE ON O ARD COlII1IITTEE APPROVE OTHER 5IGNIATURE(S) : ACTION OF BOARD ON Decemner J., 1981 APPROVED AS RECOMMENDED OTHER Jean Mesick, Community Development Department, gave the staff pre- sentation of the project commenting on the proposed site of the pro- ject, the density, a proposed small park, will-serve letters to satisfy the Oakley Area General Plan, conditions for Transportation Systems Management, childcare, police services, deed restrictions and CC&R's that have been applied to other developments in Oakley, and requested an additional condition that the residential units along Laurel' Road be maintained for single story. Ms. Mesick com- mented that staff recommendation to the Board would be to have the Board declare their intent to approve the rezoning, the preliminary development plan and also that the Board request findings be brought back before the Board. The public hearing was opened and the following people appeared to speak: John Stremel, Stremel Enterprises and California Land Research, representing the applicant, commented on issues including the staff report, the property having been processed in the past to a tentative subdivision map, compliance with the old and new Oakley General Plan, childcare facility, and buffering. He requested approval for the project; ; Harold Hayden, Route 4, Box 21B, Oakley, presented a request to speak, but when called on by the Chair, commented that he would hold his opinion; 1. Anne Way, 4004 Creekside Court, Oakley, representing the , Windmill Farms Homeowners Association, appeared as a proponent for the rezoning with two requests: 1 . Approval of the rezoning with all of the conditions presented; 2. The single story homes along Laurel Avenue which were covered by Ms. Mesick. Ms. Way also com- mented on the issue of a deferred improvement agreement for signali- zation and requested that the density of the project be kept to 5 units per acre. Jean Mesick responded to the issue of signalization and clarified that condition 11 U is to execute a deferred improvement agreement for signalization. Ms. Way commented additionally on the issue of childcare and requested that the childcare facility established be for the residents of the subdivision and not be open to all of Oakley or a traffic problem could be created. Supervisor McPeak responded to Ms. Way's concerns relative to childcare and commented that slots for childcare could not be restricted because of the need for full enrollment for the childcare provider to be able to remain in business but that priority would be given to residents. Supervisor McPeak questioned the density on the project. Supervisor Torlakson commented that staff in the Community Development Department is developing language for a buffering policy as it might pertain to going below the density floor in certain cir- cumstances where it interfaces with existing density of larger lot sizes and it would affect only a minimal number of cases in the Oakley General Plan, and that this matter should be before the Board in January 1988. Mr. Stremel commented that he would not rebut testimony but agreed with whatever density would be recommended by Mr. Torlakson. The public hearing was closed. Supervisor Torlakson moved to approve the project per the staff recommendations adding the specific designation of the single story homes along Laurel Avenue and further by restricting the den- sity to the floor at 5 units to the acre. Jean Mesick requested the condition be worded not to exceed 112 unit total. Supervisor Torlakson commented that was acceptable. Therefore, IT IS BY THE BOARD ORDERED that the Board DECLARES ITS INTENT to approve staff recommendations 19 2 with amended conditions, 3, and Ordinance No. 88-5, giving effect to the rezoning is INTRODUCED; and the Community Development Department is DIRECTED to prepare the appropriate documentation for Board con- sideration. I HEREBY CffiM'IFY THAT THIS IS A R UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: ROES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. c: Community Development Dept. ATTESTED December 1, 1987 County Counsel PHIL BATCHELOR, CLERK OF James R. Stedman & Associates THE BOARD OF SUPERVISORS Don Clemetson AND COUNTY ADMINISTRATOR BY of A A.I DEPUTY 2. CONDITIONS OF APPROVAL FOR PRELIMINARY DEVELOPMENT PLAN 2715-RZ 1. This approval is based upon the preliminary development plan, schematic building elevation drawing and other material submitted with the applica- tion dated received by the Community Development Department September 21, 1987. 2. This approval is for not more than 124 residential lots serving to give direction in preparation of the Final Development Plan. Each segment of this proposed development shall be subject to further review when the Final Development Plan is submitted. Additional requirements, modifications or reduction of lots may be specified with review of the Final Development Plan. 3. The guide for development including dimensional requirements shall be the Single Family Residential District R-6, including the following: A. Minimum setback shall be 20 feet with 27 percent of the development having 27 foot setbacks, to be identified on the Final Development Plan. Secondary setbacks shall be a minimum of 15 feet. B. Minimum sideyard shall be 5 feet with not less than 10 feet between buildings. Minimum rearyard shall be 15 feet. C. At least 25 percent of proposed residences shall have side entry garages and shall be identified on the Final Development Plan. The applicant shall provide typical layouts of the side entry units with submittal of Final Plan. 4. A preliminary landscape plan shall be submitted with the Final Development Plan utilizing California Native Species and conforming to the Contra Costa County policy on water conservation requirements for new development, and to include the area along Highway 4, Laurel Road, the proposed park, and that to be provided at front yard areas. 5 A sound barrier wall shall be provided along Highway 4 south from Laurel Road. The design, type and height shall be indicated with the Final Development Plan. 6. 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. 7. 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 Administrator prior to filing of the Final Map. 8. A traffic report shall be submitted with the applications for the Final Development Plan and Final Map. 2. 9. Community services "Will Serve" letters shall be submitted with the applications for Final Development Plan and Tentative Subdivision Map. 10. 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. 11. 