HomeMy WebLinkAboutMINUTES - 01261988 - 1.48 1,g1rA
TO: BOARD OF SUPERVISORS
Harvey E. Bragdon, n,.,�,
FRCM� lJf lDirector of Community Development �.� tra
January 26, 1988 CWIa
DATE: Co Irt/
Rezoning Application #2714-RZ to Rezone 28+ Acres o d vVl.�� �L�
SUBJECT: Located on the West Side of State Highway 4, Southwest of its
Intersection with Laurel Road in the Oakley Area.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. Adopt the findings. as set forth in Attachment B as the
determinations for these actions, together with—amended,
Conditions of Approval attached hereto) Attachment A!.
2. Adopt Ordinance 87-105 giving effect to Rezoning Application
#2714-RZ.
BACKGROUND
The Board of Supervisors approved Rezoning 2714-RZ on September
29, 1987, with amended conditions and directed staff to prepare
the necessary documentation.
CONTINUED ON ATTACHMENT: YES 51GNATUR
NF
RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMEN TION F B ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): p p
ACTION OF BOARD ON January 26 , 190 O APPROVED AS RECOMMENDED _ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: Community Development Department ATTESTED January 26 , 1988
County Counsel PHIL BATCHELOR. CLERK OF THE BOARD OF
Applicant/owner SUPERVISORS AND COUNTY ADMINISTRATOR
Assessor
Public Works
Building Inspection BY
M382/7-83OA. 1 DEPUTY
Oakley Fire Protection District
CONDITIONS OF APPROVAL FOR PRELIMINARY DEVELOPMENT PLAN 2714-RZ
1. This approval is based upon the preliminary development plan, schematic
building elevation drawings and other material submitted with the applica-
tion, dated received by the Community Development Department September 14,
1987.
2. This approval is for not more than 105 residential lots serving to give
direction in preparation of the Final Development Plan. Each segment of
this proposed development shall be subject to review with the Final
Development Plan. Additional requirements, modifications or reduction of
lots may be specified with review of the Final Development Plan. The
following modifications to the Preliminary Development Plan shall be
required for the Final Development Plan:
A. Lots 100 - 103 shall be reconfigured to provide minimum lot size of
14,000 sq., ft. Should any excess remain after the reconfiguration, it
may be applied to Lots 84 - 86. Dwelling units at the area of lots
100-103 shall be a minimum of 2,000 sq. ft. and one-story height.
B. Lots 66 - 71 and Lots 87 - 99 shall be a minimum of 10,000 sq. ft. in
size.
3. The guide for development including dimensional requirements shall be the
Single Family Residential District R-6, including the following:
A. Minimum setback shall be 20 feet with 27 percent of the development
having 27 foot setbacks, to be identified on the Final Development
Plan. Secondary setbacks shall be a minimum of 15 feet.
B. Minimum sideyard shall be 5 feet with not less than 10 feet between
buildings. Minimum rearyard shall be 15 feet.
C. At least 25 percent of proposed residences shall have side entry
garages and shall be identified on the Final Development Plan. The
applicant shall provide typical layouts of side entry unites with
submittal of the Final Development Plan.
4. A preliminary landscape plan shall be submitted with the Final Development
Plan utilizing California Native Species and conforming to the Contra Costa
County policy on water conservation requirements for new development, and
to include the area along Highway 4, Laurel Road, the proposed park, and
that to be provided at front yard areas.
A. Landscaping shall be provided along the western property line adjacent
to APN 034-260-013.
5. A sound barrier wall shall be provided along Highway 4 south from Laurel
Road. The design, type and height shall be indicated with the Final
Development Plan.
A. The sound wall shall be extended along the western property line
adjacent to APN 034-260-013 and shall be located so as to provide
landscaping between the soundwall and adjacent property.
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6. Cyclone wire fencing with slats shall be provided along the western
property line, adjacent to APN 034-260-014.
7. Provision for a TSM program (Transportation Systems Management) shall be
required with this development. The program shall be submitted for review
and approval of the Zoning Administrator prior to filing of the final map.
8. Provision for child care facilities and/or services shall be required for
this development. The program shall be submitted for review and approval
of the Zoning Administrator prior to filing of .the final map.
9. A traffic report shall be submitted with the applications for the Final
Development Plan.
10. Community Services "Will-Serve" letters shall be submitted with the appli-
cations for the Final Development Plan and Tentative Subdivision 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
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.
