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TO: BOARD OF SUPERVISORS �-
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FROM: Harvey E. Bragdon
Director of Community Development COAY
DATE: July 2, 1990
SUBJECT: Hearing on Rezoning Application #2862-RZ to rezone 6 acres of land
from General Agricultural Distrrt (A-2) to Planned Unit District
(P-1) , fronting for approximately 200 feet on the west side of Almond .
Avenue (State Highway 4) , approximately 850 feet north of Laurel
Avenue, in the Oakley area, filed by Ferguson and Wollman (Applicants
and Jacob and Mary Schley (Owners) (APN 035-250-004) .
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 #2862-RZ, along with Development
Plan #3033-89 and Subdivision 7364 with attached conditions,
as recommended by the East County Regional Planning
Commission.
3 . Adopt the East County Regional Planning Commission's findings
as set forth in Resolution No. 35-1990, 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.
CONTINUED ON ATTACHMENT: YES SIGNA 4
RECOMPEENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF COMMITTE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON October 9, 1990 APPROVED AS RECOMMENDED _x OTHER
On October 2 , 1990, the Board of Supervisors deferred to this
date the decision on the recommendation of the East County Regional
Planning. Commission on the request by Ferguson and Wollman
(applicants) and Jacob and Mary Schley (owners) (.2862-RZ) to rezone 6
acres of land from General Agricultural District (A-2) to Planned Unit
District (P-1) , along with Final Development Plan 3033-89 for 22
Single Family units, and for approval of a Tentative Map for
Subdivision 7364 to subdivide 6 acres into 22 lots in the Oakley area.
Supervisor Fanden indicated that the hearing had been closed but
that a card in opposition had been submitted by Julie Linder and
Vivian Silvera for the record.
Supervisor Torlakson commented on the meetings and discussions of
the issues, and a redesign of the project to blend and mitigate the
impacts with the existing neighbors and their lifestyle. He
recommended thorough conditions which had been expanded over what was
originally presented to the Board. He addressed various changes in
conditions 11 and 14 and that the final configuration would be subject.
to review and approval by the Zoning Administrator.
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Supervisor Torlakson moved approval of the project with the
amended conditions.
IT IS BY THE BOARD .ORDERED that recommendations 1, 2 with amended
conditions (Exhibit A attached) , 3 , and 4 are APPROVED; and as in
recommendation 4, Ordinance No. 90-93 is INTRODUCED, reading waived,
and October 16, 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 October 9, 1990
Ferguson and Wollman PHIL BATCHELOR, CLERK OF
Jacob and Mary Schley THE BOARD OF SUPERVISORS
Public Works-Steve WrightCOUN Y ADMINISTRATOR
Assessor
Oakley Fire Protection District gy DEPUTY
AB:plp
2.
EXHIBIT A'
CONDITIONS OF APPROVAL FOR REZONING 2862-RZ
1. This application is approved subject to revised plans dated received October 1, 1990,
by the Community Development Department and subject to the conditions listed
below.
2. Applicant shall submit full size elevations for review and approval of the Zoning
Administrator prior to issuance of building permits. .
3. The number of single family residential units shall not exceed 22. Subject to an
amendment to the final.development plan, second units may be approved as per the
requirements outlined in the County Ordinance on second units.
4. Prior to the issuance of building permits. the applicant shall submit samples of colors
and exterior materiks for review and approval of the Zoning Administrator. The
residences shall be ofteutral color and complementary.
5. Lighted house numbers visible from a public or private roadway are required for each
residence.
6. Prior to issuance of building permits, applicant shall submit landscape plans'for a
typical frontyard prepared in accordance with the County's,Water Conservation polices
and.the Oakley Landscape Guidelines.
7. All frontyard landscaping shall be installed prior to occupancy. Frontyard landscaping
shall be maintained by the applicant until occupancy. Suitable drought tolerant
California native species shall be used as much as possible.
