HomeMy WebLinkAboutMINUTES - 01211992 - H.6 H.6
TO: _OARD OF SUPERVISORS }
ra
FROM: HARVEY E. BRAGDON r,• C/O��la
DIRECTOR OF COMMUNITY DEVELOPMENT
County
DATE: DECEMBER 16, 1991
SUBJECT: REZONING - 2933-RZ, Final Development Plan #3038-90 and Sub-
-division #7603, Keys Court Project, 1.8 acres, R-10 to P-1 in
the Walnut Creek area. (S.D. III) .
SPECIFIC REQUEST(S) OR RECOMMENDATION S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation as being adequate.
2 . Approve file 2933-RZ, 1. 8 ' acres from R-10 to Planned Unit
District (P-1) .
3 . Approve Final Development Plan #3038-90 and Vesting Tentative
Map #7603 for the Keys Court Project subject to the conditions
recommended by the County Planning Commission.
4. Adopt the findings contained in resolution #43-1991 as the
basis for your Board's decision.
5. Introduce the ordinance giving effect to the rezoning; waive
reading and set date for adoption of the same.
DISCUSSION•
The project pertains to an existing development consisting of eight
(8) 35-year old single family residential units and an older ranch
house, all of which have been utilized as rental units. The nine
dwellings are situated on three parcels under common ownership and
are serviced by an existing dead-end road, Keys Court.
The proposal would create a' separate lot for each of the existing
residences.
The applicant is also proposing to remove the existing ranch house in the rear
of the property and replace it with two new residences. The proposed lot sizes
range from 4, 000 to 8, 000 square feet in area.
The applicant made the P-1 submittal to rezone the property at the suggestion of
staff. The purpose of this approach was to give the County a means of making
improvements (landscaping, structural) , to the existing dwellings and to create
on-going development standards for future development.
COMMISSION HEARING:
The project was heard by the County Planning Commission on November 12 , 1991.
Several letters from the tenants of the existing units were received; other-
wise, no one testified in oposition to the project.
Staff has recommended that the Commission require one (1) of the existing
dwellings to be removed and that an existing overhead transmission line be
removed. However, the applicant pursuaded the Commission to allow the dwellings
in question to be preserved and the overhead transmission line to remain.
The Commission voted 3-1 to recommend the Board approve the project with amend-
ed conditons.
Staff is recommending that the Board approve the Commissio
CONTINUED ON ATTACHMENT: %R YES SIGNAT
RECOMMENDATION OF-COUNTY ADMINISTRATOR RECOMME15PPION q, PBARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON January 21, 1992 APPROVED AS RECOMMENDED X OTHER
1.
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 Tzai Cheng Chen
(applicant and owner) to rezone 1 . 8 acres of land from Single Family
Residential District (R-10 ) to Planned Unit District (P-1) ( 2933-RZ) ,
with a variance to the minimum area requirement ( 5 acres minimum area
required) , for approval of a final development plan for a ten unit
single family residential development ( 3038-90 ) , and for approval of a
vesting tentative subdivision map for Subdivision 7603 to subdivide
1. 8 acres into ten lots in the Walnut Creek area.
Dennis Barry, Community Development Department, presented the
staff report on the request and the staff recommendations above.
The public hearing was opened and no one appearing in opposition,
the public hearing was closed.
Supervisor Schroder commented on the appropriateness of the
project and he moved the staff recommendation.
IT IS BY THE BOARD ORDERED that recommendations 1 , 2, 3 (Exhibit
A attached) , 4, and 5 are APPROVED; and as recommended in 5 , Ordinance
No. 92-5 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
PHIL BATCHELOR, CLERK OF
cc: T.C. Chen THE BOARD OF SUPERVISORS
Public Works Dept. COUNT DMINISTRATOR
Community Development
Attn: Robert Drake BY , DEPUTY
Assessor
County Counsel
Contra Costa County Consolidated
Fire Protection District
2.
FINDINGS AND CONDITIONS OF APPROVAL FOR FILE #2933-RZ, FINAL DEVELOPMENT
PLAN 3038-90 AND VESTING TENTATIVE SUBDIVISION_7603 (KEYS COURT -T. C. CHEN)
PER NOVEMBER 12,1991 COUNTY PLANNING COMMISSION APPROVAL.
FINDINGS
A. General Plan Compliance and Other Planned Unit District Findings
1. This site is on the boundary of two land use designations on the 1991
Countywide General Plan, Single Family Residential - Medium Density and
Multiple Family Residential - Medium Density. The proposed 10-unit project is
consistent with the amalgamation of density yields of the two designations for
this site.
2. The applicant intends to start construction within two and one-half years from
the effective date of zoning change and plan approval.
3. The Keys Court project as conditioned below to provide improvements and on-
going land use restrictions will constitute.a residential environment of sustained
desirability and stability, and will be in harmony with the character of the
surrounding neighborhood and community.
4. A restriction on the size of residences in this project is necessary in order to
prevent a congested neighborhood and potential safety problems.
B. Findings for Variance to Minimum P-1 Area Requirements
1. The Keys Court project will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity. The subject
property contains the only grouping of single family rental dwellings in the
neighborhood. The project largely consists of subdividing already existing
residences. The average lot size will be virtually equivalent to lots in the
neighborhood.
