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HomeMy WebLinkAboutMINUTES - 12131988 - T.5 T. ! TO: BOARD OF SUPERVISORS FROM: Harvey E. Bragdon Contra Director of Community Development Cx)sta DATE: October 26, 1988 Courcy SUBJECT: Hearing on Rezoning Application #2738-RZ, to rezone 50. 3 acres of land located between Live Oak Avenue and Empire Avenue, south of Tate Lane, in the Oakley area, from General Agriculture District (A-2) to Planned Unit District (P-1) , filed by Bellecci and Associates (Applicants) and Kenneth L. Crockett (Owner) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approve Rezoning Application #2738-RZ, along with Final Development Plan #3049-87 and Tentative Map #6996, 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. 63-1988 as the determination for these actions. 4. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set forth date for adoption of same. CONTINUED ON AZTACB14ENT: YES SIGNATU74:.- " Ve---w RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATTUR OF BO COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON December 13 , 1988 APPROVED AS RECOMMENDED X OTHER This being the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the above matter, the public hearing was opened and no one appearing in opposition, the public hearing was closed. On recommendation of Supervisor Torlakson, IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3, and 4 are APPROVED; and as in recommendation 4 , Ordinance No. 88-95 is INTRODUCED, reading waived, and December 20, 1,988 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 December 13, 1988 Bellecci & Associates PHIL BATCHELOR, CLERK OF Kenneth L. Crockett THE BOARD OF SUPERVISORS Public Works 4,AN COUNTY PDMINISTRATOR. Assessor Oakley Fire Protection District BY , DEPUTY JE:plp ----- ti Conditions of Approval for Rezoning 2738-RZ 1. This application is approved subject to conditions .listed below. 2. Applicant shall submit full size elevations for review and approval of the Zoning Administrator prior to issuance of building permits. 3. The number of single family residential units shall not exceed 49. To ar- rive at this unit count, all but 1.1 acres of the Park Dedication area (3.8 acres) have hereby been applied to net density of all phases of residential development on the subject 50 acres. 4. Prior to the issuance of Building Permits, the applicant shall submit samples of colors and exterior materials for review and approval of the Zoning Administrator. The residences shall be of neutral color and com- plementary. 5. Lighted house numbers visible from a public or private roadway are required for each residence. 6. Prior to issuance of building permits, applicant shall submit landscape plans for a typical frontyard, prepared in accordance with the County's Water Conservation policies. 7. All frontyard landscaping shall be bonded or installed prior to' occupancy. Front yard landscaping shall be maintained by the applicant until occupancy. Suitable drought tolerant California native species shall be used as much as possible. 8. Frontyard landscapes shall include a minimum of one fifteen gallon street tree for each parcel , together with turf and shrubbery. 9. Setbacks shall be varied. At least 30q of all residences shall have the minimum setback required by zoning plus seven feet. Applicant shall dem- onstrate to the satisfaction of the County Zoning Administrator that design criteria have been included within the subdivision to generally relieve visual monotony of front yard appearances 10. Provision of a 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. 11. 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 accord- ing to the Bay Area CPI . Furthermore, the Board of Supervisors shall re- view the assessment amount and adjust it to a higher level as conditions warrant it. Review shall be made of the initial assessment amount after budget hearings and after the pending elections of the general community on the question of additional police services. 2 12. Prior to the issuance of building permits the applicants shall submit a detailed TSM Plan for review and approval by the Zoning Administrator (un- less otherwise required by a TSM Ordinance) . The approved TSM plans shall be operative prior to final inspection by the Building Inspection Depart- ment. 13. The applicant shall add the following to the deed of each newly created parcel : "This document 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, together with animals and flies on surrounding properties. This is, again, notification that this is part of the agricultural way of life in East Contra Costa County and you should be fully aware of this at the time of purchase. " 14. Applicant shall construct good neighbor fences where rearyards directly abut other rearyards. Applicant shall work with developer of properties to north and south to coordinate joint construction of similar good neighbor fences. 15. Comply with drainage, road improvement, traffic and utility requirements as follows: A. Prior to issuance of building permits file the Final Map for Subdivi- sion 6996. JE/SW/df RZ9:2738-RZc.je Revised 10/10/88 a Conditions of Approval for Final Development Plan 3049-87 1. This application is approved subject to conditions listed below. 2. Applicant shall submit full size elevations for review and approval of the Zoning Administrator prior to issuance of building permits. 3. The number of single family residential units shall not exceed 49. To ar- rive at this unit county, all but 1.1 acres of the Park Dedication area (3.8 acres) have hereby been applied to net density of all phases of resi- dential- development on the subject 50 acres. 