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HomeMy WebLinkAboutMINUTES - 01211992 - H.5 H.5 TO: BOARD OF SUPERVISORS Cwtra Costa FROM: HARVEY E. BRAGDONCourty DIRECTOR OF COMMUNITY DEVELOPMENT DATE: December 18, 1991 SUBJECT: Hearing on Rezoning Application 2949-RZ and companion applications, D.P. 3008-91 and Subdivision 7631, to rezone 1.41 acres of land from Single Family Residential (R-7) to Planned Unit Development (P-1) and to subdivide the property into 22 townhomes. Subject site located in the Pacheco area. Application filed by D.H. Flett 6 Associates, Flame Drive Associates (Owners) : SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approve Rezoning Application 12949-RZ, D.P. 3008-91 and SUB 7632 subject to the conditions of the County Planning Commission. 3 . Adopt the County Planning Commission's findings as set forth in Resolution No. 44_1gg1T_ 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. FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS On November 12, 1991, the County Planning Commission, after taking testimony, recommended that the Board of Supervisors approve this project subject to the Conditions of Approval and findings attached. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEMAMCON OFIBtRD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON januar� 21, 1992 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 D.B. Flett and Associates (applicant) and Flame Drive -Associates (owners) for approval to rezone 1. 41 acres of land from Single Family Residential District (R-7) to Planned Unit District (P-1) ( 2949-RZ) , for approval of Final Development Plan 3008-91 for a 22 unit townhome residential project along with a vesting tentative map for Subdivision 7632 to divide 1.41 acres into 22 lots in the Pacheco area. Dennis Barry, Community Development Department, presented the staff report on the above request and the above staff recommendations with an additional recommendation for a finding that the variance to the minimum parcel size for the P-1 for residential purposes is justified on the basis that the Planned Unit Development objectives are riet in spite of the small parcel size involved here. 1. Supervisor McPeak inquired as to whether the Pacheco Town Council had reviewed this request. The public hearing was opened and the following person appeared to speak: Douglas Fiett, 1280 Civic Drive Ste. 210, Walnut Creek, applicant, expressed accord with the recommendation of the Planning Commission and advised that the project was heard by the Pacheco Town Council and that they had expressed considerable support. The public hearing was closed. Supervisor McPeak moved approval of the recommendation before the Board. IT IS BY THE BOARD ORDERED That recommendations 1, 2, 3 with the additional finding as recommended today by staff relative to minimum parcel size variance, and 4 are APPROVED; and as recommended in 4 , Ordinance No. 92-4 is INTRODUCED, reading waived, and January 28 , 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: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: Community Development Department ATTESTED January 21, 1992 cc: D,$, FLETT & ASSOCIATES PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Public 4JorksCO Y ADMINISTRATOR Assessor o Consolidated Fire Protection District BY , DEPUTY CONDITIONS OF APPROVAL FOR REZONING 2949-RZ AND FINAL DEVELOPMENT PLAN 3008-91 1. This approval is based upon plans dated received by the Community Development Department September 17, 1991, which includes previous plans as now modified submitted with the applications dated received April 10, 1991 , of landscaping cross section drawings, floor plans, building elevations, including building modifications of end units drawing received August 28, 1991. The guide for development and use provisions shall be the Multiple Family Residential District M-12, subject to review and approval by the Zoning Administrator prior to issuance of building permits. 2. The approval for Development Plan 3008-91 is subject to adoption of an ordinance for the rezoning of the subject property under application 2949-RZ. The final number and layout of units shall reflect the Board's approval. 3. A phasing program for the development may be submitted for the review and approval of the Zoning Administrator. 4. Prior to the issuance of a building permit elevations and architectural design of the building and building roof material shall be submitted for final review and approval by the County Zoning Administrator. The roofs and exterior walls of the building shall be free of such objects as air conditioning or utility meter equipment, elevation aerials, etc., or they shall be screened from view. The building shall be finished in wood or other materials acceptable to the Zoning Administrator. Final review of all development plans is subject to approval by the Zoning Administrator. 