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TO: BOARD OF SUPERVISORS %`f -= ;.
:FROM: Harvey E. Bragdon,
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Director of CommunityDevelopment
County
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DATE: 27 September 1990
SUBJECT: REZONING: Smith Land & Development Co. (Applicant) - James & Carol
Cox (Owners) ( 2880-RZ) , 5. 8 acres from General Agricult-
ural District (A-2) to Planned Unit District (P-1) , #3001-
90 for 12 residential units and Subdivsion #7454 to divide
5. 8 acres into 12 single family lots - Walnut Creek area.
(S..D. III)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Approve rezoning application 2280-RZ, Smith Land & Development
Co. (Applicant) , James & Carol Cox (Owners) , ( 2880-RZ) , to .
rezone 5. 8 acres
2. Approve Development Plan application #3001-90 with conditions
attached to Resolution No. 46-1990. (Exhibit A attached)
3 . Approve the tentative map for Subdivision #7454 as recommended
by the County Planning Commission to divide 5. 8 acres into 12
single family lots.
4. Adopt the County Planning Commission' s findings as set forth in
its resolution as the basis for your Board' s decision including
environmental review documentation.
5. Introduce the ordinance giving effect to the rezoning; waive
reading and set date for adoption of same.
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COM14ITIE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON October 30. 1990 APPROVED AS RECOMMENDED OTHER
This is 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 Schroder, IT IS BY THE BOARD -ORDERED that
recommendations 1, 2, 3, 4, and 5 are APPROVED; and as in recommendation 5,
Ordinance No. 90-104 is INTRODUCED, reading waived, and November 6, 1990
is set for 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 October 30, 1990
County Counsel PHIL BATCHELOR, CLERK OF
Public Works-Tom Dudziak THE BOARD OF SUPERVISORS
Assessor UY
Contra Costa Fire Protection District ADMINISTRATOR
James & Carol Cox ByF1,17CAO
. DEPUTY
Smith Land & Development Co.
CONDITIONS OF APPROVAL FOR PRELIMINARY DEVELOPMENT PLAN 2880-RZ FINAL
DEVELOPMENT PLAN 3001-90 AND TENTATIVE SUBDIVISION MAP 7454
1. This approval is based upon the Preliminary/Final Development Plan, Vesting Tentative
Subdivision Map submitted with the applications dated received January 10, 1990.
2. The guide for development shall be the Single Family Residential (R-15) District,
subject to the Zoning Administrator's review and approval at the time of issuance of
building permits, having a minimum 5 foot sideyard and not less than 20 feet between
buildings.
3. A riding and hiking trail shall be constructed along the west boundary within a trail
easement dedicated for public use per the requirements of the City of Walnut Creek
and subject to review and approval by the Zoning Administrator with the filing of the
Final.Map, including fencing.
A. The purchasers of lots in this subdivision shall be advised of the potential
nuisances which may be associated with the horse trail facilities in the area
through the Covenants, Conditions and Restrictions of this development.
Copies of the Covenants, Conditions and Restrictions for this development will
be submitted for the review and approval of the Zoning Administrator prior to
recording of the final maps.
4. The developer shall assure annexation of the site to the Contra Costa Water District
and the Central Contra Costa Sanitary District, and that water and sewer facilities will
be available prior to issuance of building permits.
A. Comply with the Contra Costa Ordinance pertaining to Water Conversation.
Compliance with the Water Conservation Ordinance shall .be designed to
encourage low-flow water devices and other interior and exterior water
conservation techniques.
5. The applicant shall develop, in conjunction with the County Building Inspection
Department, a program to minimize erosion and dust resulting from the grading
operations. The grading permit shall limit grading operations to the hours from 7:00
A.M. to 5:00 P.M. on weekdays only. No grading will be permitted on weekends
except for emergency situations when approved by the Building Inspection
Department.
6. Hours of exterior or interior house construction that creates significant noise shall be
limited to 7:00 A.M. to 5:00 P.M., Monday through Friday, except national holidays.
All construction and transportation equipment shall be muffled in accordance with
State and Federal requirements.
7. 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.
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2.
8. All homes shall have house numbers that are easily seen from the street which may
require illumination.
9. To provide for additional fire protection, all residential units in Subdivision #7454,shall
have fire retardant roofs, per the requirements of the Contra Costa County
Consolidated Fire Protection District.
10. 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) Installing street lights, and annexing the property to County Service
Area L-100 for maintenance of the street lights. The final number and
location of the lights shall be determined by the county traffic engineer.
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.
4) 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.
5) 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.
6) Installing, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
7) Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
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3.
B. Construct the on-site road to County public road standards with the exception
of sidewalks, as shown on the Vesting Tentative Map, and convey to the
County, by Offer of Dedication,the corresponding right-of-way, as shown n the
Vesting Tentative Map.
C. 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.
D. Mitigate the impact of stormwater run-off from this development on the
inadequate downstream reaches of Pine Creek by contributing a drainage fee
of $295 per acre to the County Drainage Deficiency Fee Trust (Fund No.
812100-0800) designated for improvements to Pine Creek.
ADVISORY NOTES
A. This development will be subject to the requirements of the Bridge/Thoroughfare Fee
Ordinance for the Countywide Area of Benefit as adopted by the Board of Supervisors.
Currently, the site is located within the Marsh Creek Region of the Countywide Area
of Benefit. However, traffic from the site will flow directly into the Central Region.
Prior to the filing of the Final Map and/or issuance of building permits, the County staff
will take action which will transfer the site into the Central Region and will subject the
development to the Central Region fee. The monies collected will be placed in a
County trust fund to be used for Measure "C" projects in the Central Region.
B. The Park Dedication Fee which is required to be paid pursuant to County Ordinance
shall be paid at the time the first building permits are issued for construction of homes
on the site. At the request of the City of Walnut Creek, the County will make these
fees available to the City for the purpose of developing the proposed Arbolado Park.
C. Comply with the requirements of the Contra Costa County Consolidated Fire Protection
District. See attached.
BT/aa/lh/jn
RZ/XIII/2880-RZ.BT
PC 7/10/90
7/10/90
7/24/90-PCREV(v)
10/29/90(a)
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