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HomeMy WebLinkAboutMINUTES - 02021988 - T.5 r0: ."*B-1ARD OF SUPERVISORS FROM: Harvey' E. Bragdon Contra Director of Community Development Cost DATE: January 15, 1987 Cairty SUBJECT: Appeal of the East County Regional Planning Commission decision on County File #MS83-86, an application by Charles Pringle, Jr. (Applicant and Owner) for a minor subdivision of 4.99 acres into four parcels in the Oakley area. SPECIFIC REQUEST(S) OR RECDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS r 1. Deny the appeal and uphold the decision of the East County Regional Planning Commission. BACKGROUND The Zoning Administrator denied this project and the East County Regional Planning Commission upheld an appeal of the Zoning Administrator ' s decision because it did not conform to the Oakley Area General Plan requirement to rezone to -P-1, Planned Unit District. One of the Implementation Policies of the Oakley Area General Plan requires the rezoning of the entire Planning Area to P-1, Planned Unit District. The County has initiated this action, but has required projects requesting hearing prior to the completion of the rezoning to file a rezoning application concurrent with the project. This rezoning allows the County to find the project in conformance with the Oakley Area General Plan. The applicant does not wish to file a rezoning application and therefore is appealing the decision to enforce this requirement. CONCLUSION It is recommended that the Board of Supervisors deny the appeal and thereby uphold the decision of the East County Regional Planning Commission and County Zoning Administrator. CONTINUED ON AZTACEHENT: YES SIGNATURE: 4 - ACTION OF BOARD ON February 2, 19 R R APPROVED AS RECOMMENDED OTSER This being the time noticed by the Clerk of the Board of Supervisors for hearing on this matter, Karl Wandry, Community Development Department, presented a brief history of the appeal before the Board and described the proposed project and the project site. Mr. Wandry advised the Board that should they desire to approve the project that it be conditioned that prior to filing a parcel map that the property be rezoned to P-1, so that Mr. Pringle could take action to file for the P-1 zoning or wait for the Oakley Planned Unit District to go through which is probably 60 days away and if the Board did not see fit to condition the project so, the staff would only recommend denial of the project. Supervisor Schroder questioned Mr. Pringle's assertion that he did not feel that P-1 is compatible with the ranchette development use. Mr. Wandry responded with a clarification on the P-1 zoning. Supervisor Torlakson commented that he had met with Mr. Pringle earlier and that Mr. Pringle did concur with the idea of accepting the P-1 zoning as a necessity with the General Plan. Supervisor Torlakson commented that he was prepared to move to add that and allow the project to move ahead. The public hearing was opened and the following people appeared to speak: Charles Pringle, P.O. Box 658, Brentwood, appellant, commented on accepting the zoning condition, and addressed conditions number 3 and number 6. He requested that water be available when the building permit is taken not prior to the filing of the map. Doug Hardcastle, 361 Honey Lane, Oakley, commented on various conditions including the density, road improvements, drainage, and fencing. Harold Hayden, Rt. 4, Box 21B, Oakley, commented on issues including density, and the size of lots in the area. Supervisor Torlakson clarified the definition of P-1 zoning. Charles Pringle spoke in rebuttal commenting that he would like to have the conditions as they are now with the requested modifications. The public hearing was closed. Supervisor Torlakson requested clarification from staff on the requested modifications of conditions 3 and 6. Karl Wandry responded that on condition 3 there could be minor modification relative to it being bonded for and on number 6, the condition would stand as it is. Supervisor Torlakson moved to uphold the decision of the Planning Commission requiring that the P-1 zoning be attached, that P-1 zoning be required and that could be an additional condition for the approval of this that in condition number 3 could be modified to allow bonding but water must be bonded or assured of being provided to the lots and further that in the final layout of the subdivision that consideration should be given to future development in the surrounding areas so that there would not be interference with other subdivision plans that might be occurring in the surrounding area. Therefore, IT IS BY THE BOARD ORDERED that the recommendations of Supervisor Torlakson are APPROVED, and the appeal of Charles Pringle from the decision of the East County Regional Planning Commission on County File MS 83-86 is GRANTED, and Minor Subdivision 83-86 is approved with amended conditions, Exhibit A attached, in the Oakley area. 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. :c: Community Development Dept. ATTESTED February 2, 1988 Charles Pringle PHIL BATCHELOR, CLERK OF H'�Iiiain'g Inspection THE BOARD OF SUPERVISORS Assessor AND COUNTY ADMINISTRATOR Public Works Oakley Fire Protection District BY a DEPUTY a:plp/ECII ZS83-86.bo CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION 83-86 1. This minor subdivision is approved as shown on the Tentative Map dated October 6, 1986 as received by the Community Development Department subject to the following conditions. 2. The variance for lot size is approved. 3. The applicant shall show a connection to a public water service is immediate available at the time a building permit is issued. Bonding is an acceptable method for satisfying this condition. 4. Utilities shall be placed underground. 5. The applicant shall comply with the Park Dedication Ordinance. 6. The applicant shall supply suitable water supply and proof of ability to dispose of sewage prior to filing of the Final Map. 7. If archaeologic materials are uncovered during grading, trenching or other on-site excavation, earthwork within 30 meters 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 mitigation measures, if they are deemed necessary. 8. Add the following notification to the Final Map prior to filing: "This document should serve as notification that you have purchased land in an agricultural area where you may regularly find farm equipment using location roads, farm equipment causing dust, crop dusting and spraying occurring regularly, noise associated with farm equipment and aerial crop dusting, and certain animals and flies may exist 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 tie of purchase." 9. Prior to filing of the Parcel Map, the applicant shall gain approval for rezoning this parcel to P-1, Planned Unit District. 10. Consideration shall be given for adjacent development required in the Oakley Area General Plan when the building sites are determined. 11. 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. B. The following exception to Title 9 is permitted for this subdivision: EK.HM7 W i -2- 1 Chapter 96-10, "Underground Utilities", for the existing structures. C. Convey to the County, by Offer of Dedication, a 28-foot half-width right of way along the easterly property line of this property for the ultimate 56-foot right of way width. This shall include a 10-foot radius right of way return at the intersection with Honey Lane. D. Construct an 18-foot paved road to County public road standards within a 25-foot access easement with a 2-foot wide rock shoulder along the west side along the east property line of this property. E. Construct a 16-foot road within a 25-foot access easement, with 2-foot wide rock shoulders between the east property line of this property and either State Highway 4, the County maintained portion of Malicoat Avenue or Laurel Road. Positive assurance of construction of all or a portion of these improvements by others would be accepted provided that the improvements will be constructed within one year of filing of this Parcel Map. F. Furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available from State Highway 4. G. An encroachment permit for construction within the State right of way shall be obtained from Caltrans through the Public Works Department, Engineering Services Division, if necessary. H. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East/Central County Travel Corridor as adopted by the Board of Supervisors. I. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across driveways. J. 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 permanent, road and drainage improvements. K. Comply with the drainage fee requirements for Drainage Area 30B as adopted by the Board of Supervisors. L. Construct the Drainage Area 30B, Line B, o.utfall and the portion of Line B and a storm drainage system between Line B and this property. Comply with the following advisory conditions of approval . A. Contra Costa Health Services Department: Meet applicable environmental health standards. MEN W < i _3_ t B. Oakley Fire Protection District: Comply with requirements of the Fire District. 12/12/86 12/23/86 1/14/87 4/30/87 MSIV/MS83-86C.kk - MEW A