HomeMy WebLinkAboutMINUTES - 11271990 - H.11 H. 11
TO: BOARD OF SUPERVISORS. / Contra
.`��_-_ -
FROM: Harvey E. Bragdon '�`_ Costa�J
Director of Community Development >;
DATE: October 9, 1990
SUBJECT: Hearing on Rezoning Application 12725-RZ to rezone 19. 03+acres from
General Agricultural District (A-2) to Planned Unit District (P-1) ,
fronting on the west side of Brown Road, 750 feet south of the
intersection with Laurel Road, in the Oakley area, filed by Bellecci
and Associates (Applicant) and Yianni Michaelides, et al (Owner) (APN
034-010-010 and 034-020-005) .
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(s) is BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental .documentation prepared for this
project as being adequate.
2 . Approved Rezoning Application 12725, along with Development
Plan #3032-87 and Subdivision 6941, 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. 55-1990 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.
44100�
CONTINUED ON ATTACHMENT: YES SIGNA
RECOPDUWDATION OF COUNTY ADMINISTRATOR RECO OF COMMITTE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON November 27, 1990 APPROVED AS RECOMMENDED X OTHER
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 Bellecci and Associates
(applicant) and Yianni Michaelides et al (owner) ( 2725-RZ) to rezone
19. 03 acres of land from General Agricultural (A-2 ) to Planned Unit
District (P-1) , for approval of Final Development Plan 3032-87 to
construct 44 single family residences, and for approval of vesting
tentative map to divide 19. 03 + acres ( 14. 5 acres net) into 44 single
family. lots (Subdivision 6941) in the Oakley area.
Karl Wandry, Community Development Department, presented the
staff report on the proposed project, describing the site location,
commenting on the Planning Commission vote, and the staff
recommendation that the Board accept the environmental documentation
as adequate, approve the Rezoning 2725-RZ, Final Development Plan
3032-87 and Subdivision 6941 , adopt the East County Planning
Commission's recommendations, introduce 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
issues including the park dedcation fee.
1.
C I
t a
Rich Lierly, Public Works Department, responded to questions from
Supervisor Torlakson relative to adjacent projects that could be
co-funders of road improvements in this particular 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 into the conditions of approval'.
Mr. Wandry responded to Supervisor Torlakson' s inquiry.
The public hearing was closed.
Supervisor Torlakson moved approval with the condition that the
additional park fees would apply if the Board adopts an increase in
the fees on December 11, 1990 .
The motion died for lack of a second.
Supervisor Powers moved approval of the project.
Supervisor Schroder seconded the motion.
IT IS BY THE BOARD ORDERED that recommendations 1 , 2, 3 , and 4
are APPROVED; and as in recommendation 4 , Ordinance No. 90-110 is
INTRODUCED, reading waived, and December 11 , 1990 is set for adoption
of same.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: I, III, II NOES:, V ACTION TAKEN AND ENTERED ON THE
ABSENT: IV ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development Dept. ATTESTED November 27 , 1990
Bellecci & Assoc.. PHIL BATCHELOR, CLERK OF
Yianni Michaelides, - et al THE BOARD OF SUPERVISORS
Public Works-Joan Rushton CLA7 COUNT ADMINISTRATOR
Assessor
Oakley Fire Protection District BY 4 IA" 0 ° DEPUTY
AB:plp/EC-RES
2725-RZ.BO
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR REZONING 2725-RZ SUBDIVISION 6941 AND FINAL
DEVELOPMENT PLAN 3032-87
1. The request to subdivide the 19.03±acre parcel is approved for a maximum of 44 lots
subject to the Vesting Tentative Map dated received by the Community Development
Department on July 27, 1990. The following conditions require compliance prior to
filing of the Final Map unless otherwise indicated. Uses shall conform to those allowed
in the R-15 zoning district.
2. 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 14 of the
units shall have residences setback the minimum required by R-15 zoning plus
7 feet.
B. At least 11 of the lots shall have residences with side entry garages.
C. Each residence shall have lighted house numbers, visible from a public or
private road.
3. 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 guidelines.
B. A minimum of one 15-gallon street tree for each lot.
C. Fence design and locations shall be shown on the plans (concrete pillar and
wood inserts along Brown Road).