12. Comply with drainage, road improvement, traffic and utility requirements as
follows:
A. Submit a revised site plan including off-site improvements, for the
review of the Public Works Department, Road Engineering Division, and .
the review and approval of the Community Development Department which
incorporates the following:
1) Intersection channelization for State Highway 4 and Laurel Road
which will provide for road additional pavement widening and
right of way for left turn lanes.
2) Extension of "D" Street northerly as a 32-foot road within a
52-foot right of way to serve the Graunstadt property.
B. Submit traffic report analyzing local and regional traffic impacts.
The report shall be submitted with the application for the Final
Development Plan and Tentative Subdivision Map. Recommendations in
the traffic report may result in modifications to the circulation
system.
MOW A
3
13. The following deed notification shall be required for filing the final map:
"This document should serve as notification that you have purchased land in
an agricultural area where you may regularly find farm equipment using
local roads, farm equipment causing dust, crop dusting and spraying occurr-
ing regularly, noise associated with farm equipment and aerial crop dust-
ing, 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 time of purchase."
14. The applicant shall submit a materials and color board for review and
approval of the 2.A. Roof material shall be compatible with that and
existing residences in the area.
15. The tot lot shall not receive credit against the required park dedication
fees. Maintenance of the tot lot shall be the responsibility of a home-
owners' association or similar entity.
16. The dwelling units shall have a minimum size of 1,320 sq. ft. except as
indicated in condition #2 above. Dwelling units along Laurel Road shall be
one-story building permit.
17. This project along with its concurrent Final Development Plan and
Subdivision shall be restricted by a declaration of covenants, conditions
and restrictions (CC & R's) receiving the prior approval of the Community
Development Department and the County Counsel , meeting applicable regula-
tions of the California State Real Estate Commissioner and providing for a
Architectural and Maintenance Committee to administer 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)
esolu-
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.
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
modification shall conform to the requirements of Contra Costa County.
D. A statement substantially in the following form: "The County of
Contra Costa (or any city successor in interest) is hereby given super-
visory jurisdiction over the enforcement of the provisions of this
declaration dealing with maintenance, cleanliness, and repair of any
common areas and exterior appearance of the project. In the event of
4.
a 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 and pay to the County its costs
(including attorneys' 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.
E. A statement in the CC & R's providing authority for Association to
collect the costs from the owners of property within said project of
any required maintenance and/or enforcement of the CC & R's.
F. 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.
BT/aa
5/7/87
7/1/87
9/21/87
9/30/87
10/6/87
2/11/88
RZVI/2714-RZC.BT
ATTACHMENT B
FINDINGS IN 'SUPPORT OF RESOLUTION APPROVING
APPLICATION OF JAMES R. STEDMAN AND ASSOCIATES
(APPLICANT) AND DONALD T. CLEMETSON (OWNER) TO
REZONE LAND (2714-RZ) AND TO APPROVE
PRELIMINARY DEVELOPMENT PLAN (PDP 2015-87) FOR
DEVELOPMENT OF SUBJECT PROPERTY IN
THE OAKLEY AREA
WHEREAS, James R. Stedman and Associates
("Applicant") , on behalf of Donald T. Clemetson ("Owner") , on
February 26, 1987 submitted a request to rezone approximately
28 acres located on the west side of State Highway 4, southwest
of its intersection with Laurel Road in the Oakley area from
Single Family Residential (R-10) to Planned Unit District
(P-1) . On the same date, Applicant submitted a request for
approval of a development plan (3015-87) for the subject
property.
WHEREAS, on July 13, 1987, the East County Regional
Planning Commission (the "Commission") recommended approval by
this Board of Supervisors of Applicant's requested rezoning
(2714-RZ) and preliminary development plan with conditions;
WHEREAS, an Initial Study of Environmental
Significance was prepared by the Community Development
Department, dated March 29, 1987, which determined that the
project proposed by Applicant would not have any significant
environmental impacts which were not. adequately addressed by
1
the Oakley EIR certified by this Board on April 28, 1987 (the
"Oakley EIR") in connection with the Oakley Area General Plan
(the "Oakley Area Plan") ;
WHEREAS, for purposes of compliance with the
provisions of the California Environmental Quality Act ("CEQA")
and State and County CEQA Guidelines, a Negative Declaration of
Environmental Significance regarding Applicant' s proposed
rezoning and Preliminary Development Plan was prepared, posted
and circulated;
WHEREAS, after notice lawfully given, public hearings
on each item were held September 29, 1987, at 2:30 p.m. in the
Board of Supervisors' chambers in Martinez, California;
WHEREAS, having reviewed and considered all materials
and testimony made available to the Board of Supervisors
including, but not limited to, the Contra Costa County General
Plan (the "County General Plan") , the East County General Plan
(both prior to its amendment by the Oakley Area Plan and as
amended by the Oakley Area Plan) , the Oakley EIR and Findings
covering the Oakley Area Plan, the recommendation of the
Commission, the Community Development Department Staff reports
(the "Staff Report") , the various mitigation measures,
conditions of approval, changes and modifications to the
project, and all testimony and evidence in the record of the
2
proceedings with respect to the project and these applications,
the Board approved the rezoning (2714-RZ) of the approximately
28 acres comprising the project site from Single Family
Residential (R-10) to Planned Unit District (P-1) and approved
Applicant 's Preliminary Development Plan for the development of
not more than 105 single family residences and associated
improvements in a P-1 zone, subject to the Conditions of
Approval set forth in Attachment A (the "Project") .
