HomeMy WebLinkAboutMINUTES - 02121991 - H.7 H. 7
4'. Contra
TO: BOARD OF SUPERVISORS `✓W«l
FROM: Harvey E. Bragdon, �( /
Director of Community Development `"� ���
DATE: 23 January 1991
SUBJECT: REZONING: File 2914-RZ, Final Development Plan #3027-90 and
Subdivision #7503. - Stewart-Kramer Corp/Dan Dayley, et al.
Vine Hill Area. (S.D. II)
SPECIFIC REQUEST(S) OR RECOMMIENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation as being adequate.
2 . Approve rezoning application 2914-RZ, rezoning 5. 8 acres from
D-1 and A-2 to Planned Unit District (P-1) as recommended by the
County Planning Commission.
3 . Approve Final Development Plan #3027-90 and vesting Subdivision
7503- as recommended by the County Planning Commission.
4 . Adopt the findings of the Commission as the reason for your
action.
5. Introduce the ordinance giving effect to the rezoning; waive
reading and set date for adoption of same.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
The project is proposing to subdivide 5.8 acres on Arthur Road
into 41 lots. All of the units are proposed as detached single
family residential units except for two lots which .are proposed as
a duet (attached single family residential) .
The applicant has agreed to provide low/moderate income units in
order to .qualify the project for 'the County's density bonus rules.
The County Planning Commission considered the project at a hearing
on December 11, 1990. After hearing the project, the Commission
voted to recommend that the Board approve the project.
In response to the testimony, the recommended conditions require
that the project's view impacts on Via Estrella residents
studied.
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF 60r COMMITTE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON February 12, 1991 APPROVED AS RECOMMENDED X OTHER X
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the recommendation of the Contra Costa
County Planning Commission on the request by Stewart Kramer Corp.
(applicant) and Dan Dayley, et al (owner) ( 2914-RZ) to rezone 5.79
acres of land from a Duplex District (D-1) and General Agricultural
District (A-2 ) to Planned Unit District (P-1) and a preliminary
development plan to develop 41 lots, along with Final Development Plan
application, #3027-90 for 41 residential units, and a vesting tentative
map for Subdivision 7503 requesting approval to divide 5. 79 acres into
41 lots in the Vine Hill area.
Mary Fleming, Community Development Department, presented the
staff report on the requests, describing the proposed site, the size
of the requested lots, the width of the roadway and the density bonus
requested by the applicant. Ms. Fleming commented on the Planning
Commission approval and the staff recommendation that the Board accept
the environmental documentation as adequate, approve the rezoning,
final development plan and the subdivision map, adopt the findings of
the Planning Commission and introduce the ordinance.
1.
a
The public hearing was opened and the following person appeared
to speak:
Skip Lawrie III , 120 Arthur Road, Martinez , expressed concern
relative to drainage.
Ms. Fleming responded that the easement providing water to the
area below would be relocated.
Mitch Avalon, Public Works Department, responded that there is a
condition to collect and convey all storm waters that originate in the
subdivision or come to the subdivision to an adequate facility.
Supervisor Powers requested that Mr. Lawrie be consulted when the
conditions are being carried out in order to address his concerns.
Mr. - Avalon advised that Mr. Lawrie would be contacted when the
improvement plans for the development are reviewed.
The public hearing was closed.
Supervisor Fanden moved to approve the recommendation. as
presented by staff.
IT IS BY THE BOARD ORDERED that recommendations 1, 2 with
conditions (Exhibit A attached) , 3 with conditions (Exhibit A
attached) , 4, and 5 are APPROVED; and as in recommendation 5,
Ordinance No. 91-6 is INTRODUCED, reading waived, and February 26 ,
. 1991 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 TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development Dept. ATTESTED February, 12, 1991
Attn: Robert Drake PHIL BATCHELOR, CLERK OF
County Administrator THE BOARD OF SUPERVISORS
Public Works-Steve Wright A JY ADMINISTRATOR
County Counsel
2914-RZ. bo BY d , DEPUTY
Assessor
Consolidated Fire Protection Dist.
Stewart Kramer Corp.
Dan Dayley, et al
2.
