HomeMy WebLinkAboutMINUTES - 11281989 - T.7 ..i' T. 7
TO: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon Contra
Director of Community Development Costa
DATE: October 25, 1989 County
SUBJECT: Hearing on Rezoning Application #2820-RZ to rezone 1.76 acres of land
from Light Industrial District (L-I) to Planned Unit District (P-1) ,
fronting approximately 230 feet west of Neroly Road, in the Oakley
area. (APN 051-220-039 and 053 )
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 #2820-RZ, along with Preliminary
Development Plan #3037-88, as recommended by the East County
Regional Planning Commission, including conditions attached.
3. Adopt the East County Regional Planning Commission' s findings
as set forth in Resolution No. 45-1989, 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.
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CONTINUED ON ATTACHMENT: YES SIGNATURE-
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO T OFIBOA7, COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON November 28, 1989 APPROVED AS RECOMMENDED 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 no one
appearing in opposition, the public hearing was closed. On recommendation of
Supervisor Torlakson, IT IS BY THE BOARD ORDERED that recommendations, 1, 2,
3 and 4 are APPROVED; and as in recommendation 4, Ordinance No. 89-86 is
INTRODUCED, reading waived and December 5, 1989 is set for the adoption of same.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X 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 28, 1989
Babbit Civil Engineering, Inc. PHIL BATCHELOR, CLERK OF
Dan Straface THE BOARD OF SUPERVISORS
Public Works-Tom DudziakD COUNTY ADMINISTRATOR
Assessor L
00.
Oakley Fire Protection District By G DEPUTY
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CONDITIONS OF APPROVAL FOR 2820-RZ AND DEVELOPMENT PLAN 3037-88
1. This approval is based upon the exhibits received by the Community Develop-
ment Department and listed as follows:
A. Exhibit "A" - Revised site plan for the site done by William Glass and
Associates dated received October 2, 1989 by the Community Development
Department, except that site parking and building shall be redesigned
to take into account required right of way for State Highway 4 widen-
ing. "Future Building" shown on the site plan is not approved.
B. Elevation plans done by William Glass and Associates dated received
October 28, 1988 by the Community Development Department, except as
required modifications needed for right of way for State Highway 4.
2. The proposed buildings 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 meter equipment, television aerials, etc. , or they
shall be screened from view. The building shall be finished in wood,
metal , glass, stucco, concrete block or other materials acceptable to the
Zoning Administrator. An acceptable architectural treatment shall be
developed to help break up the appearance of a long blank wall along the
sides and back of the building.
3. Submit a revised site plan for the review and approval of the Zoning
Administrator showing a redesigned retail shop buildings (if needed) and
parking layout taking into account required right of way for State Highway
4.
4. Comply with landscaping requirements as follows:
A. A revised landscaping and irrigation plan 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 estimate shall be submitted with the landscaping
irrigation plan: The revised plan shall take into account required
right of way for State Highway 4.
B. California native species shall be used as much as possible. All
trees shall be 15 gallon size, all shrubs shall be 5 gallon size.
C. Landscaping shall be installed prior to occupancy of the building
under construction.
D. The planter along State Highway 4 shall be 20 feet wide. The planter
shall be landscaped in accordance with the policy set forth by, the
Oakley Landscape Guidelines. The planter along Highway 4 shall be
mounded. The Zoning Administrator shall approve mounding details.
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2.
E. The Zoning Administrator shall review and approve fencing details and
location. The southern property line shall be fenced with a 6' tall
masonry fence.
F. Any area of the site that may be developed in the future shall be
planted with a suitable mixture of California native wild flowers and
grass.
G. Landscaping shall comply with the Contra Costa County policy on water
conservation requirements for new developments.
H. The undeveloped area of site is to be kept clean and in an orderly
fashion.
5. If archaeologic materials are uncovered during grading, trenching or other
on-site excavation, earthwork within 30 meters 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 measures, if they are deemed
necessary.
6. The site lighting shall be designed and/or deflected to shine only onto the
site. Site lighting details shall be submitted for the Zoning Administra-
tor's review and approval at least 30 days prior to requesting building
permits.
7. The Zoning Administrator shall review and approve uses in the center. Uses
producing large amounts of . waste water shall not be allowed unles
specifically approved by Zoning Administrator subject to Health Department
approval . The existing commercial use on the site shall be removed prior to
issuance of a building permit.
8. Water supply serving the properties concerned shall be by the Oakley Water
District. 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.
9. Comply with the requirements of the Oakley Fire Protection District includ-
ing provision for water supply, fire hydrants and building sprinkling as
determined by the District.
10. No outdoor storage or sales of materials shall be allowed except for chari-
table events and events approved by the center's merchants subject to
review and approval of the Zoning Administrator.
1
3.
11. A sign plan for the site shall be developed subject to the Zoning Adminis-
trator's review and approval .
A. One free standing monument project identification sign may be allowed
subject to the Zoning Administrator's review and approval . The
project sign shall be for the name and address of the center only.
B. Individual business signs shall consist of individual illuminated
letters. Signs shall be no longer than 10 to 12 feet with letter
heights of a maximum of 20 inches.
C. One sign per storefront exclusively is permitted.
D. No signs, except for a small door sign, shall be allowed on the back
or sides of the buildings.
E. A suitable public bulletin board sign may be located on the north side
of the building.
12. The refuse area shall be properly screened and gated. The Zoning Adminis-
trator shall review and approve the location and screening of the refuse
area.
13. Property owner shall hook up to public sewers when they become available.
14. Parking areas shall be paved and sloped to prevent the ponding of water.
15. The applicant shall contact the Sheriff's Department to determine if the
service road behind the building should be gated so that it can be shut off
from vehicle traffic during non-business hours.