NOW, THEREFORE, THE BOARD OF SUPERVISORS HEREBY
ORDERS, RESOLVES, ADOPTS AND FINDS AS FOLLOWS:
1. With respect to the foregoing approvals of the
rezoning and the Preliminary Development Plan, the Board finds
as follows:
A. Findings Required Under Section 26-2. 1806 of
the Contra Costa County Code.
(1) The zoning change hereby approved will
substantially comply with the County General Plan as set forth
more particularly in the East County Plan, both prior to
amendment, and as amended by the Oakley Area Plan. In
'particular, the Board finds that:
3
(a) The .density of the Project is
consistent with the East County Plan, both prior to amendment,
and as amended by the Oakley Area Plan. The Conditions of
Approval imposed by the Board will further ensure that the
Project is consistent with the East County Plan.
(b) The Condition of Approval
requiring payment of a park dedication fee (Condition 15) and
Applicant 's provision of a "tot lot" in the Project ensure that
the Project is consistent with the Open Space element of the
East County Plan, both prior to amendment, and as amended by
the Oakley Area Plan;
(c) The Condition of Approval
requiring participation in a special tax area for police
service (Condition 11) ensures that the Project is consistent
with the Community Facilities and Services element of the East
County Plan, both prior to amendment, and as amended by the
Oakley Area Plan.
(d) The Condition of Approval
requiring provision of a Transportation System Management
Program (the "TSM program") (Condition 7) and the condition
requiring Applicant to submit a traffic study (Condition 9)
will ensure that the Project is consistent with the Circulation
4
element of the East County Plan, both prior to amendment, and
as amended by the Oakley Area Plan.
(e) The Condition of Approval
requiring Applicant to obtain a letter from each agency that
provides community services certifying its ability to serve the
needs of the development (Condition 10) will ensure that the
Project is consistent with the Growth Management Program
element of the Oakley Area Plan;
(2) The uses authorized and proposed in the
land use district are compatible within the district and with
uses authorized in adjacent districts . Land uses authorized in
the vicinity of the Project include residential development
projects with higher or comparable densities. The Staff Report
indicates that the Project will be compatible with the
surrounding neighborhoods; that the structures will be of a
scale similar to that of adjacent proposed developments; that
the roadway system includes curbed roadways and meandering
sidewalks to provide visual variety; and that the dwelling
units are set with varying setbacks to avoid monotonous street
frontage. Compatibility of use also is ensured through traffic
measures imposed by Conditions of Approval requiring Applicant
-to provide a TSM program (Condition 7) and a traffic study
addressing regional and local traffic circulation (Condition 9) .
5
s
(3) Community need for the use proposed has
been demonstrated. The Oakley EIR identifies the needs both
for moderate income housing in the Oakley area and for
improvements to the infrastructure.
B. Findings Required Under Section 84-66 . 1406
of the Contra Costa County Code.
(1) Applicant proposes to commence
construction in 1988, or as soon thereafter as it has received
all necessary approvals .
(2) The proposed Planned Unit Development
is consistent with the County General Plan as set forth more
particularly in the East County Plan, both prior to amendment,
and as amended by the Oakley Area Plan. See, Oakley Area Plan,
Figure 7, p. 27 which characterizes the Project area as
"developing urban. " In particular, the Board finds that:
(a) The density of the Project is
consistent with the densities considered appropriate by the
East County Plan, both prior to amendment, and as amended by
the Oakley Area Plan. The Conditions of Approval imposed by
the Board will further ensure that the Project is consistent
with the East County Plan.
