HomeMy WebLinkAboutMINUTES - 11141989 - T.2 T, O: " bt:ARJ'OF SUPERVISORS T. 2
FROk,�: Harvey E. Bragdon +
Director of Community Development `
Costa
DATE: October 25, 1989 Coy 1,
SUBJECT: Hearing on appeal of the East County Regional Planning Commission's
decision to recommend denial of Rezoning Application #2843-RZ to
rezone 23 acres from Light Industrial District (L-I) to Single Family
Residential (R-6) , along with. Subdivision 7330 requesting approval of
102 lot major subdivision, fronting approximately 830 feet on the
northerly side of Oakley Road, approximately 646 feet east of Live Oak
Avenue, in the Oakley area, filed by Yianni Michaelides (Applicant)
and Joseph and Lenora Peres (Owners) (APN 037-100-007) .
SPECIFIC REQUEST S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Deny the appeal and uphold the decision of the East county
Regional Planning Commission to deny the project as per
findings stated in Resolution No. 46-1989.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The applications were heard by the East County Regional Planning
Commission on October 9, 1989 and October 23, 1989. On October 23,
1989, the Commission voted 5-0 to deny the applications for the
following reasons:
1. The proposed rezoning of the site to Single Family Residential
District (R-6) and to subsequently develop it into 102 single
family lots conflicts with surrounding zoning which ,is Light
Industrial (L-I) . Further the proposed Oakley Gene/pal, flian
designates the site and area to the north, west and east as
Light Industrial.
2. The area is near the existing Dupont Chemical Plant. The site
and surrounding area would be best developed with Light
Industrial uses.
3. The site design has poor access as there is only one county
maintained road proposed to serve the 102 lot development.
the development should be served by more than one county
maintained access road.
4. There is no Mello-Roos agreement with the school district for
the .project.
The decision of the East County Regional Planning Commission was
appealed by Hasseltine Best, representing the applicant and owners,
on October 24, 1989 (appeal letter attached) .
CONTINUED ON ATTACHMENT: YES SIGMA
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND OF BO"TTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON Nove.nber 14, ll E: APPROVED AS RECOMMENDED OTHER
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the appeal by Yianni Michaelides from the
decision of the East County Regional Planning Commission denying
Rezoning Application 2843-RZ filed by Yianni Michaelides (applicant)
and Joseph and Lenora Peres (owners) to rezone 23 acres from Light
Industrial District (L-I ) to Single Family Residential (R-6) , along
with Subdivision 7330 requesting approval of a 102 lot major
subdivision fronting approximately 830 feet on the northerly side of
Oakley Road approximately 646 feet east of Live Oak Avenue in the
Oakley area.
1.
Karl Wandry, Community Development Department, presented the
staff report on the matter before the Board, describing the proposed
project site, and concerns expressed by the Planning Commission
relative to access and closeness to the DuPont Chemical Plant, and no
Mello-Roos being in place to provide for school services. He
presented the staff recommendation that the Board adopt the negative
declaration as being adequate for the project and uphold the Planning
Commission's denial as stated in the findings in the resolution that
was brought to the Board.
Supervisor Torlakson requested clarification on the surrounding
properties and their uses.
Mr. Wandry responded to Supervisor Torlakson's request.
The public hearing was opened and the following persons appeared
to speak:.-
Eric Hasseltine, Hasseltine-Best, 2380 Salvio Street Ste. 303 ,
Concord, representing the Peres family and Yianni Michaelides,
commented on issues including General Plan conformance for residential
development, the market for light industrial land, circulation and
fire district concerns, and the objections of the Oakley Municipal
Advisory Council; and he requested that the Board support the appeal
grant the rezoning and approve the subdivision plan as recommended by
staff.
Supervisor Torlakson requested clarification on the issue of air
pollution potential.
Mr. Hasseltine responded to Supervisor Torlakson' s question.
Ken Grunstadt, Route 1, Box 73 , Oakley, representing the Oakley
Municipal Advisory Council, (OMAC) , referred to a letter from OMAC to
Jim Harris of the Community Development Department relative to OMAC' s
objection to the applications. He also commented on lack notification
for hearings.
Supervisor McPeak questioned Mr. Grunstadt on his reasons for
wishing this location to remain in Light Industrial Zoning.
