HomeMy WebLinkAboutMINUTES - 10271987 - 2.3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted these Findings on October 27 , 1987, by the following
AYES: Supervisors Powers, Fanden, Schroder, Torlak.son and McPeak
NOES: None
ABSENT: None
ABSTAIN: None .
SUBJECT:
FINDINGS FOR APPROVAL OF A REZONING )
(2710-xZ) AND FINAL DEVELOPMENT ) 87/645
PLAN (3010-87) FOR THE BELLECCI ) RESOLUTION NO.
AND ASSOCIATES (Applicants) AND )
COUNTRY INVESTORS (Owners) PROJECT )
IN THE OAKLEY AREA, ON )
RECOMMNDATION OF THE EAST COUNTY )
REGIONAL PLANNING COMMISSION. )
WHEREAS, Bellecci and Associates ("Applicant") , on
behalf of Country Investors ("Owners") , on February 13, 1987
submitted a request for a rezoning (2710-RZ) of the 21.2 acres
located on the west side of O'Hara Avenue, 850 feet south of
the :intersection of Laurel Road in the Oakley area, from an
existing (A-2) General Agriculture designation to a Planned
Unit District (P-1) . In addition, Applicant requested approval
of a Final Development Plan (3010-87) for the purpose of
developing 107 single family residences on the project site.
WHEREAS, pursuant to the requirements of the
California Environmental Quality Act ("CEQA") and the State and
County CEQA Guidelines, the Draft Environmental Impact Report
(the "DEIR") was prepared and circulated on the proposed Oakley
Area General -Plan, to amend the East County Plan. On April 28,
1987, the Board adopted the Oakley Area General Plan EIR, (the
"Oakley EIR") , made findings concerning environmental impacts
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and adopted the Oakley Area General Plan as an amendment to the.
East County Plan.
WHEREAS, in connection with Applicant's requests, an
Initial Study of Environmental Significance was prepared by the,
Community Development Department, dated March 26, 1987, which
determined that the requested entitlements would not have any
significant environmental impacts which were not adequately
addressed by the Oakley EIR certified in connection with -the
Oakley Area General Plan.
WHEREAS, for purposes of compliance with the
provisions of CEQA, and the State and County CEQA Guidelines, a
Negative Declaration of Environmental Significance was
prepared, posted and circulated covering the Applicant's
requested rezoning (2710-RZ) and the Final Development Plan
(3010-87) , together with the density bonus requested by the
Applicant:
WHEREAS, after a duly noticed public hearing held
before the East County Regional Planning Commission
("Commission") on April 27, 1987 and upon review and
consideration of the Oakley EIR covering the proposed Oakley
Area General Plan, the studies and reports referred to therein,
the ' staff reports prepared by the Community Development
Department staff, the proposed Conditions to Approval to the
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project, and the evidence and testimony submitted in this
matter, the Commission adopted Resolution No. 21-1987
(1) recommending to the Board of Supervisors that it approve
and adopt the rezoning (2710-RZ) of the 21.2 acres comprising
the project site from General Agricultural District (A-2) to
Planned Unit District (P-1) to bring the project site into
conformance with the proposed Oakley Area General Plan, and
that this zoning change be made as is indicated in the findings
of the Map entitled:- Page H-25 in the County's 1987 Zoning
Map, - (2) recommending to the Board of Supervisors that the
Final Development Plan (3010-87) be approved providing for the
development of 107 single family residences and associated
improvements in a P-1 zone, together with the density bonus
requested by Applicant, as shown' on said Final Development
Plan; and (3) recommending to the Board of Supervisors that
upon approval of the rezoning and the Final Development Plan
that it instruct the Staff to prepare and properly post a
Notice 'of Determination that a Negative Declaration has been
prepared covering the requested rezoning and Final Development '
Plan approval.
WHEREAS, all materials constituting a part of the
administrative record of the proceedings with regard to the
approvals were made available to the Board of Supervisors for
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its review and consideration including, but not limited to, the
following materials:
(a) Commission Resolution No. 21-1987 adopted
April 27, 1987;
(b) The Conditions of Approval to Applicant ' s
Application for Approval of Vesting Tentative Map No. 6924;
(c) The Oakley EIR and findings covering the Oakley
Area General Plan, the - Initial Study of Environmental
Significance and the Negative Declaration of Environmental
Significance; and
(d) Reports prepared by the Community Development
Department Staff regarding the .project and the various
mitigation measures, alternatives, changes and modifications
thereto including, but not limited to, the Staff Report
prepared for the May 11, 1987 Commission hearing, the
Supplemental Staff Report prepared for the Board hearing on
July 28, 1987 and the Supplemental Staff Report prepared for
the Board hearing on August 11, 1987.
WHEREAS, a duly noticed public hearing with public
-testimony was held and closed on June 23, 1987, the Board
continued -the matters for decision and further Staff review
until July 28, .1987, at which time the Board opened the public
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hearing solely for taking new information, closed the public
hearing and continued the matters for decision and further
Staff review to the meeting of August 11, 1987, at which. time
the Board approved these applications, related to the 110-unit
residential project subject to the Conditions of Approval
attached hereto as Exhibit A, and instructed the Staff to
prepare the appropriate documentation for formal adoption by
this Board;
WHEREAS, having reviewed and considered all testimony
and materials made available to the Board of Supervisors as set
forth above including, but not limited to, the Oakley EIR and
findings covering -the Oakley Area General Plan, the Initial
Study of Environmental Significance, the Staff Reports and the
various mitigation measures, conditions of approval,
alternatives, changes and modifications to the project, and all ;
testimony and evidence in the record covering the proceedings
with respect to the project and these applications .
