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Home My WebLink AboutMINUTES - 10271987 - T.7 7 TO: BOARD OF SUPERVISORS FROM: Harvey E. Bragdon Contra Director of Community Development CJv.7la DATE: September 15, 1987 ^u rty SUBJECT: Hearing on Rezoning Application #2725-RZ to rezone 19.75 acres of land described as two .parcels fronting on the west side of Brown Road, 750 feet. south of the intersection with Laurel Road, in the Oakley area, from General Agricultural (A-2) to Planned Unit District (P-1) , filed by Bellecci & Associates (Applicants) and Yianni & Jean Michaeldis, et al (Owners) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Approve Rezoning Application #2725-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. 54-1987 as the determinations for these action with conditions of approval hereto attached. 3 . Introduce the.'ordinance giving effect to the aforesaid rezoning, waive reading and set date and adoption of same. CONTINUED ON ATTACHMENT: YES SIGNA 4 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATI OF -BO APPROVE OTHER JPD SIGNATURE(S) : ACTION OF BOARD ON October 27 , 1987 APPROVED AS RECOMMENDED X OTHER The public hearing was opened and Mr. Bellecci , representing the owners , appeared to speak. No one else appearing to speak, the public hearing was closed. On recommendation of Supervisor Torlakson, IT IS BY THE BOARD ORDERED that staff recommendations 1 , 2 , and 3 are APPROVED and Ordinance No. 87-94 is INTRODUCED, reading waived and November 10 , 1987 is set for adoption -of same. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development Dept. ATTESTED October 27, 1987 County Counsel PHIL BATCHELOR, CLERK OF Bellecci & Associates THE BOARD OF SUPERVISORS Yianni & Jean Michaeldis et alA D COU Y ADMINISTRATOR Public Works Building Inspection BY IL , DEPUTY Oakley .Fire Protection District KK:plp r CONDITIONS OF APPROVAL FOR REZONING 2725-RZ 1. This rezoning application is. approved based on information received in the application process, a proposed site plan received on August 4, 1987 as received by the Community Development . Department and subject to the conditions listed below. 2. Residential Subdivision conditions. A. Locate houses in single family residential subdivisions to respect natural site topography and relieve visual monotony. B. Require varied setback standards in all major subdivisions within at least 30 percent of all residences setback the minimum required by zoning plus 7 feet. C. Design homes in major subdivisions to provide for side-entry garages for at least 25 percent of all residences. D. Require developers of new residential subdivisions to provide land- scaping in areas lying between rear and side lot fencing and abutting arterial streets. E. Discourage subdivision design which allows direct driveway access onto arterial streets. F. Require lighted house numbers, visible from a public or private road- way,- for all new residential construction. 3. This project and subdivision 6941 and 3032-87 shall be restricted by a declaration of covenants, codes and restrictions (CC&R' s) . The CC&R's shall receive prior approval of the Community Development Department and the County Counsel , meeting the applicable regulations of the California State Real Estate Commissioner. The CC&R's shall contain at least the following provisions: A. Methods for the maintenance of the common areas and park area until annexed into a Landscaping-Lighting District. B. Maintenance of the internal pathway/s of the subdivision. 4. Prior to the scheduling of a public hearing for the associated subdivision 6941 and Development Plan 3032-87, the applicant shall submit a landscape plan in conformance with the County's Water Conservation policies and where feasible will include drought resistant native plants. The plan shall include: A. Landscaping along all street setbacks. B. A six-foot solid wood fence along each property line. C. A minimum of 74 fifteen-gallon street trees limited to two species. 2. D. Preparation of the Landscaping Plan for the park for the review and approval of the Zoning Administrator. E. This landscaping and landscaping plan shall be installed or bonded prior to occupancy. F. The applicant shall -install all frontyard landscaping prior to occu- pancy. G. All landscaping shall be maintained by the applicant until occupancy or, in the case of common areas, until annexation to a Landscaping Lighting District. 5. Provision of a Transportation System Management Program is required; the program outlined in the Traffic Study is acceptable at this time. However, a TSM program shall be submitted for the review and approval of the Zoning Administrator prior to the filing of the Final Map. 6. Provision of a Child Care Facility or program is required for this develop- ment. The program shall be submitted for the review and approval of the Zoning Administrator prior to the filing of the Final Map. 7. At least sixty days prior to issuance of grading or building permits, and prior to filing of the Final Map, the applicant shall submit a preliminary geology, soil , and foundation report for review and approval of the Planning Geologist. The report shall evaluate the potential for damaging earthquake induced liquefaction or settlement of structures, roads, utilities or other improvements. Grading and building plans shall imple- ment recommendations of the approved report. The Final Map shall cite the approved report. 8. Comply with drainage, road improvement, traffic and -utility requirements as follows: A. Submit a revised site plan which incorporated the following: 1) Realignment of the easterly north-south road parallel to Brown Broad to allow 125 foot depth lots along the Maatz property Brown Road frontage. 2) Reconfiguration of the roadway in the southwest corner of this property to a configuration similar to the roadway in the northeast corner of this property. 3) Street names on the revised site plan. i 3. .B. Obtain a Flood Plain Permit from the Community Development Department and comply with the requirements of the Flood Plain Management Ordi- nance including Section 5.0. , "Provisions for Flood Hazard Reduction" , of that Ordinance. 9. The applicant shall endeavor to reach an agreement with property owners on the east side of Brown Road on the location, width and composition of a equestrian/pedestrian trail along Brown Broad. The applicant shall construct a trail between 8 and 14 ft. width of a suitable gravel material if an agreement is reached. The trail shall be annexed to the Landscaping- Lighting District for purposes of maintenance. 10. Improvement of State Highway 4 through Oakley per the Area of Benefit shall be assured prior to issuance of any building permits. 11. A Regional Traffic Study shall be completed prior to approval of the Final Development Plan. 12. The following statement shall be recorded with the County Recorder's office for each new parcel approved. "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 surround 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. On the provision of police service, the applicant agrees to vote their property into a special tax area for police services 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. 14. The applicant shal submit a revised site plan for the review and approval of the Zoning Administrator. The revised site plan shall reorient and redesign the small cul-de-sac and adjacent lots (#8-12) in the south west corner of the site. KK/aa 8/4/87 8/13/87 Revised 9/9/87df RZVIII/2725-RZ.KK