4. The Conditions of Approval for Rezoning 2738-RZ and Tentative Map 6996 shall apply and be fulfilled, as necessary and appropriate, prior to the filing of the Final Map or issuance of building permits for this project. 5. Prior to the issuance of Building Permits, the applicant shall submit samples of colors and exterior materials for review and approval of the Zoning Administrator. The residences shall be of neutral color and com- plementary. 6. Lighted house numbers visible from a public or private roadway are required for each residence. 7. Prior to issuance of building permits, applicant shall submit landscape plans for a typical frontyard, prepared in accordance with the County's Water Conservation policies. Suitable drought tolerant California native species shall be used as much as possible for landscaping. 8. All frontyard landscaping shall be bonded or installed prior to occupancy. Front yard landscaping shall be maintained by the applicant until occupancy. 9. Frontyard landscapes shall include a minimum of one fifteen gallon street tree for each parcel , together with turf and shrubbery. 10. Setbacks shall be varied. At least 30% of all residences shall have the minimum setback required by zoning plus seven feet. Applicant shall dem- onstrate to the satisfaction of the County Zoning Administrator that design criteria have been included within the subdivision to generally relieve visual monotony of front yard appearances. 11. Provision of a 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. 12. 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 accord- ing to the Bay Area CPI . Furthermore, the Board of Supervisors shall 2 review the assessment amount and adjust it to a higher level as conditions warrant it. Review shall be made of the initial assessment amount after budget hearings and after the pending elections of the general community on the question of additional police services. 13. Prior to the issuance of building permits the applicants shall submit a detailed TSM Plan for review and approval by the Zoning Administrator (un- less otherwise required by a TSM Ordinance) . The approved TSM plans shall be operative prior to final inspection by the Building Inspection Depart- ment. 14. The applicant shall add the following to the deed of each newly created parcel : "This document 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. - aeriai crop dusting, agricultural burning, together with animals and flies on surrounding properties. This is, again, notification that . this is part of the agricultural way of life in East Contra Costa County and you should be fully aware of this at the time of purchase." 15. Applicant shall construct good neighbor fences where rearyards directly' abut other rearyards. Applicant shall work with developer of properties to north and south to coordinate joint construction of similar good neighbor fences. 16. Comply with drainage, road improvement, traffic and utility requirements, as follows: A. Prior to issuance of building permits, file the Final Map for Subdi- vision 6996. JE/SW/df RZ9:3049-87c.je Revised 10/10/88 Conditions of Approval for Subdivision 6996 1. This application is approved subject to conditions listed below. 2. The number of lots shall not exceed 49. 3. Landscaping shall be installed prior to occupancy. Landscaping shall be . maintained by the applicant until occupancy. Suitable drought tolerant California native species shall be used for landscaping as much as possi- ble. 4. The Conditions of Approval for Rezoning 2738-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 thirty (30) 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 evaivate 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. Prior to the issuance of building permits the applicants shall submit a detailed TSM Plan for review and approval by the Zoning Administrator (un- less otherwise required by a TSM Ordinance) . The approved TSM plans shall be operative prior to final inspection by the Building. Inspection Depart- ment. 7. The applicant shall add the following to the deed of each newly created parcel : "This document 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, together with animals and flies on surrounding properties. This is, again, notification that this is part of the agricultural way of life in East Contra Costa County and you should be fully aware of this at the time of purchase." 8. 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 accord- ing to the Bay Area CPI . Furthermore, the Board of Supervisors shall re- view the assessment amount and adjust it to a higher revel as conditions warrant it. Review shall be made of the initial assessment amount after 1 2 budget hearings and after the pending elections of the general community on the question of additional police services. 9. Provision of a 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. 10. Applicant shall dedicate four acres of land for a neighborhood park subject to Zoning Administrator review and approval . This dedication will meet Park Dedication Ordinance requirements for all phases of residential de- velopment on the subject 50 acres. 11. Applicant shall submit street names for all streets within subdivision, subject to review and approval of the County Zoning Administrator. 12. Applicant shall construct good neighbor fences where rearyards directly abut other rearyards. Applicant shall work with developer of properties to north and south to coordinate joint construction of similar good neighbor fences. 