HomeMy WebLinkAboutMINUTES - 02251992 - H.6 1 �
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TO: BOARD OF SUPERVISORS /
costa
FROM: HARVEY E. BRAGDON ��}r C,ufty
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: February 25, 1992
SUBJECT: HEARING ON REZONING APPLICATION 2960-RZ AND COMPANION APPLICATIONS D.P.
3021-91 AND SUBDIVISION 7667, TO REZONE 20 ACRES OF LAND FROM GENERAL
AGRICULTURAL (A-2) TO PLANNED UNIT DISTRICT (P-1) , FOR 97 LOTS.
SUBJECT PROPERTY IS LOCATED IN THE OAKLEY AREA. APPLICATION FILED BY
BELLECCI AND ASSOCIATES AND HOFMANN COMPANY.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) i BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the -environmental documentation prepared for this
project as being adequate.
2. Approve Rezoning Application 2960-RZ, D.P. 3021-91 and
Subdivision 7667 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. 7-1992 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.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On January 13,. 192; the East County Regional Planning Commission,
after taking testimony, recommended that the Board of Supervisors
approve this project for 97 lots and single family residences.
,FISCAL IMPACT ,
None
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CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ON Or D COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON Ee 0ruary 1997 APPROVED AS RECOMMENDED X _ OTHER
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 by Bellecci and Associates
(applicant) and Hofmann Company (owner) ( 2960-RZ) for approval to
rezone 20 acres of land from General Agricultural (A-2) to Planned
Unit District (P-1) , for approval of a final development plan
proposing the construction of 97 single family residential units and
r associated improvements in a P-1- zone ( 3021-RZ) , and for approval to
subdivide 20 acres of land into 97 single family residential lots in
two phases of 43 and 54 .1ots respectively (Subdivision 7667) in the
Oakley area.
Mary Fleming, Community Development Department, presented the
staff report and recommendations.
The public hearing was opened and the following person appeared
to speak:
David Lennon, Hofmann Company, expressed agreement with the
conditions of approval.
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The public hearing was closed.
Supervisor Torlakson moved approval of the recommendations of the
Planning Commission and staff.-
IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3, and 4
are APPROVED; and a's stated in recommendation 4, Ordinance No. 92-11
is INTRODUCED, reading waived and March 3 , 1992 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: INTOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: KINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
. Orifi: Community Development Department ATTESTED February 25 , 1992
cc: Bellecci & .Associates- PHIL BATCHELOR, CLERK OF
Hofmann' Company THE BOARD OF SUPERVISORS
Public Works-Mitch Avalon CO ADMINISTRATOR
County Counsel
Assessor BY—(: , DEPUTY
Oakley Fire Protection District ,
"EXHIBIT A"
CONDITIONS OF APPROVAL FOR 2960-RZ
1. This approval is based upon the exhibits received by the Community Development
Department and listed as follows:
A. Exhibit "A": Revised Vesting Tentative Map and dated received
December 2, 1991 for 2960-RZ and Subdivision 7640 for 97 lots and
single family residences on a 20 acre site together with a preliminary
grading plan for the site on the same sheet.
B. Exhibit "B": Sound wall schematic plan with proposed landscaping on Laurel
Road dated received July 26, 1991.
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 application shall 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 97. The development may be developed in
four phases subject to Zoning Administrator approval.
"EXHIBIT A"
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN
3021-91 AND SUBDIVISION #7667
1. This approval is based upon the exhibits received by the Community Development
Department and listed as follows:
A. Exhibit "A": Revised Vesting Tentative Map and dated received
December 2,1991 for DP 3012-91 and Subdivision 7640 for 97 lots and single
family residences on 20 acre site together with a preliminary grading plan for
the site on the same sheet.
B. Exhibit "B": Sound wall schematic plan together with proposed
landscaping on Laurel Road dated received July 26, 1991. The approval
of Final Development Plan 3021-91 shall run concurrently with the
approval Subdivision # 7667.
2. The Development may be done in four phases as shown on the Revised Vesting
Tentative map dated received December 2, 1991 , or as approved by the Zoning
Administrator. The approval of Final Development Plan # 3012-91 shall run
concurrently with the time limits of Subdivision #7667. 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 locations and
number of stories,drive ways, fencing plan, and street tree locations. At least 1/3 of
the residences shall be one story tall only.
