HomeMy WebLinkAboutMINUTES - 12201988 - T.9 i
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA T. 9
Adopted this Order on December 20, 1988 by the following vote:
AYES: Supervisors Powers, Fanden, Torlakson and Schroder
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None
SUBJECT: Hearing On Rezoning Application 2801-RZ, Final Development
Plan 3024-88, and Tentative Subdivision Map 7163, Bellecci
and Associates and Monica Lorenzetti In The Oakley .Area.
This being the time heretofore noticed by the Clerk of the Board
of Supervisors for hearing on the recommendation of the East County
Regional Planning Commission on the request by Bellecci and Associates
(applicant) and Monica Lorenzetti (owner) ( 2801-RZ) to rezone 7 acres
of land from Single Family Residential District (R-10) to Planned Unit
District (P-1) , along with Final Development Plan #3024-88 and
Tentative Subdivision Map #7163 in the Oakley area.
Jean Mesick, Community Development Department, ; presented the
staff report on the project, including the applicant' s concern
relative to the access to the site off of Cypress Road, and commented
on the staff recommendations to accept the environmental -documentation
prepared for these items, accept the recommendation I of the East County
Regional Planning Commission and approve the rezoning, final
development plan and subdivision, adopt the findings of the Planning
Commission 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
#201, Concord, applicant, spoke on behalf of the Lorenzetti Family,
commented on disagreement with various conditions of approval for the
Final Development Plan, including park dedication, construction of
sidewalk along Cypress Road, Highway 4 improvements and access to the
site.
Supervisor Torlakson recommended that staff meet with Mrs.
Lorezetti and Mr. Bellecci to attempt to work out points of concern
and if they cannot do so to come back to the Board for action.
Supervisor Torlakson moved to continue the hearing on the above
matter to January 17, 1989, and direct staff to meet with himself and
the applicant to resolve issues raised today.
Therefore, IT IS BY THE BOARD ORDERED that the hearing on the
above matter is CONTINUED to January 17, 1989 at 2: 00 p.m. ; and
Community Development Department and Public Works Department are
DIRECTED to meet with Supervisor Torlakson and the applicant to
resolve concerns raised today.
I hereby certify that this Is a true and correct copy of
an action talrmn a c entered on the minutes of the
Orig. Dept. : Clerk of the Board Board of Suvisors on t e date shown.
cc: Community Development Department ATTESTED: �� lv
County Counsel pp� ,a
PHIL ��ICH�
Public Works. Department BATCHELOR, Clerk of the Board
of pervisors and County Administrator
Bellecci and Associates
Monica Lorenzetti
By , Deputy
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Revised Conditions of Approval for Rezoning 2801-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 residential units shall not exceed 52.
4. Prior to the issuance of Building Permits, the applicant shall submit sam-
ples of colors and exterior materials for review and approval of the Zoning
Administrator. The residences shall be of neutral color and complementary.
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. Drought-resistant, native species shall be
used to the greatest extent possible.
7. All frontyard landscaping shall be installed prior to occupancy. Front yard
landscaping shall be maintained by the applicant until occupancy.
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 30% of all residences shall have the
minimum setback required by zoning plus five feet. Applicant shall demon-
strate 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 $10.0 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.
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
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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 solid wood fences along the easterly and westerly
borders of project site. Similar fencing shall be constructed along the
north and east edge of the two, half-acre parcels between this project and
Cypress Rd. The latter fencing shall be implemented with appropriate
landscaping, in order to buffer the large lots from this development.
15. Applicant shall construct good neighbor-style fences. along the rear
property lines between all new lots.
16. Applicant shall comply with the Park Dedication Ordinance through payment
of fees. In addition the applicant shall construct a tot lot in the area
designated as special (adjacent to lot 30) and the area designated as lot
30. The play area shall total 8,480 square feet, and the applicant shall
install turf, irrigation and simple play equipment. Applicant shall be
responsible for establishment of a Homeowner's association to maintain this
and any other common areas of the development.