13. Should archaeological materials be uncovered during grading, trenching or other on-site excavation(s) , earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society of 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(s) , if deemed necessary. The applicant shall comply with the report recommendations. 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. Requirements of the Ordinance include the following: 1. Constructing a 5-foot sidewalk, necessary pavement replacement and widening, curbs, longitudinal and transverse drainage, and a half-median island (including surface treatment) along the frontage of Empire Avenue. 2. Constructing road improvements along the frontage of Live Oak Avenue. As the designated remainder is large, can be further subdivided and because the improvements are not warranted at this time, the applicant shall be permitted an exception from the construction of these road improvements at this time. 3. Undergrounding of all utility distribution facilities. 3 4. Installing 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. 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 nearest drainage facility is Line CL of Drainage Area 29C located in Subdivision 6656 on the east side of Empire Avenue opposite the proposedSubdivision. Its adequacy must be verified prior to being allowed to discharge run-off to it. The applicant shall be permitted an exception from Section 914-2.006, "Surface Water Flowing from Subdivision," to allow the applicant to convey his Drainage Area 29H stormwater to the Drainage Area 29H detention basin proposed in the vicinity• of Hagar Lane, north of Gum Tree Road provided that, if required by the Public Works Department, Flood Control Division, they: a. Construct on-site and off-site storm drainage improvements to the proposed basin site. b. Purchase right of way for the basin site. C. Construct the detention basin to act temporarily as an in- filtration basin in a manner acceptable to the Public Works Department, Flood Control Engineering Division, subject to the review and approval of the Zoning Administrator. This may also require installation of a small temporary 8 or 10 inch diameter drain line from the Drainage Area 29H basin to the existing Drainage Area 29C basin located east of Empire Avenue. Permanent minor diversions from Drainage Area 29H to Drainage Area 29C shall be subject to the review and approval of the Pub- lic Works Department, Flood Control Engineering Division, subject to the review and approval of the Zoning Administrator. 6. Verifying that all finished floor elevations are above the 100-year flood elevation. Finished floor elevations shall be above the 100-year flood elevation plus 1-foot of freeboard. 7. Prohibiting the discharging of storm waters to roadside ditches. 8. Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. 4 9. Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 10. Prohibits discharging storm waters into the Contra Costa Canal or any other water conveyance or impounding facility for domestic water consumption. B. The applicant shall be required to assure construction of necessary pavement widening on Empire Avenue through a bonded road improvement agreement with the County which will assure construction of up to 20 feet of new pavement ( width measured from curb face) , the remainder of the storm drainage improvements, if any, one-half of the landscaped median, a pro rata share of engineering, utility relocation and mis- cellaneous costs. Provide the following transitions acceptable to the Public Works De- partment, Road Engineering Division, subject to the review and ap- proval of the Zoning Administrator: 1. To the existing roadways to the north and south. 2. Temporary access from the development at future grade to connect to the existing roadway at existing grade. C. Convey to the County, by Offer of Dedication, 32.5 feet of additional right of way on Empire Avenue as required for the planned future half width of 55 feet (measured from existing Centerline. ) D. Relinquish abutter's rights of access along Empire Avenue, including curb returns. Access shall be permitted at the proposed Empire Avenue entrance to this property. E. The alignment of the north-south roads through this property shall line up with the roads in Subdivision 6867 to the north and Subdivi- sion 6980 to the south. F. 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. 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, road and drainage improvements. I. Comply with the drainage fee requirements for Drainage Area 29C and 29H as adopted by the Board of Supervisors. �r . 5 J. Provide an acoustical analysis for Empire Avenue noise impacts based on horizon year traffic and ultimate road widening. Provide adequate noise mitigation acceptable to the Public Works Department, Road En- gineering Division, subject to the review and approval of the Zoning Administrator. K. Apply for annexation to County Landscaping District AD 1979-3 (LL-2) . L. Street names shall be subject to the review and approval of the Zoning Administrator. M. Apply for annexation to Drainage Area 290. N. 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. Elevate finished floors to above the base flood elevation plus one foot of freeboard. 0. A deed notification shall be required on all lots informing the po- tential buyers that through traffic can be expected in the future along the roads terminating at the north, south and west boundaries of this property. P. Post a notice at the temporary dead end portions of the roads which are proposed to be extended in the future which reads as follows: Notice: This street to be extended in the future. JE/SW/df RZ9:sub6996c.je Revised 10/10/88