HomeMy WebLinkAboutMINUTES - 11271990 - H.16 +H. 16
TO: w BOARD OF SUPERVISORS :;'`ice � .' Con
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Costa
FROM: Harvey E. Bragdon
Director of Community Development Couly
DATE: October 9, 1990
SUBJECT: Hearing on Rezoning Application #2867-RZ to rezone 18. 3 acres of land
from Heavy Agricultural District (A-3) to Planned Unit District (P-1)
located at the northern terminus of Malicoat Avenue, in the Oakley
area, filed by Bellecci and Associates (Applicant) and Roy Cunha, et
al (Owners) (APN 033-060-003) .
SPECIFIC REQUEST(S) OR RECOMWENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Approved Rezoning Application #2867-RZ, along with Development
Plan #3026-90 and Subdivision 7396, 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. 65-1990 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 J/1
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO T O ARD COMMIZTE
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 Bellecci and Associates
(applicant) and Roy Cunha, et al (owner) ( 2867-RZ) to rezone 18. 3
acres of land from Heavy Agricultural District (A-3 ) Yto Planned Unit
District (P-1) and preliminary development plan approval, for approval
of a Final Development Plan #3026-90 for 43 lots, and approval to
divide an 18. 3 acre site into 43 lots (Subdivision 7396 ) in the Oakley
area.
Karl wandry, Community Development Department, presented the
staff report on the requested project, describing the proposed site,
the Planning Commission recommendation and he advised of the staff
recommendation that the Board accept the environmental documentation
as adequate, approve rezoning request 2867-RZ, the preliminary
development plan, Final Development Plan 3026-90 and Subdivision 7396
with the conditions before the Board today, adopt the .East County
Regional Planning Commission' s findings, introduce the ordinance,
waive reading and set a date for adoption.
The public hearing was opened and the following persons appeared
to speak:
Frank Bellecci, Bellecci and Associates, applicant, requested
that the park/staging area be eliminated from the project, and the
project be approved for 43 lots and pay the appropriate fee, and he
requested that on page 7 , item C and J, that there be rewording to
indicate that there is no problem improving Malicoat in conjunction
with the adjacent subdivision, and that Malicoat is a more appropriate
entry to the project. He also indicated a requested change on page 8 ,
item 24, to say Doyle Road shall not be used.
1.
The Board discussed the location and size of proposed parks in
this project and in the Oakley area.
Darylynn Shatting, 3071 Doyle Lane, Oakley, expressed concerns on
issues including the status of Doyle Road, second units, and not
improving Hill Avenue.
Karl Wandry responded to Ms. Shatting' s concerns.
The public hearing was closed.
Supervisor Torlakson discussed with staff the various requested
changes in conditions of approval.
Supervisor Torlakson moved approval of the conditions as staff
recommended with the issue of the implementation of the Hill Avenue
improvements to be worked out with the Public Works Department after
further discussion with other affected property owners, but on
condition J leave open for construction access to the most appropriate
street.
There was no second to the motion.
Supervisor Powers moved approval with a change in conditions to
using Malicoat versus Hill, to close off Doyle Drive and cul de sac it
and authorize the .County to abandon the road easement, eliminate the
second unit language and approve the subdivision either without the
park and an addition of three units and pay the fees or provide the
park and provide an additional three units.
Supervisor Schroder seconded Supervisor Powers ! motion.
The Board discussed the motion.
Supervisor Torlakson suggested the addition of a deferred road
improvement agreement for Hill Avenue.
Supervisor Powers amended his motion to include a deferred
improvement agreement on Hill Avenue.
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. 90-112 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
Bellecci and Associates PHIL BATCHELOR, CLERK OF
Roy Cunha, et al THE BOARD OF SUPERVISORS
Public Works-Joan RushtonCOUN Y ADMINISTRATOR
Assessor
Oakley Fire Protection District BY a , DEPUTY
CONDITIONS OF APPROVAL FOR 2867-RZ. DEVELOPMENT PLAN 3026-90 AND
SUBDIVISION 7396
1 . This approval is based upon revised plans submitted August 15, 1990, for not more
than 43 residential units/lots, subject to the following conditions. Lots 1, 2, and 3 of
the proposed development shall be eliminated and together with the "B" cul-de-sac be
developed for park purposes. Lots 1 , 2, and 3 may be incorporated elsewhere on the
site subject to submittal of a revised tentative map and final development plan subject
to the review and approval of the Zoning Administrator.
2. The guide for development and use provisions shall be the Single Family Residential
District (R-15), except for the large lots at the south of the site which shall, for use
purposes, use the R-40 section for a guide.
Setbacks of residential units shall be varied between 15 and 25 feet. All garages shall
have a setback of at least 20 feet if they face directly on to a street. Applicant shall
demonstrate to the satisfaction of the County Zoning Administrator that design criteria
have been included within the subdivision to generally relieve visual monotony of front
yard appearances. Rear yards of residences shall be at least 15 feet and side yards
shall be at least 10 feet with a total side yard of 20 feet. The R-15 zoning district
shall be used as a guide for building heights and the location of any detached sheds
or garages. The two large lots to the south of the site may have a barn or animal
shelter structure constructed upon them subject to the review and approval of the
Zoning Administrator. Said barn or animal structure shall be set back at least 50 feet
from the street and be kept as small as possible.
3. 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.
4. 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.
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5. 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.
6. At least 45 days prior to recording a Final Map, issuance of 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.
7. The geotechnical report shall include evaluation of the potential for liquefaction,
seismic settlement and other types of seismically-induced ground failures by
recognized methods appropriate to soil conditions discovered during subsurface
investigation.
8. Record a statement to run with deeds to the property acknowledging the geotechnical
report by title, author (firm), and date, calling attention to approved recommendations,
and noting that the report is on file for public review in the Community Development
Department of Contra Costa County.
