HomeMy WebLinkAboutMINUTES - 12191989 - T.2 T. 2
TO: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon v���tra
Director of Community Development stx
40 Coa
DATE: November 21, 1989 Coin/
SUBJECT: Hearing on Rezoning Application #2719-RZ to rezone 9. 95 acres from
General Agricultural (A-2) to Planned Unit District (P-1) ,' fronting on
the east side. of State Highway 4, 520 feet south of the intersection
with Laurel Road, in the Oakley area, filed by California Land
Research (Applicant) and Richard and Catherine Enes (Owners) . (APN
033-030-005)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Approve Rezoning Application 2719-RZ as recommended by the
East County Regional Planning Commission, with attached conditions.
3 . Adopt the East County Regional Planning Commission' s findings
as set forth in Resolution No. 50-1989 , 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.
BACKGROUND
Rezoning Application #2719-RZ was heard and given a recommendation
of approval by the East County Regional Planning Commission on
October 12, 1987.
Subsequently court action nullified the 1987 Oakley General Plan.
Since the proposed development conflicted with the 1978 pla t
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO I OF COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON December 19f logo APPROVED AS RECOMMENDED - OTHER
This being the time heretofore noticed for hearing by the Clerk of the Board
on Rezoning application 2719-RZ, the public hearing was opened and no one
appearing in opposition, the public hearing was closed.
IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3 and 4 are APPROVED;
and as in recommendation 4, Ordinance No. 90-1 is INTRODUCED, reading waived
and January 9, 1990 is set for adoption of same.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT I ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development Dept. ATTESTED December 19, 1989
California Land Research PHIL BATCHELOR, CLERK OF
Richard and Catherine Enes THE BOARD OF SUPERVISORS
. Public Works-Tom Dudziak COUNTY ADMINISTRATOR
Assessor
Oakley Fire Protection District BY b , DEPUTY
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could not go forward. The 1978 Plan designated the area as Single
Family Residential Medium Density ( 3-5 units per acre) . the 1987
General Plan had designated the site as Single Family Residential
High Density ( 5-7 units per acre) .
The developer has submitted a revised plan reducing the density of
the development to 4. 91 units per net acre, within the 3-5 units
per acre allowed by the present general plan designation for the.
site. Thus, the rezoning request on 2719-RZ can proceed with a
recommendation for approval.
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CONDITIONS OF APPROVAL FOR REZONING 2719-RZ
1. This rezoning application is approved based on information received in the
application process, a revised proposed site plan as received on March 23,
1989, by the Community Development Department and subject to the conditions
listed below.
2. The total number of units approved shall not exceed 38. For purpose of
Zoning Administration R-6 Standards shall be used for this subdivision.
3. Residential subdivision conditions.
A. Require varied setback standards in all major subdivisions within at
least 30 percent of all residences setback the minimum required by
zoning plus 7 feet.
B. Design homes in major subdivisions to provide for side-entry garages
for at least 25 percent of all residences.
C. Require developers of new residential subdivisions to provide land-
scaping in areas lying between rear and side lot fencing and abutting
arterial streets.
D. Discourage subdivision design which allows direct driveway access onto
arterial streets.
E. Require lighted house numbers, visible from a public or private road-
way, for all new residential construction.
4. Prior to the issuance of building permits for the associated Subdivision
6927 and Development Plan -3021-87, the applicant shall submit a landscape
plan in conformance with the County's Water Conservation policies and where
feasible will include drought restraint native plants. The plan shall in-
clude:
A. Landscaping along all street setbacks.
B. A 3 to 6 foot high solid wood or masonry fence along the east, west,
and south property lines. This fence shall be designed to meet acous-
tical standards if required along State Hwy 4.
C. A minimum of one fifteen-gallon street tree for each lot limited to
two species.
D. This landscaping and landscaping plan shall be installed or bonded
prior to occupancy.
E. All landscaping shall be maintained by the applicant until occupancy
or, in the case of common areas, until annexation to a Landscaping
Lighting District.
5. 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.
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6. The applicant shall have an acoustical study for frontage along State Hwy 4
prepared prior to the issuance of any building permit. The report shall
recommend mitigation of any excessive noise levels. The noise level stud-
ies shall also incorporate the planned future width and allowable develop-
ment proposed to impact Laurel Road. The acoustical study and recommended
mitigation shall be submitted for the review and approval of the Zoning
Administrator at least 30 days prior to the request for a building permit.
7. The applicant shall comply with the Park Dedication Ordinance through the
payment of fees.
8. On the provision of police service, the applicant agrees to vote their
property into a "special tax area" for police service at an initial level
of $100 per parcel annually. This amount shall be adjusted yearly accord-
ing to the Bay Area CPI . Furthermore, the Board of Supervisors shall re-
view the assessment amount and adjust it to a higher level as conditions
warrant it.