6
e '
(b) The Condition of Approval
requiring payment of a park dedication fee (Condition 15) and
Applicant' s provision of a "tot lot" in' the Project ensure that
the Project is consistent with the Open Space element of the
East County Plan, both prior to amendment, and as amended by
the Oakley Area Plan;
(c) The Condition of Approval
requiring participation in a special tax area for police
service (Condition 11) will ensure that the Project is
consistent with the Community Facilities and Services element
of the East County Plan, both prior to amendment, and as
amended by the Oakley Area Plan.
(d) The Condition of Approval
requiring provision of a TSM program (Condition 7) and the
condition requiring a traffic study addressingcregional and
local traffic circulation (Condition 9) will ensure that the
Project is consistent with the Circulation element of the East
County Plan, both prior to amendment, and as amended by the
Oakley Area Plan;
(e) The Condition of Approval
requiring Applicant to obtain a letter from each agency that
provides community services certifying its ability to serve the
needs of the development .(Condition 10) will ensure that the
7
x
Project is consistent with the Growth Management Program
element of the Oakley Area Plan;
(3) The Project will constitute a
residential environment of sustained desirability and
stability, and will be in harmony with the character of the
surrounding neighborhood and community. The Condition of
Approval requiring the development to be governed by a
declaration of covenants, conditions and restrictions (the
"CC&Rs") which provides for an Architectural and Maintenance
Committee to ' oversee maintenance and improvements
(Condition 17.B) , and the Condition of Approval requiring that
the CC&Rs provide for County (or any city successor in
interest) enforcement of the maintenance, cleanliness, and
repair covenants (Condition 17.D) will ensure the sustained
desirability and stability of the development.
The Project will be in harmony with the "developing
urban" character of the surrounding neighborhood and
community. In addition, the Conditions of Approval requiring
Applicant to landscape along the boundaries of nearly all
adjacent property (Condition 4.A) , to install a fence with
slats along the remaining boundary (Condition 6) , and to obtain
approval for all materials and colors used in the Project
(Condition 14) will ensure visual harmony with the surrounding
neighborhood and community.
8
2. With respect to compliance of the foregoing
approvals of the rezoning and the Preliminary Development Plan
with the requirements of CEQA, the Board finds as follows :
(a) The Oakley EIR was certified by
this Board to have been completed in compliance with CEQA on
April 28, 1987. The Oakley EIR adequately describes and
identifies the general environmental setting of Applicant 's
Project, the significant environmental impacts of the Project
and the alternatives and mitigation measures related to each
significant effect.
(b) As set forth more fully in the
Supplemental CEQA Findings attached hereto as Exhibit A, the
significant environmental effects of Applicant' s Project
identified in the Oakley EIR, including cumulative impacts,
have been substantially mitigated or avoided by changes or
alterations which have been required for, or incorporated into,
the Project, or which will be required for, or incorporated
into the Project at such time as the tentative subdivision map
or final development plan are approved.
(c) To the extent any significant
environmental effects identified in the Oakley EIR have not
been substantially mitigated or avoided, such mitigation would
require changes or alterations to the Project which are within
9
the responsibility and jurisdiction of other public agencies
and such changes have been required by such agencies, or can
and should be required by such agencies.
(d) To the extent any significant
environmental effects of Applicant's Project identified in the
Oakley EIR have not been substantially mitigated or avoided by
Conditions of Approval imposed by the Board or cannot be
substantially mitigated by changes required by other public
agencies, such effects cannot be mitigated except by mitigation
measures or project alternatives which this Board finds to be
infeasible, given economic, social and other considerations.
Specifically, the .economic, social and other benefits provided
by the Project, including employment and housing opportunities,
recreational amenities and childcare services, and substantial
landscaping, traffic, and circulation improvements, as more
particularly set forth in the Conditions of Approval and in the
Supplemental CEQA Findings set forth in Exhibit A, meet
important needs of the community and will contribute
substantially to the quality of life in the Project area.
Accordingly, the Board finds that to the extent any impacts of
the Project remain unmitigated, such impacts are overridden by
economic, social and other considerations which justify and
require approval of the Project as mitigated herein.
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3 . With respect to compliance of the foregoing
approvals of the rezoning and the Preliminary Development Plan
with the requirements of CEQA, the Board further adopts the
Supplemental CEQA Findings attached hereto as Exhibit A.
4 . It is the intent of the Board that the foregoing
findings, including the findings, determinations and statements
set forth in Attachment A and in Exhibit A attached hereto, be
considered as an integrated whole, and that any finding
required or permitted to be made by the Board shall be deemed
made if it appears in any portion of these Findings .