17. The area called out on tentative map/final development plan as R.V. parking
shall be paved and striped to instead accommodate additional automobile
parking. Applicant shall install lighting for this parking area and shall
be responsible for creation of a Homeowner' s association to assure its
ongoing maintenance.
18. The project (Subdivision 7163 and 3024-88) shall be restricted by a decla-
ration covenants, conditions and restriction (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 Commis-
sioner and enforce them. The CC&R's shall contain at least the following
provisions:
3
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 supervisory
jurisdiction over the enforcement of the provisions of this declara-
tion 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
of any common areas and exterior appearance, the County of Contra
Costa may give written notice of such 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 any pay
the County its costs (including attorney's fees and all other involved
County staff time) . Nothing contained herein shall limit any other
right or remedy which the County may exercise by virtue of authority
contained in ordinance or state law.
D. A statement in the CC &R's providing authority for the,Association to
collect the costs from the owners of property within said project of
any required maintenance and/or enforcement of the CC Ws.
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.
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19. Comply with drainage, road improvement, traffic and utility requirements as
follows:
A. Prior to issuance of building permits, file the Final Map for
Subdivision 7163.
JE/SW/df
dpIX:2801-rzc.je
Revised Conditions of Approval for Final Development Plan 3024-88
1. This application is approved as shown on the Final Development Plan dated
received by the Community Development Department on June 20, 1988.
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 residential units shall not exceed 52.
4. The Conditions of Approval for Rezoning 2801-RZ and Tentative Map 7163
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. Drought-resistant, native species shall be
used to the greatest extent possible.
8. All frontyard landscaping shall be 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 300 of all residences shall have the
minimum setback required by zoning plus five feet. Applicant shall demon-
strate 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
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.
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
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."
15. Applicant shall construct solid wood fences along the easterly and westerly
borders of project site. Similar fencing shall be constructed along. the
north and east edge of the two, half-acre parcels between this project and
Cypress Rd. The latter fencing shall be implemented with appropriate
landscaping, in order to buffer the large lots from this development.
16. Applicant ' shall construct good neighbor-style fences along the rear
property lines between all new lots.
17. Applicant shall comply with the Park Dedication Ordinance through payment
of fees. In addition the applicant shall construct a tot lot in the area
designated as special (adjacent to lot 30) and the area designated as lot
30. The play area shall total 8,480 square feet, and the applicant shall
install turf, irrigation and simple play equipment. Applicant shall be
responsible for establishment of a Homeowner's association to maintain this
and any other common areas of the development.
18. The area called out on tentative map/final development plan as R.V. parking
shall be paved and striped to instead accommodate additional automobile
parking. Applicant shall install lighting for this parking area and shall
be responsible for creation of a Homeowner's association to assure its
ongoing maintenance.
19. The project (Subdivision 7163 and 3024-88) shall be restricted by a decla-
ration covenants, conditions and restriction (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 Commis-
sioner and enforce them. The CC&R's shall contain at least the following
provisions:
3
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) adopted by the Board of Supervisors which approve the
tentative 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 supervisory
jurisdiction over the enforcement of the provisions of this declara-
tion 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
of any common areas and exterior appearance, the County of Contra
Costa may give written notice of such 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 any pay
the County its costs (including attorney's fees and all other involved
County staff time) . Nothing contained herein shall limit any other
right or remedy which the County may exercise by virtue of authority
contained in ordinance or state law.
0. A statement in the CC &R's providing authority for the Association to
collect the costs from the owners of property within said project of
any required maintenance and/or enforcement of the CC Ws.
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.
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20. 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 7163.
JE/SW/df
dpIX:3024-88c.je
Revised Conditions of Approval for Subdivision 7163
1. This application is approved as shown on the Tentative Map dated June 20,
1988 as received by the Community Development Department.
2. The number of lots shall not exceed 52.
3. Landscaping shall . be installed prior to occupancy. Landscaping shall be
maintained by the applicant until occupancy.
