HomeMy WebLinkAboutMINUTES - 11271990 - H.7 Al _
H. 7 ContraTO: BOARD OF SUPERVISORS ; /
FROM: Harvey E. Bragdon uwa
Director of Community Development CVu ly
. DATE: October 9, 1990
SUBJECT: Hearing on Rezoning Application 12730-RZ, to rezone 15.08 acres of
land from General Agricultural District (A-2) to Planned Unit Distric
(P-1) , fronting on the southwesterly side of the intersection of.
O'Hara Avenue and Kay Lane, with approximately 400 foot frontage on
O'Hara and 1,250 foot frontage on Kay Lane, in the Oakley area, filed
by Bellecci and Associates (Applicant) and Theron Wheeler, et al
(Owner) (APN 034-070-002 and 034-070-013) .
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) i BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Approved Rezoning Application #2730-RZ, along with Development
Plan #3043-87 and Subdivision 6968, 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. 56-1990 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•
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOM END I OF COMMITTE
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 recommendation of the East County Regional
Planning Commission on the request of Bellecci and Associates
(applicant) and Theron Wheeler, et al (owner) ( 2730-RZ) to rezone
15. 08 acres of land from General Agricultural (A-2) to Planned Unit
District (P-1) , for approval of a Final Development Plan #3043-87 to
construct 35 single family residences, and for approval of a vesting
tentative map to divide 15.08 acres ( 12. 30 acres net) into 35 single
family lots (Subdivision 6968) in the Oakley area.
Karl Wandry, Community Development Department, presented the
staff report on the proposal before the Board, describing the site
location, commenting on the Planning Commission recommendation for
approval of .34 lots, and he commented that the Oakley Municipal
Advisory Commission' s concerns relative to fencing and trails had been
dealt with within the conditions before the Board. He presented the
staff recommendation that the Board accept the environmental
documentation as adequate, approve the Rezoning 2730-RZ, Development
Plan 3043-87 and Subdivision 6968 with attached conditions, adopt the
East County Regional Planning Commission' s findings and introduce the
ordinance, waive reading and set the date for adoption of same.
The public hearing was opened and the following persons appeared
to speak:
Frank Bellecci, Bellecci and Associates, applicant, spoke on
concerns including clarification of various conditions, and closure of
Kay Lane. 1.
E.J. Fontaine, 30 Kay Court, Oakley, spoke in favor of the
closure of Kay Lane, and indicated the desire for a lockable pipe
swing gate to block off the area from the new proposed Danielle where
it meets the unpaved portion of Kay Lane running to Brown Road. He
also requested a change to condition Q limiting notice to people
involved in the dirt portion of Kay Lane.
Dwight Hodgen, 1110 Carpenter Road, Oakley, commented on various
changes to conditions of approval which he also presented in writing.
The Board discussed the requested changes.
Mr. Bellecci spoke in rebuttal.
Supervisor Torlakson moved to approve the project with the
closure of Kay Lane incorporated as suggested by Mr. Fontaine, that
Mr. Hodgen' s requested conditions would be applied and a condition
would be added to the Development Plan that .an additional $650.00 park
dedication fee would be paid by this project subject to the Board
approving the increased fee.
Supervisor McPeak suggested additional language to the motion
indicating to be refunded should they choose to develop the park and
it costs less than that to make it.
Supervisor Torlakson accepted that as part of the motion.
Supervisor Powers commented on Mr. Hodgen' s requested conditions.
Supervisor Torlakson clarified that only-items 3 and 4 would be
included.
Supervisor McPeak spoke to the amendment that she had included in
the motion.
The Board discussed the issue of criteria for development of
parks.
Supervisor Powers expressed objection to increasing fees before
acting on the ordinance, and he moved to amend 'the motion to eliminate
the condition that would increase fees.
Supervisor Schroder seconded.
The Board discussed the amendment to the motion.
Supervisor Torlakson suggested deferring this decision for two
weeks and expressed opposition to the amendment.
Supervisor Schroder commented on his reason for his second to the
amendment.
The vote on the amendment was as follows:
AYES: Supervisors Powers, Schroder and Fanden
NOES: Supervisors McPeak and Torlakson
ABSENT: None
ABSTAIN: None
The Board discussed the main motion as amended.
Supervisor Torlakson moved a substitute motion to defer the
decision on this matter to December 11, 1990.
The substitute motion died for lack of a second.
2.
i'
The vote on the main motion was as follows:
AYES: Supervisors Powers, Schroder, McPeak and Fanden
NOES: Supervisor Torlakson
ABSENT: None
ABSTAIN: None
IT IS BY THE BOARD ORDERED that recommendation 1, 2 with amended
conditions (Exhibit A attached) , 3 , and 4 are APPROVED; and as in
recommendation 4, Ordinance No. 90-107 giving effect to the reasoning
is INTRODUCED, reading waived and December 11, 1990 is set for
adoption of same.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
AYES:YES: IOIIS (ABSENT ) TRUE AND CORRECT COPY OF AN
AI, III, IV, II NOES: V ACTION TAKEN AND ENTERED ON THE
ABSENT: none ABSTAIN: none MMNUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development Dept. ATTESTED November 27, 1990
Bellecci & Assoc. PHIL BATCHELOR, CLERK OF
Theron Wheeler, et al THE BOARD OF SUPERVISORS
Public Works-Joan Rushton
Assessor D CO TY ADMINISTRATOR
Oakley Fire. Protection District n
County Counsel BY . DEPUTY
ME:plp/EC-RES
2730-RZ.BO
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CONDITIONS OF APPROVAL FOR REZONING 2730-RZ SUBDIVISION 6968 AND FINAL
DEVELOPMENT PLAN 3043-87
1 . This application is approved subject to the property being rezoned from A-2 to P-1
(County File #2730-RZ).