MG:mc/1
16025
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EXHIBIT A
SUPPLEMENTAL CEQA FINDINGS ON THE SIGNIFICANT
ENVIRONMENTAL EFFECTS OF THE JAMES R. STEDMAN & ASSOCIATES
(APPLICANT) AND DONALD T. CLEMETSON (OWNER) PROJECT (RZ-2714)
IDENTIFIED IN THE OAKLEY AREA
GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, AND
STATEMENT OF OVERRIDING CONSIDERATIONS
I . CEQA FINDINGS.
1. Significant Impact - Geology and Soils
The EIR indicates that the soils in the development
area have poor drainage and high erosion hazard
characteristics. Cuts and fills from development could
increase erosion which in turn could cause foundation stability
problems for new construction. Also, the EIR indicates that
sediment may accumulate in existing drainage facilities with a
reduction in carrying capacities.
(a) Facts
The Project site is relatively level with only
minor variations in elevations and the Project will not result
in steep graded slopes. Review and approval of landscaping
plans is required by Condition of Approval 4 and erosion
control planting will be required if deemed necessary.
Applicant's storm drainage system will be evaluated when the
improvement plans are submitted for review as required by
Conditions 2 and 12A. Applicant is subject to the requirements
1
of the County Subdivision Ordinance (Title 9) , which requires
the conveyance of all stormwaters entering or originating
within the property to a natural watercourse having a definable
bed and banks or to an existing adequate storm drainage
facility. The property is located within Drainage Area 30A,
and Applicant will be required to pay drainage fees and annex
the property to Drainage Area 30A before the filing of the
final map or issuance of a building permit.
(b) Findings - The Board finds that the Project
does not create a high erosion hazard, and that the Conditions
of Approval imposed on the Project, the provisions of the
County Subdivision Ordinance and future review and approval
processes will substantially mitigate impacts related to
drainage and soil conditions.
2. Significant Impact - Hydrology and Water Ouality
The EIR indicates that certain parcels designated for
residential use within the Oakley Area are located within the
100 year flood hazard zones, that existing drainage facilities
may be insufficient, and that a safe drinking water supply from
the ground water is uncertain.
(a) facts. Applicant is subject to the County
Subdivision Ordinance (Title 9) which requires that all
portions of the Project must be protected from flood hazard,
and that all finished floors must lie above the 100-year flood
elevation. As indicated in section 1 above, numerous
mitigation measures have been or will be imposed on the Project
2
ensuring the adequacy of drainage improvements necessary to
serve the Project and protect nearby areas. Condition of
Approval 10 requires Applicant to ascertain that the Oakley
Water District can provide a safe and reliable domestic water
supply. The EIR notes that increased residential and decreased
agriculture uses actually will enhance the quality of the
ground water.
(b) Findings . The Board finds that the potential
impact on hydrology and water quality will be substantially
mitigated by the County Subdivision Ordinance provisions and
the Conditions of Approval imposed on the Project.
3 . Significant Impact - Vegetation and Wildlife
The EIR indicates that the redesignation of land now
used for agriculture south of Highway 4 will result in the
elimination of orchards, vineyards and agricultural uses .
(a) Facts. The Staff Report dated September 15,
1987 characterizes the Project site as an area of agricultural
use in transition to residential use. There is existing
residential use in the immediate vicinity. Condition of
Approval 4 requires Applicant to perform extensive landscaping,
and the preliminary landscaping plan will be reviewed and
approved by the Community Development Department. There are a
few pine trees, but no oak, walnut, . or almond trees on the site.
(b) Findings. The Board finds that elimination
of agricultural lands will occur as a result of the Project;
i
however, landscaping will partially mitigate this impact.
3
4 . Significant Impact - Land Use.
The EIR indicates that development under the
Oakley Area Plan will decrease the amount of acreage designated
for agricultural production in favor of residential, industrial
and commercial development.
(a) Facts. The Staff Report dated September 25,
1987, indicates that the Project conforms to the applicable
growth management policies set forth in the Oakley Area Plan.
A mitigation measure proposed in the EIR is for phasing of
development in the area south of Laurel Road according to the
availability of public services and utility capacities.
Condition 10 requires Applicant, prior to the filing of a final
map, to obtain a letter from each agency providing service
certifying its ability to serve the needs of the development.
The EIR also proposes buffering of residential uses to minimize
conflicts with existing agriculture use. Conditions of
Approval requiring notice of agricultural use to potential
property owners (Condition 13) , increased lot setbacks
(Condition 3) , lower densities (Condition 2) , and fencing of
perimeter areas (Conditions 5 & 6) are imposed on the Project.
