HomeMy WebLinkAboutMINUTES - 10241989 - T.3 T. 3
TO: _ _ BOARD OF SUPERVISORS C Itra
FRT: Harvey E. Bragdon, C^ t^�l� 'l
Director of Community Development
DATE: 21 September 1989
SUBJECT: PUBLIC HEARING, Rezoning Application 2827-RZ, IRBY W. INESS (Appli-
cant, ENCM PROPERTIES (Owner) , requesting to rezone 7.25 acres from
General Agricultural Distict (A-2) to Planned Unit District (P-1) -
E1 Sobrante area (S.D. II)
Parcel No.433-160-022, 030 & 059.
SPECIFIC REQUEST S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS. :
-1.' Accept the environmental documentation prepared for this project
as being complete and adequate.
2. Approve Rezoning Application 2827-RZ with conditions as
recommended by the County Planning Commission.
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3. Approve the accompanying applications, Final Development Plan
#3049-88 and the tentative map, Subdivision #7253 with the con-
ditions recommended by the Commission.
4. Adopt the County Planning Commission's findings as set forth in
Resolution No. 34-1989, as the determination for your Board's
action.
5. Introduce the ordinance giving effect to the aforesaid rezoning;
waive reading and set -date for adoption of same.
BACKGROUND/JUSTIFICATION FOR RECOMMENDED ACTIONS:
The County Planning Commission considered this matter at its August
8, 1989 hearing. The project is proposing 21 single family
residences in bowl area north of San Pablo Creek. A soils report
has been prepared indicating that extensive landslide correction
measures will be necessary before construction can occur.. The pro-
ject is supported by the E1 Sobrante Planning and Zoning Committee.
After taking testimony, the Commission voted to recommend that your
Board approve the project. Attached are the recommended conditions
of approval. In approving the project, the Commission required the
elimination of a proposed gated entrance to the project ccord
with the staff recommendation.
CONTINUED ON ATTACHMENT: YES SIGNA
ACTION OF BOARD ON October 24 , 1989 APPROVED AS RECOMMENDED �_ OTHER
' This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the recommendation of the Contra Costa
County Planning Commission on the request by Irby W. Iness (applicant
and ENCM Properties (owner) (2827-RZ) to rezone approximately 7.25
acres of land from General Agricultural District (A-2) to Planned Unit
District (P-1) and for approval of Development Plan 3049-88 for
approval of 21 lots generally conforming with R-7 standards with
variances for 5 feet, and 5 foot sideyards for lots 12 and 13, and
lots less than 70 feet in average width; and for approval of tentative
map for Subdivision #7253 to divide 7. 52 acres into 21 lots in the El
Sobrante area.
Mary Fleming, Community Development Department, presented the
staff report on the above request. Ms. Fleming commented on the site
location and the surrounding area. She commented on issues including
the trees along the creek that are of heritage tree quality, grading,
the approval by the Planning Commission with modifications, and the
staff recommendation that the Board accept the environmental
documentation for the project as being complete and adequate, approve
the rezoning 2827-RZ, approve the Final Development .Plan 3049-88 and
the Subdivision 7253 and adopt the Planning Commission' s findings as
the determination for the Board' s action, introduce the Ordinance,
waive the reading and set date for adoption.
The public hearing was opened -and the following -person appeared
to speak:
Cecil Dillon, P.O. Box 2180, -Lodi, Dillon Engineering,
representing ENCM Properties, expressed concurrence with the findings
and conditions of the staff and requested clarification on the
condition C on Page 2 with regard to anon-hazardous play area for
children. He also requested clarification on the condition relative
to the notice to the business located on site and the people that
board their horses.
Mary Fleming responded with a recollection of the Planning
Commission discussion relative to the play area and their decision
that the area should be provided but that the Zoning Administrator and
the Public Works Department. review it to be sure that it was a safe
play area.
The public hearing was closed.
Supervisor Fanden moved for approval with the condition
stipulation.
Mary Fleming commented that on the condition relative to the
notification of the business and horse boarders, staff recommended
reduction to 60 days.
