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HomeMy WebLinkAboutMINUTES - 12201988 - T.8 1+,.:-.=.-^�":.w.s f ,.��t ,_ah.e.I�[1Rw'�....c..;�'i.cZ�s` .•}_S�rtt T'.. TO: BOARD OF SUPERVISORS T• 8 FROM: / — ,Harvey E. Bragdon Director of Community Development Costa DATE: November 16, 1988 Cry^ SUBJECT: Hearing on Rezoning Application #2800-RZ, to rezone 10+ acres of land fronting on the west side of Empire Avenue (extending westward to Hagar Lane) , approximately 300 feet north of Bedford Lane, in the Oakley area, from General Agriculture (A-2) to Single Family Residential (R-7) , filed by Bellecci and Associates (Applicant) and Roy, Ralph and Emily Lucchesi (Owners) . SPECIFIC RBQUEST(S) OR RECOMMENDATIONS(S) i BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approve Rezoning Application #2800-RZ as recommended by the East County Regional Planning Commission. 3. Adopt the East County Regional Planning Commission's findings as set forth in Resolution No. 69-1988 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 ATTACEXENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADKINISTRATOR RECOMMENDATION OF COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON —December 20 19 8 8 APPROVED AS RECOMMENDED X OTEIER X This being the time for hearing on the above matter heretofore noticed by the Clerk of the Board of Supervisors, Jean Mesick, Community Development Department, presented the staff report on the rezoning request and commented to the staff recommendation that the Board accept the environmental documentation prepared for the project, approve the rezoning as recommended by the East County Regional Planning Commission, adopt the Planning Commission findings and introduce the ordinance giving effect to the rezoning. The public hearing was opened and the following people appeared to speak: Frank Bellecci, Bellecci and Associates, 2552 Stanwell Drive, Concord, representing Morrison Homes and Mr. Bob Walters, questioned whether the conditions of approval for the Subdivision 7165 related to the rezoning were before the Board for consideration; Karl, Wandry, Community Development Department, clarified that only the rezoning was before the* Board, that the subdivision had been approved by the Planning Commission and stopped there on the basis that it had not been appealed. Mr. Bellecci expressed concern with conditions of approval of the Subdivision 7165 including a cul-de-sac and roadway alignment. 1. Supervisor Torlakson expressed support for the cul-de-sac being incorporated into the final plans. Karl Wandry suggested proceeding with the rezoning, and having the Zoning Administrator approve modifications to the conditions of approval of Sub 7165 and take them back to the Planning Commission if necessary. Supervisor Torlakson requested clarification of the applicant 's intent relative to the resolution of the street issue in the form of a cul-de-sac. Mr. Bellecci expressed the intent not to go into Gumtree. Barbara Mello, Rt. 1, Box 224-C, Oakley, resident on Gumtree, expressed concerns including the noticing process, and stated that she was not opposed to the subdivision at all but is opposed to the impact it's going to have on her street. She expressed the desire to have Gumtree as a cul-de-sac. Larry Del Chiaro, Rt. 1, Box 224-D, Oakley, resident on Gumtree, commented on issues including notification and maintaining the lifestyle on the street which is a dead end street now. The public hearing was closed. Supervisor Torlakson moved to adopt the recommendations for the rezoning but requested that the street alignment be done in a compatible way through the Zoning Administrator that would protect the safety and lifestyle of the community on Gumtree and provide for a cul-de-sac to prevent through traffic from impacting the existing neighborhood. Therefore, IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3, and 4 are APPROVED; and as in recommendation 4, Ordinance No. 89-1 is INTRODUCED, reading waived and January 10, 1989 is set for adoption of same. IT IS FURTHER ORDERED BY THE BOARD that Community Development Director through the Zoning Administrator is DIRECTED to resolve the issues of street alignment and the cul-de-sac. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANINDUS (ABSENT IV ) TRUE AND CORRECT COPY OF AN RYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SBO`iN. cc: Community Development Dept. ATTESTED December 20, 1988 Bellecci & Associates PHIL BATCHELOR, CLERK OF Roy, Ralph and Emily Lucchesi THE BOARD OF SUPERVISORS Public Works-Tom Dudziak CO ADMINISTRATOR- Assessor Oakley Fire Protection Dist: B! County Counsel DEPUTY JE:plp 2. i REZONING APPLICATION #2800-RZ BELLECCI AND ASSOCIATES (Applicants) ROY AND RALPH LUCCHESI (Owners) OAKLEY AREA BOARD OF SUPERVISORS CONTRA COSTA COUNTY DECEMBER 20, 1988 - 2:00 P.M. RESOLUTION NO. 69-1988 RESOLUTION OF THE EAST COUNTY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY BELLECCI AND ASSOCIATES (Applicants) AND ROY AND RALPH LUCCHESI (Owners) (2800-RZ) , IN THE ORDINANCE CODE SECTION PERTAINING TO THE ,PRECISE ZONING FOR THE OAKLEY AREA OF SAID COUNTY. WHEREAS, a request by Bellecci and Associates (Applicants) and Roy and Ralph Lucchesi (Owners) to rezone land in the Oakley area from General Agricultural District (A-2) to Single Family Residential District (R-7) , was received on June 28, 1988; and WHEREAS, in connection with applicant' s requests, an Initial Study of Environmental Significance was prepared by the Community Development Department, dated October 13 , 1988, which determined that the requested entitlements would not have any significant adverse environmental impacts; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act and the State and County CEQA guidelines, a Negative Declaration of Environmental Significance , was prepared, posted and circulated; and WHEREAS, after notice was lawfully given, a public hearing was scheduled before the East County Regional Planning Commission on October 24, 1988 , whereat all persons interested might appear and be heard; and WHEREAS, on Monday, October 24, 1988, the East County Regional Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the East County Regional Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the rezoning request of Bellecci and Associates (Applicants) and Roy and Ralph Lucchesi (Owners) ( 2800-RZ) be approved for change from General Agriculture District (A-2) to Single Family Residential (R-7) , and that this zoning change be made as indicated on the findings map entitled: Page H-24 of the County' s 1978 Zoning Map. BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: The densities proposed by the applicant conform with those permitted at this location under the East County Area General Plan. BE IT FURTHER RESOLVED that the Chairman and the Secretary of the East County Regional Planning Commission shall respectively J Page 2 Resolution No. 69-1988 sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Planning Laws of the State of California. The instructions by the East County Regional Planning Commission to prepare this resolution were given by motion of the East County Regional Planning Commission on Monday, October 24, 1988 , by the following vote: AYES: Commissioners - Planchon, Andrieu, Catanzaro, Dean-Freemire, Denham, Maybee, Nunn, Harrison NOES: Commissioners - None ABSENT: Commissioners - Castiglione ABSTAIN: Commissioners - None I , Melissa Harrison, Chair 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 Monday, November 14, 1988 , and this resolution was duly and regularly passed and adopted by the following vote of the Commission: AYES: Commissioners - Castilgione, Andrieu, Catanzaro, Dean-Freemire, Denham, Maybee, Nunn, Harrison NOES: Commissioners - None ABSENT: Commissioners - Planchon ABSTAIN: Commissioners None t� air of the East County Regional P anning Commission, County of Contra Cos a, State of California ATTEST: Page 3 Resolution No. 69-1988 Secztefaryf t East County Regional Planning TM/-ssion, County of Contra Costa, State f California JE:plp i Findings Map A-2 - - LU MS - Rezone ��A•2 TATE LN From A-2 To R_7 0AkLEArea I, MEL/SSA NAZZISON ,Chairman of the East County Regional Planning Commission,Contra Costa County,State of California, do hereby certify that this is a true and correct copy of PArvE 1-/-24 OF 7,AEE GOIJJVTY& /47g zanNiNG MAR indicating thereon the decision of the East County Regional Planning Commission in the matter of Xezl- � £ A5_-w IE6 2800—.2z Ch irman of the East County Regional PI nning Commission,State of California ATT ecr tary o he East County Regional Planning o mission,State of California i Agenda Item #6,7 Community Development Contra Costa County EAST COUNTY REGIONAL PLANNING COMMISSION MONDAY, OCTOBER 24, 1988 - 7:30 P.M. I. INTRODUCTION BELLECCI AND ASSOCIATES (Applicant) - ROY, RALPH AND EMILY LUCCHESI (Own- ers) - The subject project consists of the following two related projects: County File #2800-RZ: The applicant requests approval to rezone 10+ acres from General Agricultural District (A-2) to Single Family Resi- dential District (R-7) . SUBDIVISION 7165: The applicant requests approval of a 33 lot subdi- vision. Subject property for the above-referenced projects is described as follows: Ten acres fronting on the west side of Empire Avenue (extending westward to Hagar Lane) , approximately 300 feet north of Bedford Lane, in the Oakley area. (ZA: G24) (CT 3020) (PARCEL #041-110-006) II . RECOMMENDATION Staff recommends approval subject to the attached conditions. III. GENERAL INFORMATION A. General Plan Designation: Residential 3-5 du/net acres. B. Existing Zoning: General Agriculture, A-2. Proposed Zoning: Single Family Residential District, R-7. C. CEQA Status: Negative Declaration. D. Site Description: The site consists of a narrow, rectangular parcel of approximately 10 acres which is presently vacant. The site is relatively level and extends from Empire Avenue westward to Hager Lane. E. Adjacent Land Uses: Across Empire Avenue to the east is the high density Gateway subdivision. To the north lies another 10 acre pro- perty owned by the