HomeMy WebLinkAboutMINUTES - 01091990 - 1.30 �• 30rj,,,
TO: BOARD OF SUPERVISORS ,.COntra
FROM: HARVEY E. BRAGDON, C )sta
DIRECTOR OF COMMUNITY DEVELOPMENT C int
DATE: January 8, 1990
SUBJECT: 2842-RZ, 3013-89 and Subdivision 7233
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt findings for Rezoning 2842-RZ, Final Development Plan
_3013-89 and Subdivision 7322. (Exhibit A Attached)
2. Adopt Ordinance giving effect to Rezoning 2842-RZ.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On November 28 , 1989 the Board heard a request by R & J Jensen
Development Co. , Inc. (Applicant) - John and Kittie Jo Ferguson
(Owners-) -Request to rezone from Single Family Residential (R-20) to
-' Planned Unit District (P-1) , Development Plan #3013-89 and
Subdivision 7233 , located at the northerly terminous of Midhill
Road and Marti Marie Road, in the Martinez area and approved the
request. The Board requested the Community Development Department
to prepare the appropriate documentation including CEQA findings.
CONTINUED ON ATTACHMENT: YES SIGNA
7
RECOMMENDATION OF COUN'T'Y ADMINISTRATOR 'RECO ATI OF O COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON January 9, 1990 _ APPROVED AS RECOMMENDED X OTHER
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 (Orig. ) ATTESTED January 9, 1990
R & J Jensen Development PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
John & Kittie Jo Ferguson COUNT ADMINISTRATOR
BY I IVA 10 , DEPUTY
L12: 2842-RZ.bo
MF/df
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, APPROVING THE REQUESTED CHANGE IN
ZONING BY R & J JENSEN DEVELOPMENT CO. , INC. , (APPLICANT) , JOHN L.
& KITTIE JO FERGUSON (OWNERS) , (REZONING #2842-RZ) , FINAL
DEVELOPMENT PLAN #3013-89, AND SUBDIVISION 7322, AND INCORPORATING
FINDINGS.
WHEREAS, a request by R & J Jensen Development Co. , Inc.
(Applicant) , John L. & Kittie Jo Ferguson (Owners) , to rezone 2 . 29
acres of land from Single Family Residential District (R-20) to
Planned Unit District (P-1) , was received by the Community
Development Department on May 17, 1989; and
WHEREAS, simultaneously, the applicant and owner filed a
development plan application (#3013-89) , and tentative subdivision
map (#7322) , to divide 2 .29 acres into seven (7) lots; and
WHEREAS, a Negative Declaration of environmental significance was
posted for this proposal; and
WHEREAS, after notice of the Negative Declaration and of the public
hearing having been lawfully given, a public hearing was scheduled
for the applications before the County Planning Commission on
Tuesday, September 19, 1989; and
WHEREAS, the County Planning Commission on September 19, 1989
denied the referenced applications without prejudice, for reasons
stated in Resolution No. 43-1989, incorporated herein; and
WHEREAS, the Applicant timely appealed the County Planning
Commission denial of September 19, 1989, to the County Board of
Supervisors, by letter dated September 26, 1989; and `'
WHEREAS, the Applicant's appeal was noticed and notice of the
public hearing thereon having been lawfully given, the County Board
of Supervisors heard the appeal on November 28, 1989 ; and
WHEREAS, the Board of Supervisors reviewed and considered all
materials made available to the Board as set forth above and
otherwise, and all oral and written comments with respect to the
rezoning, final development plan, and tentative map, and approved
the request for rezoning, final development and tentative map,
subject to findings and conditions as set forth hereunder.
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NOW, THEREFORE, the Board of Supervisors resolves, finds, and
orders as follows:
Findings in Support of P-1
1. Consistent with County Ordinance Section 84-66. 1406, the Board
of Supervisors is satisfied that:
(a) The applicant intends to start construction within two and
one-half years from the effective date of the zoning change
and plan approval.
(b) The proposed planned unit development is consistent with
the County General Plan. The General Plan designation is
Single Family Residential Medium Density (3-5 dwelling units
per acre) . The project provides for density within such
range.
(c) The residential development will constitute a residential
environment of sustained desirability and stability, and will
be in harmony with the character of the surrounding
neighborhood and community. The maximum number of 7 lots as
shown on the tentative map will ensure that the site is not
crowded, that adequate space between the future homes is
provided, and that the homesites and homes will be comparable
to the surrounding neighborhoods. The project is affected by
special circumstances and conditions, consisting of rolling
hillside topography, the need for review and reduction of
grading, review of lot layout; and design, and the need for
the specific Conditions of Approval set forth herein, all
which can be addressed by development of the site as a planned
unit development rather than by standard zoning. The
development of a harmonious, integrated project, with
opportunity for conditions as required herein, and the
reduction of grading, justifies use of planned unit
development rather than standard zoning.