8. Frontyard landscapes shall include a minimum of one 15-gallon street tree along each
street frontage, together with ground cover and shrubbery.
9. Frontyard setbacks shall be.varied subject to the Zoning Administrators review and.
approval.
10. The south property line shall be fenced with a suitable solid wood fence, 6 feet tall,
designed to stand up in the sandy soil. The fence type can be changed if neighbors
are agreeable. The northern side of Clearwood Drive shall be fenced with a cyclone
fence with wood slats and with an upper rail. The extent of the fence shall be subject
to the review and approval of the Public Works Department in regards to required sight
distances at driveways and/or intersections.
11. The property frontage on State Highway 4 shall be properly fenced with a soundwall
and landscaped according to the Oakley Landscape Guidelines.
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EXHIBIT "A"
CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3033-89 AND SUBDIVISION 7364
1. This application is approved subject to conditions listed below. The development plan
and subdivision are approved generally as shown .on the revised plans and tentative
map dated received October 1, 1990.
2. Applicant shall submit full size elevations for review and approval of the Zoning. .
Administrator prior to issuance of building permits. Houses on Lots 3 and 6 shall be
single story; and houses on Lots 12 and 9 shall be single story, or if two stories tall,
the second story windows shall not face to neighboring properties to the north or
south.
3. The number. of single family residential units shall not exceed 22. Subject to an
amendment to the final development plan, second units may be approved as per the
requirements outlined in the County Ordinance on second units. .
4. Prior to the issuance.of building permits, the applicant shall submit.samples of colors
and exterior materials for review and approval of the
Zoning Administrator. The residences shall be of natural color and complementary.
5. Lighted house numbers visible from a public or.private roadway are required for'.each
residence.
6. Prior to issuance of building permits, applicant shall submit landscape plans for a
typical frontyard and for street frontages prepared in accordance with the County's
Water Conservation policies and the Oakley Landscape Guidelines.
. 7. All frontyard and street landscaping shall be installed prior to occupancy. Frontyard
landscaping shall be maintained by the applicant until occupancy. Suitable drought
tolerant California native species shall be used as much as possible.
8. Frontyard landscapes shall include a minimum of one 15-gallon street tree along each
street frontage, together with ground covers and shrubbery.
9. With the filing of the Final Map, Covenants, Conditions and Restrictions(CC&R's).shall
be submitted for review by the Community. Development Department.
10. 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.
11 . 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. The sewer system shall be designed to allow connection
with the property to the south and constructed and located to comply with all
appropriate design standards.
12. 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.
13. The southern 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 any grading on the
site. Mrs. Patterson's driveway to the south may be moved and rebuilt as needed.
14. The 20' cross access easement along the southern perimeter of the site shall be
removed prior to recording the parcel map or site grading. The southern property line
can be moved slightly to accommodate this. The final configuration shall be subject
to review and approval of the Zoning Administrator.
15. 45 days prior to recording a final map, a grading permit, or installation of
improvements or utilities, submit a preliminary geology, soil, and foundation report
meeting the requirements of Subdivision 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 report. Record a statement to run with deeds
to the property acknowledging the report by title, author (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.
16. The report required above shall include evaluation of the potential for liquefaction,
seismic settlement and other types of seismically-induced ground failures based on soil
conditions discovered during subsurface investigation.
17. Street names shall be acceptable to the Community Development Department and the
Oakley Fire District.
18. 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 according to the Bay Area CPI. Furthermore, the
Board of Supervisors shall review the assessment amount and adjust it to a higher level
as conditions 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.
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19. Prior to the issuance of building permits the applicants shall submit a detailed TSM Plan
for review and approval by the Zoning Administrator (unless otherwise required by a
TSM Ordinance).. The approved TSM plan shall be operative prior to final inspection
by the Building Inspection Department.
20. 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 local 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 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."
21. 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. Failure to comply with this condition could lead
to stop work orders for this project.
22. 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. Failure to comply with this condition could lead
to stop work orders for this project.,
23. 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. Failure to comply with this condition could lead to stop
work orders for this project.