4. The Conditions of Approval for Rezoning 2801-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. Prior to recording a Final Map, issuance of Building Department permits, or
installation of improvements or utilities, submit a preliminary geology,
soil , and foundation report meeting the requirements of Subdivision Ordi-
nance Section 94-4.420 for review and approval of the Planning Geologist.
Improvement, grading, and Building plans shall carry out the recommenda-
tions of the approved report. Record a statement to run with .deeds to the
property acknowledging the approved report by title, author (firm) , and
date, calling attention to approved recommendations, and noting that the
report is on file for public review in the Community Development Department
of Contra Costa County.
The preliminary report shall include evaluation of the potential for
liquefaction, seismic settlement and other types of seismically-induced
ground failure by recognized methods appropriate to soil conditions dis-
covered during subsurface investigation.
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."
2
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 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.
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 construct solid wood fences along the easterly and westerly
borders of project site. Similar fencing shall be constructed along the
north and east edge of the two, half-acre parcels between this project and
Cypress Rd. The latter fencing shall be implemented with appropriate
landscaping, in order to buffer the large lots from this development.
11. Applicant shall construct good neighbor-style fences along the rear prop-
erty lines between all new lots.
12. Applicant shall comply with the Park Dedication Ordinance through payment
of fees. In addition the applicant shall construct a tot lot in the area
designated as special (adjacent to lot 30) and the area designated as lot
30. The play area shall total 8,480 square feet, and the applicant shall
install turf, irrigation and simple play equipment. Applicant shall be
responsible for establishment of a Homeowner's association to maintain this
and any other common areas of the development.
13. The area called out on tentative map/final development plan as R.U. parking
shall be paved and striped, to instead accommodate additional automobile
parking. Applicant shall install lighting for this parking area and shall
be responsible for creation of a Homeowner's association to assure its on-
going maintenance.
14. The project (Subdivision 7163 and 3024-88) shall be restricted by a decla-
ration covenants, conditions and restriction (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 Commis-
sioner 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) 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.
3
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 supervisory
jurisdiction over the enforcement of the provisions of this declara-
tion 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
of any common areas and exterior appearance, the County of Contra
Costa may give written notice of such 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 any pay
the County its costs (including attorney's fees and all other involved
County staff time) . Nothing contained herein shall limit any other
right or remedy which the County may exercise by virtue of authority
contained in ordinance or state law.
0. A statement in the CC &R's providing authority for the Association to
collect the costs from the owners of property within said project of
any required maintenance and/or enforcement of the CC Ws.
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.
15. Should archaeological materials be uncovered during grading, trenching or
other on-site excavations(s) , earthwork within 30 yards 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 mitigations(s) , if deemed necessary. The
applicant shall comply with the report recommendations.
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16. Applicant shall submit reductions of photographs presented for display at
the October 24, 1988 public hearing to the Community Development
Department, to become part of the permanent record for this application.
17. 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 4-foot 6-inch sidewalk, approximately 10 feet of
pavement widening, curbs, longitudinal and transverse drainage
along the frontage of Cypress Road. The face of curb shall be
located 10 feet from the widened right of way line.
2. Constructing a 5-foot meandering sidewalk, necessary pavement
widening, curbs, longitudinal and transverse drainage along the
frontage of State Highway 4. The face of curb shall be located
10 feet from the widened right of way line.
3. 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.
4. Undergrounding of all utility distribution facilities. An ex-
ception to this requirement is recommended for the existing house
on the parcel nearest Cypress Road.
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 .A of Drainage Area 30A lo-
cated on Cypress Road. Its adequacy must be verified prior to
being allowed to discharge run-off to it.
6. Prohibiting the discharging of storm waters to roadside ditches.
7. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
8. 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
County Traffic Engineer.
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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 Relinquish abutter's rights of access along State Highway 4 and Cy-
press Road, including curb returns. Temporary access to Cypress Road
shall be permitted at the existing house on the remainder parcel and
at "A" Street. The "A" Street temporary access shall terminate when
alternate access is available from Cypress Road. Permanent access to
Cypress Road shall be permitted at the "D" Street extension to Cypress
Road at Mellowood Drive.
