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HomeMy WebLinkAboutMINUTES - 11271990 - H.18 H. 18 TO: BOARD OF SUPERVISORS Contra Costa FROM: Harvey E. Bragdon Director of Community Development COLM DATE: October 16, 1990 SUBJECT: Hearing on Rezoning Application 12890-RZ, to rezone 4.9 acres of land from General Agricultural (A-2) to Planned Unit District (P-1) , fronting for approximately 281 feet on the west side of Live Oak Avenue, approximately 200 feet south of Tate Lane, in the Oakley area filed by Bellecci and Associates (Applicant) and I & F Partnership (Owner) (APN 003-030-019) . SPECIFIC REQUEST(S) OR RECONKENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approved Rezoning Application #2890-RZ, along with Development Plan #3007-90 and Subdivision 7467, 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. 52-1990 as the determination for these actions. 4 . Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set forth date for adoptio of same. CONTINUED ON ATTACHMENT: YES SIGNA RECOMMENDATION OF COUNTY ADMINISTRATOR RECO AT OF ABdMZD CONKITTE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON November 2/, 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 I & F Partnrship (owner) ( 2890-RZ) to rezone 4. 9 acres of land from General Agricultural District (A-2 ) to Planned Unit District (P-1 ) , for approval of Final Development Plan #3007-90 for an 11 unit single family residential development, and for approval of Subdivision 7467 to divide a 4.9 acre site into 11 lots in the Oakley area. Karl Wandry, Community Development Department, presented the staff report on the proposed project, describing the site and the Planning Commission recommendation and he advised of the staff recommendation to find the environmental documentation adequate, approve the rezoning 2890-RZ, Development Plan 3007-90 and Subdivision 7467 including the conditions, adopt the East County Regional Planning Commission' s findings, introduce the ordinance, waive reading and set a date for adoption. 1 No one appearing in opposition, Supervisor Torlakson moved to close the hearing and approve the request 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 Schroder moved for approval with the current fees. Supervisor Powers 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. 90-114 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: MMNuTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development Dept. ATTESTED November 27, 1990 Bellecci & Assoc. PHIL BATCHELOR, CLERK OF I & F Partnership THE BOARD OF SUPERVISORS AD Public Works-Joan Rushton COUNTADMINISTRATOR STRATOR Assessor Oakley Fire Protection District BY DEPUTY CONDITIONS OF APPROVAL FOR REZONING 2890-RZ, DEVELOPMENT PLAN 3007-90 AND SUBDIVISION 7467 1. This approval is based upon revised plans submitted October 4, 1990, for not more than 11 residential units/lots, subject to the following conditions. 2. The guide for development and use provisions shall be the Single Family Residential District (R-15). A. 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 frontyard 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. B. Second units may be approved on a lot as an amendment to the final development plan, per the requirements outlined in the County Ordinance. Fees shall be as per that required for second units. 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 Archaeology (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. 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 60 days prior to recording a Final Map, issuance of Building Inspection Department permits 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. Improvements, grading and building plans shall carry out the report recommendations. 1 7. Street names shall be acceptable to the Community Development Department and the Oakley Fire District. 8. 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. B. Landscaping along all street setbacks including the 13' wide strip around the meandering sidewalk on Live Oak Avenue. A 2' wide bridal path will be established on the inside of the meandering sidewalks. The Live Oak Avenue frontages shall be mounded and fenced with a suitable sound wall. The height design of the sound wall shall be determined by an acoustical study subject to the review and approval of the Zoning Administrator. C. A minimum of two fifteen-gallon street tree 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. D. All landscaping, including front yard landscaping, shall be installed or bonded prior to occupancy on any new residences on the site. E. Landscaping shall be maintained by the applicant until occupancy or annexation to Landscaping-Lighting District. F. The north side of the site shall be fenced with a 6-foot tall solid fence with cement pilasters or other suitable material (to hold the fence in the sandy soil) subject to Zoning Administrator review and approval. The required fencing shall be installed prior to issuance of building permits on the site. 9. 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. 10. 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 2 aerial crop dusting, agricultural burning, together with animals and flies on surrounding properties. This is, again, notification that this is part of the agri- cultural way of life in East Contra Costa County and you should be fully aware of this at the time of purchase." 11. 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. 12. 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. 13. 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. 14. 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 Live Oak Avenue, Placer Drive, and Silverado Drive. Constructing the frontage improvements, as shown on the vesting tentative map, with necessary conforms and with 4-feet 6-inch sidewalk along Live Oak Avenue, construction of a left tum lane on Live Oak Avenue to Placer Drive and construction of 1/2 the median island on Live Oak Avenue will satisfy this requirement. The Public Works Department has horizontal and vertical alignment plans for Live Oak Avenue. 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. 3 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. Compliance will require the construction of portions of the Drainage Area 29H Plan facilities or alternative drainage improvements 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. Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 7. 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. S. Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. B. Construct the on-site road system, as shown on the Vesting Tentative Map. C. Convey to the County, by Offer of Dedication, the right of way for the two cul- de-sacs, as shown on the Vesting Tentative Map. D. Convey to the County, by Offer of Dedication, additional right of way on Live Oak Avenue, Placer Drive and Silverado Drive as required. E. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across driveways. 4 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. Apply to the Public Works Department for annexation of the property to Drainage Area 290 for the maintenance and operation of the drainage area's drainage facilities. H. Prior to issuance of building permits, file the Final Map for Subdivision 7467. I. Relinquishing abutters rights of access along Live Oak Avenue, with the exception of Placer Drive. 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. The applicant will be required to comply with the drainage fee requirements for Drainage Area 29H 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. C. 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. 5 D. Oakley Sanitary District: 1) Service will be provided based on capacity available at time of building permit. 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. 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 April 24, 1990, concerning Subdivision 7467. y AB/GA/in aubl S=0467e.ab 9/13/90 9/18/90 10/10/90 10/19190 6