HomeMy WebLinkAboutMINUTES - 01261988 - 1.49 1.41 A
TO BOARD OF SUPERVISORS
o
FROM Harvey E. Bragdon, Contra
Director of Community Development
DATE: January 26, 1988 WO
SUBJECT: Hearing on Rezoning Application #2715-RZ to Rezone 30+ acres of
Land from Single Family Residential (R-10) to Planned Unit
District (P-1)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
BACKGROUND
Application #2715-RZ to rezone 30+ acres of land located on the
east side of State Highway 4, southeast of its intersection with
Laurel Road in the Oakley Area from Single Family Residential
(R-10) to Planned Unit District (P-1) filed by James R. Stedman &
Associates, Inc. (Applicants) and Don Clemetson (Owner) .
RECOMMENDATION
1. Approve the Rezoning Application #2715-RZ with Conditions of
Approval as recommended by the East County Regional Planning
Commission:, and as amended by the Board of Supervisors, Attach-
ment A.
2. Accept the environmental documentation as being adequate.
3 . Adopt the findings as set forth in Attachment B, as the
determinations in these actions.
4. Adopt Ordinance 88-5 giving effect to the aforesaid
rezoning.
CONTINUED ON ATTACHMENT: YES SIGNATOR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN TION F OARD COMMITTEE
APPROVE OTHER .
SIGNATURE(SI: __
ACTION OF BOARD ON January , 1968 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 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
Assessor PHIL BATCHELOR, CLERK OF THE BOARD OF
Public Works SUPERVISORS AND COUNTY ADMINISTRATOR
Applicant/Owner
Oakley Fire Protection District BY DEPUTY
M382/7-83 Building , Inspection
ATTACHMENT B
FINDINGS IN SUPPORT OF RESOLUTION APPROVING
APPLICATION OF JAMES R. STEDMAN AND ASSOCIATES
(APPLICANT) AND DONALD T. CLEMETSON (OWNER) TO
REZONE LAND (2715-RZ) ; AND TO APPROVE
PRELIMINARY DEVELOPMENT PLAN (PDP 3016-87) 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
30 acres located on the east side of State Highway 4, southeast
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 (3016-87) for the subject
property.
WHEREAS, on October 12, 1987, the East County Regional
Planning Commission (the "Commission") recommended approval by
this Board of Supervisors of Applicant ' s requested rezoning
(2715-RZ) and a 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
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environmental impacts which were not adequately addressed by
the previously prepared Oakley EIR subsequently 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 development plan was prepared, posted and
circulated;
WHEREAS, after notice lawfully given, public hearings
on each item were held December 1, 1987, at 3 :00 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
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project, and all testimony and evidence in the record of the ,
proceedings with respect to the project and these applications,
the Board declared its intent to approve the rezoning (2715-RZ)
of the approximately 30 acres comprising the project site from
Single Family Residential (R-10) to Planned Unit District (P-1)
and Applicant' s Preliminary Development Plan for the
development of not more than 112 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 approvals of the rezoning and
Preliminary Development Plan, the Board finds as follows :
A. Findings Required Under Section 26-2 . 1806 of
the Contra Costa County Code.
(1) The rezoning substantially complies
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:
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(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 to be imposed by the Board at future stages of the
review and approval process will further ensure that the
Project is consistent with the East County Plan (Condition 2) ;
(b) The Condition of Approval
requiring payment of a park dedication fee (Condition 13) and
Applicant ' s provision and maintenance of a park within 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 Conditions of Approval
requiring participation in a special tax area for police
service (Condition 10) and provision of childcare facilities
and/or services (Condition 7) 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 Conditions of Approval
requiring provision of a Transportation System Management
Program ("TSM program") (Condition 6) , submission of traffic
studies addressing regional and local traffic circulation and
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specific traffic safety issues at the intersection of
Laurel Road and State Highway 4 (Conditions 8, ll.Z and 17) ,
and provision of significant roadway and street lighting
improvements and dedications (Conditions ll.B-G, ll.Q, ll.V-X
and 19) 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 Project is consistent with the
Growth Management Program element of the Oakley Area Plan. As
set forth more fully in the Supplemental CEQA findings attached
hereto as Exhibit A, the Conditions of Approval imposed on the
Project will ensure that the Public Facility and Services
adequacy criteria are met. Applicant is required to obtain a
letter from each agency that provides community services
certifying its ability to serve the needs of the Project
(Condition 9) . Other Conditions require that water supplies
and sewer facilities adequate to meet the needs of the Project
be assured (Condition 9) , that adequate drainage exist or be
constructed (Conditions 11.A, M, 0 and P) , that a TSM program
be provided to ease the impact of the Project on traffic
(Condition 6) , that traffic impacts be studied and addressed
(Conditions 8, ll.Z and 17) , that substantial dedications,
improvements, and future improvements to roadways be provided
(Conditions ll.B-G, K-L, Q, U-Y and 19) , that adequate fire
protection be assured (Condition 9) , that the Project
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participate in a special tag area for police service (Condition
10) , that Applicant pay a park dedication fee in addition to
providing an on-site park and childcare program (Conditions 7
and 13) , and that roadway landscaping be provided according to
an approved landscaping plan (Condition 4) . " To the extent any
adequacy criteria have not been met by these Conditions, they
will be met by conditions imposed on the Project at subsequent
stages of the review and approval process.