Mr. Grunstadt responded to Supervisor McPeak.
Eric Hasseltine spoke in rebuttal, commenting on issues including
a request by the applicant to delete the requirement of a pocket park
and a ten foot trail requirement and requested the deletion of
conditions 12F and 21.
The public hearing was closed.
Supervisor Torlakson requested staff provide additional
background information on the industrial lands inventory and study and
on the status of the study.
Mr. Wandry responded to Supervisor Torlakson' s concern and also
addressed Mr. Hasseltine' s request on the pocket park indicating that
staff endorsed the inclusion of a pocket park. He commented on the
original number of lots requested as 100 and with the redesign being
at- 1 ()1 .
Supervisor Torlakson requested clarification on the proposed
trail.
Mr. Wandry responded that staff would rescind their
recommendation on the trail
Supervisor Torlakson and Supervisor McPeak questioned the
compliance with the child care ordinance.
Mr. Wandry responded to their questions.
Supervisor Torlakson requested further clarification on
compliance with the General Plan.
Mr. Wandry responded.
2.
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Victor Westman, County Counsel, rendered legal advisement on the
conformity with the General Plan.
Supervisor Torlakson indicated that he would recommend proceeding
with the project in trying to bring some compatibility with the mobile
home park and the lands to the east with the condition and guidance
that the issue of the industrial lands inventory in the General Plan
be looked at further and that in terms of the pocket park he favored
staff 's position and commented that the trail issue should be further
reviewed. Supervisor Torlakson moved approval with retaining the
pocket park and referring the issue of the trail for further review by
the staff and OMAC as the subdivision would come forward.
Mr. Wandry requested clarification that the Board was granting
the appeal, introducing the ordinance, waiving the second reading and
setting November 28, 1989 for adoption and approving the subdivision
with the one provision relative to the trail.
Supervisor Torlakson expressed agreement.
IT IS BY THE BOARD ORDERED that recommendation 1 is APPROVED; the
appeal of Yianni Michaelides (applicant) and Joseph and Leonora Peres
(owners) is GRANTED; and rezoning application 2843-RZ and Subdivision
7330 with conditions (Exhibit A attached) are APPROVED; and Ordinance
No. 89-82 giving effect to the rezoning is INTRODUCED, reading waived,
and November 28, 1989 is set for adoption of same.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) 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 November 14, 1989
Yianni Michaelides PHIL BATCHELOR, CLERK OF
Joseph & Lenora Peres THE BOARD OF SUPERVISORS
Hasseltine Best A COUN ADMINISTRATOR
Public Works-Tom Dudziak
Assessor BY L , DEPUTY
County Counsel
Oakley Fire Protection District
3.
HASSELTINE BEST
conadtants in
Nanning, C 2380 Salvio St.
Devrkpmml and Suite 303
commm"t Relations Concord,CA 94520
• (415)680-0902
UZ
-7.
October 24, 1989
Mr. Harvey Bragdon
Director, Community Development Dept.
Contra Costa County
651 Pine Street
Martinez, CA 94553
Dear Mr. Bragdon:
On behalf of Yianni Michaelides, applicant, and Joseph and Lenora
Peres, owners, this letter is filed as an appeal to the action of
the East County Regional Planning Commission on October 23 , 1989
denying rezoning application 2843-RZ and tentative map application
for subdivision 7330.
The basis of denial was a preference for the Light Industrial
zoning currently assigned to the property. However, the current
General Plan designates the property as Single Family Residential
High Density. Under State law, the zoning must be consistent with
the General Plan. The applicant is completely within his rights
and is entitled to the rezoning requested. Approval is not
discretionary and, therefore, the denial is inappropriate.
This application was filed with and accepted by the County in July,
1989. The Staff has recommended approval of both the rezoning and
the tentative map. Once the Commission denied the rezoning, the
tentative map was dispatched, being unable to stand alone. There
were two discussions of the tentative map, the first on October 9,
1989 , which led to a revised version, addressing all points raised
by the Commission and Staff, being submitted for the October 23 ,
1989 meeting.
We would appreciate your placing this appeal on the earliest
possible agenda of the Board of Supervisors in order to protect
the applicant' s rights.