(b) Findings. The Board finds that the amount
of acreage designated for agricultural production will decrease
as a result of this Project. However, the Board finds that
this Project nonetheless is consistent with East County Plan,
before its amendment by the Oakley Area Plan, and with the
growth management policies set forth in the Oakley Area Plan.
4
The Board finds further that the land use impacts will be
substantially mitigated by the Conditions of Approval and other
mitigation measures imposed on the Project.
5. Significant Impact - Visual Quality
and Community Character,
The EIR indicates that the character of the Oakley
area would change from rural to suburban and that views of
fields and open space on the perimeter of Oakley would be
altered.
(a) Facts . The September 25, 1987 Staff Report
indicates that Applicant has provided a development that will
be compatible with surrounding neighborhoods. The structures
wil be of a scale similar to those of adjacent development, the
roadway system includes curved roadways with cul-de-sacs to
provide visual variety and interest to the site, and existing
trees will be preserved where possible to maintain the
agricultural quality of the area. The EIR recommends, as a
r
mitigation measure, that landscaping using California Native
Species be incorporated along all major roads. Accordingly,
Condition of Approval 4 requires landscaping along Laurel Road
and Highway 4 using California Native Species. The EIR further
proposes that community design guidelines be incorporated into
the planning and review process to mitigate the potential
adverse effects by creating distinct boundaries between urban
and agricultural areas. Condition of Approval 3 requires
Applicant to adhere to urban design guidelines requiring large
5
and varied setbacks, side entry garages, and larger (some as
large as 14, 000 square feet) lots on the perimeter of the
Project. Condition of Approval 14 requires Applicant to submit
a materials and color board for review and approval of the
Zoning Administrator.
(b) Findings . The Board finds that the visual
quality and community character impacts resulting from the
change from rural to suburban uses cannot be fully mitigated.
However, the Board finds that the adverse impacts have been
substantially mitigated by the scale and design of this
Project, and by the Conditions of Approval imposed on the
Project.
6.. Significant Impact - Cultural Resources
The EIR indicates that development potentially
could result in adverse impacts to subsurface archaeological
resources.
(a) Facts. The EIR proposes as a mitigation
measure that the Project conform to criteria for protection of
archaelogical resources, including stopping work in the area
where archaeological resources are discovered until the find
can be evaluated by a qualified archaeologist. The Community
Development Department will require, as a condition of approval
to the final development plan, that if archaeological materials
are uncovered during grading or on site excavation, all
earthwork within 30 meters of such materials will be stopped
pending a review by a qualified archaeologist.
6
(b) Findings . The Board finds that any impacts
on cultural resources can be mitigated during the Project
development stage by imposing the mitigation measure
recommended by the EIR on the Project.
7. Significant Impact - Traffic and Circulation:
The EIR identifies numerous traffic and
circulation impacts arising out of the Oakley Area Plan. In
particular, a traffic impact is expected at the intersection of
Highway 4 with Laurel Road. The EIR notes that Highway 4 would
be most severely affected, while the local road network
generally would be less affected.
(a) Facts . The EIR recommends, and Condition of
Approval 7 consequently requires, that Applicant implement a
Transportation Systems Management program (the "TSM program")
to reduce impacts on traffic. To further mitigate the traffic
and circulation impacts of the Project, Condition 9 requires
Applicant to submit a traffic study addressing regional and
local traffic circulation prior to filing the final map. The
Zoning Administrator will use this traffic study to implement
further mitigation measures recommended in the EIR. The EIR
also recommends that the ultimate geometric design of all
intersections should be prepared now for build-out condition,
and that rights-of-way should be acquired at the earliest
possible stage. Condition 12.A (1) requires Applicant to
submit a plan providing for intersection channelization, right
of way dedication, and pavement widening to the Public Works
7
Department and Community Development Department for review and
approval . The Staff Report recommends that thereafter,
conditions of approval requiring substantial dedications,
improvements and payments related to the enhancement of traffic
and circulation within the Project area be imposed on the final
development plan for the Project. All interior streets will be
dedicated to the County and constructed to County public road
standards .
(b) Findings . The Board finds that the impacts
of the Project on traffic and circulation can be substantially
mitigated by the implementation of EIR-proposed mitigation
measures and the imposition of Conditions of" Approval on this
Project. In particular, the Board finds that the TSM program,
the traffic study, and the substantial roadway improvements and
dedications to be exacted from the Project will substantially
mitigate the traffic and circulation impacts arising from the
Project.
S. Significant Impact - Climate and Air Quality
The EIR identifies the impact of increased
vehicular traffic on air quality but acknowledges that
increased emissions would not significantly threaten local air
quality due to the currently low level of pollutants. The EIR
also identifies the impact of construction in generating dust.