C. The area within the State Highway 4 right of way shall be elevated to
the road level . This will require slope construction on the Subdivi-
sion side of the right of way.
D. Stub "B" Street out to the easterly boundary of this property.
E. Provide adequate sight distance at the curve in "D" Street. Provide a
sight easement suitable for a 25 mile per hour design speed and relo-
cate the driveway for lot 27 to the northwesterly line of that lot if
necessary.
F. An encroachment permit for construction within the State right of way
shall be obtained from Caltrans through the Public Works Department,
Engineering Services Division.
G. 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.
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 per-
manent, road and drainage improvements.
J. Comply with the drainage fee requirements for Drainage Area 30A as
adopted by the Board of Supervisors.
K. Apply for annexation to Drainage Area 300.
L. Construct Line A-7 in accordance with the Drainage Area 30A drainage
plan up to and through this property.
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M. Extend the storm drainage system to pickup drainage from the property
to the west.
N. Apply for annexation of this property to County Landscaping District
AD 1979-3 (LL2) .
0. Install permanent landscaping and automatic irrigation facilities
within the parkway and median areas and install interim landscaping
features within the future road areas.
P. Provide an acoustical analysis for State Highway 4 and Cypress Road
noise impacts based on horizon year traffic and ultimate road widen-
ing. Subject to the .review of the Public Works Department, Road Enr
gineering Division, provide adequate noise mitigation acceptable to
the Zoning Administrator.
Q. 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 along the easterly and westerly boundaries
of this subdivision and along the southerly extension of the road
designated as "D" Street.
R. Post a notice at the temporary dead end portions of the roads which
are proposed to be extended in the future along the easterly and
westerly boundaries of this subdivision and along the extension of "D"
Street to Mellowood Drive which reads as follows:
NOTICE: This street to be extended in the future.
S. Extend the "D" Street right of way to connect with Mellowood Drive.
The right of way shall be 28 feet wide adjacent to the Lucchessi
property and 56 feet wide north of that property. Omit proposed
Parcels 3 and 4.
T. "A" Street may be reduced to a 20 foot roadway width within a 25 foot
access easement constructed to County private road standards. The "A"
Street access to Cypress Road shall be designated as a temporary
access on the Final Map and shall be closed off when alternate public
road access is provided to this development from Cypress Road.
Ultimately "A" Street shall be vacated or cul de saced at Cypress
Road.
U. All interior subdivision streets shall be dedicated to the County and
constructed to County public road standards as 36 foot roads within 56
foot rights of way. "A" Street may be constructed as a 20 foot road
within a 25 foot right of way to private road standards.
V. Omit parking stalls east of Parcel 2 and shift parcel 2 eastward.
Relocate parking stalls. proposed immediately north of parcel 17 so
that they lie between "G" Street and parcel 13. Shift parcels 13
through 17 northward accordingly.
JE/SW/df
dpIX:sub7163c.je
Revised 10/24/88
REZONING APPLICATION #2801-RZ
DEVELOPMENT PLAN #3024-88
SUBDIVISION 7163
BELLECCI AND ASSOCIATES (Applicants)
MONICA LORENZ ETT I (owner)
OAKLEY AREA
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
DECEMBER 20, 1988 - 2:00 P.M.
i
RESOLUTION NO. 70-1988
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 MONICA LORENZETTI (Owner) (2801-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
Monica Lorenzetti (Owner) to rezone land in the Oakley area from
Single Family Residential District (R-10) to Planned Unit District
(P-1) , along with Final Development Plan #3024-88 and Tentative Map
#7163 , 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 September 29, 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 10, 1988, subsequently rescheduled to 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- an'
nd 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 Monica
Lorenzetti (Owner) (2801-RZ) be approved for- change from Single
Family Residential District (R-10 ) to Planned Unit District (P-1) ,
along with Final Development Plan #3024-88 and Tentative Map 7163,
and that this zoning change be made as indicated on the findings
map entitled: Pages G-25 and H-25 of the County' s 1978 Zoning Map.
