HomeMy WebLinkAboutMINUTES - 11271990 - H.10 H. 10
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TO: BOARD OF SUPERVISORS COntl"d
Costa
FROM: Harvey E. Bragdon (J�" �`�'
Director of Community. Development
DATE: October 9, 1990
SUBJECT: Hearing on Rezoning Application 12721-RZ to rezone 59 acres from
General Agricultural District (A-2) to Planned Unit District (P-1) ,
located on four .irregularly shaped parcels with frontage on Laurel
Avenue, Brown -Road and Carpenter Road, in the Oakley area, filed by
Lawrie Development Company (Applicant) and Camray Development and
Construction Company and Audrey Smith (Owners) (APN 034-010-006, 007,
009 and 034-020-006) .
SPECIFIC REQUEST(S) OR RECOMKENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2 . Approved Rezoning Application #2721-RZ, along with Development
Plan #3028-87 and Subdivision 6845, as recommended by the East
County Regional Planning Commission, including attached
conditions.
3 . Adopt the East County Regional Planning Commission's findings
as set forth in Resolution No. 64-1990 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 SIGNATURE•
RECOMII+ENDATION OF COUNTY ADIrIINISTRATOR RECOMMEND I N OF Bfty COMMIITTE
APPROVE OTHER.
SIGNATURE(S) :
.ACTION OF BOARD ON November 27, 1990 APPROVED AS RECOMMENDED _x OTHER x
On October 30, 1990 , the Board of Supervisors continued to this
date the hearing on the recommendation of the East County Regional
Planning Commission on the request of Lawrie Development Company
(applicant) and Camray Development and Construction Company and Audrey
Smith (owner) ( 2721-RZ) to rezone 59 acres from General Agricultural
(A-2 ) to Planned Unit District (P-1) , for approval of Final
Development Plan 3028-87 to construct 145 single family residences,
and for approval of a vesting tentative map to divide 59 acres ( 48 . 5
acres net) into 145 single family lots and two park sites ( Subdivision
6845) in the Oakley area.
Karl Wandry, Community Development Department, presented the
staff report on the proposed project, describing the site location,
the Planning Commission vote and the staff recommendation that the
Board accept the environmental documentation as adequate, approve
Rezoning 2721-RZ, Development Plan #3028-87 and Subdivision 6845,
adopt the East County Planning Commission' s recommendation, intoduce
the ordinance, waive reading and set a date for adoption of same.
The public hearing was opened and the following person appeared
to speak:
Frank Bellecci, Bellecci and Associates, applicant, commented on
various issues including the park land dedication fee and the amount
of land being donated for a park exceeding the required fee, and he
commented on proposed changes to the conditions of approval.
1.
Rich Lierlyl Public Works Department, responded to questions from
Supervisor Torlakson relative to adjacent projects that could be
co-funders of road improvements in this area.
The Board, the applicant and the staff discussed the various road
and frontage improvements.
Supervisor Torlakson inquired as to whether the conditions of
Oakley Municipal Advisory Commission and the Planning Commission were
incorporated in the conditions of approval.
Mr. Wandry responded to Supervisor Torlakson' s question.
The public hearing was closed.
Supervisor Torlakson commented that the road and frontage
improvements should both be fullfilled and not waived, and requested
clarification from staff on the requested changes in the conditions of
approval.
Mr. Wandry responded to Supervisor Torlakson' s request.
Supervisor Torlakson moved approval of the staff recommendations
with a modification on condition 14 that after review with County
Counsel, the word association or committee might be considered.
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. 90-109 giving effect to the rezoning
is INTRODUCED, reading waived, and December 11, 1990 is set for
adoption of, same.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT IV 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 27, 1990
Lawrie Development Co. PHIL BATCHELOR, CLERK OF
Camray Development and THE BOARD OF SUPERVISORS
Construction Co. D CO ADMINISTRATOR
Audrey Smith 0
Public Works BY—4W7 DEPUTY
Assessor
Oakley Fire Protection District
ME:plp/EC-RES2
2721-RZ.BO
CONDITIONS OF APPROVAL FOR REZONING 2721-RZ, SUBDIVISION 6845 AND
DEVELOPMENT PLAN 3028-87
1. This application is approved subject to property rezoned from A-2 to P-1 .
2. The request to subdivide the 59-acre parcel is approved for a maximum of 145 lots
subject to the vesting tentative map dated received by the Community Development
Department on August 24, 1990. The following conditions require compliance prior
to filing of the Final Map. Uses on the lots of this development shall use the R-15
zoning district as a guide.
3. Submit a revised final development plan showing proposed housing units, floor plans,
exterior elevations, finish and color of materials and staggered setbacks.
A. Front yard setbacks for future residences shall be staggered. At least 44 of the
units shall have residences setback the minimum required by R-15 zoning plus
7 feet.