(a) Facts. Condition 7 adopts the EIR
recommendation and requires Applicant to implement a TSM
program to mitigate the potential adverse affects of increased
8
vehicular traffic on air quality. Applicant' s Project is one
of the first development Projects approved in the Oakley Area
since adoption of the Oakley Area Plan. Accordingly, and
because adjacent uses are primarily agricultural, construction
dust abatement measures have not been imposed on this Project.
Applicant is required, however, to meet the environmental
health standards of the Contra Costa County Health Services
Department, and to comply with the Rules and Regulations
promulgated by the Bay Area Air Quality Management District.
(b) Findings . The Board finds that any impact on air
quality will be substantially mitigated by implementation of a
TSM program and conformity with local air quality standards,
rules and regulations.
9 . Significant Impact - Noise
The EIR identifies the impact of increased noise
in the Oakley area arising from development pursuant to the
Oakley Area Plan. In addition, the EIR identifies temporary
noise impacts arising from construction activities.
(a) Facts. Applicant 's Project is one of the
first development Projects approved in the Oakley area since
adoption of the Oakley Area Plan. Accordingly, and because
adjacent uses are primarily agricultural, noise mitigation
measures have not been imposed on this Project. Applicant is
required, however, to meet the environmental health standards
of the Contra Costa County Health Services Department. Larger
lots with deeper back yards have been placed along the external
9
property lines to serve as buffers to existing or potential
residences in the surrounding community. This buffer also will
serve as a noise buffer. In addition, a sound wall will be
constructed along approximately 60% of the perimeter of the
property.
(b) Findings . The Board finds that the impact
of this particular Project on noise levels within the Oakley
area will be substantially mitigated by compliance with the
County Health Services requirements and by the buffering of the
Project.
10. Significant Impact - Public Services and Utilities
The EIR indicates that the Projected growth for
the area will impact the demand for public services and
utilities and could, 'if growth exceeds the capacities of public
utilities, result in a reduction of service standards . The EIR
also indicates that higher rates could result if utility
expansion is not paid for by development.
(a) Facts. Condition of Approval 10 adopts an
EIR mitigation measure by requiring that Applicant obtain a
letter from each agency providing public services certifying
that Agency's capacity to serve the needs of the
development. The Staff Report indicates that community
services such as water, sanitary facilities, fire and police
protection, and schools are available and capable of serving
the Project. Condition 11 adopts an EIR mitigation measure by
requiring annexation of the Project site into a
10
special tax area for police services. Condition 8 requires the
provision of childcare facilities and/or services for future
residents of the Project. Applicant is required to contribute
to a park dedication fund and plans, in addition, to dedicate
and develop a small park within the Project.
(b) Findings . The Board finds that the impact
of this Project on the availability, quality and cost of public
services and utilities is substantially mitigated by the
Conditions of Approval imposed on the Project, and that the
impact of the Project on outdoor recreation space will be
substantially mitigated by Applicant's contributions and
dedications.
11. Significant Impact - Population and Housing
The EIR indicates that an imbalance between
housing and jobs could exist if a substantial proportion of
Oakley residents are employed outside the community.
(a) Facts. It is the policy of the Oakley Area
Plan to "permit a variety of residential densities, lot sizes
and housing types in varying price ranges to accomodate the
present and future community population." By providing homes
at affordable prices, the Project will further the
socio-economic mix within the Oakley community. The EIR points
out that under either the Oakley Area Plan or the former East
County Plan before its amendment by the Oakley Area Plan, the
increased population would be largely dependent upon employment
outside the immediate area.
11
(b) - Findings. The Board finds that this Project
will provide homes for moderate income families and is
therefore consistent with the growth policies of the Oakley
Area Plan.
12 . Significant Impact - Cumulative Impacts
The EIR indicates that development Projects
within the Oakley Plan area will cumulatively impact -sewer,
water, road systems, air quality, noise levels, public
services, and drainage systems.
(a) Facts. The cumulative impacts of this
Project within the community and region have been addressed
by the Conditions of Approval imposed on the Project requiring
dedications, payments and/or improvements for drainage, road
improvements, street lighting, landscaping, parks and open
space, police services, and child care. Applicant must provide
"will serve" letters from utility providers, a traffic report
addressing the impact of this Project on regional and local
traffic circulation and a TSM program.
(b) Findings. The Board finds that the
Project' s overall cumulative impact within the Oakley area and
the East County will be substantially mitigated by the
Conditions of Approval imposed on the Project.