2. The request to subdivide the 15.08 acres is approved for a maximum of 34 lots,
subject to revision of the Vesting Tentative Map dated received by the Community
Development Department on September 5, 1990. Lots in area of Lots 19 to 24 shall
be deleted. 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.
3. Submit a revised tentative map and final development plan showing the reduction to
34 lots, 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 10 lots
shall have residences setback the minimum required by R-15 zoning plus 7 feet.
B. At least 9 lots shall have residences with side entry garages.
C. Each residence shall have lighted house numbers, visible from a public or
private roadway.
D. Residences on Lots 20 to 23 and Lots 25 to 27 shall be one story tall.
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 guidelines.
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 along Kay Lane and
Carpenter Road shall be concrete pillar with wood inserts. Fencing at the back
of Lots 19 to 23 and 25 to 27 shall include a 2-foot high masonry retaining
wall. Install suitable masonry wall, or wall and mound, along O'Hara Avenue
subject to the review and approval of the Zoning Administrator.
D. The landscape plan shall be implemented or bonded prior to occupancy.
E. All landscaping shall be maintained by the applicant until occupancy.
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5. On the provision of police services, the applicant agrees to vote their property into a
"special tax area" for police services.
6. Provide for a child care facility in conformance with Chapter 82-22, "Child Care
Facilities" of the County Code.
7. The applicant shall show proof that water and sewage service is available prior to
recording the Final Map.
8. 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. Development of oil and gas resources may
occur in the local area."
9. 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.
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 6968 and 3043-87) shall be restricted by a
declaration of covenants, conditions and restrictions (CC&R's), then prior approval of
the CC&R's must be received from the Community Development Department, meet
applicable regulations of the California Real Estate Department, and provide for an
Architectural and Maintenance Committee. The applicant shall provide to and deposit
with said committee initial funds to enforce the CC&R's by the committee.
12. R-15 zoning regulations shall apply to all properties within this subdivision unless
expressly excluded on the Final Map or development plan.
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13. The following requirements pertaining to drainage, road, and utility improvements will
require the review and approval of the Public Works Department:
A. Constructing curb, six-foot six-inch sidewalk (width measured from curb face),
necessary longitudinal and transverse drainage, pavement widening and a
half-width median island (including surface treatment) along the frontage of
O'Hara Avenue.
Constructing curb,four-foot six-inch sidewalk(width measured from curb face),
necessary longitudinal and transverse drainage, and necessary pavement
widening along the frontage of Kay Lane and Carpenter Road.
B. 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.
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.
Compliance with this requirement will require the construction of portions of
the Drainage Area 30A planned storm drain facilities or alternative storm drain
improvements 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. _ Verifying that all finished floor elevations are above the 100-year flood
elevation.
G. Installing, within a dedicated drainage easement, any portion of the drainage
system which conveys run-off from public streets.
H. 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.
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 on Way on
O'Hara Avenue as required for the planned future width of 110 feet.
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K. Convey to the County, by Offer of Dedication, additional right on Way on Kay
Lane as required for the planned future width of 60 feet.
L. Convey to the County, by Offer of Dedication, additional right on Way on Daniel
Drive as required for the planned future width of 60 feet.
M. Relinquish abutter's rights of access along O'Hara Avenue and Kay Lane.
N. Construct the on-site road system to County Public Road Standards as shown
on the Vesting Tentative Map as modified herein and convey to the County, by
Offer of Dedication, the corresponding right of way. Daniel Drive shall be
extended full width to Kay Lane. Kay Lane shall be constructed as a 28-foot
paved road within at least a dedicated 40-foot right of way to County public
road standards. Carpenter Road shall be reconstructed to lower the hump in
the vicinity of Lots 29 and 28 as well as Lot 35 to provide safe stopping and
sight distance. The applicant will be responsible for his frontage improvements
and up to 20-feet of the pavement widening. He may be eligible for
reimbursement for road work beyond 20-feet from curb face through a
reimbursement agreement with the County. Frontage Improvements along
O'Hara Avenue shall include a half width median and surface treatment. IN lieu
of construction of the median island, the applicant can contribute an equivalent
cash deposit to a Road Improvement Fee Trust (819200-0800) designated for
median island construction in this area.
O. 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.
P. Install landscaping on O'Hara Avenue and Kay Lane and apply to the Public
Works Department for annexation to the County Landscaping District AD
1979-3 (LL-2)for the future maintenance of equestrian/pedestrian, landscaping
and irrigation facilities in median islands, parkways and other areas. New
owners shall be notified by deed notification that the subject property is within
a landscaping and lighting district.
Q. The applicant shall hold a public hearing, contacting all property owners within
300 feet of any point on Kay Lane between Brown Road and O'Hara Avenue.
A consensus of the property owners shall determine if Kay Lane will temporarily
be closed off to through traffic at the west side of Daniel Drive until such time
as the road is improved. The applicant shall pay for closure of this road.
14. Prior to issuance of building permits, file the Final.Map for Subdivision 6968.
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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.
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.
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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 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.
I. 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.
J. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 30A as adopted by the Board of Supervisors.
ME/jn
sub20:6968c.me
9/27/90
10/1/90
10/10/90
10/19/90
11/28/90(bos)
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