HomeMy WebLinkAboutMINUTES - 11011988 - T.7 TO: BOARD OF SUPERVISORS T. 7
FRO1"►i" Harvey E. Bragdon Contra
C ~ Director of Community Development Costa
DATE: September 15, 1988 Courty
SUBJECT: Hearing on Rezoning Application #2746-RZ, Raymond Vail and Associates
(Applicants) Kelly Gordon Development Corporation (Owners) , to rezone
12.8 acres of land located on the east side of State Highway 4 and
west of Marsh Creek Channel, 1,000 feet south of Cypress road, in the
Oakley area, from Single Family Residential (R-20) to Planned Unit
District (P-1) .
SPECIFIC REQUEST S) OR RECOMMENDATIONS(S) 6 BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Approve Rezoning Application #2746-RZ, including conditions of
approval, as recommended by the East County Regional Planning
Commission. (Exhibit A attached)
3. Adopt the East County Regional Planning Commission' s findings
as set forth in Resolution No. 51-1988 as the determination
for these actions.
4. Introduce the ordinance giving effect to the aforesaid
rezoning, waive reading and set forth date for adoption of
same.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITIMM
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON November 1, 1988 APPROVED AS RECOMMENDED x OTHER
This being the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the above matter, the public hearing was
opened and the following person appeared to speak:
Brian J. Kelly, 12241 Saratoga Sunnyvale Road, Saratoga,
representing Kelly Gordon Development Corporation, expressed his
disagreement with condition 3 of the proposed conditions of approval
and requested a density of 40 lots.
Jean Mesick, Community Development Department, spoke on the
reasons for the reduction in density to no more than 32 lots.
The public hearing was closed.
Supervisor Torlakson requested clarification on the density of
surrounding property.
Jean Mesick responded to his concern.
Supervisor Torlakson expressed support for the Oakley Municipal
Advisory Committee and East County Regional Planning Commission
recommendations and moved approval of the recommendations.
1.
'Therefore, IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3,
and 4 are APPROVED; and as in recommendation 4, Ordinance No. 88-84 is
INTRODUCED, reading waived and November 8, 1988 is set for adoption of
same.
VOTE OF SUPERVISORS
IERT
X UNANIMOUS (ABSENT II TRUE AND
CORRECT POF AN S A
AYES: NOES: ACTION TAKEN AND ENTERED ON TSE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development Dept. ATTESTED November 1, 1988
Raymond Vail & Associates PHIL BATCHELOR, CLERK OF
Kelly Gordon Development Corp. THE BOARD OF SUPERVISORS
Public Works COUN ADMINISTRATOR
Assessor
Oakley Fire Protection District BY ° , DEPUTY
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Conditions of Approval for Rezoning 2746-RZ
1. This application is approved subject to conditions listed below.
2. Applicant shall submit a Final Development Plan and -tentative map for
review and approval of the East County Regional Planning Commission.
3. The number of single family residential units shall not exceed 32.
4. The applicant shall submit samples of colors and exterior materials with
the application for Final Development Plan. The residences shall be of
neutral color and complementary.
5. Lighted house numbers visible from a public or private roadway are required
for each residence.
6. Applicant shall submit landscape plans for a typical frontyard with the
application for Final Development Plan, prepared in accordance with the
County's Water Conservation policies.
7. Frontyard landscapes shall include a minimum of one fifteen gallon street
tree for each parcel , together with turf and shrubbery. Native, drought
tolerant species shall be utilized to the greatest extent possible.
8. Setbacks shall be varied. At least 30% of all residences shall have the
minimum setback required by zoning plus seven feet. The Final Development
Plan shall demonstrate that design criteria have been included within the
project to generally relieve visual monotony of front yard appearances.
9. Provision of a Child Care Facility or program is required for the develop-
ment. The program shall be submitted for the review and approval of the
Zoning Administrator prior to the filing of the Final Map.
10. On the provision of police service, the applicant agrees to vote their
property into a "special tax area" for police service at an initial level
of $100 per parcel annually. This amount shall be adjusted yearly accord-
ing to the Bay Area CPI . Furthermore, the Board of Supervisors shall re-
view the assessment amount and adjust it to a higher level as conditions
warrant it. Review shall be made of the initial assessment amount after
budget hearings and after the pending elections of the general community on
the question of additional police services.
11. Prior to the issuance of building permits the applicants shall submit a
detailed TSM Plan for review and approval by the Zoning Administrator (un-
less otherwise required by a TSM Ordinance) . The approved TSM plans shall
be operative prior to final inspection by the Building Inspection Depart-
ment.
12. At the filing of the Final Map, the applicant shall add the following to
the deed of each newly created parcel :
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"This document should serve as notification that you have purchased
land in an agricultural area where you may .regularly find farm equip-
ment using local roads, farm equipment causing dust, crop dusting and
spraying occurring regularly, noise associated with farm equipment and
aerial crop dusting, agricultural burning, togdther with animals and
flies on surrounding properties. This is, again, notification that
this is part of the agricultural way of life in East Contra Costa
County and you should be fully aware of this at the time of purchase."
13. Applicant shall comply with the Park Dedication Fee Ordinance.
14. Construction work associated with this subdivision shall be restricted to
weekdays only.
15. Comply with drainage, road improvement, traffic and utility requirements as
follows: (Final technical conditions shall be represented on the Final
Development Plan and Tentative Map) .
A. Prior to filing the Final Subdivision Map or the issuance of any
building permit, the applicant shall have submitted and received
approval for the Final Development Plan for this project.