IT IS BY THE BOARD ORDERED that recommendations 1, 2 with
conditions as amended, 3 with conditions as amended, 4, and 5 are
APPROVED; and as in recommendation 5, Ordinance No. 89-62 is
INTRODUCED, reading waived and October 31, 1989 is set for adoption of
same.
VOTE OF SUPERVISORS
XI(ABSENT I, III I HEREBY CERTIFY THAT THIS IS A
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 October 24, 1989
County Counsel PHIL BATCHELOR, CLERK OF
Public Works-Tom Dudziak THE BOARD OF SUPERVISORS
Assessor
West County Fire Protection Dist. 7
COUNTY ADMINISTRATOR
Irby ,W. Iness o
ENCM Properties DEPUTY
r
CONDITIONS OF APPROVAL FOR 2827-RZ
1. This approval is based upon the exhibits received by the Community
Development Department and listed as follows:
A. Exhibit "A" - Development Plan for a 21 unit single family
development, scale 1" = 40' received July 13, 1989.
B. Exhibit "B" - Floor plans and elevations received May 8, 1989.
C. Exhibit. "C" - Preliminary grading plan, scale 1" = 40' , received July
13, 1989.
D. The located security gate is expressly prohibited. Architectural
treatment for the entryway is not prohibited.
2. The total number of units shall not exceed 21 units.
3. Sewage disposal serving the properties concerned in this application shall
be provided by the West Contra Costa Sanitary District. Each individual
living unit shall be served by a separate sewer connection. The sewers
located within the boundaries of the properties concerned should become an
integral part of the West Contra Costa Sanitary District's sewage
collection system.
4. Water supply serving the properties concerned shall be by the East Bay
Municipal Utility District. Such water distribution system, located within
the boundaries of the properties concerned in this application, should
become an integral part of the East Bay Municipal Utility District' s
overall water distribution system. Each individual living unit shall be
served by a separate water connection.
5. Comply with the requirements of the West County Fire District including
provision for water supply and fire hydrants, as determined by the
District. Exterior residential material shall be fire retardant.
6. A suitable children's play area shall be developed near the front of the
site subject to Zoning Administrator and Public Works Department approval .
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CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3049-88 AND SUBDIVISION 7253
1. This approval is based upon the exhibits received by the Community Devel-
opment Department and listed as follows:
A. Exhibit "A" - Tentative map of Spanish Trails, scale 1'= 40' , received
July 13, 1989.
B. Exhibit "B" - Development Plan, scale 1 '= 40' received July 13, 1989.
C. Exhibit "C" - Preliminary Floor Plans and elevations received July 15,
1989.
D. Exhibit "D" - Preliminary grading plan, scale 1"= 40' , received May 8,
1989.
E. Exhibit "E" - Traffic study be Edward Franzen, Traffic Engineer, dated
received May 8, 1989.
F. Exhibit "F" - Geological and preliminary geotechnical investigation by
Terrasearch, Inc. , , dated received May 8, 1989.
G. Exhibit "G" - Cultural Resource Evaluation of the Spanish Trails/El
Sobrante Subdivision by Archaeological Resource Management, dated re-
ceived May 8, 1989.
H. Exhibit "H" - Letter from applicant specifying Lots 19, 20 and 21 as
sales lots, dated received June 29, 1989.
2. The total number of units shall not exceed 21. A scenic easement shall be
established in the open space easement area for Lots 4 to 9 as well as the
creek setback area. No homeowner association trail access to these private
lots shall be allowed.
3. This approval is subject to adoption of an ordinance for the rezoning of
the subject property under application 2827-RZ. The final number and lay-
out of units shall reflect the Boards approval .
4. The length of approval for the Final Development Plan, 3049-88, shall co-
incide with the 3 year time limit of the Subdivision. One 3 year extension
can be granted for the Final Development Plan and Subdivision.
