HomeMy WebLinkAboutMINUTES - 11271990 - H.6 �. H. 6
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TO: BOARD OF SUPERVISORS '. ,'/ Contra
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FROM: Harvey E. Bragdon
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Director of Community Development Cointy
DATE: October 9, 1990
SUBJECT: Hearing on Rezoning Application ¢2710-RZ to rezone 23.3± acres from
General Agricultural District (A-2) to Planned Unit District (P-1)
fronting on the west side of O'Hara Avenue between Laurel Road and
Kay Lane, in the Oakley area, filed by Bellecci and Associates
(Applicant) and Country Investors (Owner) (APN 034-070-006, 010 and
034-080-019, 020) .
SPECIFIC REQUEST(S) OR RECOMKENDATIONS(S) is BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS `
1. . Accept the environmental documentation prepared for this
project as being adequate.
2. Approved Rezoning Application 12710, along with Development
Plan 3010-87 and Subdivision 6924, 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. 54-1990 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 SIGMA
RECOMMENDATION OF COUNTY ADMINISTRATOR RECONKENPATEDW OFCOMKITTE
APPROVE OTHER 167
SIGNATURE(S) :
ACTION OF BOARD ON November 27, 1990 APPROVED AS RECOMMENDED X O'iEOER
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 Country Investors (owner) (2710-RZ) to rezone 23. 3+
acres of land from General Agricultural (A-2) to Planned Unit District
(P-1) , for approval of a Final Development Plan #3010-87 to construct
55 single family residences, and for approval of a vesting tentative
map to divide 23. 3+ acres ( 18. 5 net acres) into single family lots
(Subdivision 6924) in the Oakley area.
Karl Wandry, Community Development Department, presented the
staff report on the request before the Board today. He commented on
issues including the site location, the recommendation of the Planning
Commission, consistency with the General Plan, and Oakley Municipal
Advisory Commission concerns addressed in the conditions. He also
commented on the staff recommendation that the Board accept the
environmental documentation as adequate, approve the rezoning request
2710-RZ, development plan 3010-87 and subdivision 6924, adopt the East
County Regional Planning Commission' s findings, and introduce the
ordinance, waive reading and seta date for adoption.
The public hearing was opened and the following persons appeared
to speak:
Frank Bellecci, Bellecci and Associates, applicant, commented on
clarification of issues including the location of the park land in
this project.
Supervisor Torlakson commented on the park dedication fees, and a
proposed ordinance to increase the Oakley park dedication fees to a
comparable County wide level. Supervisor Torlakson requested if the
applicant were willing to pay the proposed new fee if the Board were
to adopt that ordinance.
Mr. Bellecci responded to Supervisor Torlakson' s question.
Mr. Wandry indicated that the land dedication for this project
would cover any park dedication fee.
The Board discussed the issue of the park dedication fee and road
improvement fees.
Supervisor Torlakson moved approval of the project.
IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3, and 4
are APPROVED; and as in recommendation 4, Ordinance No. 90-106 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 ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TART AND ENTERED ON THE
ABSENT: ABSTAIN: lIINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development Dept. ATTg. F.p November 27, 1990
Bellecci & Assoc. PHIL BATCHELOR, CLERK OF
Country Investors THE BOARD OF SUPERVISORS
Assessor D LINTY INISTRATOR
County Counsel
Public Works-Joan Rushton BY L DEPUTY
Oakley Fire Protection District
ME:plp/EC-RES
2710-RZ.BO
CONDITIONS OF APPROVAL FOR REZONING 2710-RZ, SUBDIVISION 6924 AND
DEVELOPMENT PLAN 3010-87
1. This application is approved subject to the property being rezoned from A-2 to P-1
(County File #2710-RZ).
2. The request to subdivide the 23.3-acre parcel is approved for a maximum of 55 lots,
subject to revision of the vesting tentative map dated received by the Community
Development Department on June 15, 1990 as shown in the alternate plans received
at the East County Regional Planning Commission meeting October 15, 1990. The
following conditions require compliance prior to filing of the final map. Uses shall
conform to those allowed in the R-15 zoning district.
3. Submit a revised plan showing park design and development and the following;
A. Front yard setbacks for future residences shall be staggered. At least 30
percent of the lots shall have residences setback the minimum required by R-15
zoning plus 7 feet.
B. At least 25 percent of the lots shall have residences with side entry garages.
C. Each resident shall have lighted house numbers, visible from a public or private
roadway.