13. Significant Impact - Growth Inducing Impacts
The EIR indicates that Projected high rates of
population growth in rural East Contra Costa County likely will
occur notwithstanding growth in the Oakley area. The EIR
12
further indicates that growth in the Oakley area will be
largely dependent upon the financing of public improvements,
utilities and services .
(a) Facts . Conditions of Approval require
Applicant to provide significant roadway, street lighting,
landscaping, drainage, parks and open space, childcare, and
other improvements and to obtain "will serve" letters from each
public agency providing public services to the development.
The EIR suggests that phasing mechanisms be implemented as
mitigation measures for the growth inducing impacts in the
Oakley area. Although future phasing of Projects may be
necessary, this Project is one of the first to be approved
following adoption of the Oakley Area Plan-. The approval of
the Project may induce further projects, but as noted in the
EIR, approximately 35 general plan amendments were pending for
the Oakley area at the time the new Oakley Area Plan was
proposed. In addition, this Project would not have required an
amendment to the East County Plan (prior to the adoption of the
Oakley Area Plan) . since it conforms to the prior East County
Plan.
(b) Findings. The Board finds that the
Conditions of Approval imposed on this Project requiring
adequate public facilities, infrastructure improvements and
provision of public services incorporate mitigation measures
set forth in the EIR and will substantially mitigate the growth
inducing .impacts associated with this Project.
13
II . STATEMENT OF OVERRIDING CONSIDERATIONS
This Board finds that, to the extent any impacts
attributable to the Project remain unmitigated, such impacts
are acceptable in light of the overriding social, economic or
other considerations set forth herein. The Board finds that
the mitigation measures or Project alternatives necessary to
further mitigate or avoid the significant environmental affects
identified in the EIR are infeasible with respect to this
.Project. Such measures and alternatives would impose
limitations and restrictions on the development of Applicant' s
Project which would prohibit obtaining the specific social,
economic and other benefits of the Project which the Board
finds outweigh the unavoidable orunmitigated impacts, and
which justify approval of the Project.
Specifically, the Board finds that the following
social, economic and other considerations warrant approval of
the Project notwithstanding any unavoidable or unmitigated
impacts resulting from the Project: The Project is justified
by the need to increase the housing supply in the County, and
is particularly helpful in meeting the needs of moderate income
households. Furthermore, the Project will provide substantial
infrastructure and public service improvements, including
roadways, drainage, streetlights, and other improvements.
required for the public health and safety of this area.
Applicant's contributions to the park fund and Applicant's
future participation in a childcare program will provide social
benefits to the Oakley community.
14
r - .
III . PROJECT ALTERNATIVES
This Board has previously made findings in connection
with its certification of the EIR, whereby it evaluated and
rejected (1) the no-project alternative, (2) the Alternative
Project, and (3) a combination of the Proposed Project (Oakley
Area Plan) and the Alternative Project. By this reference,
these findings are incorporated as part of - this document.
MG:scm/8
12505/1.25.8
72562.001
15
13
ORDINANCE NO. 87-105
(Re-Zoning Land in the
Oakley Area)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION 1: Page H-25 , H-26 of the County's 1978 Zoning Map (Ord. No. 78-93) is
amended by re-zoning the land in the above area shown shaded on the map(s) attached
hereto and incorporated herein (see also Community Development Department File No.
2714-RZ
FROM: Land Use District R-10 Single Family Residential
TO: Land Use District P-1 Planned Unit Development
and the Community Development Director shall change the Zoning Map accordingly,
pursuant to Ordinance Code Sec. 84.2.003.
-20 FLOOD
>
FX
OR N Ll F_ L 0 K
C
LA R L R D
:X . ............. A.,>
...........
...............................
..............
..........
R-10
. ... .........
SECTION 11. EFFECTIVE DATE. This ordinance becomes effective 30..days after
passage, and within 15 days of passage shall be publ�ishcd onDace ily with the names of
supervisors voting for and against it in the Aintloch Ledger a
newspaper published in this County.
PASSED on January 26, 19 8 8 by the following vote:
Supervisor Aye No Absent Abstain
1. T. M. Powers X)
2. N. C. Fanden X)
3. R. I. Schroder X)
4. S. 11. McPeak X)
5. T. Torlakson X)
ATTEST: Phil 13401clor. ('OiM(%- Adiniiiistnitor
anti t;l k of 11 Boud of Supt rvisors Chairman o the B�oard��
By Dep. (SEAL)
ORDINANCE NO. 87-105
2714-RZ Stedman