B. In accordance with Section 92-2.006 of the County Ordinance Code, this
subdivision shall conform to the provisions of the County Subdivision
Ordinance (Title 9) . Any exceptions therefrom must be specifically
listed in this conditional approval statement. Requirements of the
Ordinance include the following:
1. Constructing a 6-foot 6 inch sidewalk, necessary pavement widen-
ing, curbs, longitudinal and transverse drainage, and a half-me-
dian island (including surface treatment) along the frontage of
State Highway 4.
The State Highway 4 curb shall be constructed 42 feet from the
centerline south of "A" Street and 48 feet from the centerline
north of "A" Street with a 200 foot long taper transition in the
curb location south of the "A" Street intersection.
If the State will not permit the construction of this portion of
the State Highway 4 median at this time, the applicant shall be
required to have the property owner execute a road improvement
agreement assuring the future construction of that facility.
2. Installing street lights and applying for annexation to County
Service Area L-100 for maintenance of the street lights. The
- final number and location of the lights will be determined by the
County Traffic Engineer.
3. Undergrounding of all utility distribution facilities.
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4. Conveying all storm waters entering or originating within the
subject property to a natural watercourse having definable bed
and banks or to an existing adequate storm drainage facility.
Although the storm drainage system was shown on one of the sub-
mitted plans, comment on the system will ' be made when the im-
provement plans are- submitted for review. The nearest drainage
facility is the Marsh Creek channel located to the east.
5. Prohibiting the discharging of storm waters to roadside ditches.
6. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
7. Submitting improvement plans prepared by a registered civil engi-
neer, payment of review and inspection fees, and security for all
improvements required by the Ordinance Code or the conditions of
approval for this subdivision. These plans shall include any
necessary traffic signage and striping plans for review by the
County Traffic Engineer.
8. Installing, within a dedicated drainage easement, any portion of
the drainage,. system which conveys run-off from public streets.
9. Constructing a paved turnaround at the end of the proposed pri-
vate road.
C. Convey to the County, by Offer of Dedication, 35.5 feet of additional
right of way on State Highway 4 as required for the planned future
width of 116 feet.
D. Relinquish abutter's rights of access along State Highway 4, including
curb returns. Access will be permitted at "A" Street.
E. All interior subdivision streets except for the proposed private road
and the portion of "A" Street east of "B" Street shall be dedicated to
the County and constructed to County public road standards.
F. Construct a 20-foot paved private roadway to County private road stan-
dards, within a 30 foot easement, to serve Lots 35 through 40 in this
proposed subdivision. The turnaround at its terminus shall be con-
structed to County standards. The alignment shall be designed and
constructed to allow three feet of freeboard for a future extension of
"A" Street over the Marsh Creek channel .
G. Realign "B" Street and "C" Street to provide a collector standard
curve instead of the proposed knuckle.
H. Convey to the County, by Offer of Dedication, 60 feet of right of way
along "A" Street as required for the planned future width. The "A"
Street alignment shall intersect State Highway 4 opposite the split in
the property lines on the west side of State Highway 4.
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I . Construct "A" Street east of "B" Street as a 20 foot half width road
with necessary longitudinal and transverse drainage. The roadway
shall be constructed on the south side of the "A" Street centerline to
serve as interim access to the area shown as "Future Commercial " on
the applicant's Tentative Map and the Marsh CreLak channel maintenance
road.
J. Convey to the County by Grant Deed, additional right of way along the
Marsh Creek channel to provide at grade intersections to "A" Street
designed for maintenance equipment which the Flood Control District
intends to use to maintain the Marsh Creek channel . The design shall
be subject to the review of the Public Works Department, Flood Control
Engineering Division and the review and approval of the Zoning Admin-
istrator.
K. Construct Line B of Drainage Area 30A from Subdivision 4922 through
this Subdivision to the Marsh Creek channel .
L. Construct a 6 foot high chain link fence along the Marsh Creek channel
right of way in accordance with Division 914, "Fences", of the County
Ordinance Code.
M. Grade the lots along the Marsh Creek channel to drain toward their
street frontage.
N. During the construction phase of the subdivision improvements, the
contractor shall not use the Marsh Creek patrol roads ( maintenance
roads) except in the designated area to construct the Line B outfall
drain into the Marsh Creek channel .
0. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the Oakley Area of Benefit and the East/Central County Travel Cor-
ridor Area of Benefit as adopted by the Board of Supervisors.
P. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
Q. Provide an acoustical analysis for State Highway 4 noise impacts based
on horizon year traffic and ultimate road widening. Provide adequate
noise mitigation acceptable to the Zoning Administrator.
R. Annex this property to County Landscaping District AD 1979-3 ( LL-2) .
S. Install permanent landscaping and automatic irrigation facilities
within the parkway and median areas. Submit a preliminary landscaping
plan to the Public Works Department, Road Engineering Division, for
review and to the Zoning Administrator for review and approval . Fund-
ing of and maintenance of the new plantings shall be guaranteed be the
developer until : the expiration of the plant establishment period and
until funds are available through a landscaping district.
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T. Annex this Subdivision to Drainage Area 300. II
U. 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 perma-
nent, road and drainage improvements.
U. Comply with the drainage fee requirements for Drainage Area 30A as
adopted by the Board of Supervisors.
W. Contribute $30,000 to a Road Improvement Fee Trust (Fund No.
819200-0800) designated for a traffic signal at the State Highway
4-"A" Street intersection.
X. Submit a preliminary strip map showing all improvements to scale with
all lane striping and State standard transitions shown. Left turns
may not be allowed across State Highway 4 from "A" Street.
Y. An encroachment permit for construction within the State right of way
shall be obtained from Caltrans through the Public Works Department,
Engineering Services Division.
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RZ8:2746-rzc:je
8/11/88
Revised 8/22/88
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