BE IT FURTHER RESOLVED that the reasons for this
recommendation are as follows:
The proposed project is in accordance with the East County Area
General Plan.
Page 2 Resolution No. 70-1988
BE IT FURTHER RESOLVED that the Chairman and the Secretary of
the East County Regional Planning Commission shall respectively
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 - Catanzaro, Maybee, Dean-Freemire,
Denham, Harrison
NOES: Commissioners - Andrieu, Nunn
ABSENT: Commissioners - Castiglione, Planchon
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
l
aof the East County Regional-
Jr
P anning Commission, County of Contra
Costa, State of California
ATTEST:
Page 3 Resolution No. 70-1988
S crary f t ast County Regional
Planning C mmi sion, County of Contra
Costa, State o California;
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Findings Map
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Rezone From 2-10 To 04414 6Y Area
t f ME1.I.6Ss4 h4e eISON ..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 ,pQ6ES
Gr 25 r A( 2S OF 771E COUN77*5 L*V Z4v1414 ASAP `
indicating thereon the decision of the East County Regional Planning
Commission in the matter ofBEccECG ,t - 4ed TES
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Chfirman of the East County Regional
Pla g Commission,State of California
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ATTE
ary East County Regional
anning C m Sion,State of California
i
Agenda Item #1,2,3
i
Community Development Contra Costa County
EAST COUNTY REGIONAL PLANNING COMMISSION
MONDAY, OCTOBER 24, 1988 - 7:30 P.M.
SUPPLEMENTAL STAFF REPORT
I . INTRODUCTION
BELLECCI & ASSOCIATES (Applicant) MONICA LORENZETTI (Owner) , County File
#2801-RZ: The applicant requests approval to rezone 7 acres from Single
Family Residential District (R-10) to Planned Unit District (P-1) and pre-
liminary development plan approval for 52 residential sites.
BELLECCI & ASSOCIATES (Applicant) MONICA LORENZETTI (Owner) , County File
#3024-88: The applicant requests approval to develop 7 acres into 52 resi-
dential sites.
SUBDIVISION 7163 BELLECCI & ASSOCIATES (Applicant) MONICA LORENZETTI
(Owner) : The applicant requests approval to subdivide 7 acres into 52 res-
idential lots.
Subject property for the above-referenced projects is described as follows:
A combination of two parcels (7.05 acres total ) stretching between front-
ages on State Highway 4 and Cypress Road, 1,000 feet. east of. Rose Avenue in
the Oakley area. (R-10) (ZA:H-25) (CT 3020) (Parcel #035-282-041,045)
This item was continued from the East County Regional Planning Commission
meeting of October 10, 1988, at the request of the applicant. Applicant
requested further consultations with staff over street layout.
II. DISCUSSION
Staff has discussed this application further with the applicant and recom-
mends that the applicant be permitted an interim access onto Cypress Road
for the existing home on the remainder and at their "A" Street alignment.
The ultimate Cypress Road access to this development should still be at
Mellowood Drive. The applicant should only be required to dedicate right
of way for the extension of "D" Street to Mellowood Drive at this time.
The right of way should be 56 feet wide except in the area adjacent to the
Lucchessi property where it should be 28 feet wide. Extension of "D"
Street will impact the Lorenzetti home. The right of way line will be near
the exterior wall of the structure therefore the curb face would be ap-
proximately 10 feet from the home.
In association with the above road reconfiguration, parcels 3 and 4 would
be eliminated to allow for eventual "D" Street extension to south. Parcel
2 would shift to south in association with the elimination of parking
stalls to immediate east (see parking discussion below) . In addition,
Parcel A shall not be developed until such time as remainder parcel to
south develops.