Lucchesis, vacant except for one single family dwelling. To the south, and across Hager Lane (proposed) to the west, are inhabited properties ranging from 1 to 3 acres. IV. PROJECT DESCRIPTION The applicant requests concurrent approval of a rezoning application to rezone the subject 10 acres from A-2 to R-7, and a 33 lot subdivision. Proposed parcels of the subdivision range from 8,100 square feet to 12,300 2 square feet. Average lot size is 9,520 square feet. A small parcel (ap- proximately 4,800 square feet) designated as Parcel 'A' onl the tentative map lies in a pocket formed by the proposed access road at the subdivison's northeast corner. _ Parcel "A" is not slated for development at this time and should be included in the property to the north via a lot line adjustment. The properties are in common ownership. Access to the properties resulting from approval of this project would be via a single road off of Empire Avenue, connecting to four proposed courts ending in cul-de-sacs. The Oakley Water District and Oakley Sanitary Dis- trict would provide their respective services to this project. V. ANALYSIS A. Land Use: The densities proposed by the applicant conform with those permitted at this location under the East County Area General Plan. As proposed, the density would be approximately 4.4 dwelling units per acre. The lot sizes meet the standards of the proposed R-7 district. B. Oakley Municipal Advisory Council (OMAC) : The OMAC has voted to ap- prove this proposal subject to conditions of approval they place on requests of this nature (see attached letter) . OMAC also requested that the applicant adhere to the following additional conditions: 1. Lots abutting the homes on West Cypress....shoul.d. be a minimum of 10,000 square feet. 2. The type of fencing between the proposed development and the ex- isting homes on West Cypress should be of heavy-duty redwood de- sign. 3. Park fees of $850.00 per unit to be paid by the developer at the time of the final map. C. Buffering: The project site is bordered on the south by large parcels ranging from one to three acres. These properties will' need substan- tial buffering from the proposed project. The applicant has agreed to redesign the new parcels proposed to back up to these larger properties, so that they are 10,000 square feet in area. This, together with substantial heavy-duty redwood fenci-ng, should provide the needed buffer. The applicant has agreed to the latter as well . One neighbor has written to the Community Development Department with concerns about project design (see attached letter) . He felt that all parcels in the proposed subdivision should be at a 10,0.00 square foot minimum. In addition, he felt that a curvilinear street running from east to west (as approved in the Cunha subdivision to the south) would be preferable to courts. Staff feels that it is appropriate to es- tablish 10,000 square foot parcels immediately adjacent to the larger lots to the south. However, the smaller parcels proposed for the northern half of the subdivision are consistent with the East County 3 i Area General Plan and with recent approvals to the south. Staff also feels that the court street pattern as proposed allows more diversity in the configuration of lots bordering the West Cypress properties. Finally, the application is not for a Planned Unit District, but for a straight subdivision based on approval of rezoning to R-7. D. Road And Drainage Considerations: The attached conditions of approval include road and drainage requirements. The applicant should be aware of the County Ordinance Code requirements as they pertain to this de- velopment. This portion of Empire Avenue is presently proposed to have a 55 foot half width on the west side and a 42 foot half width on the east side. The narrower right of way width is necessary due to existing develop- ment on the east side of the road. In order to assure adequate sight distance along Empire-Avenue for the anticipated design speed, the County is proposing to undertake a road improvement project to accomplish the grade change in a timely manner. In order to coordinate and schedule the road work with the various developments proposed in the area, each development should be required to perform grading to support the frontage improvements which they will be required to construct with their developments such as curb, sidewalk, drainage, sound walls, border landscaping, miscellaneous signing and to construct temporary access from the development at fu- ture grade. This work will be done at the developers expense. The applicant should be required to delete the knuckle on "E" Court and replace it with a curve designed to minor street standards. The applicant should be required to align "A" Streetlwith Gum Tree Road to the west subject to the review and approval :of the Zoning Administrator. JE/SW/rjs/df rzXI : 2800-rx.je i Oakley Municipal Advisorl Council P y P. O. Bo: 827 • Oakley. California 94561 September 12,. 