NOW, THEREFORE, THE BOARD OF SUPERVISORS HEREBY
RESOLVES, ADOPTS AND FINDS AS FOLLOWS:
1. In connection with the foregoing approvals of the
rezoning (2710-RZ) and the Final Development Plan (3010-87) the
Board adopts each of the findings, as set forth in the East
County Regional Planning Commission' s Resolution No. 21-1987,
attached hereto as Exhibit B, as the basis for these
determinations .
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2. The Board further adopts, in connection with the
rezoning. (2710-RZ) and Final Development Plan (3010-87) , the
following supplemental findings:
A. Supplemental Findings under Section 26-2. 1806 of
the Contra Costa County Code:
The additional Conditions of Approval imposed by
the Board to Vesting Tentative Map No. 6924 further ensure that
the uses proposed in the land use district will be compatible
within the district and with uses authorized in adjacent
districts. In particular, the Board finds that traffic
measures imposed providing for a Transportation System
Management program (Condition 16) and the submission of a
traffic study addressing regional and local traffic circulation
(Condition 19) .further ensure such compatibility of uses.
B. Supplemental Findings under Section 84-66. 1406 of
the Contra Costa County Code:
The additional Conditions of Approval imposed by
the Board to Vesting Tentative Map No. 6924 further ensure that
the proposed Planned Unit Development is consistent with the
County General Plan and the East County Plan, as amended by the
Oakley Area General Plan. In particular, the Board finds as
follows:
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(i) The condition imposing the requirement that
prior to the filing of the final map the Applicant will obtain
a letter from each agency providing service indicating the
ability to serve the needs of the development (Condition 15)
will comply with the Growth Management Program element of the
Oakley Area General Plan;
(ii) The condition requiring provision for a TSM
program (Condition 16) and the condition requiring a traffic
study (Condition 19) will ensure consistency of the project
with the Circulation element of the County General Plan and the
Oakley Area General Plan;
(iii) The condition requiring payment of the park
dedication fee (Condition 11) will ensure consistency of the
project with the Open Space element of County General Plan and
the Oakley Area General Plan; and
(iv) The condition requiring participation in a
special tax area for police service (Condition 18) will further
ensure consistency with the Community Facilities and Services
element of the Oakley Area General Plan.
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3. The Board further adopts, in connection with the
California Environmental Quality Act (CEQA) compliance with
respect to the rezoning (2710-RZ) and Final Development Plan
(3010-87) , the Supplemental CEQA findings as set forth in
Exhibit C hereto.
4 . It is the intent of the Board that the foregoing
findings, including the findings, determinations and statements
set forth in Exhibits B and C, be considered as - an integrated
whole whether or not any subdivision of these findings fails to
cross reference or incorporate by reference any other
subdivision of these findings; and that any finding required or
permitted to be made by this Board with respect to any
particular subject matter shall be deemed made as if it appears
in any portion of these findings.
DAG: 1 j/6 1 hereby certify that this is a true and correct copy of
1156S/10. 13 .7 an action taken and entered on the minutes of the
7173 6. 010 Board of SupervisorsEn t date shown.
ATTESTED:
PHIL BATCHELOR, Clerk of the doard
of Supervisors and County Administrator
o
By, -0 . Deputy
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EXHIBIT- "A"
CONDITIONS OF APPROVAL FOR :-FINAL. DEVELOPMENT PLAN 3ulu-87
1. This application is gener...l l y approved as shown on Final Development Plan
and Tentative Map dated February 13, 1987, as received by the Community
Development 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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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)
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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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
Taw.
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.
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F. Submit a revised Tentative Map to the Zoning Administrator, for review
and approval , showing the revised circulation plan and lot layout.
The revised Tentativd 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
ene-
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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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
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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
87/645
RESOLUTION NO. 21-1987
RESOLUTION OF THE EAST COUNTY REGIONAL PLANNING COMMISSION OF
THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING
FINDINGS AND RECOMMENDATIONS PERTAINING TO THE APPROVAL OF A
REZONING (2710-RZ) AND FINAL DEVELOPMENT PLAN (3010-87) FOR THE
BELLECCI AND ASSOCIATES (Applicants) AND COUNTRY INVESTORS
(Owners) .PROJECT IN THE OAKLEY AREA.
WHEREAS, Bellecci and Associates ("Applicant") , on
behalf of Country Investors ("Owners") , on February 13 , 1987
submitted a request for a rezoning (2710-RZ) of the 21. 2 acres
located on the west side of O'Hara Avenue, 850 feet south of
the intersection of Laurel Road in the Oakley area, from an
existing (A-2) General Agriculture designation to a Planned
Unit District (P-1) . In addition, Applicant requested approval
of a Final Development Plan (3010-87) for the purpose of
developing 107 single family residences on the project site.
WHEREAS, pursuant to the requirements of the
California Environmental Quality Act ("CEQA") and the State and
County CEQA Guidelines, . the Draft Environmental Impact Report
(the "DEIR") was prepared and circulated on the proposed Oakley
Area General Plan, to amend the East County Plan. Immediately
following this Commission' s hearing, it is contemplated that
the Board of Supervisors will, on April 28, 1987, adopt the
Oakley Area General Plan EIR, (the "Oakley EIR") , make findings
concerning environmental impacts and adopt the Oakley Area
General Plan as an amendment to the East County Plan.
