HomeMy WebLinkAboutMINUTES - 02111992 - H.4 ' H.4
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TO:
BOARD OF SUPERVISORS CI,JJIa
FROM: HARVEY E. BRAGDONcoirty
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: February 11, 1992
SUBJECT: HEARING ON REZONING APPLICATION 2953-RZ AND COMPANION APPLICATIONS D.P.
3013-91 AND SUBDIVISION 7658, TO REZONE 12.5 ACRES OF LAND FROM PLANNED
UNIT DEVELOPMENT FOR 27 LOTS TO PLANNED UNIT DEVELOPMENT FOR 44 LOTS
(P-1) AND SUBDIVIDE THE PROPERTY INTO 44 SINGLE FAMILY LOTS. SUBJECT
PROPERTY IS LOCATED IN THE OAKLEY AREA. APPLICATION FILED BY BELLECCI
AND ASSOCIATES AND MIDAN DEVELOPMENT, INC.
_-SPECIFIC REQUEST(8) OR RECOMMENDATION(S) i BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Approve Rezoning Application 2953-RZ, D.P. 3013-91 and
Subdivision 7658 subject to the conditions of the East County
Regional Planning Commission. (Exhibit A attached)
3. Adopt the East County Regional Planning' Commission's findings
as set forth in Resolution No. 1-1992 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. (Ordinance No. 92-7 to be adopted February 25 , 1992)
BACKGROUND/REASONS FOR RECOMMENDATIONS
On December 9, 1991, the East County Regional Planning Commission,
after taking testimony, recommended that the Board of Supervisors
approve this project subject to the Conditions of Approval and
findings attached.
FISCAL IMPACT
None
CONTINUED ON ATTACHMENT: YES SIGNATUR
,�S
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ON 07 ARD COMMITTEE
APPROVE OTHER
SIGNATURE(8) :
ACTION OF BOARD ON February 11 , 1992APPROVED AS RECOMMENDED y OTHER _X__
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the recommendation of the East County
Regional Planning Commission on the request of Bellecci and Associates
(applicant) and Midan Development Inc. (owner) (2953-RZ) .for approval
to rezone 12.5 acres of land from Planned Unit Development District
(P-1) for 27 units to Planned Unit District (P-1) for 44 units, and
for approval of a final development plan to construct 44 single family
residences (3013-91) and for approval of a vesting tentative map to
divide 12. 5 acres (8. 9 acres net) into 44 single family lots
(Subdivision 7658) in the Oakley area.
Mary Fleming, Community Development Department, presented the
staff report, describing the site location, the Planning Commission
recommendation for approval, and the staff recommendations listed
above.
Supervisor Torlakson requested clarification on the
recommendation of, the Oakley Municipal Advisory Council (OMAC) for
this proposal.
1 .
Steve Cross, Bellecci and Associates, applicant, commented on the
approval of the project by OMAC and the- East County Regional Planning
Commission and spoke in favor of the project.
Supervisor Torlakson commented on the process and obtaining the
recommendations of the community groups such as OMAC.
Supervisor Torlakson moved to close the hearing and adopt the
Planning Commission and GMAC recommendations.
IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3 , and 4
are APPROVED.
Supervisor Torlakson requested that the motion include putting a
sign at the temporary access point informing the public that the
temporary access will disappear.
IT IS FURTHER ORDERED BY THE BOARD that a sign be placed at the
temporary access informing the public of its temporary nature.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X ' UNANIMOUS (ABSENT II 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.
Orig: Community Development Department ' ATTESTED February 11 , 1992
ca: Bellecci & Associates PHIL BATCHELOR, CLERK OF
Midan Development Company THE BOARD OF SUPERVISORS
Public Works Department CO Y ADMINISTRATOR
Assessor
County Counsel BY ODEPUTY
Oakley Fire .Protection District
2.
CONDITIONS OF APPROVAL 2953-RZ
1. This approval is based upon the exhibits received by the Community
Development Department and listed as follows:
A. Exhibit "A": Final Development Plan and Vesting Tentative Map dated
received December 2, 1991 for lots and single family residences on a
12.5 acre site together with a preliminary grading plan for the site on
the same sheet.
2. Sewage disposal serving the property concerned with this application shall be
provided by the Oakley Sanitary District.
3. Water Supply serving the property concerned with this applications hall be
provided by the Oakley Water District.
4. Comply with the requirements of the Oakley Fire Protection District including
provision for water supply and fire hydrants, as determined by the District.
5. The total number of lots shall not exceed 44.
6. With this approval, the previously approved P-1 Development (2713-RZ, DP
3014-87, and SUB 6814) are null and void.