D. This landscape plan shall be implemented or bonded by the applicant prior to
occupancy.
E. All landscaping shall be maintained by the applicant until occupancy.
4. On the provision of police services, the applicant agrees to vote their property into a
"special tax area" for police services.
5. Provide for a child care facility in conformance with Chapter 82-22, "Child Care
Facilities", of the County Code.
6. The applicant shall show proof that water and sewage service is available prior to
recording the Parcel Map.
7. 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 anagricultural
area:
"This document shall serve as notificationthat 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."
S. 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.
9. R-15 zoning regulations shall apply for all future structures or development within this
subdivision unless expressly shown as an exception on the revised final development
plan.
10. At least.sixty (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.
11. In the event that this project (Subdivision 6941 and Development Plan 3032-87) is
restricted by a declaration of covenants, conditions and restrictions (CC&R's), they
must receive prior approval of the Community Development Department, meet
applicable-regulations of the California State Real Estate Commissioner and provide for
an Architectural and Maintenance Committee to administer and enforce them (the
applicant would be required to deposit with said committee funds to be used for
enforcement of the CC&R's. .
2
12. 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"Brown Road.
Constructing curb, 4-foot 6-inch sidewalk (width measured from curb
face), longitudinal and transverse drainage, and necessary pavement
widening, as shown on the Vesting Tentative Map, along the frontage
will satisfy this requirement. Brown Road will not be accepted by the
County until it has been widened to a minimum of 28 feet. 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.
2. 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.
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. All storm drain improvements shall be
subject to review and approval of the Flood Control District.
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.
3
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 Brown
.Road as required for the planned future width of 60 feet.
C. Relinquish abutter's rights of access along Brown Road with the exception of
the access road..
D. Construct the on-site road system to County public road standards as shown
on the Vesting Tentative Map and convey to the County, by Offer of
Dedication, the corresponding right-of-way as shown on the Vesting Tentative
Map.
E. Construct or ensure the construction of Brown Road from Laurel Road to the
southerly boundary of Subdivision 6941 as a 28-foot wide paved road in a 40-
foot dedicated right of way.
F. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
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. Install landscaping on Brown Road and apply to the Public Works Departmetn
for anenxation to the County landscaping District AD 1979-3 (LL-2) for the
future maintenance of the landscaping and irrigation facilities.
I. Prior to issuance of building permits, file the Final Subdivision Map for
Subdivision 6941.
J. This property shall annex to Drainage Area 300 to provide for the maintenance
of the Drainage Area 30A drainage improvements.
K. Construct a gravel ramp sprayed with liquid asphalt at the intersection of Brown
Road and Holmes Road and Kay Lane.
4
L. Construct the extension of Brown Road from the southerly boundary of
Subdivision 6941 to Carpenter Road as a 28 foot paved road. It is the intent
at this time that the County will enter into an agreement with the applicant to
condition the future development of the property to the south that fronts on
Brown Road to reimburse the applicant for the cost of these road
improvements. The properties on the east side of Brown Road, between Kay
Lane and Carpenter Road, shall provide the reimbursement for the pavement
east of the centerline and the property on the west side of Brown Road shall
provide the reimbursement for the pavement on the west side of Brown Road.
The reimbursement costs shall be reviewed and approved by the Public Works
Department, Road Engineering Division.
M. An exception to collect and convey is allowed for the southerly 200 feet of
Brown Road providing the existing drainage pattern is not changed.
N. Extend frontage improvements along the Brown Avenue frontage of this
property and along the area noted as detension 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).
13. 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.
14. 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.
15. 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.
16. A dust and litter contol 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.
5
r
17. Where a tot 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 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 the requirements of the Oakley Sanitary District (see attached).
D. Comply with the requirements of the Oakley Fire Protection District (see attached).
E. Comply with the requirements of the Health Services Department, Environmental
Health Division.
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 Agency 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.
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.
6
J. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 30A as adopted by the Board of Supervisors.