Therefore, for purposes of compliance with CEQA the rezoning
(2710-RZ) and final development plan (3010-87) entitlements
sought by Applicant will be subject to public review and
hearing before the Board of Supervisors subsequent to the
adoption of the Oakley EIR and the Oakley Area General Plan, if
such approvals- are forthcoming by the Board of Supervisors .
WHEREAS, an Initial Study of Environmental
Significance was prepared by the Community Development
Department, dated March 26, 1987, which determined that the
project entitlement's requested by Applicant would not have
significant environmental impacts which were not adequately
addressed by the Oakley EIR to be certified in connection with
the Oakley Area General Plan.
WHEREAS, for purposes of compliance with the
provisions of CEQA, and the State and County CEQA Guidelines, a
Negative Declaration of Environmental Significance was
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prepared, posted and circulated covering the Applicant ' s
requested rezoning (2710-RZ) and the Final Development Plan
(3010-87) , together with the density bonus requested by the
Applicant.
WHEREAS, a duly noticed public hearing was held before
this Commission on April 27, 1987 to obtain the Commissions ' s
recommendation for approval of the requested rezoning and the.
Final Development Plan.
WHEREAS, at such hearing, and upon review and
consideration of the Oakley EIR covering the proposed Oakley
Area General Plan, the studies and reports referred to therein,
the staff reports prepared by the Community Development
Department staff, the proposed Conditions to Approval to the
project, and the evidence and testimony submitted in thi&
matter, the Commission adopted the following resolutions .
BE IT RESOLVED, that, upon review and - consideration of
the project approvals requested by Applicant, the Oakley EIR
covering the proposed Oakley Area General Plan, the Initial
Study of Environmental Significance and Negative Declaration of
Environmental Significance, the staff reports prepared by the
Community Development Department staff, the proposed Conditions
of Approval for the project, and all the testimony and evidence
in the record with respect to the project, this Commission
hereby recommends to the Board of Supervisors that it approves
and adopts the rezoning (2710-RZ) of the 21.2 acres comprising
the project .site from General Agricultural District (A-2) to
Planned Unit District (P-2) to bring the project site into
conformance with the proposed Oakley Area General Plan, and
that this zoning change be made as is indicated in the findings
of the Map entitled: Page H-25 in the County' s 1987 Zoning
Map.
BE IT FURTHER RESOLVED, that upon review and
consideration of the project, the Oakley EIR covering the
proposed Oakley Area General Plan, the Initial Study of
Environmental Significance and Negative Declaration of
Environmental Significance, the staff reports prepared by the
Community Development Department staff, the proposed conditions
of approval for the project, and all the testimony and evidence
.in the record with respect to the project in• these .
applications, this Commission hereby recommends to the Board of
Supervisors that the Final Development Plan (3010-87) be
approved providing for the development of 107 single family
residences and associated improvements in a P-1 zone, together
with the density bonus requested by Applicant, as shown on said
Final Development Plan, subject to the Conditions of Approval
attached hereto as Exhibit A.
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BE IT FURTHER RESOLVED, that upon review and
consideration of the Oakley EIR prepared for the proposed
Oakley Area General Plan, the Initial Study of Environmental
Significance and Negative Declaration of Environmental
Significance, the staff reports prepared by the Community
Development Department staff, the proposed Conditions of
Approval for the project, and all the testimony and evidence in
the record in connection with each of the requested project
entitlements , this Commission hereby recommends to the Board of
Supervisors that upon approval of the rezoning and Final
Development Plan that it instructs the staff to prepare and
properly post a Notice of Determination that a Negative
Declaration has been prepared covering the requested rezoning .
and Final Development Plan approval pursuant to the
requirements of CEQA and the State and County CEQA Guidelines .
BE IT FURTHER RESOLVED, that in connection with 'the
Commission' s recommendation of approval of the rezoning of the
project site to a Planned Unit District (P-1) and the approval
of the Final Development Plan (3010-87) , the Commission finds
as follows :
A. Findings Required Under Section 26-2. 1806 of the
Contra Costa County Code:
(1) The zoning change hereby recommended for
approval will substantially comply with the Contra Costa County
General Plan, and the East County Plan, as amended by the
proposed Oakley Area General Plan.
(2) The uses authorized and proposed in the land
use district are compatible within the district and to uses
authorized in adjacent districts . Land uses authorized in the
vicinity of the project include residential development
projects with compatible densities . The staff report indicates
that the development project is compatible with the surrounding
neighborhoods, that the attached structures provide a building
scale that is similar to adjacent development, that the roadway
system includes a curbed roadway to provide visual variety and
the dwelling units are set with varying setbacks to avoid
monotonous street frontage. _
(3) Community need has been demonstrated for the
use proposed. The Oakley EIR covering the proposed Oakley Area
General Plan indicates a need for low and moderate income
housing in the Oakley Area and' the need for infrastructure
improvements .
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B. Findings Required Under Section 87-66. 1406 of the
Contra Costa County Code.
The Commission is satisfied that:
(1) The Applicant intends to start construction
within two and one-half (2 1/2) years from the effective date
of the zoning change and plan approval.