(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 will include curbed roadways and meandering
sidewalks to provide visual - variety; and that the dwelling
units will have varying setbacks to avoid monotonous street
frontage. Compatibility of use is also ensured through traffic
measures imposed by Conditions of Approval requiring Applicant
to provide a TSM (Condition 6) and traffic studies addressing
regional and local traffic circulation (Conditions 8, 11.Z
and 17) .
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(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 May, 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 East County Plan, both prior to amendment,
and as amended by the Oakley Area Plan. Conditions of Approval
to be imposed by the Board at future stages of the review and
approval process will further ensure that the Project is
consistent with .the East County Plan (Condition 2) .
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(b) The Condition of Approval
requiring payment of a park dedication fee (Condition 13) and
Applicant' s provision and maintenance of a park within 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 Conditions of Approval
requiring participation in a special tax area for police
service (Condition 10) and provision of childcare facilities
and/or services (Condition 7) 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 Conditions of Approval
requiring provision of a Transportation System Management
Program ("TSM program") (Condition 6) , submission of traffic
studies addressing regional and local traffic circulation and
specific traffic safety issues at the intersection of
Laurel Road and State Highway 4 (Conditions 8, ll.Z and 17) ,
and provision of significant roadway and street lighting
improvements and dedications (Conditions ll.B-G, ll.Q, ll.V-X
and 19) 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;
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(e) The Project is consistent with the
Growth Management Program element of the Oakley Area Plan. As
set forth more fully in the Supplemental CEQA findings attached
hereto as Exhibit A, the Conditions of Approval imposed on the
Project will ensure that the Public Facility and Services
adequacy criteria are met . Applicant is required to obtain a
letter from each agency that provides community services
certifying its ability to serve the needs of the Project
(Condition 9) . Other Conditions require that water supplies
and sewer facilities adequate to meet the needs of the Project
be assured (Condition 9) , that adequate drainage exist or be
constructed (Conditions ll.A, M, O and P) , that a TSM program
be provided to ease the impact of the Project on traffic
(Condition 6) , that traffic impacts be studied and addressed
(Conditions 8, ll.Z and 17) , that substantial dedications,
improvements, and future improvements to roadways be provided
(Conditions ll.B-G, K-L, Q, U-Y and 19) , that adequate fire
protection be assured (Condition 9) , that the Project
participate in a special tax area for police service (Condition
10) , that Applicant pay a park dedication fee in addition to
providing an on-site park and childcare program (Conditions 7
and 13) , and that roadway landscaping be provided according to
an approved landscaping plan (Condition 4) . To the extent any,
adequacy criteria have not been met by these Conditions, they
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will be met by conditions imposed on the Project at subsequent
stages of the review and approval process .
(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 Conditions of
Approval requiring that the Planned Unit Development' s
Declaration of Covenants, Conditions and Restrictions
("CC&R' s") provide for an Architectural and Maintenance
Committee to oversee maintenance and improvements (Condition
14 .B) and the establishment of a fund for the enforcement of
the CC&R' s (Condition 14 .F) , and the Condition of Approval
requiring that the CC&R's provide for County (or any city
successor in interest) enforcement of the maintenance,
cleanliness, and repair covenants (Condition 14 .D) will ensure
the sustained desirability and stability of the Project.