4. Submit a landscaping plan for review and approval of the Zoning Administrator in
conformance with the County's water conservation policies. The plans 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. Fencing along the
southerly property must be outside of the existing water main easement.
Property owners of those lots shall be notified of that restriction on their deeds.
A suitable masonry wall shall be erected on O'Hara Avenue subject to the
Zoning Administrator's review and approval. Wall shall conform to acoustical
standard requirements.
D. This landscape 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 common areas, until annexation to a landscape lighting district. The
applicant shall be required to annex when the district is formed. Notify future
homeowners by deed notice of the fact that the site is within a landscape and
lighting district and/or a parks district.
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5. The applicant shall dedicate park land for the purposes of a public park adjacent to the
school district property. The exact location and dimensions shall be subject to
approval of 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 service.
7. Provide for a child care facility in conformance with Chapter 82-22, "Child Care
Facilities," of the County Code.
8. The applicant shall show proof that water and sewage service is available prior to
recording the parcel map.
9. 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."
10. 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.
11 . Subdivision grading, improvements, and construction shall comply with the
recommendations of the Preliminary Soil report: Geotechnical Study, Country Place,
Subdivision 6924, dated June 21, 1987.
12. Grading plans shall include erosion protection on all slopes five (5) feet or more in
height and gradient steeper than 10 percent (10:1). Protection shall be equal to or
better than hydroseeding with mulch. Hydroseeding shall be as recommended by a
certified landscape architect. Landscaping shall also be submitted by a certified
landscape architect using the Landscape Guidelines for the Community of Oakley.
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• 13. This project (Subdivision 6924 and Development Plan 3010-87) 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 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.
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.
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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.
14. The following requirements pertaining to road, drainage, and utility improvements will
require the review and approval of the Public Works Department:
A. Construct road improvements along the frontage of O'Hara Avenue with curb,
6-foot 6-inch sidewalk(width measured from curb face),one-half width median
island with surface treatment, and necessary longitudinal and transverse
drainage, and necessary pavement widening along the frontage. In lieu of
construction of the median island, the applicant can contribute an equal amount
to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road
improvements in the area.
B. Installing street lights on all streets including O'Hara Avenue 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.
C. Undergrounding of all utility distribution facilities.
D. 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.
E. 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.
F. Installing, within a dedicated drainage easement, any portion of the drainage
system which conveys run-off from public streets.
G. 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. Grade lines for Mercedes Lane and Daniel Drive shall
be compatible with the improvements to these roads to be constructed by other
developments in the area.
H. Verifying that all finished floor elevations are above the 100-year flood
elevation.
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I. Submitting a Final Map prepared by a registered civil engineer or licensed land
surveyor.
J. Convey to the County, by Offer of Dedication, additional right of way on
O'Hara Avenue as required for the planned future width of 110 feet.
K. Construct the on-site road system to County public road standards as shown
on the Vesting Tentative Map and alternate plan, and convey to the County, by
Offer of Dedication,the corresponding right-of-way to the widths shown on the
revised Vesting Tentative Map at the locations shown on the alternate plan.
L. Prevent storm drainage, originating on the property and conveyed in a con-
centrated manner, from draining across the sidewalks and driveways.
M. 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.
N. Prior to issuance of building permits, file the Final Map for Subdivision 6924.
O. Extend Daniel Drive northerly along the westerly property line of this property.
P. Relinquish abutter's rights of access along O'Hara Avenue with the exception
of the proposed access points.
O. The applicant shall annex this property to Drainage Area 300 for the
maintenance of drainage facilities.
R. The required drainage improvements shall include construction of downstream
drainage improvements in Drainage Area 30A.
S. Install landscaping on O'Hara Avenue and annex to the County Landscaping
District AD 1979 (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 landscape district.
T. Install frontage improvements in front of the Johnson and Pato properties.
15. 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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16. 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.
17. 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.
18. 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.
19. 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
The applicant/owner should be aware of the renewing requirements prior to recording the Final
Map or requesting building or grading permits.
A. Applicant shall comply with the Park Dedication Fee Ordinance.
B. Comply with the requirements of the Oakley Sanitary District (see attached).
C. Comply with the requirements of the Oakley Fire Protection District (see attached).
D. Comply with the School Impact Fee requirements of the Oakley Union School District
and the Liberty Union High School District.
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E. 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.
F. 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.
G. 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.
ME/ASA/jn
sub 19:6924c.me
9/21/90
9/24/90
10/10/90
10/19/90
12/20/90
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