B. At least 37 of the units shall have residences with side entry garages.
C. Each residence shall have lighted house numbers, visible from a public or
private road.
4. Submit a landscaping plan for review and approval of the Zoning Administrator in
conformance with the County's water conservation policies. The plan shall include:
A. Landscaping along all street setbacks and each front yard. Landscaping shall
conform to the Oakley landscape lines.
B. A minimum of one 15-gallon street tree for each lot.
C. Fence design and locations shall be shown on the plans and subject to the
review and approval of the Zoning Administrator. Fencing shall be design to
stand up in the sandy soil. A suitable masonry wall, or wall and fence, shall be
installed along Laurel Road. Wall shall alleviate noise conditions on Laurel Road.
D. This landscaping plan shall be implemented or bonded prior to occupancy.
E. All landscaping shall be maintained by the applicant until occupancy or, in the
case of the common areas/park sites, until annexation to a Landscape Lighting
District or Park District. The applicant shall be required to annex into either
district when they are formed. New owners shall be notified that this property
is within a landscaping and lighting district and/or a park district.
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5. The applicant shall dedicate parklands for the public park generally shown on the
vesting tentative map. The northeasterly park shall be used in conjunction with a flood
control detention basin. The exact dimension of the parks shall be subject to the
approval of the Public Works Department and the Community Development
Department.
6. On the provision of police services, the applicant agrees to vote their property into a
"special tax area" for police services.
7. Provide for a child care facility in conformance with Chapter 82-22, "Child Care
Facilities" of the County Code.
8. The applicant shall submit a traffic study with recommendations to mitigate the Level
of Service (LOS) impacts to comply with the requirements of the growth management
plan (Measure C). The report shall verify that developer fees shall be sufficient to
construct the necessary improvements.
9. The applicant shall show proof that water and sewage service is available prior to
recording the Final Map.
10. 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."
11 . 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 Archaeologists (SOPA) has had an
opportunity to evaluate the significance of the find and suggest appropriate
mitigation(s), if deemed necessary.
12. R-15 zoning regulations shall apply for all future structures on development within this
subdivision unless expressly shown as an exception on the revised final development
plan.
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13. At least 60 days prior to issuance of grading or building permits, and prior to filing a
Final Map, submit a preliminary geology, soil, and foundation report for review and
approval of the Planning Geologist. The report shall evaluate the potential for
damaging earthquake-induced liquefaction or settlement of structures, roads, utilities
or other improvements. Grading and building plans shall implement recommendations
of the approved report. Final Map shall cite the approved report.
14. This project (Subdivision 6845 and Development Plan 3028-87) shall be restricted by
a declaration of covenants, conditions and restrictions (CC&R's) receiving the prior
approval of the Community Development Department and the County Counsel,meeting
applicable regulations of the California State Real Estate Commissioner and providing
for the association or an Architectural and Maintenance Committee of the association
to administer and enforce them. The CC&R's shall contain at least the following
provisions.
A. A statement that the entire project and properties shall be subject to all of the
conditions and restrictions contained within the resolution(s) adopted by the
Board of Supervisors which approve the tentative subdivision map, final
development plan and rezoning. Also, a statement that the project will be
subject to all of the conditions and restrictions contained in any accompanying
approved development or site plans, elevations and landscape plans.
B. A statement that the Committee shall have the power and duty to maintain,
repair, replace, restore, operate and manage all (if any) common areas and
facilities, improvements, equip1ment and landscaping in substantial compliance
with the aforesaid approvals for the project.
C. A statement that any new construction, reconstruction or exterior modification
shall conform to the requirements of Contra Costa County.
D. A statement substantially in the following form:
"The County of Contra Costa (or any city successor in interest)
is hereby given the supervisory jurisdiction over the enforcement
of the provisions of this declaration dealing with maintenance,
cleanliness, and repair of any common areas and exterior
appearance of the project. . In the event of a breach of any duty
pertaining to such maintenance, cleanliness, repair or exterior
appearance,the County of Contra Costa may give written notice
of such breach to the Association, together with a demand upon
the Association to remedy such breach. If the Association
refuses to do so, or fails to take appropriate action within 30
days of the receipt of such notice, the County of Contra Costa
shall have standing and the right (but not the obligation) to bring
an action in a court of proper jurisdiction to enforce the
provisions of this declaration. Should the County prevail in any
such litigation, the Association shall be liable for an pay to the
County its costs (including attorney's fees and all other involved
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• County staff time). Nothing contained herein shall limit any other
right or remedy which the County may exercise by virtue of
authority contained in ordinance or State law.
E. A statement in the CC&R's providing authority for Association to collect the
costs from the owners of the property within said project of any required
maintenance, enforcement of the CC&R's or to reimburse the County for
enforcement.