CONDITIONS OF APPROVAL FOR REZONING 2914-RZ, SUBDIVISION 7503 AND FINAL
DEVELOPMENT PLAN 3027-90
1. The rezoning to P-1 is approved and shall be effective for 3 years to coordinate with
the effective life of the Tentative Map and may be extended further if the Tentative
Map is extended.
At least 60 days prior to issuance of a grading permit or filing a final map, the
applicant shall submit 12 set of copies of the following documents for referral to and
reviewed by the County Planning Commission. The documents are among the
documents which are identified below to be reviewed and approved by the Zoning
Administrator. The documents and corresponding conditions of approval are listed
below:
revised site plan and building elevations (C/A #12).
grading/tree preservation plan (C/A #3).
- revised interior street/pathway and parking plan (C/A 15.D. & E.).
- study of the project's view impacts on residents qho reside at the end of Via
Estrella adjoining the northwest side of the project (C/A #18).
- christmas tree farm removal plan (C/A #17).
- (alternative) frontyard landscaping plans (C/A #13).
2. This request to subdivide the 5.79 t acre parcel is approved for 41 lots subject to the
Vesting Tentative Map dated received by the Community Development Department on
August 28, 1990. The following conditions of approval require compliance prior to the
filing of the Final Map unless otherwise indicated.
3. At least 30 days prior to filing a Final Map or issuance of a grading permit, the
applicant shall submit a grading/tree preservation plan for the review and approval of
the Zoning Administrator. The Contra Costa Water District shall be given a copy of
the grading/tree preservation plan for review and comment. The plan shall identify all
trees with trunk sizes greater than 10 inches in diameter 4Y2 ft. from the base and
indicate whether or not the tree would be eliminated. Grading of the site and removal
of mature trees shall.be minimized.
4. The applicant shall show proof that water and sewage service is available prior to
recording the Final Map.
5. 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.
6. Following recommendations from the Airport Land Use Commission:
A. A suitable avigation and noise easement covering the entire property shall be
dedicated to the County. A model easement for this purpose has been provided
to the applicant. The approved instrument shall be dedicated concurrently with
EWNUM7 A
.2.
B. The applicant shall prepare a disclosure statement which shall be included in
any future offer or sale documents to read as follows:
'This property is in proximity to Buchanan Field, a public-use airport. 'The
property is subject to frequent aircraft overflight and associated noise impacts."
The statement shall be concurrently recorded as a covenant to the deed
descriptions for each of the lots with the recordation of the final map. .
C. New residences or other new habitable structures shall be designed to comply
with the Sound Transmission Control Standards of the 1988.Uniform Building
Code Appendix with State of California 1989 Amendments. Structural design
shall be based on the recommendations of an acoustic study of the site by an
acoustical engineer to assure that interior noise levels from airport related
.activity not exceed 45 DBA on the CNEL scale.
7. 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 Zoning Administrator. Improvement, grading, and
building plans.shall carryout the recommendations of the approved report. Record a
statement to run with deeds to the property acknowledging the report by title, author
(firm), and date, calling attention to recommendations, and noting that the report is on
file for public review in the Community Development Department of Contra Costa
County.
S. Provide for a child care facility in conformance with Chapter 82-22 "Child Care
Facilities," of the County Code.
9. Applicant .shall submit Covenant, Codes & Restrictions (CC & R's) for review and
approval by the Zoning Administrator. As a minimum, the CC & R's shall include:
A. Provision for maintenance of the exterior fencing or walls.
S. Provision for maintenance of the private road and any common areas.
C. Location of mailboxes and provision for maintenance of frontyard landscaping
which shall be designed to minimize water usage and discourage the installation ,
by home owners of landscape irrigation systems. Maintenance of landscaping
along Arthur Road shall be included in these provisions.
D. Description of uses permitted in the sideyard access easements.
EMUSE 7 W
3.
10. Comply with the recommendations contained in the noise analysis entitled "Subdivision
7503, Martinez, CA—Noise Assessment" prepared by Illingworth & Rodkin, Inc. dated
November 29, 1990 (attached). Method of compliance shall be subject to the review
and approval of the Zoning Administrator.
