HomeMy WebLinkAboutMINUTES - 11081988 - T.9 T. 9
TOk BOARD OF SUPERVISORS
P74k: Harvey E. Bragdon Contra
ltra
Director of Community Development Costa October 18 1988 Camey
SUBJECT: Hearing on Rezoning Application #2788-RZ, Bellecci and Associates
(Applicants) and Donald and Peggy Klein (Owners) , to rezone 4.2 acres
of land fronting 300 feet on the east side of Neroly Road,
approximately 150 feet south of Terra Verde Lane, from General
Agricultural District (A-2) to Planned Unit District (P-1) , in the
Oakley are .
SPECIFIC RBOURST(S) OR RB ATIONS(S) i BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Approve Rezoning Application #2788-RZ, along with Final
Development Plan #3006-88 and Subdivision 7083 , as recommended
by the East County Regional Planning Commission with
conditions attached hereto.
3. Adopt the East County Regional Planning Commission's findings
as set forth in Resolution No. 56-1988 as the determination
for thes actions.
4. Introduce the ordinance giving effect to the aforesaid
rezoning waive reading and set forth date for adoption of
same,
CONTINUED ON ATTACHM[ENT: YES SIGNA
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAVIWIN O1M10JFD COMMITTEE
APPROVE OTHER
SIGNATtTRE(S) :
ACTION OF BOARD ON (November 8, 1988 APPROVED AS RECOMMENDED XOTHER
This bei�g the time heretofore noticed by the Clerk of the Board
of Supervisor for hearing on the above matter.
Jean Mesick, Community Development Department, presented the
staff report on the request and the staff recommendation to accept the
environmental documentation prepared for the project, approve the
rezoning reco ended by the East County Regional Planning Commission
and adopt the Planning Commission' s findings.
The public hearing was opened and the following people appeared
to speak:
Frank Bellecci, Bellecci and Associates, 2552 Stanwell Drive,
Concord, applicant, appeared and commented that the Oakley Sanitary
District advised that it is unlikely they would ever service the area
with sewer connection and therefore he requested that the project be
modified to four lots which would not require sewer connection and
that they work with the Zoning Administrator to modify the conditions
as such to recognize the four lots and proceed from there.
Pat Savarese, 2967 Terra Verde, Oakley, commented that she had
been against the six lots but now that it would be four lots, she had
no questions.
Supervisor Torlakson requested clarification on whether the
requested modification was consistent with the General Plan.
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Karl Wandry, Community Development Department, responded that it
was consistent.
Jean Mesick clarified that it would also fall within the density
range.
The public hearing was closed.
Supervi or Torlakson moved to approve the modified plan as
recommended by Mr. Bellecci and the other conditions that have been
recommended y staff and the East County Regional Planning Commission.
TherefoFe, IT IS BY THE BOARD ORDERED that recommendations 1, Z
as modified by the applicant and with conditions attached hereto as
Exhibit Al 3li and 4 are APPROVED; and as in recommendation 4,
Ordinance 88787 is INTRODUCED, reading waived, and November 29, 1988
is set for adoption of same.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT I ) 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 ATTESTED November 8, 1988
Bellecci & Associates PHIL BATCHELOR, CLERK OF
Donald & Peggy Klein THE BOARD OF SUPERVISORS
Public Works -T 'm Dudziak AN COUNTY ADMINISTRATOR-
Assessor
Oakley Fire Protection Dist. BY
DEPUTY
JE:Plp
Conditions of Approval for Subdivision 7083, Rezoning 2788 and Development Plan
3006-88
1. This application is approved for 4 lots. A revised Tentative Map shall be
submitted for review and approval of the Zoning Administrator.
2. The applicant shall submit proof that sewer or other system is available
prior to recordation of the parcel map.
3. The number of lots shall not exceed 4.
4. The Conditions of Approval for Rezoning 2788-RZ shall apply and be ful-
filled, as necessary and appropriate, prior to the filing of the Final Map
or issuance of building permits for this project. The property shall be
rezoned prior to filing the Final Map.
5. At least sixty (60) days prior to issuance of grading or building permits,
and prior to filing a Final map, 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 im-
provements. Improvement, grading and building plans shall implement rec-
ommendations of the approved report. Final Map shall cite the approved
report. Record acknowledgement of the approved report concurrently with
recordation of the Final Map.