(2) The proposed Planned Unit Development is
consistent with the County General Plan and the East County
Plan; as amended by the proposed Oakley Area General Plan. The
project will constitute a residential environment of sustained
desirability and. stability, which will be in harmony with the
character of the surrounding neighborhood and community. The
Applicant has dedicated a 1. 12 acre park area for the use.of
the project homeowners, together with other improvements set
forth in the Conditions of Approval attached hereto as
Exhibit A, which should contribute to the desirability and
stability of the project.
(3) The development of a harmonious, integrated
plan justifies exceptions from the normal application of the
County Code, particularly with respect to the Applicant' s
inclusion of low to moderate income households as part of the
project and its participation in the density bonus program
pursuant to Section 65915 and 65913 of the Government Code,
Policy 1(h) of the Housing Element of the General Plan and
,procedures adopted by the Board of Supervisors in connection
. therewith.
BE IT FURTHER RESOLVED, that in, connection with- the
approval of the project the Commission finds as follows:
(1) The Commission hereby finds that the
proposed project together with the provisions for its design
and improvement, will be consistent with the Contra Costa
County General Plan and the East County Plan, as amended by the
proposed Oakley Area General Plan. The densities of the
project are consistent with the densities considered
appropriate by the East County Plan, as amended by the proposed -
Oakley Area General Plan. Condition of approval 14A, which
requires that the project conform to the provisions of the
County Subdivision Ordinance, assures fulfillment of- County
development and construction requirements.
(2) The effect of County ordinances and actions
adopted pursuant to the Subdivision Map Act on the housing
needs of the region of Contra Costa County have been
considered. Consideration has included examination of the
project ' s potential to increase the stock of housing available
4
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to employees of employment centers within the County, and in
particular with respect to the need to serve low to moderate
income housing needs . The Commission has considered the
balance of regional housing needs against the public service
needs of County residents as well' as against the available
physical and environmental resources, as these needs and
resources have been identified with the immediate approval
process for the project.
(3) No evidence has been presented which would
require denial of the project under Government Code
Section 66474 .
(4) Traffic and circulation impacts addressed in
the Oakley EIR covering the Oakley Area General Plan will be
obviated by presently projected improvements and by the .
Conditions of Approval for the project, including the
substantial traffic-related contributions of Applicant, as
evidenced by the dedications, compliance with the
Bridge/Thoroughfare Fee Ordinance for the East/Central County
Travel Corridor as adopted by the Board of Supervisors,
annexation of the property to the Oakley Area of Benefit or
construction of offsite road improvements of at least equal.
worth as is acceptable to the County Public Works Department,
Road Engineering Division, or by contributions to a Road
Improvement Fee Trust (Fund No. 819200-0800) designated for
road improvements in the Oakley Area, and annexation of the
project site to Lighting and Landscaping District 1979-3 LL2,
-with other contributions by Applicant as is more particularly
- described in the Conditions of Approval.
BE IT FURTHER -RESOLVED, that this Commission finds
-that :
(1) The Oakley EIR prepared in connection with
the proposed Oakley Area General Plan adequately describes and
identifies the general environmental setting of the Applicant 's
project, the significant environmental impacts of the project
and the alternatives and mitigation measures related to -each
significant effect.
(2) The significant environmental effects of the
Applicant' s project covered by the Oakley EIR, including
cumulative impacts, have been substantially mitigated or
avoided by changes or alterations which have been required in,
or incorporated into the project.
(3) Some of the significant environmental
effects identified in the Oakley EIR for the proposed Oakley
Area General, Plan would require changes or alterations to the
project which are within the responsibility and jurisdiction of
5
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other public agencies and such changes have been adopted by
such agencies, or can and should be adopted by such agencies.
.(4) The significant environmental effects of the
Applicant ' s project as identified in the Oakley EIR for the
proposed Oakley Area General Plan cannot be mitigated except by
mitigation measures or project alternatives which .this
; Commission finds to be infeasible given, economic, social and
other considerations . Specifically, the economic, social and
other benefits provided by the project, including employment
and housing opportunities, particularly for low to moderate
income individuals, and the substantial recreational amenities
(including dedication- and development of a 1. 12 acre park) and'
substantial -traffic, drainage and circulation improvements as
more particularly set forth in the Conditions of Approval, meet
important needs of the community, and contribute substantially
to the quality of life in the project area. Accordingly, this.
Commission finds that to the extent any impacts of the project
remain mitigated, such impacts are overridden by economic,
social and other considerations which justify and require
approval of the project as mitigated herein.
BE IT FURTHER RESOLVED, that, upon review and
consideration of the Oakley EIR prepared for the proposed
Oakley Area General Plan, the Initial Study of Environmental
Significance and Negative' Declaration, the staff reports.
proposed by the Community Development Department staff, the
proposed conditions of approval for the project and all of the
testimony and evidence in the record, this Commission finds
that no subsequent, supplemental or additional Environmental
Impact report documentation is required . and that the adoption .
of the Negative Declaration in connection with the Final
Development Plan and the rezoning of the project site to P-1,
is appropriate because (i) there have been no subsequent
changes proposed in the Applicant 's project which would require
important revisions of the Oakley EIR for the proposed Oakley
Area General Plan due to the involvement of new significant
environmental impacts not considered in such prior EIR; (ii) no
substantial change has occurred with respect to the
circumstances under which the project is to be undertaken,
which will require important revisions in the Oakley EIR for
the proposed Oakley Area General Plan due to the involvement of
new significant environmental impacts not covered in such EIR;
(iii) no new information of substantial importance to the
project has become available since the preparation of the
Oakley EIR.