1988 Mr. Harvey Bragdon Community Development Department County Administration Building 651 Pine Street 4th Floor, North Wing Martinez, CA 94553 SUBJECT: File No. 2800-RZ, Subdivision 7165 Owner: Roy and Ralph Lucchesi Applicant: Bellecci and Ascociates Dear Mr. Bragdon: The subject application was heard by the Oakley Municipal Advisory Council at our regular meeting of September 6, 1988. The Oakley Municipal Advisory Council voted to approve the applicant's request for a single-family residential development subject to the conditions of approval OMAC places on requests of this nature (copy attached). In addition, OMAC places the following conditions upon the application. o Lots abutting the homes on West Cypress should be a minimum of 10,000 square feet. o The type of fencing between the proposed developme't and the existing homes on West Cypress should be of heavy-duty redwood design. o Park fees of $850.00 per unit to be paid by the developer at the time of the final map. We respectfully request that our recommendation be included in any future consideration of this application. If you have any questions concerning our recommendation(s) or require further information, please contact me at your earliest convenience. Regards, Richard Dillon, Chairman Oakley Municipal Advisory Council cc: Ralph Lucchesi Roy Lucchesi Bellecci h Associates East County Regional Planning Commission Supervisor Tom Torlakson O.M.A.C. STANDARD CONDITIONS OF APPROVAL 1 OMAC requires the following conditions (as applicable to the specific project) for approval. 1. Any slopes over 6" on a one-to-one needs retaining walls; Larger Larger slopes should be netted or sprayed. Any slopes over 10' should have cement v-ditches or French drains. 2. Main thoroughfares - Streets with a width of 110 feet will require a concrete or stucco-type fence (not to be called a sound wall). Secondary streets require some type of pillars (brick or wood) every eight feet to support wood, stucco, or concrete fences: 3. Main thoroughfare sidewalks to be meandering with landscaping; secondary streets to be straight, also with landscaping. 4. Maintenance-free or low-maintenance shade trees and shrubs to be planted. 5. Bike lanes to be provided where possible. 6. Side access should be provided on 25% of the proposed lots for recreational vehicle parking. (No street parking of RV's over 36 hours. 7. Any and all existing oak trees are to be preserved. 8. Roofs are to be constructed only of fire-retardent materials. 9. State guidelines should be followed for gas wells. 10. Developer is required to pay applicable police district fees. 11. Developer is required to pay all applicable park dedication fees. Adjoining developments should place parks adjacent to each other. 12. Developer is required to use cyclone fencing with redwood slats on adjoining properties, unless stated otherwise. II t e8 CED ` 1 EI _ 26 W. Cypress Place 1;_ ;ELtj-' :`i Oakley, CA 94509 } � September 16, 1988 Jean Mesick Community Development 651 Pine Street 4th Floor North Wing Martinez, CA 94553 Dear Jean This letter concerns Subdivision 7165, the Luccehesi property, Morrison Homes Developer, on 10 acres with 33 proposed homes, starting at 1400 square feet. Also, I think you should know that Morrison Homes has an option to purchase an additional 50 acres of adjoining land. Instead of the straight roads proposed on the map presented at GMAC, I would like to see curval linear streets. Courts are acceptable but a curval linear main street should definitely be considered: The proposed lot sizes of 9700 square feet are not acceptable since several other developments abutting one- acre parcels have been approved by the Board of Supervisors at 10,000 minimums. Specifically, the Travale minor subdivision required a minimum of 10,000 square foot lots and a 1800 square foot house. Just last week the supervisors approved plans for up to 12 homes on five acres at Live Oak Avenue and Gum Tree Lane. These lots will all be in excess of 10,000 square feet. The Board of Supervisors has approved all such subdivisions bordering on one- acre parcels with the requirement of 10,000+ lots. Therefore, I feel that this Morrison Homes Subdivision should not be approved until all lots are 10,000+. Also, I feel that to protect the current lifestyle, no two-story homes should directly abut one-acre parcels. To avoid problems during construction, the neighborhood would like the fence agreed to at the OMAC meeting installed before construction begins. Since the Oakley developers are not consistently installing quality fences, I would like you to work with OMAC about developing a set of standards- for fences. Empire Avenue is a main thoroughfare; therefore, concrete fences and appropriate landscaping should be required for that section. The winds are strong in this area; consequently, the developer will have to keep the sand wet even on weekends, such as is being done with Cypress Square. Please give me a call or drop me a note so I know you have received this letter and considered my .requests before this goes to East County Regional Planning Commission. Sincerely Bill Hough, OMAC Copy to Tom Torlakson