(d) County Ordinance Code Sections 84-66. 1404 and 84-66. 20
have allowed the Board traditionally to utilize planned unit
development on sites less than 5 acres. Because of the
topography, grading, site review and design review issues
stated above, the County supports the planned unit development
on this site.
2 . With respect to the Subdivision Map Act at Section 66474 :
(a) The proposed map is consistent with the County General
Plan, for the reasons set forth above.
(b) The design/improvement of the proposed subdivision is
consistent with the County General Plan. The project as set
forth in the filed applications and as presented at the public
hearings is harmonious and consistent with the Single Family
Residential Medium Density . designation, providing for
detached, single family homes with adequate spacing, and
conforming to the County ordinance and policies. The proposal
and the stated Conditions of Approval ensure that the
design/improvements remain consistent.
(c) The site is physically suitable for the type of
development. The topography of the site (rolling hillside)
is suitable for the single family detached homes as proposed
and as conditioned by the Conditions of Approval.
(d) The site is physically suitable for the proposed density
of the development. The application plans show that the site
topography can accommodate the 7 lots with the proposed
Conditions of Approval: standard zoning would also accommodate
at least 7 lots.
(e) The design of the subdivision will not cause substantial
environmental damage or injure fish or wildlife or their
habitat. These issues have been addressed as part of the
preparation and issuance of the Negative Declaration of the
project, as referenced above.
(f) The design of the subdivision is not likely to cause
serious public health problems. The design is consistent with
County ordinances regarding public health and safety, and
there has been no showing or evidence of the potential or
existence of serious public health problems.
(g) The design of the subdivision will not conflict with
easements, acquired by the public at large, for access through
or use of, property within the proposed subdivision. All
easement questions have been address/resolved as part of the
approval of the Tentative Map with the specific Conditions of
Approval for the project.
2 . The requirements of the California Environmental Quality Act
(CEQA) with regard to the project rezoning, development plan, and
tentative map, have been addressed. Prior to the hearings on the
project, an initial evaluation was prepared. Each possible
significant effect on the environment was identified and reviewed.
The initial evaluation found that the proposed project could not
have a significant effect on the environment, and stated that a
negative declaration would be prepared. The Notice of Negative
Declaration was prepared and duly noticed, with a review period
from August 11, 1989, to September 11, 1989. The Board approves
the issuance of the negative declaration, and finds that this
project will have no significant impact on the environment.
3 . The applicant shall comply with each of the Conditions of
Approval for Development Plan 3013-89 and Subdivision 7322 ,
attached to the September 12 , 1989 Staff Report for the Planning
Commission, incorporated herein.
1-7
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4 . Aside from the Conditions of Approval referenced above, the
Applicant shall further comply with the following Conditions of
Approval:
A. Chain link type fencing shall be installed along the
northern and southern boundary lines of the project.
B. Wood siding at the front of the houses will also be
utilized on the sides of the houses.
C. House siting will remain substantially as shown on the
approved tentative map, subject to final grading approvals.
D. House elevations shall be substantially as set forth on
the "typical exterior elevations" plans currently on file with
the County.
5. As further findings and reasons in support of the approval of
the project rezoning, development plan, and final map, the Board
hereby incorporates by reference all documents referenced above,
and all written and oral testimony submitted prior to and at the
public hearings for the project.
BE IT FURTHER RESOLVED, that the Board of Supervisors has approved
the Rezoning #2842-RZ, the Tentative Map for Subdivision 7322, and
the Final Development Plan #3013-89, subject to the findings and
conditions stated herein.
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CONDITIONS OF APPROVAL FOR REZONING 2842-RZ, DEVELOPMENT PLAN 3013-89 AND
SUBDIVISION 7322
1. This approval is based upon the development plans and Tentative Map
submitted with the application dated received May 17, 1989.
2. Approval is granted to allow a variance to the 5 acre parcel size required
for P-1 (2 acres) . The variance meets the requirements of Section
26-2.2006 of the County Ordinance Code.
3. This approval shall abandon that portion of the public street dedication of
the existing cul,-de-sac right of way along the south boundary of the
property. With the filing of the Final Subdivision Map and prior to the
County Surveyor certifying the map, any existing utilities or easements
within street area to be abandoned shall be resolved to the satisfaction of
the Public Works Department. That portion extending 160 feet from Midhill
Road as shown on the Tentative Map, shall be retained as a private road
access to the contiguous property to the south.
4. The guide for development and use provisions shall be the Single Family
Residential District R-10.