BE IT FURTHER RESOLVED, that having reviewed and
considered the Oakley EIR prepared for the proposed Oakley Area
General Plan, the Initial Study of Environmental Significance
and Negative Declaration of Environmental Significance prepared
6
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by the Community Development Department in connection with each
of the requested project entitlements, this Commission further
finds in the alternative that no further Environmental Impact
Report shall be required for the Applicant ' s housing project in
this area, pursuant to Section 21080 .7 of the Public Resources
Code, based upon this Commission's finding that (i) the project
is consistent with the proposed Oakley Area General Plan which
has been adopted pursuant to Article 8 (commencing with
Section 65450) or Chapter 3 of Title 7 of the Government Code;
(ii) that the proposed Oakley Area General Plan will have been
adopted pursuant to procedures established by Article 8,
commencing with Section 65450 (Chapter 3 of Title 7 of the
Government Code) not more than five (5) years prior to this
Commission' s findings; (iii) that the proposed Oakley Area
General Plan when adopted, will have been subject to an
Environmental Impact Report certified by the Board of
Supervisors of the Contra Costa County; (iv) that the Oakley
EIR for the proposed Oakley Area General Plan is sufficiently
detailed so that the significant adverse effects of the
Applicant ' s project on the environment and measures necessary
to mitigate- or avoid any such effects can be determined,
including significant physical effects on existing structures
and. neighborhoods of historical or aesthetic significance, if
any, within the existing area covered by the proposed Oakley.
Area General Plan.
BE IT FURTHER RESOLVED, that, having reviewed and
considered the Oakley EIR prepared for the proposed Oakley Area
General Plan, the Initial Study of Environmental Significance
and Negative Declaration of Environmental Significance prepared
by the Community Development Department in connection with each
of the requested project entitlements, this 'Commission further
finds in the alternative that the proposed Oakley Area General
Plan constitutes a "Community Plan" pursuant to Section 21083 .3
of the Public Resources Code, which accommodates a density of:
res.idential development which is consistent with the
Applicant ' s request for approval of the rezoning and Final
Development Plan affecting the project site, and that the
Oakley EIR which addressed all the significant effects of the
project will be- certified for the proposed Oakley Area General
Plan prior to the Boards ' adoption of the recommended approvals -
described in this Resolution. The Commission further finds
that the mitigation measures set forth in the Oakley EIR
covering the proposed Oakley Area General Plan which are
applicable to the project site, have been incorporated as part
of the project where applicable pursuant to the Conditions of
Approval attached hereto as Exhibit A.
BE IT FURTHER RESOLVED, that, this .Commission finds
that the project qualifies for a Density Bonus pursuant to
Government Code Section 65915, ensuring that applicant can
7
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develop the number of units equal to at least twenty-five
percent (25%) (27 units) over the otherwise maximum allowable
residential density under the applicable zoning ordinance and
land use element of the Oakley Area General Plan, provided that
Applicant satisfies the provisions of Conditions of Approval
Nos . 6, 7 and 8 .
BE IT FURTHER RESOLVED, that the East County Planning
Commission hereby instructs the Director of Community
Development to prepare the necessary transmittals concerning
the rezoning and Final Development Plan applications and to
submit them to the Board of Supervisors in accordance with the
Government Code of the State of California. The instruction by
the East County Planning Commission to prepare this Resolution
was given by motion of the East County Planning Commission at a
regular meeting on Monday, April 27, 1987 by the following vote:
AYES: Commissioners - CATANZARO, PLANCHON,
ANDRIEU, HARRISON, NUNN
NOES: Commissioners - NONE
ABSTAIN: Commissioners - DEAN
ABSENT: Commissioners - CASTIGLIONE, GLOVER, THRESH
I, Ronald Nunn, Chairman of the East County Regional
Planning Commission of the County of Contra Costa, State of
California, hereby certify that the foregoing was duly called
and held in accordance with the law on April 27, 1987, and that
this Resolution, was duly and regularly passed and adopted by
the vote of the Commission.
Phairman, Eas ounty Aegional
Planning Ccimission,
County of Contra Costa,
S ate of California
Attest:
bet-feta*," Ost County Regional
Plann ng Commission,
County of Contra Costa,
State of California
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8
87/645
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EXHIBIT A
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
Development Department.
2. The maximum number of units allowed on this property shall be 107.
3. These applications are contingent upon approval of rezoning of the site as
proposed on 2710-RZ.
4. This project (Subdivision 6924, and 3010-87) 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 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-
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
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 attorneys' fees and all other involved County staff time) .
Nothing contained herein shall limit any other right or remedy which
87/645
2
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.
5. The applicant shall submit a landscape plan prepared' in conformance with
the County's water conservation policies. The landscape plan shall
include:
A. Landscaping along street setbacks.
B. A 6-foot solid wood fence along north, south and west property lines
and a 6-foot masonry acoustical barrier along O'Hara Avenue.
C. . A minimum of 107 street trees limited to two species.
D. Landscaping.of the park area.
E. Landscaping , of all areas shall be bonded or installed prior to
occupancy.
F. California native plants will be used to the extent feasible.
6. The applicant shall notify buyers that landscaping of front yards shall be
installed in front yard areas within 60 days of occupancy.
7. The applicant shall submit three proposed street names to the County
Community Development Department, Graphics Section, for review and approval
a minimum of 30 days prior to the filing of the Final Map.