4. The guide for development and use provisions shall be the Single Family Residential
District R-6.
A. Setbacks of residential units shall be varied between 18 and 25 feet. All
garages shall have a setback of at least 20 feet if they face directly onto the
street. Front yard setbacks may be reduced to 15 feet for covered porches.
Side yard minimums shall be 5 feet with a total aggregate side yard of 15 feet.
For covered porches side yard minimums shall be 5 feet with a total aggregate
side yard of 10 feet. Lots that front on cul-de-sacs or street corners may have
side yard minimums of 5 feet with an aggregate of 10 feet. Covered porches
may have a side yard minimum of 3 feet with an aggregate side yard of 8 feet.
The R-6 zoning district shall be used as a guide for heights and/or lot coverage
of any detached sheds or garages. Structures on lots backing up to or
bordering Laurel Road shall have a set back of 28 feet, except for Lot #56
where a structure setback of 15 feet is required. Structures on lots backing up
to Rose Avenue shall have-a setback of 20 feet. 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.
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 Archeology
(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.
6. Sewage disposal serving the property concerned in this application shall be provided
by the Oakley Sanitary District.
7. Water supply serving the property concerned shall be by the Oakley Water District.
S. Street names shall be acceptable to the Community Development Department and to
the Oakley Fire Protection District.
9. 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 and
to the Oakley Landscape Guidelines.
A. Native, drought-tolerant plants shall be used whenever feasible.
B. Landscaping along all street setbacks and each from 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 15-gallon
sized trees planted. Street trees shall be planted prior to occupancy of
residences in Phase I to IV respectively.
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 and Rose Avenue
subject to the Zoning Administrator's review and approval. Wall shall conform
to acoustical standard requirements.
E. The front yard 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 a parks district.
G. A landscaping plan shall be submitted for the sites frontage on Rose Avenue.
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H. The West side and the North and East sides of the project, not fronting on
roads, shall be fenced with a six foot tall solid wood fence with cement
pilasters or other materials to hold the fence up in the sandy soil, subject to
Zoning Administrator's review and approval
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.
K. The design, color and location of any project signs at the O'Hara Avenue
entrance to the site shall be reviewed and approved by the Zoning
Administrator.
10. 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.
11. 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."
12. Provide for a child care facility in conformance with Chapter 82-22, "Child Care
Facilities, " of the County code..
13. The applicant shall show proof that water and sewage service is available prior to
recording the parcel map.
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14. 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.
15. 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.
16. 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.
17. A dust and littler 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.
18. 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.
19. In the event that this project (Subdivision 7667 and Development Plan 3021-91) is
restricted by a declaration of covenants, conditions o and restrictions (CC&R's), they
-must receive prior approval of the Community Development Department, meet
applicable regulations of,the California State Real Estate Commission 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.
20. 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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21. Prior to recording the final map submit "Will Serve" letters from the Oakley Union
School District and the Liberty Union High School
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. Chapter 96-10, "Underground Utilities".
Undergrounding of all utility distribution facilities including distribution
facilities along Laurel Road and Rose Avenue.
2. Section 96-14.002, "Improvement of County Streets".
3. Constructing road improvements along the frontage of Laurel Road.
The Laurel Road improvements (32-feet wide pavement and one-half
width landscape 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 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 landscaping and irrigation of the median and parkway areas. In
lieu of construction of the median 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 later 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, Road Engineering Division, and the review and approval of
Zoning Administrator. All Laurel Road improvement shall be designed
for 55 mph. Vertical alignment drawings and information is available in
the Road Engineering Division offices at the Public Works Department.
If construction of the above improvements is determined not to be
feasible, subject to the review and approval of the Public Works
Department,the applicant can contribute and equivalent contribution for
the cost of pavement widening (20 feet wide frontage improvement) to
a Road Improvement Fee Trust (8 192) to be used to construct these
improvements at a later time.
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4. Constructing road improvements along the frontage of Rose Avenue.
5. Section 914-2.002, "On-site" Collect and Covey Requirements" and
Section 914-2.004, "Off-site Collect and convey Requirements". This
requirement will be satisfied by the following.
a. 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.
b. Construct Line A-5 of the Drainage Area 30A plan from the
southerly boundary of the property to the detention basin located
north of Laurel Road subject to review and approval of the Flood
Control District.