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 development 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, 27.5 feet of additional right of way on State Highway 4 as required for the planned future width of 100 feet. C. Convey to the County, by Offer of Dedication, 30 feet of additional right of way as required for the 60-foot planned future right of way for Laurel Road. Additional right of way shall be dedicated for left turn channelization and bus stop turnouts. D. Relinquish abutter's rights of access along State Highway 4 and Laurel Road except for the access shown on the site plan and a Laurel Road intersection with the southerly extension of Creekside Court. E. All interior subdivision streets shall be dedicated to the County and constructed to County public road standards. F. Convey to the County, by Offer of Dedication, 56 feet of right of way for "C" Street. Construct "C" Street as a 36 foot wide road. G. Convey to the County, by Offer of Dedication, 30 feet of additional right of way along the easterly property line of this property as required for the planned future width of 60 feet. H. "A" Street may be reduced to a 56 foot right of way width. I . Furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available from Laurel Road. 3. J. An encroachment permit for construction within the State right of way shall be obtained from Caltrans through the Public Works Department, Engineering Services Division. K. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Oakley Area of Benefit as adopted by the Board of Supervisors. L. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East/Central County Travel Corridor Area of Benefit as adopted by the Board of Supervisors. M. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. N. Furnish proof to the Public Works Department," Engineering Services Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. 0. Comply with the drainage fee requirements for Drainage Areas 30A and 30B as adopted by the Board of Supervisors. P. The developer shall be required to make a formal request in writing for the annexation of the subject property to Drainage Area 300 for the maintenance and operation of the drainage area's drainage facili- ties. The development must be annexed to Drainage Area 300 prior to filing the Final Map for Subdivision 6922 or the issuance of a build- ing permit. Q. Construct curb, 6-foot 6-inch sidewalk (width measure from curb face), necessary longitudinal and transverse drainage, pavement widening and a half-width median island (including surface treatment) on State Highway 4. The face of curb shall be located 10 feet from the widened right of way line. If the State will not permit construction of a raised median on State Highway 4 at this time, the applicant shall execute a Deferred Improvement Agreement for construction of the raised median and land- scaping in the future when the Public Works Department finds that they are needed. R. Annex this property to County Landscaping District AD 1979-3 (LL-2) . S. Submit a preliminary landscaping plan to the County for review and approval by the Community Development Department and the Public Works Department prior to beginning work on the improvement plans. T. Prior to issuance of building permits, file the Final Map for Subdivision 6922. 4. U. Execute a Deferred . Improvement Agreement for signalization and channelization of the State Highway 4-Laurel Road intersection. The Deferred Improvement will be subject to activation when the Public Works Department finds that the improvements are warranted. V. The southerly extension of Creekside Court shall be constructed as at least a 28 foot road within a 60 foot right of way. W. The applicant shall provide two travel lanes at east 16 feet wide, 10 foot parking areas and no parking on the portion of "A" Street near Laurel Road where the median is proposed. X. Submit a revised site plan including off-site improvements, for the review of the Public Works Department, Road Engineering Division, and the review and approval of the Community Development Department which incorporates the following: 1) Intersection channelization for State Highway 4 and Laurel Road which will provide for additional pavement widening and right of way for left turn lanes. 2) Road right of way and lot line modifications required by these conditions of approval . Y. 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 project approval is held up by any party so that the beginning of work is delayed beyond the current project date of April , 1988 then building permits shall also be delayed an equal period of time. Z. Prior to the hearing on the Associated Final Development Plan and Tentative Map, the applicant shall submit a revised Traffic Study addressing identified circulation concerns. 12. The following deed notification shall be required for filing the final map: "This document should serve as notification that you have purchased land in an agricultural area where you may regularly find farm equipment using local roads, farm equipment causing dust, crop dusting and spraying occurr- ing regularly, noise associated with farm equipment and aerial crop dust- ing, and certain animals and flies may exist on surrounding properties. This is, again, notification that this is part of the agricultural way of life in East Contra Costa County and you should be fully aware of this at the time of purchase. " 13. The proposed park shall not receive credit against the required park dedi- cation fees. Ownership and maintenance of the park shall be the responsibility of a homeowners' association or similar entity. The applicant shall comply with the Park Dedication Ordinance by the payment of fees. 5. 14. This project along with its concurrent Final Development Plan and Subdivision shall be restricted by a declaration of covenants, conditions and restrictions (CC & R's) receiving the prior approval of the Community Development Department and the County Counsel , meeting applicable regula- tions 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 following 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 modification shall conform to the requirements of Contra Costa County. D. A statement substantially in the following form: "The County of Contra Costa (or any city successor in interest) is hereby given supervisory jurisdiction over the enforcement of the provisions of this declaration dealing with maintenance, cleanliness, and repair of any common areas of the project. In the event of a breach of any duty pertaining to such maintenance, cleanliness, or repair, the County of Contra Costa may give written 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 attorneys' fees and all other involved County staff time) . Nothing contained herein shall limit any other right or remedy which the County may exercise by virtue of authority contained in ordinance or state law. E. 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. 6. F. 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. 15. At least 30 days prior to the hearing on the Final Development Plan, the applicant shall submit for review of the County Geologist a geotechnical report addressing liquefaction of the site. 16. The applicant shall include on or with the Final Development Plan a schematic of the homes to be built in the Flood Hazard Area. 17. The applicant shall submit a revision to the Traffic Study specifically addressing traffic safety issues especially at the intersection of Laurel Road and State Highway 4. 18. The applicant shall comply with all Federal , State and local laws and ordinances applicable to this project. 19. Execute a Deferred Improvement Agreement for left turn channelization of the State Highway 4/Laurel Road Intersection. The deferred improvements will be subject to activation when the Public Works Department finds that improvements are warranted. BT/aa 5/7/87 7/1/87 10/9/87 RZVI/2715-RZC.BT