W/}n
sub20:6941 c.ms
9/27/90
10/1/90
10/10/90
10/19190
11127190
l
7
ON S a
P.O. Box 207
Oakley, CA 94561
July 18 , 1990
Contra Costa county
Community Development Department
651. Pine Street, 4th Floor, North Wing
Martinez, CA 94553
ATTN: Debbie Drennan
SUBJECT: Subdivision 6941
Brown Road, S/o Laurel Avenue
Oakley, CA
Dear Ms. Drennan:
We have reviewed the Application for a Subdivision, dated July 5 ,
1990, for the subject project. The development is to consist of
a forty-eight (48) lot single-family subdivision.
This project is regulated in part by codes and ordinances
administered by this Fire District relative to Contra Costa
County ordinance 89-71. If approved by your office, we request
that the following be included as Conditions of Approval :
STANDARD CONDITIONS:
1. The developer shall be required to contribute Fire
Facility Fees to mitigate operational costs associated
with increased service demands throughout the Fire
District, Fire Facility Fees are currently set at the
rate of $480. 00 per individual residential dwelling unit.
The developer shall pay all required Fire Facility Fees
prior to the issuance of any building permit.
2 . The developer shall provide an adequate and reliable
water supply for fire protection with a minimum fire flow
of 1, 500 GPM. Required fire flow shall be delivered from
not more than two (2) hydrants flowing simultaneously
while maintaining 20 pounds residual pressure in the
main. [ 10. 301 (c) UFC:
3 . The developer shall provide fire hydrants of the East Bay
type, as specified by the Fire District (and City
Engineering Department) . Location of hydrants will be
determined by the Fire District upon submittal of two (2 )
copies of a tentative map or site plan.
[ 10. 301 (c) UFC)
4 . The developer shall provide access roadways with
all-weather driving surfaces of not less than 20 feet of
unobstructed width, and not less than 131 - 619 of vertical
clearance, to within 150 feet of all portions of the
exterior walls of every building. Access roads shall not
exceed 20% grade, shall have a minimum outside turning
radius of 42 feet, and must be capable of supporting the
imposed loads of fire apparatus (20 tons) . ( 10. 207 (a) UFC',
C.C.Co. Com. Dev. Dept.
DD7-18
July 18, 1990.
Page 2
5. Dead-end fire department access roads in excess of 150
feet long shall be provided with approved provisions -or
the turning around of fire department apparatus.
[10. 207 (a) UFC]
6. Access roads and hydrants shall be installed and in
service prior to combustible construction.
( 10. 301 (d) UFC]
7. The developer shall provide illuminated addressing
located on all buildings in such a manner as to be
plainly visible and . legible from the street or road
fronting the property. [ 10. 208 UFC;
8 . The developer shall maintain Open Space areas in
accordance with the minimum- weed- abatement requirements
of the Fire District.
[88 . 104 UFC]
9. The owner/developer shall apply to the Fire District -for
any permits which may be necessary to comply with Fire
Code -requirements .
( 4 . 101 UFC
It is requested that a copy of the completed Conditions of
Approval for the subject project be forwarded to this office when
compiled and adopted by the planning agency.
If you have any questions regarding this review, please contact
the undersigned at (415) 757-1303.
Sincerely,
JOE TOVAR
Fire Chief
By:
NY L. HOOVER i
Fire Inspector
JT:TLH:ap
cc: Yianni & Jean Michaelidis
File (WS-90-6941-PD)
FAX OAKLEY SANITARY DISTRICT Telephor,
(415) 625-0169 3775 Main Street,Suite E - P.O. Box 1105 Oakley, CA 94561 (415) 625.21
;7-
Community Development Department
County Administration Building
651 Pine Street, 4th Floor, N. Wing
Martinez, CA 94553-0095
Project Planner
-47
County File No. 9 /g7_�Z 5
The Oakley Sanitary District has the following comments relating
to this project. Oakley Sanitary District will provide sewer
service
rvice to this project subject to capacity available in the
collection system and treatment plant at the time of issue of the
building permit and subject to the following marked conditions.
1. All construction ' to comply with the conditions and
specifications of the Oa}:ley 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. IN -D1157Z)C-r A-r
4 . No Comment. Sewer service not requested or required.
5. Sewer service is required per Oakley Sanitary District
ordinance. Property is within 150 feet of existing
sewer.
6. Other: pf
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istrict Engineer
OAKLEY SANITARY DISTRICT
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cc: file