Thank you.
Sincerely,
ToS Eric Hasseltine
CONDITIONS OF APPROVAL FOR SUBDIVISION 7330
1. This application is approved as shown on the revised Tentative Map dated
received October 17, 1989, by the Community Development Department. A
temporary twenty-four foot wide paved access shall be built across Lot 13
to serve as a second access until an access road to the east can be
developed. Lots 2 and 3 now have average widths of 57' (60' required).
2. Prior to recording the final map for Subdivision 7330, the site shall have
been rezoned to R-6. If site is not rezoned R-6, this approval is null and
void.
3. With the filing of the Final Map, Covenants, Conditions, and Restrictions
(CC&R's) shall be submitted for review by the Community Development De-
partment.
4. 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.
5. Illuminated house numbers visible from a public or private roadway are re-
quired for each residence.
6. Sewage disposal serving the properties concerned in this application shall
be provided by the Oakley Sanitary District. Each individual 'living unit
shall be served by a separate sewer connection. The sewers located within
the boundaries of the properties concerned shall become an integral part of
the Oakley Sanitary District's sewage collection system.
7. Water supply serving the properties concerned shall be by the Oakley Water
District. Each individual living unit shall be served by a separate water
connection. Such water distribution system located within the boundaries
of the properties concerned in this application shall become an integral
part of the Oakley Water District's overall water distribution system.
8. The perimeter of the site be fenced with a 6' high solid wood fence with
cement pilasters (to hold the fence in the sandy soil ) subject to Zoning
Administrator review and approval . The required fencing shall be installed
prior to occupancy of new residential structures on the site.
9. At least 45 days prior to recording a Parcel Map, issuance of Building De-
partment permits, a grading permit, or installation of improvements, submit
a preliminary soil , and foundation report meeting the requirements of Sub-
division Ordinance Section 94-4.420 for review and approval of the Planning
Geologist. Improvement, grading, and building plans shall ,carry out the
recommendations of the approved report. Record a statement to run with
deeds to the property acknowledging the approved report by title, author
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(firm), and date, calling attention to recommendations, and noting that the
report is on file for public review in the Community Development Department
of Contra Costa County.
The report shall include evaluation of the potential for liquefaction,
seismic settlement and other types of seismically induced ground failures
by recognized methods appropriate to soil conditions discovered during
subsurface investigation.
10. The subject property may be located near a high voltage electric transmis-
sion line. Purchasers should be aware that there is ongoing research on
possible potential adverse health effects caused by the exposure to a mag-
netic 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 basis for such an hypothesis is
established. At this time no risk assessments have been made.
11. Street names shall be acceptable to the Community Development Department
and the Fire District.
12. Prior to recording the Final Map for this site, the applicant shall submit
a Landscape Plan conforming to the County's Water Conservation policies and
to the Oakley Landscape Guidelines:
A. Native, drought resistant plants shall be used whenever feasible.
B. Landscaping along all street setbacks including the 13' wide strip
around the meadering sidewalk on Oakley Road . A 2' wide bridal path
will be established on the inside of the meandering sidewalk.
C. A minimum of one fifteen-gallon street tree for each lot to be main-
tained by the applicant until occupancy of the residence.
D. All landscaping, including frontyard landscaping, shall be installed
or bonded prior to occupancy on any new residences on the site.
E. Landscaping shall be maintained by the applicant until occupancy of
annexation to Landscaping-Lighting District.
F. A suitable pocket park shall be developed for the site subject to the
review and approval of the Zoning Administrator.
13. 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 recording of the Final Map.
14. 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
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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.
15. 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.
16. 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 equipment using lo-
cal roads, farm equipment causing dust, crop dusting and spraying occurring
regularly, noise associated with farm equipment and aerial crop dusting,
agricultural burning, together with animals and flies on surrounding prop-
erties. This is, again, notification that this is part of the agricultural
way of life i n East Contra Costa County and you should be fully aware of
this at the time of purchase."
17. Noise generating construction activities shall be limited to the hours of
7:30 a.m. to 6:00 p.m. , Monday through Friday, and shall be prohibited on
state and Federal holidays. The restrictions on allowed working days may
be modified on prior written approval by the Zoning Administrator.