24. Where a lot is located within 300 feet of a high voltage electric transmission line the
applicant shall record the following notice:
The subject property may be located near a high voltage electric
transmission line. Purchasers should be aware that there is ongoing
research on possible potential adverse health effects caused by the
exposure 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 basis
for such an hypothesis is established. At this time no risk assessments
have been made.
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25.. 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 State Highway
4. Widening Highway 4 to a 45 foot half width, subject to the review
and approval of the Public Works Department, and contributing a cash
amount to a Road Improvement Fee Trust (Fund No. 819200-0800)
designated for road improvements to Highway 4 consisting of $30,000
for one-fourth ('/4) share of the cost of future signalization and.the cost
of one-half (%s) of a landscaped median along the frontage will satisfy
this requirement..
2. Installing street lights and annexing the property to County Service Area
L-100 for maintenance of the street lights will satisfy this requirement.
The final .number and location of the lights shall be determined by the
County Traffic Engineer.
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.
5.. 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.
6. 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.
7. Installing, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from.public streets.
8. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
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B. Convey to the County, by Offer of Dedication, additional right of way on State
Highway 4 as required for the planned future width of 110. feet.
C. Convey to the County,by Offer of Dedication, right of way for Clearwood Drive
consisting of 44 feet of right of way within 250 feet of Highway 4 and
transitioning to 40 feet through the development. The precise alignment of the
right of way subject to the review and approval of the Public Works
Department. Ten feet of the right of way shall be obtained from the properties
to the north of the site. If,after good faith negotiations, the applicant is unable
to acquire the necessary right of way, he shall enter into an agreement with
the County to complete the necessary improvements at such time as the
County acquires the necessary interests in accordance with Section 66462 and
66462.5 of the Subdivision Map Act.
D. Construct Clearwood Drive as a 28 foot roadway within the 40 foot right of
way and transitioning to a 32 foot width within 200 feet of Highway 4. The .
precise alignment subject to the review and approval of the Public Works
Department. The north side of Clearwood Drive shall be fenced with. a 6' tall
cyclone fence with wood slats subject to the Public Works Department review
and approval of sight distances for driveways and intersections.
E. Until a traffic signal is installed at the intersection of Clearwood Drive and State
Highway 4, signage, striping and other devices as necessary shall be installed,
as approved by the Public Works Department, which shall restrict vehicular
traffic to right turn exits only from Clearwood .Drive.
F. An encroachment permit for construction within the State right of way shall be
obtained from Caltrans through the Public Works Department, Engineering
Services Division.
G. Prevent storm drainage, originating `on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
H. 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.
I. Submit a sketch plan to the Public Works Department, Road Engineering .
Division, for review showing all public road improvements prior to starting work
on the improvement plans. The sketch alignment plan shall be to scale and
show proposed and future curb lines, lane striping details and.lighting. The
sketch alignment plan shall also include adequate information to show that
adequate sight distance has been provided.
J. Prior to issuance of building permits, file the Final Map for Subdivision 7364.
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ADVISORY NOTES
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 prior to issuance of building permits..
2) Grading plans and permits required.
B. Oakley Sanitary District:
1) All construction to comply with the conditions and specifications of the Oakley.
Sanitary District.
2) Payment of all applicable fees as required by Ordinance.
3) Annexation to the Oakley Sanitary District if not within the district boundary.
4) Sewer service is required per Oakley Sanitary District Ordinance. Property is.
within 150 feet of existing sewer.
5). Sewer to new 24"' line in Highway 4.
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. Certain improvements required by the Conditions of Approval for
this development or the County Subdivision Ordinance Code may be 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.
2) The applicant will be required to comply with the drainage fee requirements for
Drainage Area 30A as adopted by the Board of Supervisors. Certain im-
provements required by the Conditions of Approval for this development or the
County Subdivision Ordinance.Code may be 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 November 6,
1989.
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