The Project will be in harmony with the "developing
urban" character of the surrounding neighborhood and
community. It is a low-density project (Condition 2) , subject
to large minimum requirements for setbacks, side yards, and
rear yards (Conditions 3 .A-B) . The Conditions of Approval
requiring Applicant to obtain approval of all landscaping plans
(Condition ll.S) and build only single-story residences along
Laurel Road (Condition 3 .D) will ensure visual harmony with the
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surrounding neighborhood and community, and the deed
notification requirement (Condition 12) will help ensure
compatibility of residential and agricultural uses.
2 . With respect to compliance of the rezoning and
Preliminary Development Plan approvals 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 subsequently will be required for, or
incorporated into, the Project at such time as the tentative
subdivision map or final development plan are approved.
it
(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
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 the 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 attached
hereto, 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
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overridden by economic, social and other considerations which
justify and require approval of the Project as mitigated herein.
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 . I't 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 findings
required or permitted to be made by the Board shall be deemed
made if they appear in any portion of these findings . ,
MG: lj/7
1485S/01.25. 8
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EXHIBIT A
(2715-RZ; PDP 3016-87)
SUPPLEMENTAL CEQA FINDINGS ON THE SIGNIFICANT
ENVIRONMENTAL EFFECTS OF THE JAMES R. STEDMAN & ASSOCIATES
(APPLICANT) AND DONALD T. CLEMETSON (OWNER) PROJECT
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 causing
a reduction in carrying capacities .
(a) Facts
The Project site is relatively level with only
minor variations in elevations, and development of the Project
will not result in steep graded slopes . Condition of Approval
15 requires Applicant to submit for review of the County
Geologist a geotechnical report addressing liquefation of the
Project site. Review and approval of landscaping plans is
required by Condition of Approval ll.S and erosion control
planting will be required if deemed necessary. Applicant ' s
storm drainage system will be evaluated when the improvement
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plans are submitted for review as required by Conditions 2 and
11.X. Applicant is subject to the requirements of the County
Subdivision Ordinance (Title 9) (Condition 11.A) , 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
Areas 30A and 30B, and Applicant will be required to pay
drainage fees and annex the property to Drainage Area 300
before the filing of the final map or issuance of a building
permit (Conditions 11.0-P) .
(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 conditions imposed during
future review and approval processes will substantially
mitigate impacts related to drainage and soil conditions .
2. Significant Impact - Hydrology and Water Quality
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
2
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and all finished floors must lie above the 100-year flood
elevation. As indicated in Section 1(a) above, numerous
mitigation measures have been or will be imposed on the Project
to ensure the adequacy of drainage improvements necessary to
serve the Project and protect nearby areas . In addition,
Condition of Approval 16 requires Applicant to provide a
schematic of the homes to be built in the Flood Hazard Area for
review with the Final Development Plan. Condition of
Approval 9 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 November 3,
1987 (the "Staff Report") characterizes the Project site as an
area of agricultural use in transition to residential use.
There are existing residential uses in the immediate vicinity.
Condition. of Approval 4 requires Applicant to perform extensive
landscaping along Highway 4, Laurel Road, and on other portions
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of the Project, and the preliminary landscaping plan will be
reviewed and approved by the Community Development Department
(Condition ll.S) . Most of the viable oak trees on the Project
site will be preserved in a park.
(b) Findings . The Board finds that elimination
of agricultural lands will occur as a result of the Project;
however, extensive landscaping will partially mitigate this
impact .
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 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 to phase development in the area south
of Laurel Road according to the availability of public services
and utility capacities. Condition 9 requires Applicant, prior
to the filing of a final map, to obtain a letter from each
agency providing services 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 12) ,
increased lot setbacks (Condition 3) , lower densities
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(Condition 2) , and substantial landscaping of perimeter areas
(Condition 4) 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 the Project . However, the Board finds that the
Project nonetheless is consistent both 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.
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 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 developments, the roadway
system includes curved roadways with cul-de-sacs to provide
visual variety and interest to the site, and viable existing
trees will be preserved where possible to maintain the
agricultural quality of the area. Applicant is providing a
park to preserve a stand of oak trees. The EIR recommends, as
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a mitigation measure, that landscaping using California native
species be incorporated along all major roads . Accordingly,
Condition of Approval 4 requires that the landscaping along
Laurel Road and Highway 4 use California native species. The
EIR also proposes that community design guidelines be
incorporated into the planning and review process to mitigate
the potential adverse effects of creating distinct boundaries
between urban and agricultural areas. Condition- of Approval 3
requires Applicant to adhere to urban design guidelines
requiring large 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 3 also limits
building heights to a single story along Laurel Road.