18. The project sponsor shall require their contractors ,and subcontractors to
fit all internal combustion engines with mufflers which are in good condi-
tion, and to locate stationary noise-generating equipment such as air com-
pressors and concrete pumpers as far away from existing residences as pos-
sible.
19. A dust and litter control program shall be submitted for the review and
approval of the Zoning Administrator following review by the Building In-
spection Department. Dust shall be kept down by watering which shall be
accomplished by a watering truck on site or from hydrants on site.
20. 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 Oakley Road.
Constructing curb and meandering sidewalk at the . ultimate line
and grade, providing necessary grading and sound walls, and pay-
ing cash for up to 20 feet of road widening (measured from the
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face of curb) along the frontage will satisfy this requirement.
The amount of payment shall be based on an estimate prepared by
the developer's engineer and shall include a 7% surcharge for
engineering. The funds will be placed in a Road Improvement Fee
Trust (Fund No. 819200-0800) designated for these improvements as
part of a County project. The sound wall design shall be based
on horizon year traffic and ultimate road widening.
2. Installing street lights on Oakley Road and onsite. The final
number and location of the lights shall be determined by the
County Traffic Engineer and annexing to County Service Area L-100
for maintenance of the lights.
3. Undergrounding of all utility distribution facilities.
4. 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. This
will include the construction of Line B of the Drainage Area 29H
plan from Oakley Road north to State Highway 4 and Line A from
State Highway 4 to Big Break.
5. 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.
6. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
7. 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 striping plans for review by the
County Traffic Engineer.
B. Convey to the County, by Offer of Dedication, approximately 42 feet of
additional right of way on Oakley Road as required for the planned
future width of 110 feet. The horizontal alignment enters a reversing
2000 foot radius curve near the easterly end of the frontage.
C. Relinquish abutter's rights of access along Oakley Road with the ex-
ception "A" Street and temporary access at the "D" Court.
D. Construct the onsite road system as shown on the Tentative Map with
the following changes and additions:
1. Elimination of the three knuckles on the "C" Circle.
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2. If the property to the east is rezoned or redesignated to resi-
dential : construct the onsite road system as shown on the Ten-
tative Map (except that the knuckles on "C" Circle shall be re-
moved) . Otherwise the proposed road extension to the east shall
be deleted.
3. If all of the surrounding properties are to remain zoned as Light
Industrial , then "D" Court shall be extended to Oakley Road (with
elimination of the cul-de-sac) , Lot 13 shall be eliminated. A
temporary 24 foot wide paved access road shall be built across
Lot 13. It shall remain until a second access road is built.
E. Contribute to the Area of Benefit trust fund the cost of landscaping
one half of the median and the pro rata cost of preparing the Oakley
uniform roadway landscaping plan.
F. Apply for annexation to County Landscaping District AD 1979-3 (LL-2)
for installation and maintenance of landscaping and irrigation im-
provements for the medians, parkways and other areas.
21. A ten foot wide trails easement shall be developed from "C" Circle to the
P.G. & E property to the north of the site, subject to further review by
OMAC and review and approval of the Zoning Administrator.
The following statements are not Conditions of Approval , however, the developer
should be aware of them prior to requesting building permits.
A. Building Inspection Department:
1) Preliminary soils report required.
2) Grading plans and permits required.
B. Oakley Sanitary District:
1) Service will be provided based on capacity available at time of
building permit.
2) Comply with District regulations and ordinances.
C. Public Works Department:
1) The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Oakley Area of Benefit and
the East/Central County Travel Corridor Area of Benefit as adopted by
the Board of Supervisors.
2) The applicant will be required to comply with the drainage fee re-
quirements for Drainage Area 29H as adopted by the Board of Supervi-
sors. Certain improvements required by the Conditions of Approval for
this development or the County Subdivision Ordinance Code may be
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eligible for credit or reimbursement against said fee. The developer
should contact the Public Works Department to personally determine the
extent of any credit or reimbursement for which he might be eligible.
D. Comply with the requirements of the Park Dedication Ordinance.
E. Oakley Fire Protection District:
1) Comply with the requirements as outlined in their letter, dated July
14, 1989, concerning Subdivision 7330.
AB/df
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9/19/89
10/4/89
10/18/89