2
"A" Street could be reduced to a 20 foot private road within a 25 foot ac-
cess easement. The. roadways dedicated to the County would not be accepted
for County maintenance until public road access is provided to County
standards. A homeowner' s association would have to be formed to provide
for maintenance of the roads.
Parking bays with stalls which result in vehicles backing into the public
road right of way are not desirable. Vans and trucks can significantly
block sight distance as vehicles back into the roadway.
The State Vehicle Code only allows perpendicular parking, such as this, if
specifically permitted by Board of Supervisor's resolution. Since this
project will be going to the Board of Supervisors, the ultimate decision
will be subject to their review.
There is a need for additional on-street parking because of the high den-
sity and the way in which the driveways limit on street parking. The area
designated "R.V. Storage" should be used for guest parking in the northern
portion of this development. Staff recommends that the "parking stalls"
located near Lot 2 and Lot 17 be eliminated and that a parking bay similar
to the ones previously proposed near lots 2 and 17 be located between "B"
Street and Lot 13. Lots 13 through 17 would shift to the north. Parcel 2
would shift to the east.
The applicant should be required to provide deed notification and physical
posting to notify potential buyers that roads in this Subdivision are pro-
posed for future extension.
JE/SW/df
dpIX:3024-88.sup
i
i
i
i
. _ 1
Community Development Contra Costa County
EAST COUNTY REGIONAL PLANNING COMMISSION
MONDAY, October 10, 1988 - 7:30 P.M.
I . INTRODUCTION
BELLECCI & ASSOCIATES (Applicant) MONICA LORENZETTI (Owner), County File
#2801-RZ: The applicant requests approval to rezone 7 acres from Single
Family Residential District (R-10) to Planned Unit District (P-1) and pre-
liminary development plan approval for 52 residential sites.
BELLECCI & ASSOCIATES (Applicant) MONICA LORENZETTI (Owner) , County File
#3024-88: The applicant requests approval to develop 7 acres into 52. resi-
dential sites.
SUBDIVISION 7163 BELLECCI & ASSOCIATES (Applicant) MONICA LORENZETTI
Owner : The applicant requests approval to subdivide 1 acres into 52 res-
idential lots.
Subject property for the above-referenced projects is described as follows:
A combination of two parcels (7.05 acres total ) stretching between front-
ages on State Highway 4 and Cypress Road, 1,000 feet east of Rose Avenue in
the Oakley area. (R-10) (ZA:H-25) (CT 3020) (Parcel #035-282-041,045)
II . RECOMMENDATION
Staff recommends approval subject to the attached conditions.
III . GENERAL INFORMATION
A. General Plan Designation: Residential 12-21 du/net acre
B. Existing Zoning: Single Family Residential R-10
Proposed Zoning: Planned Unit District P-1
C. CEQA Status: Negative Declaration
D. Site Description: The site is a combination of two existing parcels
which are largely level , with a nominal slope downward from south to
north. Site is currently vacant.
E. Adjacent Land Uses: The site is bordered by State Highway 4 to the
north, and Cypress Road to the south, across which lies high density
single family residential development. There is an existing mobile
home/trailer park on the adjoining parcel to the east, and the large
property to the west is undeveloped.
IV. PROJECT .DESCRIPTION
2
The applicant requests approval of three concurrent applications for a
planned unit development consisting at 52 residential sites. jA majority of
the residences are proposed to be constructed as duets, with two units side
by side, sharing one common wall . 7 units are proposed t0 stand alone,
with zero lot lines. Parcels range in area from 3,330 squarelfeet to 5,170
square feet. Average lot size is 3,650 square feet, and a majority of the
lots are exactly 3,500 square feet. Access to the subdivision is proposed
off of Cypress Road. The Oakley Water District and Oakley Sanitary Dis-
trict would provide their respective services to this development, and the
applicant must meet requirements of these agencies.
V. ANALYSIS
A. Land Use: . The East County Area General Plan designates a permitted
density of 12-21 units per acre at this location. As proposed, the
density resulting from this development would be 11.9 d.u./acre. The
proposed Rezoning, Subdivision and Final Development Plan are in ac-
cordance with the General Plan.