(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
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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 be stopped pending
a review by a qualified archaeologist.
(b) Findings . The Hoard finds that any impacts
on cultural resources will 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 will
be most severely affected, while the local road network
generally will be less affected.
(a) Facts. The EIR recommends, and Condition of
Approval 6 consequently requires, that Applicant implement a
TSM program to reduce impacts on traffic. To further mitigate
the traffic and circulation impacts of the Project, Condition 8
.requires Applicant to submit a traffic study addressing
regional and local traffic circulation prior to filing the
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final map, and Conditions ll.Z and 17 require specific studies
of the Highway 4-Laurel Road intersection. The Zoning
Administrator is directed to use these traffic studies 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 buildout
condition, and that rights-of-way should be acquired at the
earliest possible stage. Conditions ll.B, C and G require
Applicant to dedicate rights of way necessary for full
buildout, and Condition 11.X(1) requires Applicant to submit
its plan for intersection channelization, right of way
dedication, and pavement widening to the Public Works
Department and the Community Development Department for review
and approval . Conditions 11.B-G, Q, U-Z and 19 require
substantial dedications, improvements, payments and deferred
improvement agreements related to the enhancement of traffic
and circulation within the Project area, and in particular at
the intersection of Highway 4 and Laurel Road. All interior
streets will be dedicated to the County and constructed to
County public road standards.
(b) Findings. The Board finds that the TSM
program, the traffic studies, 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.
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8 . 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 temporary effects of construction in
generating dust.
(a) Facts . Condition 6 adopts the EIR
recommendation and requires Applicant to implement a TSM
program to mitigate the potential adverse affects of increased
vehicular traffic on air quality. Applicant is required 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 by Project compliance with local air quality
standards, rules and regulations. Additional mitigation
measures to offset the temporary effects of construction-
generated dust are not necessary because the Project is one of
the first projects approved in the Oakley Area since adoption
of the Oakley Area Plan and adjacent uses are primarily
agricultural.
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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 is required 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 property lines to serve as
noise buffers to existing or potential residences in the
surrounding community and a sound wall will be constructed
along approximately 50% of the perimeter of the Project. The
Project is one of the first development projects approved in
the Oakley area since adoption of the Oakley Area Plan and
adjacent uses are primarily agricultural.
(b) Findings. The Board finds that the impact
of this Project on noise levels within the Oakley area will be
substantially mitigated by the buffering of the Project and by
compliance with the County Health Services Department
requirements.
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
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also indicates that higher rates could result if utility
expansion is not paid for by development.
(a) Facts . Condition of Approval 9 adopts an
EIR mitigation measure by requiring Applicant to obtain a
letter from each agency providing public services certifying
that Agency' s capacity to serve the needs of the Project . 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 10
adopts an EIR mitigation measure by requiring annexation of the
Project site into a special tax area for police services .
Condition 7 requires the provision of childcare facilities
and/or services for future residents of the Project. Applicant
is required by Condition of Approval 13 to contribute to a park
dedication fund, and Applicant also plans to dedicate and
develop a 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. To the extent such impacts are not completely
mitigated, further mitigation would require changes or
alterations to the Project which are within the responsibility
and jurisdiction of other public agencies and such changes have
11
been adopted by such agencies, or can and should be adopted by
such agencies .
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 accommodate 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 East County
Plan before its amendment by- the Oakley Area Plan, the
increased population would be largely dependent upon employment
outside the immediate area.
(b) Findings . The Board finds that the 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 cumulatively will impact sewer,
water, road systems, air quality, noise levels, public
services, and drainage systems .
12
(a) Facts. The cumulative impacts of the
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, traffic studies
addressing the impact of this Project on regional and local
traffic circulation and a TSM program.
(b) Findingg . 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
further indicates that growth in the Oakley area will be
largely dependent upon the financing of public improvements,
utilities and services .
(a) Facts . As set forth more fully in
sections l.A. (1) (e) and 1.B. (2) (e) of the Findings, the Project
complies with the Growth Management element of the Oakley Area
Plan. Conditions of Approval require Applicant to provide
significant roadway, street lighting, landscaping, drainage,
parks and open space, childcare, and other improvements, and to
13
obtain "will serve" letters from each agency providing public
services to the development. 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.