11, Provide on-site notice to the users of the Community Garden that their use of gardens
shall be terminated. The notice shall be posted at least 90 days prior to any grading
or demolition activities. Preliminary notice should be given prior to the start of the
"growing season." The size, placement and type of notice shall be subject to approval
of the Zoning Administrator. Notice shall be given prior to approval of final
development plan.
12. Submit a revised site plan labelled "final development plan" for review and approval
by the Zoning Administrator. Said plan shall include building elevations and
identification of materials and colors of the exterior of the houses and any walls or
fences.
13. Front yard landscaping shall comply with the requirements of the County's Water
Conservation Guidelines. The final landscape plan shall be reviewed and approved by
the County Zoning Administrator:
A. Install at least one street tree for each lot.
B. Provide landscaping along Arthur Road.
C. Coniferous trees shall be eliminated from the landscape plan for the site.
14. Comply with the requirements of the Transportation System Management Ordinance
(#82-95).
15. 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 Arthur Road.
Constructing curb, 4-foot 6-inch sidewalk (width measured from curb
face), necessary longitudinal and transverse drainage, and necessary
pavement widening along the frontage will satisfy this requirement.
2) Street lighting is not required.
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4.
3) Undergrounding of all utility distribution facilities, including those on
Arthur Road..
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.
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) The Ordinance prohibits discharging storm waters into the Contra Costa
Canal or any other water conveyance or impounding facility for domestic
water consumption.
7) The Ordinance prohibits the discharging of concentrated storm waters
into roadside ditches.
8) Installing, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
9) Constructing a 6-foot high chain-link fence along the Contra Costa
Canal.
10) Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalk.
1 1) 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.
12) Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
B. Convey to the County, by Offer of Dedication, additional right of way on
Arthur Road as required for the planned future width of 84 feet.
C. Relinquish abutter's rights of access along Arthur Road, including curb returns,
except for the proposed private road.
5.
D,. Eliminate the knuckles along the southerly roadway and revise the lotting
pattern and/or number of lots in a manner acceptable to the. Zoning
Administrator,
E. Provide additional off-street parking plan acceptable to the Zoning Administrator
and increase the width of the private road to a 32-foot width within a 40-foot
access easement. The final development plan shall have a detailed plan for safe
vehicular movement and pedestrian movement.
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. install a vertical rise garage door with an automatic garage door opener on all
garage doors.
H. Provide for adequate sight.distance at the Arthur Road entrance to this site and
around the square in accordance with CALTRANS standards.
1. Provide entrance tapers at the Arthur Road 'access in accordance with
CALTRANS Highway Design Manual Figure 405.7,-or submit an alternate plan,
acceptable to the Public Works Department, providing safe ingress and egress
to the project.
J: Submit an acoustical analysis'prepared by a qualified ,expert, based upon
ultimate development in.the region and ultimate road widening subject to the
review of the Zoning Administrator. The applicant shall mitigate impacts
subject to the review and approval of the Zoning Administrator.
16. Hours of construction shall be limited to 7:00 A.M. to 5:00 P.M., Monday through
Friday. No construction except for emergency of repair or prevention measures, shall
be conducted on Saturdays, Sundays or holidays. :
17. An appropriate plan to deal with the existing christmas trees on the property without
putting ,them into a land fill site shall be developed,prior to any grading on the site.
The plan shall be subject to the approval of the County Zoning Administrator.
18. Prior to ,issuance of a grading permit or :filing a final map; the applicant shall
demonstrate that the project will .not significantly affect the views of, residents
adjoining the site along Via Estrella.
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1
6.
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 requirements of the Mt. View Sanitary District (see attached).
D. Comply with requirements of the Contra Costa County Consolidated Fire Protection
District (see attached).
E. Comply with the requirements of the Building Inspection,Department. Building permits
are required prior to the construction of most structures.
F. . The applicant will be required to comply with the requirements• of the
Bridge/Thoroughfare Fee Ordinance for the Countywide 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 57 as adopted by the Board of Supervisors.
H. The Board of Supervisors is reviewing the application and enforcement of Chapter 96-
10, "Underground Utilities," of the Subdivision Ordinance. The applicant should be
aware that the code provision requiring the undergrounding of utilities on Arthur Road
maybe strictly enforced.
ME/aa/jn
SUBIII/7503C.ME
11/29/90
12/6/90
12/24/90
1/17/91
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