9. 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 plan shall
be operative prior to final inspection by the Building Inspection Depart-
ment.
10. The applicant shall add the following to the deed of each newly created
parcel :
"This document should serve as notification that you have purchased
land in an agricultural area where you may regularly find farm equip-
ment using local roads, farm equipment causing dust, crop dusting and
spraying occurring regularly, noise associated with farm equipment and
aerial crop dusting, and certain animals and flies may exist on sur-
rounding 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."
11. Frontages along the "A" Court cul-de-sac are to be expanded to a minimum
aggregate of 15 feet, if necessary one lot must be deleted to provide addi-
tional area.
12. Provision of a bus stop on State Hwy 4, located between this project and
Laurel Road shall be provided prior to issuance of building permits.
13. Access to this subdivision must be provided through the subdivision to the
north, if access cannot be provided the subdivision layout along Honey Lane
must be reevaluated. If access using Honey Lane is proposed a revised site
plan must be submitted for review and approval of the Zoning Administrator.
14. Building permits shall not be issued unless and until an approved and vali-
dated method for financing the Hwy 4 extra lane project is assured and fi-
nanced. If the project approval is held up by any party so that the
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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.
15. The project (Subdivision 6927 and 3021-87) shall be restricted by a decla-
ration covenants, conditions and restrictions (CC & R's) receiving the pri-
or approval of the Community Development Department and the County Counsel ,
meeting applicable regulations of the California State Real Estate Commis-
sioner and providing for a Architectural and Maintenance Committee to ad-
minister and enforce them. The CC & R's shall contain at least the follow-
ing 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 mod-
ification shall conform to the requirements of Contra Costa County. A
statement substantially in the following form: "The County of Contra
Costa (or any city successor in interest) is hereby given supervisory
jurisdiction over the enforcement of the provisions of this declara-
tion dealing with maintenance, cleanliness, and repair of any common
areas and exterior appearance of the project. In the event of a
breach of any duty pertaining to such maintenance, cleanliness, repair
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 re-
ceipt 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 the County its costs (including attorney's
fees and all other involved County staff time) . Nothing contained
herein shall limit any other right or remedy which the County may ex-
ercise by virtue of authority contained in ordinance or state law.
A statement in the CC & R's providing authority for the Association to
collect the costs from the owners of property within said project of
any required maintenance and/or enforcement of the CC & R's.
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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.
16. 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, at least 40 feet of
right of way as required for the planned future roads along the
easterly and southerly lines of the property. The Honey Lane right of
way shall include right of way to complete the cul-de-sac at its
proposed westerly terminus.
D. Relinquish abutter's rights of access along State Highway 4.
E. All interior subdivision streets shall be dedicated to the County and
constructed to County public road standards.
F. Parking and parking facilities shall not be permitted in the
cul-de-sac areas for "A" Court, "C" Court, and "D" Court unless
specifically permitted by an ordinance adopted by the Board of
Supervisors.
G. Furnish proof to the Public Works Department, Engineering Services
Division, that legal access to the property is available from Laurel
Road.
H. An encroachment permit for construction within the State right of way
shall be obtained from Caltrans through the Public Works Department,
Engineering Services Division.
I . Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the Oakley Area of Benefit as adopted by the Board of Supervisors.
J. 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.
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K. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
L. 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.
M. Comply with the drainage fee requirements for Drainage Area 30B as
adopted by the Board of Supervisors.
N. 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
facilities. The development must be annexed to Drainage Area 300
prior to filing the Final Map for Subdivision 6927 or the issuance of
a building permit. e
0. Drainage facilities for this subdivision shall be designed to pick up
runoff from the south in accordance with the Drainage Area 30B
hydrology plan.
P. 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
Hwy 4 at this time, the applicant shall execute a Deferred Improvement
Agreement for construction of the raised median and landscaping in the
future when the Public Works Department finds that they are needed.
Q. Annex this property to County Landscaping District AD 1979-3 (LL-2) .
R. 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.
S. Prior to issuance of building permits, file the Final Map for
Subdivision 6927.
T. Construct the roads along the southerly and easterly property lines as
28-foot roads within 40-foot rights of way constructed to County
public road standards. The face of curbs shall be located 10 feet
from the right of way and provide for expansion to a 36-foot road
within a 56-foot right of way on Honey Lane and to a 40-foot road
within a 60-foot right of way on "B" Street.
U. Execute a Deferred Improvement Agreement for signalization and
channelization of the State Hwy 4-Laurel Road intersection. The
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Deferred Improvement Agreement will be subject to activation when the
Public Works Department finds that the improvements are warranted.
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rz3:2719-rzc.kk
8/24/87
10/6/87
Revised 11/21/89