CwG� IDOL a,
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CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN
3013-91 AND SUBDIVISION # 7658
1. This approval is based upon the exhibits received by the Community
Development Department and listed as follows:
A.. Exhibit "A": Final Development Plan and Vesting Tentative Map dated
received December 2, 1991 for 44 lots and single family residences on
a 12.5 acre site together with a preliminary grading plan for the site on
the same sheet.
2. The approval of Final Development Plan # 3013-91 shall run concurrently with
the time limits of Subdivision # 7658. Upon request and payment of proper fee
a 3 year extension of time to establish the Development Plan can be granted.
3. Any revision of internal circulation plan and lot layout shall be subject to
Zoning Administrator review and approval. Prior to recording the Final Map
submit for the Zoning Administrator's review and approval, a site plan showing
house location and number if stories, driveways, fencing plan, and street tree
locations.
4. Prior to recording final map the applicant shall submit "Will Serve" letters from
the Oakley Elementary School District and the Liberty High School District.
5. The guide for development and use provisions shall be the Single Family
Residential District R-10.
A. Setbacks of residential units shall be varied between 20 and 25 feet.
Front yard setbacks may be reduced to 15 feet for covered porches.
Side yard minimums shall be 10 feet with a total aggregate side yard of
20 feet. For covered porches side yard minimums shall be 5 feet with
a total aggregate side yard of 15 feet. Lots that front on cul-de-sacs or
corners may have side yard minimums of 5 feet with a aggregate of 15
feet. Covered porches in these situations may have a side yard
minimum of 5 feet with an aggregate side yard of 10 feet. Rear yards
for residences shall be a minimum of 15 feet. Lots that back up to
Laurel Road shall have a structure setback of 28 feet from the edge of
right-of-way for Laurel Road. The R- 10 zoning district shall be used as
a guide for heights and/or lot coverage of any detached sheds or
garages. Side entry yards shall be developed where possible. Prior to
the issuance of Building Permits, the applicant shall submit samples of
colors and exterior materials for review and approval of the Zoning
Administrator. The residences shall be of neutral color and
complementary.
6. 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
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California Archaeology (SCA) and/or the Society of Professional Archaeologist
(SOPA) has had an opportunity to evaluate the significance of the find and
suggest appropriate mitigation(s), if deemed necessary.
7. Sewage disposal serving the property concerned in this application shall be
provided by the Oakley Sanitary District.
8. Water supply serving the property concerned shall be by the Oakley Water
District.
9. Street names shall be acceptable to the Community Development Department
and to the Oakley Fire Protection District.
10. At:least 30 days prior to recording the Final Map for this site, the applicant shall
submit a Landscape Plan conforming to the County's water conservation
policies to the Oakley Landscape Guidelines.
A. Native, drought-tolerant plants shall be used whenever feasible.
B. Landscaping along all street setbacks and each front yard. Landscaping
shall conform to the Oakley landscape guidelines.
C. Submit a street tree planting plan. A minimum of two 15-gallon trees
for each lot, shall be planted except that corner lots shall have at least
four street trees.
D. Fence design and locations shall be shown on the plans. A suitable
masonry wall shall be erected along the sites frontage on Laurel Road
subject to the Zoning Administrator's review and approval. The sound
wall shall conform to acoustical requirements to lower noise levels from
Laurel Road. The Laurel Road frontage of the site can be mounded to
reduce the overall height of the sound wall. The soundwall shall not be
a straight wall, but shall be built with a couple of setbacks. The design
of the soundwall along Laurel Road shall match or be harmonious with
the sound front yard wall for Subdivision #7651 to the east.
E. This landscape plan shall be implemented or bonded prior to occupancy.
F. 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 parks district.
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G. A landscaping plan shall be submitted for the sites frontage on Laurel
Road. Laurel Road landscaping shall be installed prior to occupancy of
the residences on this site.
H. The West side of the project shall be fenced with a 6 foot tall solid
wood fence with suitable cement pilasters, or other materials all subject
to Zoning Administrator's review and approval. The west side of the
site along the Planchon property shall be fenced with a cyclone fence
with wood inserts. The developer shall contact the neighboring property
owner north of the Planchon property to determine if they would prefer
a cyclone fence or wood fence be erected and if they want a gate
installed at the end of "B" Street. Perimeter fencing shall be installed
after rough grading of this site is done.
I. 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.
J. Large P. G. & E. electrical transformer boxes shall be placed in
underground vaults unless specifically objected to by P.G. & E.
11 . 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 $200 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.
12. 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."