However, this Project would not have required an amendment to
the former East County Plan (prior to the adoption of the
Oakley Area Plan) because the Project is consistent with the
former East County Plan.
(b) Findings. The Board finds that the
growth-inducing impacts of the Project are substantially
mitigated by the Project' s compliance with the Growth
Management element of the Oakley Area Plan. The Board finds
that approval of the Project will not induce more growth
because dozens of proposals for other projects in the area are
already under consideration. It is not necessary to impose the
phasing mechanisms proposed by the EIR on this Project because
the Project is one of the first to be approved following
adoption of the Oakley Area Plan.
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 proposed by the
EIR but not incorporated into this Project are infeasible,
14
either generally or with respect to this Project. Such
measures and alternatives would impose limitations and
restrictions on the development of the Project which would
prohibit obtaining the specific social, economic and other
benefits of the Project which the Board finds outweigh the
unavoidable or unmitigated impacts, and which justify approval
of the Project.
Specifically, the Board finds that the following
social, economic and other considerations warrant approval o.f
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,
particularly for 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, creation of a park, and provision of a childcare
facility will provide social benefits to the Oakley community.
The Board will reassess the feasibility of unimposed
mitigation measures at future stages of the review and approval
process.
III. PROJECT ALTERNATIVES
On April 28, 1987, 'the Board made findings, in
connection with its certification of the EIR, whereby it
15
3
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/5
14905/01.25 .8
72562. 001
16
CONDITIONS OF APPROVAL FOR PRELIMINARY DEVELOPMENT PLAN 2715-RZ
1. This approval . is based upon the preliminary development plan, schematic
building elevation drawing and other material submitted with the applica-
tion dated received by the Community Development Department September 21,
1987.
2. This approval is for not more than 5 residential lots per net acre
(excluding road area) for a total of not more than 112 residential units
serving to give direction in preparation of the Final Development Plan.
Each segment of this proposed development shall be subject to further
review when the Final Development Plan is submitted. Additional require-
ments, modifications or reduction of lots may be specified with review of
the Final Development Plan.
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 Plana The
applicant shall provide typical layouts of the side entry units with
submittal of Final Plan.
D. Building height shall be one-story along Laurel Road.
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.
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.
6. 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.
7. 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.
8. A traffic report. shall be submitted with the applications for the Final
Development Plan and Final Map.
v
2.
9. Community services "Will Serve" letters shall be submitted with the
applications for Final Development Plan and. Tentative Subdivision Map.
10. 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
according 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.
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
development 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. Convey to the County, by Offer of Dedication, 27.5 feet of additional
right of way on State Highway 4 as required for the planned future
width of 100 feet.
C. Convey to the County, by Offer of Dedication, 30 feet of additional
right of way as required for the 60-foot planned future right of way
for Laurel Road. Additional right of way shall be dedicated for left
turn channelization and bus stop turnouts.
D. Relinquish abutter's rights of access along State Highway 4 and Laurel
Road except for the access shown on the site plan and a Laurel Road
intersection with the southerly extension of Creekside Court.
E. All interior subdivision streets shall be dedicated to the County and
constructed to County public road standards.
F. Convey to the County, by Offer of Dedication, 56 feet of right of way
for "C" Street. Construct "C" Street as a 36 foot wide road.
G. Convey to the County, by Offer of Dedication, 30 feet of additional
right of way along the easterly property line of this property as
required for the planned future width of .60 feet.
H. "A" Street may be reduced to a 56 foot right of way width.
I . Furnish proof to the Public Works Department, Engineering Services
Division, that legal access to the property i.s available from Laurel
Road.
MOW A
3.
J. ' An encroachment permit for construction within the State right of way .
shall be obtained from Caltrans through the Public Works Department,
Engineering Services Division.
K. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the Oakley Area of Benefit as adopted by the Board of Supervisors..
L. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the East/Central County Travel Corridor Area of Benefit as adopted
by the Board of Supervisors.
M. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
N. 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.
0. Comply with the drainage fee requirements for Drainage Areas 30A and
30B as adopted by the Board of Supervisors.
P. The developer shall be required to make a formal request in writing
for the annexation of the subject property to Drainage Area 300 for
the maintenance and operation of the drainage area's drainage facili-
ties. The development must be annexed to Drainage Area 300 prior to
filing the Final Map for Subdivision 6922 or the issuance of a build-
ing permit.