6. The applicant shall add the following to the deed of each newly created
parcel :
"This doIcument should serve as notification that you have purchased
land in an agricultural area where you may regularly find farm equip-
ment using local roads, farm equipment causing dust, crop dusting and
spraying occurring regularly, noise associated with farm equipment and
aerial crop dusting, agricultural burning, and certain animals and
flies may exist on surrounding properties. This is, again, notifica-
tion that his 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."
7. Provision of Child Care Facility or program is required for the develop-
ment. The program shall be submitted for the review and approval of the
Zoning Administrator prior to the filing of the Final Map. This project is
exempt from the Child Care Ordinance.
8. 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 therefore must be specifically
listed in this conditional approval statement. Requirements of the
OrdinancI include the following:
• I
l
I. Conveying all storm waters entering or originating within the
subject property to a natural watercourse having definable bed
and banks or to an existing adequate storm drainage facility.
The existing drainage facilities in Drainage Area 29H are not an
acc ptable point of discharge.
An xception shall be permitted from Section 914-2.006, "Surface
Water Flowing from Subdivision," _ to allow a diversion of
stojmwater to Drainage Area 56 provided that the applicant com-
plies with requirements of the Contra Costa County Public Works
Department, Flood Control Engineering Division subject to the
review and approval of>the County Zoning Administrator.
2. Constructing road improvements along the frontage of Neroly Road.
The applicant shall be permitted an exception from installation
of sidewalk along Neroly Road.
3. Und rgrounding of all utility distribution facilities.
4. Ins alling street lights and applying for annexation to County
Service Area L-100 for maintenance of the street lights. The
final number and location of the lights will be determined by the
County Traffic Engineer.
5. Prohibiting the discharging of storm waters to roadside ditches.
6. Submitting a Parcel Map prepared by a registered civil engineer
or licensed land surveyor.
7. Submitting improvement plans prepared by a registered civil en-
gineer, payment of review and inspection fees, and security for
all improvements required by the Ordinance Code or the conditions
of approval for this subdivision. These plans shall include any
necessary traffic signage and striping plans for review by the
Cou7ty Traffic Engineer.
8. Installing, within a dedicated drainage easement, any portion of
the drainage system which conveys run-off from public streets.
9. Relinquish abutter's rights of access along Neroly Road except
for the proposed access road. Relinquish abutter's rights of
access at the Neroly Road curb returns.
B. The applicant shall provide a bonded road improvement agreement as-
suring construction of the following Neroly Road frontage improvements
when Neroly Road is constructed to its ultimate vertical and horizon-
tal alignment adjacent to this property:
1. Grading, pavement widening to 20-feet from curb face and neces-
sarl conforms and transitions. The alignment shall be subject to
the review of the Public Works Department, Road Engineering
s
Division, and subject to the review and approval of the Zoning
Administrator.
C. All interior subdivision streets shall be dedicated to the County and
constructed to County public road standards.
D. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the Oakley Area of Benefit and the East/Central County Travel
Corridor Area of Benefit as adopted by the Board of Supervisors.
E. Apply for annexation of this property to County Landscaping District
AD 1979-3 (LL2) .
F. Convey to the County, by offer of Dedication, 19.5 feet of additional
right of way on Neroly Road as required for the planned future width
of 84 feet.
G. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
H. 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 per-
manent, j�oad and drainage improvements.
I. Grade thjs property in the vicinity of Neroly Road, and, if necessary
provide sight distance easements, to provide adequate sight distance
for vehicles to traverse this portion of Neroly Road and to turn into
or from 'A" Street.
J. Comply with the drainage fee requirements for Drainage Area 29H as
adopted by the Board of Supervisors and as directed by the Flood Con-
trol Engineering Division of the Public Works Department. No credit
againstthe Drainage Area 29H fees will be allowed for work on the
Drainage Area 56 storm drain system nor any other work in the Drainage
Area 56 watershed.
K. Apply for annexation of this property to Drainage Area 290.
L. Apply for annexation of this property to County Landscaping District
AD 1979-3 (LL2) .
INFORMATIONAL NOTES
A. Applicant shall comply with the Park Dedication Fee Ordinance.
JE:cg
rzx/7083c.je
Revised 9/12/88