F. To the extent possible, the applicant shall provide to and deposit with the
Architectural and Maintenance Committee, at the time the majority of its
governing directors are elected by resident homeowners, the sum of $10,000
which will be restricted to being used to fund enforcement of these CC&R's by
said association.
G. The form and legal status of the Association or Committee shall be subject to
County Counsel approval.
15. The following requirements pertaining to drainage, road, and utility improvements will
require the review and approval of the Public Works Department:
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 Laurel Road,
Brown Road, and Carpenter Road. Constructing frontage improvements
to County public road standards, as shown on the Vesting Tentative
Map, will satisfy this requirement.
2. Installing street lights on the subdivision streets and on Carpenter,
Brown and Laurel Roads, 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.
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. Compliance with this requirement will
require the construction of portions of Drainage Area 30A planned
drainage facilities or alternative storm drain improvements subject to
review and approval of the Flood Control District.
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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. Verifying that all finished floor elevations are above the 100-year flood
elevation.
7. Installing, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
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.
9. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
B. Convey to the County, by Offer of Dedication, additional right of way on Laurel
Road, Brown Road, and Carpenter Road as required for the planned future
widths and observe a 28-foot building setback from the widened Laurel Road
right of way line.
C. Relinquish abutter's rights of access along Laurel Road and Carpenter Road with
the exception of the access roads.
D. Construct the on-site road system to County public road standards and convey
to the County, by Offer of Dedication, the corresponding right of way, as
shown on the Vesting Tentative Map.
E. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner,'from draining across the sidewalks and driveways.
F. Apply to the Public Works Department for annexation to the County
Landscaping District AD 1979-3 (LL-2) for the future maintenance of
landscaping and irrigation facilities in median islands, parkways and other areas
("open space" is specifically excluded). New owners shall be notified by deed
notification that the subject property is within a lighting and landscaping
district.
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.
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H. 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.
I. Prior to issuance of building permits, file the Final Map for Subdivision 6845.
J. Extend frontage improvements along the full Laurel Road frontage of this
property and extending to Brown Avenue without a break. The improvements
shall include reconstruction of Laurel Road subject to the review of the Public
Works Department, Road Engineering Division, and the review and approval of
the Zoning Administrator. The Laurel Road improvements shall be constructed
on the north side of the right of way and the southerly half of the right of way
shall be graded, drained and landscaped. The improvements shall include the
offsite area noted on the Vesting Tentative Map as child care facility and the
area noted as Detention Basin. The Laurel Road improvements shall include
landscaping and irrigation of the median and parkway areas. The full 1 10-foot
right of way shall be taken from this side of the Contra Costa Canal right of
way. In the vicinity of the Contra Costa Canal right of way the applicant shall
observe a 36-foot structure setback. A 28-foot structure setback shall be
observed where additional right of way may be obtained from the property to
the north.
K. Extend frontage improvements along the Brown Avenue frontage of this
property and along the area noted as detention basin and park. Brown Avenue
shall include a separated 10-foot equestrian/pedestrian trail along the east side
of the road. The applicant shall dedicate a 40-foot half width for the future 70-
foot right of way (30-foot half width on the east side).
L. Carpenter Road shall be reconstructed due to inadequate alignment. The
improvements shall be subject to the review of the Public Works Department,
Road Engineering Division, and the review and approval of the Zoning
Administrator.
M. Apply to the Public Works Department for annexation of the property to
Drainage Area 300 for the maintenance and operation of the drainage area
facilities.
16. Prior to the issuance of building permits, the applicant 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.
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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. Failure to comply with this condition could lead
to stop work orders for this project.
18. The project sponsor shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers which are in good condition, and 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.
19. 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.
20. 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.
ADVISORY NOTES
A. The applicant/owner should be aware of the renewing requirements prior to recording
the Parcel Map or requesting building or grading permits.
B. Applicant shall comply with the Park Dedication Fee Ordinance.
C. Comply with requirements of the Oakley Sanitary District (see attached).
D. Comply with requirements of the Oakley Fire Protection District (see attached).
E. Comply with the requirements of the Health Services Department, Environmental
Health Division.
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F. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
G. Comply with the School Impact Fee requirements of the Oakley Union School District
and the Liberty Union High School District.
H. The project lies within the 100-year flood boundary as designated on the Federal
Emergency Flood Rate Maps. The applicant should be aware of the requirements of
the Federal Flood Insurance Program and the County Flood Plain Management
Ordinance (Ordinance No. 87-65) as they pertain to future construction of any
structures on this property.
I. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 30A 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.
J. 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.
ME/ASA/in
subl9:6845c.me
10/3/90
10/10/90
10/19/90
11/27/90 (bos)
12/10/91
1/8/92 at
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