5. The proposed residences shall be similar to that shown on submitted plans.
Prior to the issuance of a building permit elevations and architectural
design of the building and building roof material shall be submitted for
final review and approval by the County Zoning Administrator. The roofs
and exterior walls of the building shall be free of such objects as air
conditioning or utility equipment, television aerials, etc. or screened
from grew. The building shall be finished in stucco with wood trim ori
other materials acceptable to the Zoning Administrator. Exterior colors
shall be earth tones, and be approved by the Zoning Administrator. Exterior
residential material shall be fire retardant.
6. Comply with landscaping requirements as follows:
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A. A landscaping program for all areas shown on the submitted plot plan
shall be submitted. for review and approval of the Zoning Administrator
at least 30 days prior to issuance of building permits. A cost esti-
mate shall be submitted with the landscaping program plans. The front
area of Lot A shall be landscaped with suitable drought tolerant trees
and bushes. The landscape plan for Lots 19, 20 and 21 (sales lots)
shall be approved by the Zoning Administrator after review and comment
of the East Bay Municipal Utility District.
8. California native species shall be used -as much as possible. All
trees shall be 15 gallon size, all shrubs shall be 5 gallon size.
Trees should be of drought tolerant type. The access road area shall
be landscaped with trees on each side.
C. A suitable non-hazardous play area for children shall be developed
near the front of the site. The Zoning Administrator shall review and
approve the plans along with landscape plans. The Public Works
Department shall approve the plans.
D. A erosion prevention landscape plan and cost estimate shall be sub-
mitted for the review and approval of the Zoning Administrator with
advise of the Planning Geologist for all cut or fill areas. The plan
shall be submitted and approved prior to issuance of a grading permit
for the site. Proof of removal of animal manure shall be submitted.
E. The Zoning Administrator shall review and approve the street trees
type for the access road. Street trees shall be planted on both sides
of the access road and shall be sufficiently close together to create
significant shade when mature.
F. The Zoning Administrator shall review and approval solid wood fences
plans for lot line fences, the front masonry fence and sign, gate, and
the wire fences for lots 5 to 9.
G. The grove of trees in and along San Pablo Creek shall be designated as
a heritage grove. The applicant shall submit a tree plan for review
and approval of the Zoning Administrator showing all trees in the area
by size and type.
H. The Zoning Administrator shall review and approve the plans for trails
into the upper hills area and the creek area.
7. The site lighting shall be of low intensity and shall be deflected to shine
only onto the site. The lighting of the recreational area shall be re-
vi ewed—rrd approved by the Zoning Administrator at least 30 days prior to
issuance of a building permit.
8. Each unit house shall have address numbers that are clearly visible day and
night to the access road which may require illumination.
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9. Sewage disposal serving the properties concerned in this application shall
be provided by the West Contra Costa Sanitary District. Each individual
living unit shall be served by a separate sewer connection. The sewers
located within the boundaries of the properties concerned should become an
integral part of the West Contra Costa Sanitary District's sewage collec-
tion system.
10. Water supply serving the properties concerned shall be by the East Bay Mu-
nicipal Utility District. Such water distribution system, located within
the boundaries of the properties concerned in this application, should be-
come an integral part of the East Bay Municipal Utility District's overall
water distribution system. Each individual living unit shall be served by
a separate water connection.
11. Comply with the requirements of the West County Fire District including
provision for water supply and fire hydrants, as determined by the Dis-
trict.
12. Covenants, Condition and Restrictions shall be submitted for review with
the Final Subdivision Map, subject to review by the Community Development
Department. This document shall provide for establishment, ownership and
maintenance of the common open space and parking, fire protection, fencing,
private streets, drainage maintenance and creek bank repair.
13. The access road and driveways shall be paved so as to prevent ponding of
water or the creation of dust. One side of the access road shall be posted
"No Parking".
14. Comply with the requirements of the Planning Geologist as follows:
A. Prior to issuance of any building permits on this site, or recording a
Final Map or installing improvements, submit grading plans and sta-
bility analysis including seismic loads for review of the Planning
Geologist. Grading plans shall incorporate recommendations of the
Planning Geologist's memo to the Senior Planner dated May 18, 1989 and
recommendations of a geotechnical consultant to the County.