S. Building numbers shall be illuminated and posted in a position visible from
the street.
9. The applicant shall have an acoustical study prepared prior to issuance of
any building permit. The report shall recommend mitigation of any
excessive noise levels. Noise level studies shall also include the planned
width and development proposed to impact O'Hara Avenue. The acoustical
study and recommended mitigation shall be subject to the review and
approval of the Zoning Administrator.
87/645
3
10. The applicant shall revise proposed Final Development Plans to reflect the
development standards of the Oakley Area General Plan with respect to
variations in setbacks and placement of side-entry -garages. These revised
plans shall be subject to the review and approval of the Zoning
Administrator.
KK:jn
sub4:6924.kk
4/3/87
4/7/87
4/16/87
4/30/87
Attachment
Oakley Fire District - March 11, 1987
87/645
EXHIBIT C
SUPPLEMENTAL CEQA FINDINGS ON THE SIGNIFICANT
ENVIRONMENTAL EFFECTS OF THE BELLECCI AND ASSOCIATES
(APPLICANT) AND COUNTRY INVESTORS (OWNERS) PROJECT
IDENTIFIED IN THE OAKLEY AREA
GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, AND
STATEMENT OF OVERRIDING CONSIDERATIONS
I . CEQA FINDINGS.
1. Significant Impact - Geology and Soils
The EIR indicates that the Oakley Area is
characterized by soil with poor drainage and high erosion
hazards. Cuts and fills from development could increase
erosion which in turn could cause foundation stability problems
for new construction. Also, the EIR indicates that sediment
may accumulate in existing drainage facilities with a reduction
in carrying capacities .
(a.) Facts . The project site, as indicated by the
May 11, 1987 Staff Report, is relatively level with minor
variations in elevations. The EIR, as a mitigation measure,
recommends conditioning private developmental projects on
preparation of geologic or engineering studies. Condition of
Approval No. 4 for Subdivision' 6924 requires the Applicant to
submit a preliminary geologic and soil report evaluating static
and .earthquake induced conditions, together with specific
testing requirements. Condition of Approval No. 5 requires
that grading plans include erosion protection within- specified
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parameters, requires that landscaping incorporates drainage
considerations, and that grading and landscaping plans be
reviewed and approved by the Community Development Department.
Condition of Approval Nos. 14(h) and (i) provide additional
drainage mitigation measures for the project. In addition,
Condition of Approval -Nos . 14(s) , (t) and (u) contain
provisions obligating the Applicant to pay drainage fees, to
annex the project site to Drainage Area 300, and to pay fees to
the Federal Emergency Management Agency to remove the project
site from the 100 year flood hazard area.
(b) Findings. The Board finds that the
Conditions of Approval imposed on Tentative Map 6924, which
incorporate mitigation measures suggested in the EIR, will
substantially mitigate impacts related to geology, drainage and
soil conditions.
2. Significant Impact - Hydrology and water Ouality
The EIR indicates that certain parcels designated for:
residential use within the Oakley Area are located within the
100 year flood hazard zones and that existing drainage
facilities may be insufficient.
(a) Facts. As indicated in Section 1, above,
substantial and numerous mitigation measures have been imposed
on the project ensuring the adequacy- of drainage improvements
necessary to serve the project and protect nearby areas. The
Conditions of Approval further specify numerous dedications,
require the construction of drainage improvements and require
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•the payment of drainage fees in accordance with the County
Subdivision Ordinance (Title 9) . As indicated above in
Section i above, the Applicant is required to apply to the
Federal Emergency Management Agency to remove the property from
the 100 year flood hazard area and to pay the required fees
prior to the filing of its final map.
(b) Findings. The Hoard finds that the potential.
. impact on hydrology and water -quality can be substantially
mitigated by the Conditions of Approval and mitigation measures
incorporated as part of the project, as were set forth in the
EIR.
3 . Significant Impact - Vegetation and Wildlife
The EIR indicates that the redesignation of land now
used for agriculture south of Highway 4 would result in the
elimination of orchards, vineyards and agricultural . uses .
(a) facts . The Staff Report dated May 11, 1987
indicates that the project site is currently used as an
r
orchard. The EIR proposes, as a mitigation measure
requirement, that erosion and sediment control plans be
required of each applicant proposing development on the north
side of the Santa Fe railroad tracks and that landscaping plans
for specific projects could include the planting of orchard and
oak tree species currently found in the area: Condition of
Approval No. 5 provides erosion protection measures and
provides that landscaping should include species adapted to
well drained sand, as selected by a landscape architect.
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-Furthermore, grading and landscaping plans are to be reviewed
and approved by the Community Development Department. The
Initial Study indicates that the orchard generally accounts for.
only 20 percent of the vegetation on the project site, and that.
approximately 80 percent is plowed.
(b) Findings. The Board finds that the
elimination of the orchard and agricultural lands will occur as.
a result of the project; however, the Conditions of Approval
and mitigation measures incorporated as part of the project,
including erosion control plans, landscaping and the dedication
of a 1. 12 acre park site, will substantially mitigate this
impact.
4 . Significant Impact - Land Use
The EIR indicates that the development resulting
under the Oakley Area General Plan would decrease the amount of
acreage designated for agricultural production in favor of
residential, industrial and commercial development.
