HomeMy WebLinkAboutMINUTES - 11271990 - H.9 H.9
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TO:• BOARD OF SUPERVISORS
costa
FROM: Harvey E. Bragdon
Director of Community Development cr riICo^
DATE: October 91 1990
SUBJECT: Hearing on Rezoning Application 12713-RZ to rezone 12.37 acres of lan
from General Agricultural District (A-2) to Planned Unit District
(P-1) , lcoated on the south side of Laurel Road, approximately 600
feet east of the intersection with Empire Avenue, in the Oakley area,
filed by Bellecci and Associates (Applicant) And Morada Mortgage, Inc
(Owner) (APN 034-010-005) .
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 #2713-RZ, along with Development
Plan #3014-87 and Subdivision 6814, 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. 63-1990 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:
X
RECOmmENDATION OF COUNTY ADMINISTRATOR 1MC-bP-ffM-- 1DVIWOF Bor 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 by Bellecci and Associates
(applicant) and Morada Mortgage, Inc. (owner) to rezone 12. 37 acres of
land from General Agricultural (A-2) to Planned Unit District (P-1)
( 2713-RZ) , for approval of Final Development Plan 3014-87 to construct
27 single family residences, and for approval of a vesting tentative
map to divide 12.327 acres ( 9.13 acres net) into 27 single family lots
(Subdivision 6814) 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 2713-RZ, Final Development Plan
3014-87 and Subdivision 6814, 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 dedication fee, and he indicated no problems
with the conditions of approval for this project. He also commented
on requested changes in conditions of approval for hearing items H. 10
and H. 11 also before the Board today.
Rich Lieily, 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 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 in the conditions.
Mr. Wandry responded to Supervisor Torlakson' s question.
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
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. 90-108 is
INTRODUCED, reading waived and December 11 , 1990 is set for the
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. ABED November 27, 1990
Bellecci and Assoc. PHIL BATCHELOR, CLERK OF
Morada Mortgage, Inc. THE BOARD OF SUPERVISORS
County Counsel AN COUNY ADMINISTRATOR
Public Works-Joan Rushton
a
Oakley Fire Protection District BY4 0 , DEPUTY
Assessor
ME:plp/EC-RES2
2713-RZ.BO
CONDITIONS OF APPROVAL FOR REZONING 2713-RZ SUBDIVISION 6814 AND FINAL
DEVELOPMENT PLAN 3014-87
1. This application is approved to rezone the property from A-2 to P-1 .
2. The request to subdivide the 12.37± acre parcel is approved for a maximum of 27
units subject to the Vesting Tentative Map dated received by the Community
Development Department on August 23, 1990. The following conditions require
compliance prior to filing of the Final Map unless otherwise indicated. Uses in this
development shall conform to those allowed in the R-15 zoning district.
3. 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 8 of the
units shall have residences setback the minimum required by R-15 zoning plus
7 feet.
B. At least 7 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.
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. Fence design along
perimeter of site shall be approved by the Zoning Administrator. Fencing shall
be design to stand up in the sandy soil. The Plan submitted at the East County
Regional Planning.Commission on October 15, 1990, shall be taken as a guide.
Fencing shall be installed after rough grading is done. A suitable masonry
soundwall, or soundwall and mound, shall be installed along Laurel 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. Home
buyers shall be informed that the site is within a landscape, lighting district
and/or parks district.
5. On the provision of police services, the applicant agrees to vote their property into a
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"special tax area" for police services.
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 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."
8. 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. In the event that this project (Subdivision 6814 and Development Plan 3014-87) 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.
11. At least 60 days prior to recording a Final Map, issuance of Building Department
permits, or installation of improvements or utilities, submit a preliminary geology, soils
and foundation report for review and approval of the Planning Geologist. The report
shall include evaluation of earthquake-induced liquefaction and/or seismic settlement.
Improvement, grading, and building plans shall implement recommendations of the
approved report. Final Map shall cite the approved report. Record acknowledgement
of the approved report to run with property deed concurrently with the Final Map.
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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 Laurel Road.
Constructing frontage improvements conforming to the frontage
improvement requirements for adjacent Subdivision 6845 will satisfy
this requirement.
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 with this requirement will
require the construction of portions of Drainage Area 30A planned
drainage facilities or alternative storm drain 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.
8. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
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B. Convey to the County, by Offer of Dedication, additional right of way on Laurel
Road as required for the planned future width of 110 feet and observe a 28-
foot building setback from the widened Laurel Road right of way line.
C. Relinquish abutter's rights of access along Laurel Road.
D. 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.
E. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
F. 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.
G. Install landscaping on Laurel Road and 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). New owners
shall be notified by deed notification that the subject property is within a
landscape and lighting district.
H. 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.
I. Prior to issuance of building permits, file the Final Map for Subdivision 6814.
J. Furnish proof to the Public Works Department, Engineering Services Division,
that legal access to the property is available from a County maintained road.
K. Provide deed notification and signing to inform prospective property owners
that the dead end roads in this subdivision may be extended in the future.
L. Install Drainage Area 30A drainage facilities acceptable to the Flood Control
Engineering Division including the outfall from the existing downstream
infiltration basins.
M. The Ordinance prohibits discharging storm waters into the Contra Costa Canal
or any other water conveyance or impounding facility for domestic water
consumption.
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N. Apply to the Public Works Department for annexation of the property to
Drainage Area 300 for the maintenance and operation of the drainage area's
drainage facilities.
0. The applicant shall be required to construct the Laurel Road improvements to
provide a full half width road along the northerly side of the ultimate Laurel
Road right of way, grade the south half of the ultimate Laurel Road right of way
and provide adequate drainage and conforms to the east and the west. The
road improvements shall include landscaping and irrigation of the proposed
median area and landscaping of the graded southerly half of the Laurel Road
area.
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 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. `
17. 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 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 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.
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.
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.
Win
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