B. Developer shall enter into a consultant services agreement with County
Community Development Department to provide independent geotechnical
review of design, and inspection of site grading. Developer shall
deposit sufficient funds for estimated cost of review and administra-
tion. Recommendations for changes to the grading plans, procedures,
or specifications shall be carried out prior to issuance of a grading
permit.
C. Prft-r to recordation of a Final Map, submit for review of the Zoning
Administrator, CC & R's providing for maintenance of the scenic ease-
ments by a homeowner's association, seeded by developer . for a period
of 10 years.
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D. Prior to recordation of a final map, submit a final report of the en-
gineering geologi.st and. soil engineer and an as-graded map showing
rock and soil structure and plan and elevation of surface and subsur-
face soil improvements including buttress fills, buttress fill
keyways, subdrainage material and pipe facilities, subdrain pickup and
disposal points, and cleanouts, all as surveyed by a licensed land
surveyor or civil engineer.
E. Concurrently with recordation of the Final Map, record a statement to
run with deeds to parcels created by this subdivision acknowledging
the preliminary soil and geologic reports by title, author (firm) , and
date, calling attention to these conditions of approval and recommen-
dations of consultants. to developer and to Contra Costa County, and
noting that the information is on file for public review in the Com-
munity Development Department of Contra Costa County.
15. Should archaeological materials be uncovered during grading, trenching or
other on-site excavation(s) , earthwork within 30 yards of these materials
shall be stopped until a professional archaeologist who is certified by the
Society for California Archaeology (SCA) and/or the Society of Professional
Archaeology (SOPA) has had an opportunity to evaluate the significance of
the find and suggest appropriate mitigation(s) , if deemed necessary.
16. The name of the access drive shall be approved by the Community Development
Department and the Fire District.
17. A 4.5' wide sidewalk shall be required along one side of the access drive
from the sidewalk on Valley View Drive to the end of the loop drive.
18. Residences within the development shall have aggregate 20 foot front
setback minimum, a minimum sideyard of 7 feet, with a total sideyard of 15
feet and a rearyard of 15 feet. Each residence shall have no more than two
stories or be over 30 feet tall . Detached accessory buildings under 12
feet tall can have 3' side and/or rear yard provided they are setback 50
feet from the access road easement. No more than 30% of the rear yard can
be covered by a detached accessory structure. The uses allowed in this
development shall conform to the R-10 zoning district except as approved by
the Zoning Administrator.
19. The feed store business and any other existing businesses on the site shall
be give 60 day notice to vacate. Proof of this notification shall be
submitted prior to recordation of the final map.
20. Any owner of a horse or other livestock boarded on site shall be given a
60-day notice to remove the animal (s) . Proof of such notice shall be
submitted prior to recordation of a final map.
21. Where a lot/parcel is located within 300 feet of a high voltage electric
transmission line the applicant shall record the following notice:
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The subject property is located near a high voltage electric trans-
mission line. Purchasers should be aware that there is ongoing re-
search on possible potential adverse health effects caused by the ex-
posure to a magnetic field generated by high voltage lines. Although
much more research is needed before the question of whether magnetic
fields actually cause adverse health effects can be resolved, the ba-
sis for such a hypothesis is established. At this time no risk as-
sessments have been made.
22. Comply with drainage, road improvement, traffic and utility requirements as
follows:
A. In accordance with Section 92-2.006 of the County Ordinance Code, this
subdivision shall conform to the provisions of the County Subdivision
Ordinance (Title 9) . Any exceptions therefrom must be specifically
listed in this conditional approval statement. Conformance with the
Ordinance includes the following requirements:
1. Constructing road improvements along the frontage of Valley View
Drive. Constructing 4 foot sidewalk adjacent to the easterly
curb will satisfy this requirement. In addition, the applicant
shall continue the construction of sidewalk to match the existing
sidewalk south of the creek and install a 6 foot high chain link
fence above San Pablo Creek subject to the review of ' the Public
Works Department and the approval of the County Zoning Adminis-
trator. .