.(a) Facts. In the May 11, 1987 Staff Report, the
section entitled "Land Use" , indicates that the project
conforms to the applicable policies of the new Oakley Area
General Plan. In addition, the Staff Report indicates that the
Applicant has dedicated a 1. 12 acre park area for use of
subdivision homeowners. The draft parks element supplementing -
the Local Recreation Areas section of the Oakley Area General
Plan recommends that parks be a minimum of five acres.
However, the East County Regional Planning Commission
4
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recommended the dedication and improvement of• a small park
since there are no nearby parks in this area. . In addition,
this Board imposed on the project the payment of the park
dedication fee without crediting the value of the park against
the payment of such fee. A mitigation measure set forth in the
EIR applicable to the project site is that development in the
area south of Laurel Road should be phased according to
availability of public services and utility capacities.
Condition of Approval 15 requires the Applicant, prior to the
filing of a final map, to obtain a letter from each agency
providing service indicating the ability to serve the needs of
the development. In addition, the Staff Report states that the
Oakley Water District has indicated sufficient service
availability, particularly as this is the first project to be
approved under the Oakley Area General Plan.
(b) Findings. The Board finds that the land use
impacts resulting from the project will be substantially
mitigated by the Conditions of Approval and mitigation measures
imposed on the project, including the park dedication
requirement, the park fee requirement and the growth management
measure whereby the project is conditioned upon the
availability of public services and utility capacities. The
Board finds that this project is- in accordance with the growth
management policies set forth in the Oakley Area General Plan.
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5. Significant Impact - Visual Quality
and Community Character
The EIR indicates that the character of the
Oakley area would change from rural to suburban and that views
of fields and open space on the perimeter of Oakley would be
altered.
(a) Facts . The Staff Report dated May 11, 1987
indicates that the Applicant has provided a development that,
with its higher -density, will still be compatible with
surrounding neighborhoods. The attached structures provide a
building scale that is similar to adjacent development and the
roadway system includes a curved roadway with two cul-de-sacs
to provide visual variety and interest to this deep, narrow
site. In addition, the dwelling units are sided with veering
setbacks to avoid a monotonous street frontage. The
Supplemental Staff Report dated July 28, 1987 further indicates
the extent of buffering incorporated as part of the project and
.indicates that to provide a buffer on three sides of the
project the Applicant has placed the larger lots, primarily at.
7,200 square feet and greater, on the perimeter and the
smaller, 5, 000 square foot lots in the interior of the
project.
(b) Findings. The Board finds that the visual
and community character impact of changing from rural to
-suburban cannot be fully mitigated. However, this Board finds
that the adverse impacts have been substantially mitigated,
6
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particularly in view of the extent to which the project has
incorporated urban design guidelines and landscaping
requirements as suggested 'in the EIR.
6. Significant Impact - Cultural Resources
The EIR indicates that development would
potentially result in adverse impacts to subsurface
archaeological resources.
(a) Facts. The EIR proposes as a mitigation
measure that site specific archaeological surveys could be
conducted as specific development plans are proposed.
Condition 10 to the project expressly adopts the mitigation
measure recommended in the EIR and states that if such
archaeological materials are uncovered during grading or on
site excavation, that earthwork within 30 meters of these
materials will be stopped pending a review by a professional
archaeologist.
(b) Findings. This Hoard finds that any impacts
on cultural resources can be mitigated during the project
development stage with the mitigation measures suggested in the .
EIR, as incorporated in Condition No. 10 to the vesting
tentative map.
7. Significant Impact - Traffic and Circulation
The EIR identifies numerous traffic and
circulation impacts arising out of the Oakley Area General
Plan. Potential traffic impacts were particularly noted at
major Highway 4 intersections, including Laurel Road, which
7
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feeds into the project site. The EIR notes that Highway 4
would be most- severely affected, while the local road network
would be generally less affected.
(a) Facts. Condition No. 14 to the vesting
tentative map provides for substantial dedications,
improvements and payments related to the mitigation and
improvement of traffic and circulation within the project
area. The EIR suggests that ultimate geometric design of all
intersections should be prepared now for build-out condition
and that rights-of-way should be acquired at the earliest
stage. This mitigation measure has been incorporated as part
of Condition No. 14 to the vesting tentative map, as indicated
by the offer of dedication of. the right-of-way on O'Hara
Avenue. Condition Nos. 14(d) , (e) , (k) , (1) , (r) , and (v) ,
pertain to the construction and dedication of roads to county
public road standards. Impacts on traffic will further be
reduced by implementation of the mitigation measure set forth
in the EIR recommending implementation of a transportation
systems management (TSM) program. This condition has Caen
added by this Board to the Conditions of Approval for
Subdivision 6924 . To further mitigate the traffic and
circulation impacts of the project, this Board further added
Condition 19 which requires the Applicant to submit a traffic '
8
8 !-7
/62_5
study addressing regional and. local traffic circulation prior
to the filing of the final map. The implementation of this
traffic study by the Zoning Administrator further addresses the
mitigation.measures set forth in the EIR.
(b) Findings. This Board finds that the impacts
of the project on traffic and circulation can be substantially.
mitigated with the implementation of the Conditions of Approval
imposed on this project and that the applicable mitigation
measures suggested in the . EIR have been met, or in some cases
surpassed, by the conditions imposed on this project. In
particular, this Board finds that the mitigation measures
pertaining to compliance with the bridge-thoroughfare fee
ordinance, .the transportation systems management program and
the traffic study, will, in addition to the substantial
improvements and dedications imposed on the project,
substantially mitigate the traffic and circulation impacts
arising from the project.