Q. Construct curb, 6-foot 6-inch sidewalk (width measure from curb face) ,
necessary longitudinal and transverse drainage, pavement widening and
a half-width median island (including surface treatment) on State
Highway 4. The face of curb shall be located 10 feet from the widened
right .of way line.
If the State will not permit construction of a raised median on State
Highway 4 at this time, the applicant shall execute a Deferred
Improvement Agreement for construction of the raised median and land-
scaping in the future when the Public Works Department finds that they
are needed.
R. Annex this property to County Landscaping District AD 1979-3 (LL-2) .
S. Submit, a preliminary landscaping plan to the County for review and
approval by the Community Development Department and the Public Works
Department prior to beginning work on .the improvement plans.
T. Prior to issuance of building permits, file the Final Map for
Subdivision 6922.
4.
U. Execute a Deferred Improvement Agreement for signalization and
channelization of the State Highway 4-Laurel Road intersection. The
Deferred Improvement will be subject to activation when the Public
Works Department finds that the improvements are warranted.
V. The southerly extension of Creekside Court shall be constructed as at
least a 28 foot road within a 60 foot right of way.
W. The applicant shall provide two travel lanes at east 16 feet wide, 10
foot parking areas and no parking on the portion of "A" Street near
Laurel Road where the median is proposed.
X. 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 additional pavement widening and right of
way for left turn lanes.
2) Road right of way and lot line modifications required by these
conditions of approval .
Y. Building permits shall not be issued unless and until an approved and
validated method for financing the Highway 4 extra lane project is
assured and financed. If the project approval is held up by any party
so that the beginning of work is delayed beyond the current project
date of April , 1988 then building permits shall also be delayed an
equal period of time.
Z. Prior to the hearing on the Associated Final Development Plan and
Tentative Map, the applicant shall submit a revised Traffic Study
addressing identified circulation concerns.
12.. 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."
13. The proposed park shall not receive credit against the required park dedi-
cation fees. Ownership and maintenance of the park shall be the
responsibility of a homeowners' association or similar entity. The
applicant shall comply with the Park Dedication Ordinance by the payment of
fees. MMMM
5.
14. 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) 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
supervisory jurisdiction over the enforcement of the provisions of
this declaration dealing with maintenance, cleanliness, and repair of
any common areas of the project. In the event of a breach of any duty
pertaining to such maintenance, cleanliness, or repair, 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.
6.
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.
15. At least 30 days prior to the hearing on the Final Development Plan, the
applicant shall submit for review of the County Geologist a geotechnical
report addressing liquefaction of the site. .
16. The applicant shall include on or with the Final Development Plan a
schematic of the homes to be built in the Flood Hazard Area.
17. The applicant shall submit a revision to the Traffic Study specifically
addressing traffic safety issues especially at the intersection of Laurel
Road and State Highway 4.
18. The applicant shall comply with all Federal , State and local laws and
ordinances applicable to this project.
19. Execute a Deferred Improvement Agreement for left turn channelization of
the State Highway 4/Laurel Road Intersection. The deferred improvements
will be subject to activation when the Public Works Department finds that
improvements are warranted.
BT/aa
5/7/87
7/1/87
10/9/87
RZVI/2715-RZC.BT
ORDINANCE NO. 88-5
(Re-Zoning Land in the
Oakley Area)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I: Pages H-25, H-26 of the County's 1978 Zoning Map (Ord. No. 73-93) 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.
2715-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.
--------------- ----- }
R-20
p P-1
onLi OR[N I LL O K
C
0
I Rig I LA R L R D cs
A-2 �
R-10 .........
.. ..:
A-2
SECTION II. EFFECTIVE DATE. This ordinance becomes effective 30.days after
passage, and within 15 days of passage shall be published once with the names of
supervisors voting for and against it in the Antioch Daily Ledger a
newspaper published in this County.
PASSED on January 26, 1988 by the following vote:
Supervisor Afire_ No Absent Abstain
1, T. M. Powers ( X) ( ) ( ) ( )
2. N. C. Fanden (X) ( ) ( ) ( )
3. R. I. Schroder (X) ( ) ( ) ( )
4. S. W. McPeak (X) ( ) ( ) ( )
5. T. Torlakson (X) ( ) ( ) )
ATTEST: Phil Batchelor, (:ounh, Adininisindor
anal. 0 - k of th Boanl of Stiper%isors
Chairman of the Board
By , Dep. (SEAL)
ORDINANCE NO. 88-5
2715-RZ Stedman