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13. Provide for child care facility in conformance with Chapter 82-22, "Child Care
Facilities, " of the County Code.
14. The applicant shall show proof that water and sewage service is available prior
to recording the parcel map.
15. Prior to the issuance of building permits, the applicants shall submit a detailed
Transportation Systems Management(TSM) Plan for review and approval of 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
consideration could lead to stop work orders for this project.
17. The project sponsors 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.
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 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, this basis
for such an hypothesis is established. At this time no risk assessments
have been made.
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20. In the even that this project(Subdivision 7658 and Development Plan 3013-91)
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.
21. 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 for each lot concurrently with the Final Map.
22. 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 road improvements as shown on the Vesting
Tentative Map (with the exception that the sidewalk should be
six feet in width) including necessary longitudinal and transverse
drainage, and a half width median island all complete with
landscaping and conforms, and as described below.
The Laurel Road improvements (32-feet wide pavement and one-
half width landscaped median) shall be constructed on the north
side of the right of way and the southerly half of the right of way
shall be graded, drained and landscaped (with drought tolerant
native ground cover) all to ultimate line and grade. Construction
of frontage (on the south side only) improvements s=including
but not limited to a soundwall, border landscaping, six foot
meandering sidewalk, street lights, drainage improvements and
curb and gutter. The Laurel Road improvements shall include
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landscaping and irrigation of the medial and parkway areas. In
lieu of construction of the medial island, complete with surface
treatment (landscaping etc.), the applicant can contribute an
equivalent contribution to a Road Improvement Fee Trust
(819200-0800), to be used to construct these improvements at
a latter time. The curb and gutter shall be installed 15 feet from
the right of way line. All improvements shall be subject to the
review of the Public Works Department, Engineering Services
Division, and the review and the approval of the . Zoning
Administrator. All Laurel Road improvements shall be designed
for 55 mph.
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, including the
existing utilities along the Laurel Road Frontage.
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.
In order to satisfy the "collect and convey" requirement, the
developer should be required to construct a portion of line A and
a portion of lien A-1 of the Drainage Area 30A plan.
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.
Installing, within a dedicated drainage easement, any portion of
the drainage system which conveys run-off from public streets.
5. 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'M A
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6. 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 Laurel Road as required for the planned future width of 110 feet and
observe a building setback from the widened Laurel Road right of way
line, as described below.
C. This project lies within the 60db noise contour of the County General
Plan. Construct a masonry Soundwall along Laurel Road subject to the
review and approval of the Public Works Department and the Zoning
Administrator.
D. Provide for adequate sight distance in accordance with CALTRANS
standards.
E. 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. The minimum road width (even for partial roads) will be 28
feet. `
F. Furnish proof to the Public Works Department, Engineering Services
Division, that legal access to the property is available from a public road.
G. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and
driveways.
H. Install permanent landscaping and automatic irrigation facilities within
the parkway and median areas, and install interim landscaping features
within the future road areas, if any. All work shall be done in
accordance with the guidelines and standards of the County. Funding
of, and maintenance of, the mew plantings shall be guaranteed by the
developer until the expiration of the plant establishment period and, until
funds are available through a landscaping district.
1. 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 medial islands, parkways and other
areas ("open space" is specifically excluded).
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J. Submit landscaping plans to the Public Works Department and pay the
plan review and field inspection fees. All landscaping and irrigation
facilities shall be maintained by the applicant until funds become
available for their maintenance by the County after final inspection is
cleared.
K. 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.
L. Provide deed notification and signing to inform prospective property
owners that "B" Street may be extended in the future.
M. Relinquish abutter's rights of access along Laurel Road. A temporary
access across Lot 28 will be allowed. Once legal access is obtained via
one of the adjacent properties, the temporary access across Lot 28 will
be eliminated. Deed notification shall be recorded with the final map to
inform prospective property owners that the temporary access across
Lot 28 shall be eliminated once legal access is obtained via the adjacent
property.
The temporary access shall be signed to inform prospective property
owners that the access through Lot 28 is temporary.
N. Submit a sketch plan to the Public Works Department, Engineering
Services 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.
O., 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 facilities.
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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 including
annexation to the District.
C. Comply with the requirements of the Oakley Fire Protection District as outlined
in their letter dated June 12, 1991.
D. Comply with the School Impact Fee requirements of the Oakly Union School
District and the Liberty Union High School District.
E. Comply with the requirements of the Oakley Water District, including
annexation to the District.
F. Comply with the requirements of the Building Inspection Department.
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.
H. 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.
AB/at/RZ#15/2953-RZc.AB
12/13/91 at/2/20/92 MF - at