.. 8. Significant Impact - Climate and Air Ouality_
The EIR identifies the impact of increased.
vehicular traffic on air quality while acknowledging that such
omissions would not significantly threaten local air quality
due to the currently low level of pollutants. The EIR further
identifies the impact of construction in generating dust
emissions. arising from construction.
9
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(a) Facts. Implementation of a transportation
systems management program is cited in the EIR as a mitigation
measure which would offset potential adverse affects on air
quality. This mitigation measure has been incorporated into
condition 16 for Vesting Tentative Map 6924, which was added by
this Board as a condition of approval at its August 11, .1987
hearing.
(b) Findings. The Board finds that the impact
of the project on air quality can be substantially mitigated
through the implementation of the transportation systems
management program which was imposed on the project.
9 . Significant Impact - Noise
The EIR identifies the impact of .increased
development in the Oakley area arising from development
pursuant to. the Oakley Area General Plan. In addition, the EI-R
identifies the temporary noise impacts arising from
construction activities..
(a) Facts.' Applicant's project is the first
development project in the Oakley area since the adoption of
the Oakley Area General Plan. As such, the noise mitigation
measures recommended in the EIR may be imposed on subsequent
projects; however, strict implementation of noise mitigation
measures . has not been strictly imposed on this project
considering 'the adjacent agricultural uses. The Applicant is
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`particularly by the growth management condition to the- vesting
tentative map, as described in the July 28, 1987 Supplemental
Staff Report wherein "will serve" letters will be required
prior to the filing -of a final map. In addition, traffic and
other studies will -address the impact of this project on
regional and local traffic circulation, thereby furthering the
analysis and implementation of ,mitigation measures - related to
cumulative impacts.
(b) Findings. This Board finds that the impact
of the project on the overall cumulative impacts within the
Oakley area and the East County will be substantially mitigated
by the Conditions of Approval imposed by this Board on the
project .
13 . Significant Impact - Growth Inducing Impacts
.The EIR indicates that projected high rates of
population growth in rural East Contra Costa County will likely
occur notwithstanding growth in the Oakley area. The EIR.
further indicates that growth in the Oakley area will be
largely dependent upon the financing of public improvements,
utilities and services.
(a) Facts . The EIR suggests that phasing
mechanisms be implemented as mitigation measures for the growth
inducing impacts in the Oakley area. The July 28, 1987 Staff
Report, as well as the discussion by this Board at its July 28,
-1987 public hearing, indicated that future phasing of projects '
may be necessary. As previously indicated, this project is the
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first project to be approved following the adoption of the
Oakley Area General Plan. Therefore, the approval of this
project will induce further projects; however, as indicated in
the EIR, there were approximately 35 general plan amendments
pending for the Oakley area at the time the EIR was proposed.
Condition of Approval 15, as added by this Board to the
approval of Vesting Tentative Map 6924, requires the Applicant,
to obtain a letter from each public agency providing public
service indicating the ability to serve the needs of the
development.
(b) Findings. The Board finds that the
Conditions of Approval imposed on this project incorporate the
mitigation measures set forth in the EIR and will substantially
mitigate the growth inducing impacts associated with this
project. The Board finds that the conditions requiring
adequate public facilities, infrastructure improvements and
public services will ensure phased development and compliance
with. the growth management policy of the Oakley Area General
Plan.
II . STATEMENT OF OVERRIDING CONSIDERATIONS,
This Board finds that, to the extent any impacts
attributable to the project remain unmitigated, such impacts
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' are acceptable in light of the overriding social, economic or
other considerations set forth herein. The Board finds that
the mitigation measures or project alternatives necessary to
further mitigate or avoid the significant environmental affects
identified in the EIR are infeasible with respect to this
project. Such measures and alternatives would impose
limitations and restrictions on. the development: of the
Applicant's project which would prohibit obtaining the specific
social, economic and other benefits of the project which the
Board finds outweigh the unavoidable or unmitigated impacts,
and which justify approval of the project.
Specifically, the Board finds that the following
social, economic and other considerations warrant approval of
the project notwithstanding any unavoidable or unmitigated
impacts resulting from the project. The project is justified
by the need to increase the housing supply in the County, and
is particularly helpful in meeting the needs of low to moderate
income households. The Board finds that the Applicant' s'
request for a de:.sity bonus conditioned upon reserving 25
percent base units for qualified low to moderate income
.families at affordable prices will further this socio-economic
policy. Furthermore, the project will provide substantial
infrastructure and public service improvements, including
roadways, drainage, streetlights, and other improvements
required for the public health and safety of this area. This
Board finds that the Applicant 's contributions to the park
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, • 'fund, as well as the dedication of a portion of the project
site for a neighborhood park will serve as social benefits to
the Oakley community. In addition, the Board finds that the
Condition of Approval requiring Applicant 's participation in a
future childcare facilities program will serve the needs of the
Oakley community.
III . PROJECT ALTERNATIVES
This Board has previously made findings in connection
with its certification of the EIR, whereby it evaluated and
rejected (1) the no-project alternative, (2) the Alternative
Project, and (3) a combination of the Proposed Project (Oakley
Area General Plan) and the Alternative Project. . By this
reference, these findings are incorporated as part of this
document.
DAG:vw/5
1162S/10.09 . 7
71736. 010
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