C. Design a storm drain system to pick up run-off entering the
property from the east.
6. 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.
7. Installing, within a dedicated drainage easement, any portion of the
drainage system with conveys run-off from public streets.
8. 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.
9. Submitting a Final Map prepared by registered civil engineer or licenses
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.
C. Observe an additional 8-foot structural setback along Laurel Road.
D. This project lies within the 60db noise contour of the County General Plan.
Construct a masonry sound wall along Laurel Road, subject to the review and
approval of the Zoning Administrator.
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E. Convey to the County, by Offer of Dedication, 30 feet of right of way on Rose
Avenue as required for a half width of 30 feet (the entire Rose Avenue right of
way will be 60 feet).
F. Relinquish abutter's right of access along Laurel Road with the exception of the
Cloverbrook Avenue intersection.
G. 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 first
200-feet south of Laurel Road on Cloverbrook Avenue shall be constructed as
a 40-foot public road within 60-feet of right of way, the remainder will be
shown on the Tentative Map (36-ft./56-ft. r/w). "Bayberry Way" shall be
constructed as at least a 28 foot road within a 40 foot right of way which can
be widened to a 36 foot road within a 56 foot right of way in the future.,
H. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
1. Provide a detailed sketch of all the proposed roadway improvements along
Laurel Road and Rose Avenue along with interfacing with adjacent
- developments to Public Works, Road Engineering Division for review and
approval prior to beginning the improvement plans.
J. Submit landscaping plans (for landscaping within the Laurel Road and Rose
Avenue right of way) 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. 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 located within the Laurel Road and Rose
Avenue right of way. New owners shall be notified by deed notification that
the subject property is within a lighting and landscaping district.
L. 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.
M. Prior to filing the Final Map, 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. The application will require
a metes and bounds description of the property.
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N. Provide deed notification and signing to inform prospective property owners
that Rose Avenue, Stonewood Drive, Cloverbrook Avenue, Amberwood Lane
and "C" Court may be extended in the future.
O. On all public roads with longitudinal slopes less than five percent, all public
pedestrian access ways shall be designed in accordance with Title 24(Handicap
access). This shall include all driveway depressions as well as handicap ramps.
P. Although the storm .drainage system is shown on the submitted plans.
Comment on the system will be made when the improvement plans are
submitted for review.
Q. Revise "C" Phase IV Court to be a stub street and to intersect the Northern
project property line at the property line at the property line that divides the
BECK and SUNIGA Properties. The road center line should meet the common
property line between the BECK and SUNIGA properties at a tangent.
R. Relinquish abutter's right of access along Rose Avenue with the exception of
the intersection with Bayberry Way.
S. A Street shall be extended farther to the west and shall stub out at the
DEL BARBA property.
T. Provide for adequate sight distance in accordance with CALTRANS standards.
U. If, prior to filing the final map, one of the following has not occurred, then
Stonewood Drive shall terminate in a cul de sac.
1. An approved tentative map on the property to the south showing the
extension of Stonewood Drive.
2. Written consent of the property owner to the south accepting the
extension of Stonewood Drive and a revised tentative map of
Subdivision 7031 showing the Stonewood Drive extension.
•V. When a median island is constructed on Laurel Road, the intersection of
Cloverbrook at Laurel Road will only be allowed right in and right out access
only from Laurel Road. A deed notification shall be required informing the
property owners of the restricted access at Laurel Road.
W. The applicant shall pay the Drainage Area 30A fee in effect at the time of the
filing of the final map.
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ADVISORY NOTES
1. The project lies within the 100-year flood boundary as designated on the Federal
Emergency Flood Rate Maps.The applicant should be aware of the requirements of the
Federal Flood Insurance Program and to the County Flood Plain Management Ordinance
(Ordinance N0. 87-65) as they pertain to future construction of any structures on this
property.
Verifying that all finished floor elevations are above the 100-year flood elevation.
2. 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.
3. 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 if 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.
4. The applicant/owner should be aware of the following 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.
C. Comply with the requirements of the Oakley Fire Protection District as outlined
in their letter dated July 31, 1991.
D. Comply with the School Impact Fee requirements of the Oakley 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.
AB/at RZ#15/29 60-RZc.AB/1-22-92
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