5. At least 45 days prior to recording a Final Map, issuance of Building
Inspection Department permits, or installation of improvements, submit a
preliminary geology, soil , and foundation report meeting the requirements
of Subdivision Ordinance Section 94-4.410. Improvement, grading, and
building plans shall carry out the recommendations of the report. Record a
statement to run with deeds to the property ackn.ow.l.e.dg.i...ng:..the...,r-epor.t.. by
title, author (firm) , and date, calling attention to report recommenda-
tions, and noting that the report is on file for public review in the
Community Development Department of Contra Costa County.
6. 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.
7. All residence will provide for an address visible from the street, which
may require illumination.
8. Prior to filing a Final Subdivision Map, street names shall be subject to
the review and approval of the Community Development Department.
9. 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 statements:
2.
1) Constructing road improvements along the frontage of Midhill
Road. The Deferral Improvement Agreement executed for Minor
Subdivision 176-76 (82950R238) satisfies this requirement.
2) This property has already been annexed to County Service Area
L-100 for maintenance of street lights.
Additional street lighting is not required.
3) Undergrounding of all utility distribution facilities.
An exception to this requirement is granted for the existing
house on Lot 5.
4) Constructing a paved turnaround at the end of the proposed
private road. Constructing a turnaround near the terminus of
Kittie Lane will satisfy this requirement. If the driveway
adjacent to Parcels 1, 2, and 3 is to serve all of those parcels,
then a turnaround will be required near the terminus of the
driveway.
5) Conveying all storm waters entering or originating within the
subject property, without diversion and within an adequate storm
drainage facility, to a natural watercou.r..se_.,havi ng definable bed
and banks or to an existing adequate storm drainage facility
which conveys the storm waters to a natural watercourse.
6) Designing and constructing storm drainage facilities required by
the Ordinance in compliance with specifications outlined in
Division 914 of the Ordinance and in compliance with design
standards of the Public Works Department.
7) Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
8) 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 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, 10 feet of additional
right of way on Midhill Road as required for the planned future width
of 60 feet.
C. Construct the on-site road system to County private road standards as
shown on the Tentative Map, with the inclusion of necessary
turnarounds-
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3.
D. 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.
E. Prior to issuance of building permits, file the Final Map for
Subdivision 7322.
10. Applicant shall provide a chain link fence along the northerly property
line prior to occupancy of any unit.
11. Landscaping, building sites and project design shall be substantially
similar to plans submitted to the Board of Supervisors on November 28,
1989. The siding shown on the elevations shall be placed on all four sides
of the structures. Modifications shall be subject to the review and
approval of the Zoning Administrator.
12. The following statement shall be recorded at the County Recorder's Office
for each parcel to notify future owners of the parcels that they own
property in an agricultural area:
"This document shall serve as notification that you have purchased land in
an agricultural area where you may regularly find farm equipment using
local roads; farm equipment causing dust; crop dusting and spraying
occurring regularly; burning associated with agricultural activities; noise
associated with farm equipment and aerial crop dusting and certain animals
and flies may exist on surrounding properties. This statement 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. House elevations shall be substantially as set forth on the "typical
exterior elevations" plans currently on file with the County.
ADVISORY NOTES
A. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit as
adopted by the Board of Supervisors.
Currently the fee for the Martinez region of the County is $2,300 for each
added single family residence.
B. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 57 as adopted by the Board of Supervisors.
MORD
4.
C. Comply with the requirements of the Contra Costa County Fire Protection
District.
BT/aa
RZXII/3013-89C.BT
9/1/89
11/29/89
1/3/90
MED
1. 3 Oj
ORDINANCE NO. 89-85
(Re-Zoning Land in the
Martinez Area)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I: Page G-13 of the County's 1978 Zoning Map (Ord. No. 78-93) is
amended by re-zoning the land in the above area shown shaded on the map(s) attached
hereto and incorporated herein (see also Community Development Department File No.
2842-RZ )
FROM: Land Use District R-20 ( SinQle Family Residential )
TO: Land Use District P-1 ( PLanned Unit District )
and the Community Development Director shall change the Zoning Map accordingly,
pursuant to Ordinance Code Sec. 84.2.003.
A-4
I '
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ELD •
SECTION II. EFFECTIVE.DATE. This ordinance becomes effective 30 days after
passage, and within 15 days of passage shall be published once with the names of
supervisors voting for and against it in the Martinez News Gazette a
newspaper published in this County.
January 9, 1990
PASSED on by the following vote:
Supervisor Aye No Absent Abstain
1. T. M. Powers (X ) ( ) ( ) ( )
2. N. C. Fanden (X ) ( ) ( ) ( )
3. R. I. Schroder (X ) ( ) ( ) ( )
4. S. W. McPeak (X ) ( ) ( ) ( )
5. T. Torlakson (X ) ( ) ( ) ( )
ATTEST: Phil llatchclor, County Administrator
and1/�h4a
of �c Boar f SupervisorsI Chairman of the Board
By ° , Dep. (SEAL)
ORDINANCE NO. 89-85
2842-RZ