9. Street names shall be acceptable to the Community Development Department and the
Oakley Fire District.
10. Prior to recording the Final Map for this site, the applicant shall submit a Landscape
Plan conforming to the County's water conservation policies and to the Oakley
Landscape Guidelines.
A. Native, drought-resistant plants shall be used whenever feasible. Landscaping
shall conform to the Oakley landscape guidelines.
B. Landscaping along all street setbacks including the wide strip around the
meandering trail on Hill Avenue. A suitable bridal path will be established on
the south side of Hill Avenue.
C. A minimum of two 15-gallon street trees are to be installed for each lot to be
maintained by the applicant until occupancy of the residence; corner lots shall
have at least six street trees planted. The Zoning Administrator shall review ,
and approve the street tree planting plan. A landscape plan and parks
development plan shall be submitted for the park area at the north side of the
site. Park development and landscaping shall be installed prior to occupancy
of residences in this development.
D. All landscaping, including front yard landscaping, shall be installed or bonded
prior to occupancy on any new residences on the site.
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E. Landscaping shall be maintained bythe applicant until occupancy or annexation
to Landscaping-Lighting District.
F. The south side of the site and the west side north of "B" Court shall be fenced
with a 6-foot tall solid fence with cement pillars or other suitable material (to
hold the fence in the sandy soil) subject to the Zoning Administrator's review
and approval. The required fencing shall be installed prior to issuance of
building permits on the site. The fence along the flood control channel may be
a 6-foot tall cyclone fence with wood slats. The top of the fence shall be
strengthened with materials similar to the support structure.
11 . 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.
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. Provide for a child care facility in conformance with Chapter 82-22, "Child Care
Facilities," of the County Code.
14. The applicant shall show proof that water and sewage service is available prior to
recording the parcel map.
15. 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.
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16. Prior to filing the Final Map, lots with frontages along the Marsh Creek channel shall
have a notice recorded with their deeds of the planned existence of a regional trail for
pedestrian, bicycle, and equestrian use together with the noise and possible nuisances
that the trail may create.
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 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.
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. Prior to recording the Final Map, the applicant shall submit a development plan for the
regional trail along the site's frontage on the Marsh Creek channel. The plan shall be
acceptable to the Contra Costa County Flood Control District and the East Bay
Regional Park District. The applicant shall dedicate, if necessary, right of way along
the channel to the East Bay Regional Park District standards. The section of the trail
along this site's frontage on the Marsh Creek flood control channel shall be
constructed or bonded before occupancy of residences in this development.
21. This project (Subdivision 7396 and Development Plan 3026-90) 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 an Architectural and Maintenance Committee 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.
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B. A statement that the Association shall have the power and duty to maintain,
repair, replace, restore, operate and manage all (if any) common areas and
facilities, improvements, equipment 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
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 $5,600
which will be restricted to being used to fund enforcement of these CC&R's by
said association.
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• 22. 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 . 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. 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.
4. Verifying that all finished floor elevations are above the 100-year flood
elevation.
5. Installing, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
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. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
8. 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 water course. Compliance with this requirement will
require construction of portions of the Drainage Area 30B planned
drainage area improvements or alternative storm drain improvements
subject to review and approval from the Flood Control District.
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B. 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. The road system includes the half-width
"B Street" and the proposed Doyle Court cul-de-sac, as shown on the Vesting
Tentative Map.
C. Construct or ensure the construction of Hill Avenue from the site to State
Highway 4 to a minimum width of 28 feet constructed to County public road
standards. 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 fronting on Hill Avenue to reimburse the applicant for the cost of these
road improvements.
D. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
E. 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).
F. 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.
G. Construct "B" Street as a 28-foot road within a 40-foot right of way to be
widened to a 36-foot road within a 56-foot right of way in the future.
H. The applicant shall annex this property to Drainage Area 300 for the
maintenance of the drainage area facilities.
I. Entrance to the park area (Lots 1, 2, 3) shall be subject to the review and
approval of the Public Works Department and the Community Development
Department.
23. 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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24. Doyle Road shall not be used as access to the site. The applicant shall request that
the public access easement between the Doyle Road cul-de-sac and Hill Avenue be
downgraded.
ADVISORY NOTES
The following statements are not conditions of approval. The developer shall be aware of
them, however, prior to requesting permits.
A. 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.
B. Building Inspection Department:
1 . Preliminary soils report required.
2. Grading plans and permits required.
3. House numbers shall be illuminated.
4. Submit grading plans and dust control plan to the Contra Costa Water District
for their review and approval.
C. Oakley Sanitary District:
1 . Service will be provided based on capacity available at time of building permits.
2. Comply with District regulations and ordinances.
3. Annex to Oakley Sanitary District.
4. Sewer service is required per Oakley Sanitary District ordinance. Property is
within 150 feet of existing sewer. Trunk line extension required.
D. Oakley Water District:
1. Annex to Oakley Water District.
2. Comply with Oakley Water District .standards in regards to water main
construction and connections.
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E. Comply with the requirements of the Park Dedication Ordinance.
F. Oakley Fire Protection District:
1. Comply with the requirements as outlined in their letter, dated November 27,
1989, concerning Subdivision 7396.
G. Comply with the School Impact Fee requirements of the Oakley Union School District
and the Liberty Union High School District.
H. A small portion of 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.
I. This project may be subject to the requirements of the Department of Fish & Game.
It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box
47,Yountville, California 94599,of any proposed construction within this development
that may affect any fish and wildlife resources, per the Fish & Game Code.
J. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 30B 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.
K. 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.
AB/in
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10/1/90
10/10/90
10/19/90
10/23/90(PW)
1 1/29/90 (bos)
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