HomeMy WebLinkAboutMINUTES - 10061987 - T.7 -7
TO: q ..BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon, Contra
Director of Community Development
DATE: August 27, 1987 Cry^
SUBJECT: Hearing on Rezoning Application #2711-RZ to rezone 21.09 acres located
at the southeast corner of Cypress Road and Almond Avenue in the
Oakley area, from General Agricultural District (A-2) to Planned Unit
District (P-1) , filed by The Jonathan Group, Inc. (Applicants) and
Roger T. Proctor (Owner) .
SPECIFIC REQUEST S) OR RECOMMZNDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Approve Rezoning Application #2711-RZ as recommended by the
East County Regional Planning Commission.
2. Adopt the East County Regional Planning Commission's findings .
as set forth in Resolution No. 48-1987 as the determinations
for these actions.
3. Introduce the ordinance giving effect to the aforesaid
rezoning, waive reading and set date for adoption of same.
CONTINUED ON ATTACM4ENT: YES SIGNA
ACTION OF BOARD ON _C)tv 1987 APPROVED AS RECOMMENDED X OTHER_---
Jean Mesick, Community Development Department, described the project
site and the project and commented . that staff had a concern with
access to the site. Staff recommended that the signal at Highway 4
and Cypress be installed prior to occupancy. Lot 614 is being shown
for an access easement and also lot 60. Supervisor Torlakson
requested clarification on the access problem. Ms. Mesick recom-
mended an additional condition that alternate access to State
Highway 4 be considered at the final development plan stage. The
public hearing was opened and Mr. Frank Bellecci , representing the
Jonathan Group, commented on the access to the project. No one
appearing in opposition, the public hearing was closed. Supervisor
Torlakson recommended approval of the project including park main-'
tainence condition, CC&R' s, and the additional condition on the
access. Therefore, IT IS BY THE BOARD ORDERED that the Board
APPROVES recommendations 1 with conditions as amended, 2 and
Ordinance No. 87-107 is INTRODUCED and staff is REQUESTED to prepare
the appropriate documentation for Board consideration.
VOT9 OF SUPERVISORS
X UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A
TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTER= ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development Dept. ATTESTED October 6, 1987
County Counsel PHIL BATCHELOR, CLERK OF
Applicant/owner THE BOARD OF SUPERVISORS
Public Works
Assessor COUNTY MINISTRATOR
Oakley Fire Protection Districa BY c
- - - DEPUTY
/o- l 7 7
CONDITIONS OF APPROVAL FOR REZONING 2711-RZ
1. This rezoning application is approved based on information received in the
application process, a proposed site plan dated February 17, 1987 as
received by the Community Development Department and subject to the
conditions listed below.
2. The applicant, shall comply with the Residential Subdivision Design programs
of the Oakley Area General Plan. Revised Development Plans demonstrating
compliance shall be submitted prior to the scheduling of a hearing for the
Final Development Plan 3011-87 and Subdivision 6913.
3. Also prior to the scheduling of public hearing for the associated 3011-87
and Subdivision 6913, the applicant shall submit a landscape plan in
conformance with the County's Water Conservation policies and will include,
where feasible, drought resistant native plants. The plan shall include:
A. Landscaping proposed for the street setback along Cypress Road.
'F
B. A typical landscape plan for front yards.
C. A minimum of 150 street trees limited to 2 species.
D. Landscaping proposed as improvements to all open space and common
areas including Lots A and B and the detention basin.
E. If proposed, a landscape and sign plan for the primary access .point.
F. All landscaping shall be maintained by the applicant until occupancy.
A homeowner's association shall be formed to implement the CC&R's.
The homeowner's association shall be responsible for the maintenance
of all common areas, parks, and public right-of-ways until those areas
are annexed to a Landscape-Lighting District.
4
4. An RV area parking plan shall be submitted for consideration with the Final
Development Plan and Tentative Subdivision Map.
5. The applicant shall submit proposed Covenants, Codes and Restriction and a
draft .homeowners association regulations for review for consideration of
the Final Development Plan and Tentative Map.
6. The applicant shall comply with the Park Dedication Ordinance. Compliance
shall be considered as partially fulfilled by the dedication and recreation
improvements of Lots A and B. Improvements to the detention basin for use
as a park shall also be considered in lieu of Park Dedication fees.
7. Provision of a Transportation Systems Management Program is required; 'the
program shall be submitted for review, and approval of the Zoning
'Administrator prior to the filing of the Final Map.
8. Provision of a Child Care Facility or program 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.
2.
9. Comply with drainage, road improvement, traffic and utility requirements as
follows:
A. Prior to the scheduling of hearing for the Final Development Plan
3011-87 and Subdivision 6913, the applicant shall submit a revised
site plan which incorporates the following:
1. Modifications to the Flood Control detention basin to provide an
area acceptable to the Contra Costa County flood Control and
Water Conservation District.
2. Access to State Highway 4 across the Marsh Creek channel to tie
into Almond Tree Lane. The access shall be a 40-foot access
easement located approximately 300 feet northwest of ' the
southwest corner of this property subject to the approval of the
Public Works Department, Road Engineering Division.
3. Ultimate widening of Cypress Road to a 50-foot half width right
of way plus slope easements and interim acceleration/deceleration
lanes along the property's frontage to allow for the future grade
separation at the A.T.&S.F. Railroad.
B. Submit a traffic report subject to the review of the Public Works
Department, Road Engineering Division, and the review and approval of
the Zoning Administrator to evaluate traffic impacts on regional
transportation systems.
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.
11. Alternate access to State Highway 4 will be considered at the Final
Development Permit stage.
12. This project (Subdivision 6913 and 3011-87) 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 regulations of the California State Real Estate
Commissioner and providing for an 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
resolution(s) adopted by the Board of Supervisors which approve the
tentative subdivision map, final development plan and rezoning. Also,
a statement that the project will be subject to all of the conditions
3.
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.
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 and exterior appearance of the project. In the event
of a breach of any duty pertaining to such maintenance, cleanliness,
repair or exterior appearance, 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 attorney's 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.
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 six 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.
KK/SW:jn
rz1:2711-rzc.kk
7/1/87
7/9/87
7/22/87
Revised ECRPC
7/27/87