2. Undergrounding of all utility distribution facilities.
3. Conveying all storm waters entering or originating within the
subject property, without diversion and within an adequate storm
drainage facility, to a natural watercourse having definable bed
and banks or to an existing adequate storm drainage facility
which conveys the storm waters to a natural watercourse. Im-
provements shall be constructed in accordance with the plans ap-
proved by the Public Works Department.
4. Designing and constructing storm drainage facilities required by
the Ordinance in compliance with specifications outlined . in Di-
vision 914 of the Ordinance and in compliance with design stan-
dards of the Public Works Department.
5. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
6-w- Submitting improvement plans prepared by a registered civil en-
gineer, 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 channelization and striping plans
for review by the County Traffic Engineer.
,•
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7. Relinquishing "development rights" over that portion of the site
that is within the—structure setback area of San Pablo Creek.
The structure setback area shall be determined by The Public
Works Department using the criteria outlined in Chapter 914-14,
"Rights of Way and Setbacks", of the Subdivision Ordinance.
8. Verifying that San Pablo Creek through the site is adequate to
convey the required design storm and making improvements subject
to the review and approval of the Public Works Department.
Note: A drainage violation notice was sent on October 7, 1983 to
the owner of parcel #433-160-059, who had illegally dumped fill
on the creek bank.
B. 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 per-
manent, road and drainage improvements.
C. Establish covenants, conditions and restrictions for the development
that clarifies that all creek improvements and storm drain facilities
.within the development will be maintained by the homeowners of the
Subdivision.
D. Prior to issuance of building permits, file the Final Map for Subdi-
vision 7253.
E. ' Reconstruction of intersection of the private road with Valley View
Road shall be realigned to right angles and restriping of the inter-
section shall be done in accordance with the plan approved by Public
Works Department.
F. Dedication of the right of way and construction of a bus stop if re-
quired by the WESTCAT Transit Authority, in accordance with the plans
approved by the Public Works Department.
G. The applicant shall mitigate area-wide drainage impacts by construct-,
ing improvements on San Pablo Creek subject to the review of the
Public Works Dept. , Engineering Services Division and review and .
approval of the Zoning Administrator. The improvements shall be at
least $0.15 per square foot of increased impervious surface area.
H. Install left-turn channelization at the Valley View access to this
property. This will require requesting the Board of Supervisors to
prohibit parking along this portion of Valley View Road.
The following statements are not conditions of approval . However, the developer
should be aware of them prior to requesting grading or building permits.
A. This project may be subject to the requirements of the Department of Fish &
Game. The applicant should notify the Department of Fish & Game, P.O. Box
7
47, Yountville, California 94599, of any proposed construction within this
development that may affect any fish and wildlife resources, per the Fish &
Game Code.
This project may also be subject to. the requirements of the Army Corps of
Engineers. The applicant should notify the appropriate district of the
Corps of Engineers to determine if a permit is required and if it can be
obtained.
B. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the El Sobrante Area of Benefit as
adopted by the Board of Supervisors.
C. The applicant will be required to comply with the drainage fee requirements
for Drainage Area 73 as adopted by the Board of Supervisors.
D. Comments of the West Contra Costa Sanitary District:
(1) Improvement plans require District approval .
(2) Sewer mains and appurtenances must be constructed to nearest available
existing District facility.
(3) Appropriate permit and connection fees to be paid prior to connection
to main. (Fee estimate prepared upon submittal ) .
(4) WCCSD approval is required prior to finalizing permit or prior to
granting certificate of occupancy.
(5) A minimum 10' easement shall be granted to the District along all
public sewer mains even in public or private roadways.
(6) Geotechnical review will be required if the developer wants to dedi-
cate the sewer main to the District.
E. Developer must comply with the Park Dedication Fee Ordinance.
F. Building Inspection comments:
(1) Preliminary soils investigation report required.
(2) Supervised grading required.
(3) Grading permit required.
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