16. At least 45 days prior to issuance of Building Inspection Department
permits, or installation of improvements, submit a preliminary geology,
soil , and foundation report for review and approval of the Planning
Geologist. The report shall include evaluation of the potential for
seismic settlement and seismically-induced ground failures by methods
appropriate to soil conditions discovered during subsurface investigation.
Improvement, grading, and building plans shall carry out the recommenda-
tions of the approved report.
Record a statement to run with deeds to the property acknowledging the
approved report by title, author (firm) , and date, calling attention to
approved recommendations, and noting that the report is on file for public
review in the Community Development Department of Contra Costa County.
17. The building shall have illuminated address numbers or letters.
4.
18. 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. The requirements of
this Ordinance include the following:
(1) Installing street lights on State Highway 4 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.
(2) Constructing a 10-foot 0-inch sidewalk, along the frontage of
State Highway 4. Prevent storm drainage, originating on the
property and conveyed in a concentrated manner, from draining
across the sidewalk.
(3) Dedicating 20-feet to 28-feet of right of way along the State
Highway 4 frontage of this property.
(4) Undergrounding of all utility distribution facilities.
(5) 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.
The applicant's tentative map indicates that the nearest
"approved drainage facility" is located 1,500 feet to the east of
the site. The nearest existing acceptable drainage facility is
actually the San Joaquin River.
(6) Prohibits the discharge of storm waters to roadside ditches.
(7) Installing, within a dedicated drainage easement, any portion of
the drainage system which conveys run-off from public streets.
(8) Applying for encroachment permits from the Public Works Depart-
ment, Engineering Services Division, for driveway connections
within the right of way of State Highway 4 and/or Neroly Road.
(9) Submitting improvement plans prepared by a registered civil
engineer, payment of review and inspection fees, and security for
all improvements required by the Ordinance Code or the conditions
of approval for this development. These plans shall include any
necessary traffic signage and striping plans for review by' the
County Traffic Engineer.
5.
6. Relinquish abutter's rights of access along State Highway 4 and the
State Highway 4 off ramp. Ingress to this property shall be permitted
at the joint driveway located on the property to the east.
C. An encroachment permit for construction within the State right of way
shall be obtained from Caltrans through the Public Works Department,
Engineering Services Division.
D. Observe up to an additional 41-foot structure setback from the State
Highway 4 freeway off ramp to provide for widening of the ramp subject
to review and approval of the Zoning Administrator and the Public
Works Department.
E. Construct the proposed driveway access as shown on the applicant's
site plan providing at least a 20-foot paved private roadway to County
private road standards within a 25-foot access easement, to serve the
property in this development. Portions of this roadway near the State
Highway 4 entrance shall be widened to accept the additional vehicular
traffic including trucks anticipated with the service station to the
east. The roadway area will be widened further where potential
parallel parking may occur.
F. Furnish proof to the Public Works Department, Engineering Services
Division, that legal access to the property is available from Neroly
Road along the common property line between Parcel C and Parcel D of
Subdivision MS 53-84 or some other acceptable location.
G. 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.
H. The property owner shall make a formal written request to the County
for annexation of the subdivision to Drainage Area 290 for the mainte-
nance and operation of the drainage area's drainage facilities. The
subdivision must be annexed to the Drainage Area prior to filing of
the Parcel Map.
I. The application shall provide channelization to restrict right turn
movements from this property to State Highway 4 via the ingress to
this property on State Highway 4. Channelization at the State Highway
4 ingress to this property shall also provide adequate lane width and
turning radii for anticipated truck traffic, including inter-state
trucks, so they will not encroach into other travel lanes when
entering the proposed access.
J. Prior to issuance of building permits file the Parcel Map for
Subdivision MS 102-88. This requirement can be deleted if the appli-
cant decides to not complete MS 102-88.
6.
19. 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.
20. The project sponsor shall require their contractors and subcontractors to
fit all internal combustion engines with mufflers which are in good
condition, and to locate stationary noise-generating equipment such as air
compressors and concrete pumpers as far away from existing residences as
possible.
21. A dust and litter control program shall be submitted for the review and
approval of the Zoning Administrator following review by the Building
Inspection Department. Dust shall be kept down by watering which shall be
accomplished by a watering truck on site or from hydrants on site.
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. A grading permit may be required for the earthwork necessary to
develop all parcels in the above minor subdivision.
2. Submit four (4) copies of plans showing the existing contours, the
extent of the proposed grading, drainage improvements and general site
development.
3. Plans accompanying the application for building permits shall show the
existing contours, the extent of the proposed grading and drainage
improvements, and be reviewed by the Grading Section prior to
issuance.
4. Prior to issuance of building and/or grading permits in above minor
subdivision, a preliminary soil investigation report prepared by a
licensed soil engineer will be required. It shall report on the
ability of the site to support the improvements anticipated, and shall
include recommended foundation designs to achieve maximum stability of
the proposed structures.
B. Public Works Department:
1. 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.
The area of benefit fees are currently $3.41 per square foot of gross
floor area and $380 per residential family dwelling unit,
respectively.
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7.
2. Comply with the drainage fee requirements for Drainage Area 29H as
adopted by the Board of Supervisors. The Drainage Area fee is
currently $11,925 per acre for commercial use.
C. County Health Services Department:
1. Comply with the requirements of the department in regards to any food
establishments and with the design and location of the septic tank and
absorption field.
AB/aa
REZXII/2820-RZC.AB
9/18/89
10/4/89
Revised 10/9/89