5. Comply with the landscaping requirements as follows: A. A landscaping program for all areas shown in the submitted plot plan shall be submitted for review and approval of the Zoning Administrator prior to issuance of building permits. B. Landscape plans shall indicate the total landscape area,the area and percentage of drought-tolerant planting and the area and percentage or ornamental non- drought-tolerant plants. The plans shall be certified as being in compliance with Chapter 82-26 Water Conservation Landscaping in New Development by a licensed landscape contractor, architect or other landscape professional whose qualifications have been approved by the Community Development Department. C. A licensed landscape contractor, architect or other landscape professional whose qualifications have been approved by the Community Development Department shall make an on-site inspection to determine compliance with the approved landscape plan and shall submit a certification of completion for review and approval of the Zoning Administrator. D. California native trees shall be used as much as possible. All trees shall be a minimum 15 gallon in size; shrubs shall be a minimum of 5 gallon size; tree removal of native trees shall be replaced by California native species trees. CONDITIONS OF APPROVAL FOR SUBDIVISION 7632 1 . This approval is based upon the revised tentative map as shown on plans dated received by the Community Development Department September 17, 1991. The final map for Subdivision 7632 shall not be filled until final action is taken on the Final Development Plan (3008-91) and rezoning application filed on the subject property (2949-RZ). The final map shall reflect the final number of units approved. 2. Conditions of approval of Final Development Plan 3008-91 shall be complied with. The total number of units shall not exceed 22 units. 3. 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. 4. Covenants, Conditions and Restrictions shall be submitted for review with the Final Subdivision Map, subject to review by the Community Development Department. This document shall provide for establishment, ownership and maintenance of the common open space and parking, fire protection, fencing, private streets, and drainage maintenance and shall include the following: A. No recreational vehicle, boat trailer or mobile home shall be stored on the site overnight. B. Limit on types and number of pets. 5. The homeowners association shall be provided with a complete set of as-built plans for the project which shall include the location of all drainage facilities, utilities, buildings, irrigation pipes, slide and/or gully repair. 6. Prior to filing the Final Subdivision Map, plans shall be submitted to the Community Development Department for house numbering and approval of street name. 7. The dimensional layout of the lots of this subdivision are approved. The Zoning Administrator can review and administratively amend these if verified to be necessary. 8. At least 45 days prior to issuance of Building Inspection Department permits, 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 carry out the recommendations of the approved report. 9. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: 3. 7) 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 Flame Drive as required for the planned future width of 60 feet. C. Convey to the County, by Offer of Dedication, additional right of way on Elder Drive as required for the planned future width of 56 feet. D. Relinquish Abutter's rights of access along Flame Drive with the exception of the one entrance road. E. Relinquish abutter's rights of access along Elder Drive with the exception of the one entrance Road. F. Construct a 20 foot wide paved private roadway (as shown on the proposed Tentative Map) to County private road standards, within a 25 foot-foot easement, to serve all parcels in this proposed subdivision. No fence shall be within 5 feet of the proposed roadway. G. Install safety related improvements on Elder Drive (including traffic signs and barricades as approved by the Public Works Department. The project entrances on Flame Drive and Elder Drive shall be either street type connections with 20 foot radius curb returns or driveway depressions 10 feet in depth with curb returns of 5-foot radius. H. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from drainage across the sidewalks and driveways. ADVISORY NOTES A. Comply with the requirements of the Environmental Health Division. B. Comply with the requirements of the Contra Costa Water District. C. Comply with the requirements of the Building Inspection Department. D. Comply with the requirements of the Central Contra Costa Sanitary District. E. Comply with the requirements of the Contra Costa County Airport. F. Comply with the requirements of the West Contra Costa Sanitary District. G. Comply with the requirements of the Airport Land Use Commission.