The applicant has proposed virtual single family residences in an area
which allows for the highest residential density in Oakley. Rather
than clustered, multi-family development, the applicant proposed in-
dividual 3,500 square foot lots. The result is very little outdoor
open space for residents. The Oakley Parks Plan shows 2 Flood Con-
trol/park sites and 1 school/park site in the subject sites neighbor-
hood park planning boundary. All are a considerable distance from the
proposed site. The map is attached for reference. Therefore, staff
recommends that the applicant be required to incorporate a tot lot
into the subdivision design, utilizing the area designated as "SPE-
CIAL" toward the northwest corner of the proposal together with pro-
posed lot 30 (total tot lot area: 8,480 square feet) .
The Board of Supervisors has directed staff to incorporate development
standards from the now-vacated 1987 Oakley Area General Plan. Staff
has incorporated several of these standards into the Conditions of
Approval for this application (e.g. varied setbacks, front yard land-
scaping, etc. ) .
B. GMAC: The Oakley Municipal Advisory Council submitted their Standard
Conditions of Approval for this proposal . OMAC's primary concern is,
that no recreational vehicle or boat parking be permitted on streets
within the subdivision, and that the area set aside for RV parking
within the subdivision be expanded. OMAC also requests that the ap-
plicant pay all applicable fees - including park dedication - at the
time of final map filing.
C. Buffering and Fencing: The need for buffering of existing uses from
this proposal should consist only of protection for the two 1/2-acre
properties adjoining the subject property from the south. This buff-
ering should take the form of fencing and landscaping. Additionally,
new residents of the proposed development should be buffered from 1)
State Highway 4 (See Road and Drainage Considerations, 2) existing
trailer court to east and undeveloped land to west, due to uncertainty
3
of future development densities on these properties and! 3) one anoth-
er, using good neighbor fences along adjoining rear yards.
D. Parking Considerations: The number and closeness of driveway openings
onto the streets of this subdivision would minimize the amount of us-
able on-street parking. The applicant has proposed two areas of
parking stalls adjacent to lots 2 and 17. The design and location of
these have been deemed unacceptable by the Public Works Department.
Staff recommends that the area designated R.U. parking at the north-
east corner of the site be instead automobile parking for residents
and visitors.
E. Road and Drainage Considerations: The attached conditions of approval
include road and drainage requirements. The applicant should be fully
aware of the County Ordinance Code requirements as they pertain to
this development.
The applicant is proposing access to Cypress Road approximately 135
feet east of Mellowood Drive. The proposed access point is located
-immediately west of the existing mobile home park access. Staff rec-
ommends that the proposed access to this property should be realigned
to connect with Mellowood Drive. The proximity of the presently pro-
posed access, the mobile home park access and Mellowood Drive would
increase turning movement conflicts and accident potential .
The existing house located directly east of the northerly extension of
Mellowood Drive would .be located approximately 10 feet from the pro-
posed curb face based on a 36 foot road within. a 56 foot right of way.
. Since the applicant would be required to construct at least a 28 foot
road within a 40 foot right of way to provide county public road
standards, offsite right of way acquisition and condemnation may be
required.
Mellowood Drive presently serves as the only southerly Cypress Road
access between Rose Avenue and the easterly edge of this property.
Abutter's rights of access have been relinquished along that portion
of the southerly side of Cypress Road. Abutter's rights of access
should be relinquished along this portion of the northerly side of
Cypress Road as development occurs in order to minimize turning move-
ments and to limit accident potential .
All of the roads in this subdivision may serve in excess of 24 homes
each. Therefore, the applicant should be required to construct these
roads at least as 36 foot roads within 56 foot rights of way.
The parking stalls shown in the vicinity of Lot 1 and Lot 17 are un-
acceptableand should be elminated.
JE/SW/df
DPIX:3024-88.je
10/5/88