2. Strict application of the 5-acre minimum area requirement for the P-1 district
would deprive the Keys Court property of rights enjoyed by other properties in
the vicinity. The existing density of the project would preclude subdivision
under zoning rules which affect this site and other properties in the
neighborhood. Application of the R-10 zoning standards would not allow these
residences to be separately conveyed as are other houses in the neighborhood.
3. The granting of a variance to allow application of P-1 zoning to this residential
project of less than 5 acres substantially meets-the intent and purpose of the
Single Family Residential and Planned Unit districts.
2.
CONDITIONS OF'APPROVAL
General
1. Development shall be based on the following submitted exhibits except as modified by
the conditions below:
A. Revised Vesting Tentative Map/Final Development Plan dated received October.
18, 1991.
B. Preliminary Landscape Plan.
2. A maximum of 10 single family residential lots is permitted. At least 60 days prior to
filing a final map, a revised site plan shall be submitted for the review and approval of
the Zoning Administrator. Approval of Tentative Subdivision 7603 is contingent on
final approval of Rezoning File #2933-RZ and Final Development Plan#3038-90 by the
Board of Supervisors. The initial term of the final development plan-approval shall be
for three years from the effective date of the project. Extensions to the final
development plan approval may be granted consistent with the extension of time limits
allowed for the tentative map approved under the subdivision ordinance.
3. At least 60 days prior to filing a final map, all existing debris, dilapidated vehicles and
dead landscaping shall be removed from the site. All garages and carports shall be
cleaned so as to permit parking. All houses shall be painted. Existing garage doors
shall be replaced by automatic sectional doors. Existing overhead utility lines
(electrical, phone) on Lots #5 and #6 shall be undergrounded prior to occupancy of
new residences on those lots.
4. The applicant shall arrange to have the residences on Lots 1 - 4, 7 - 10 inspected for
compliance with building and health code standards by a professional residential
inspection firm which is a member.of the California Real Estate Inspection Association.
Any deficiencies shall be corrected and accepted by the Building Inspection
Department. At least 60 days prior to filing a final map, the applicant shall provide to
the Zoning Administrator copies of documents issued by either the private inspection'
firm or by the Building Inspection Department that the residences are in compliance
with the building code.
5. At least 60 days prior to recording a final map, all proposed parking and road,
turnaround improvements shall be completed. The improvements shall comply with
the requirements of the Public Works and Building Inspection Departments, and Fire
District. Any required permits for this work shall be finalized by the appropriate
agencies. All proposed exterior parking spaces and driveway areas shall be paved.
Repair to the existing guardrail along the road shall be completed.
3.
6. At least 90 days prior to filing a final map, the applicant shall submit a final landscape
plan prepared by a licensed landscape architect. for the review and approval of the
Zoning Administrator. The object of the plan shall be to improve the appearance of the
neighborhood and establish a strong neighborhood identity.. The plan shall provide for
the following:
A. A street tree program along Keys Court of at least two 15-gallon trees per lot
consisting of a common tree.
B. Frontyard landscaping as necessary to improve appearance of streetscape.
C. Automatic underground drip-irrigation improvements to service all frontyard
landscaping. The irrigation improvements shall be designed such that they are
operated by individual residences.
D. Proposed trees shall be a minimum 15-gallons in size; shrubs shall be at least
5-gallons.
E. Landscape improvements need not necessarily follow the preliminary landscape
plan submitted with the final development plan application.
F. Fenced enclosure of all rear yard areas.
G. Trees and shrubbery along the Overlook Drive frontage of lots 1 and 10 so as
to screen the yards of these residences from view.
H. The improvements on the approved landscape plans shall be installed at least
30 days prior to filing a final `map. The applicant shall notify the Zoning
Administrator that the completed improvements are ready to be inspected and
accepted.
Residential Design Guidelines
7. Except as shown on the approved Tentative Map/Final Development Plan, all
development shall adhere to the R-6 zoning district standards. Variances to those
standards may be approved by the Zoning Administrator following an opportunity to
comment by any homeowners association established by this project.
8. The size of residences within this project shall be limited to assure protection of a
desirable and functional neighborhood environment. Structure design (including future
remodeling) of all lots shall be limited to a maximum of two stories, three bedrooms,
and provide for no expansion of the existing building coverage.
4.
The design of the proposed residences,on Lots 5 and 6 shall be reduced to not exceed
2,000 square feet in floor area and comply with the above-listed residential design
conditions. The grading on Lots 5 and 6 shall be modified to comply with the property
line setback requirement of the Grading Ordinance.
Any request to allow a larger structure shall be considered by an'application for
amendment to the final development plan for the project.
9. Remodeling of any garages shall provide for automatic sectional garage doors.
Covenants, Conditions and Restrictions
10. To notify future owners of the residential size limitations established by this approval,
Covenants, Conditions and Restrictions shall be required with this project or other
suitable perpetual notification document. At least 30 days prior to filing a final map,
the applicant shall submit a copy of the document to the Zoning Administrator. The
document shall clearly disclose the residential structure size limit on the properties in
this project.
Construction Noise and Disturbance Controls
11 . Noise generating construction activities shall be limited to the hours of 7:30 A.M. to
5:00 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 of the Zoning Administrator.
12. Construction activity shall be structured to avoid any sustained traffic blockages during
the hours of 7:00 A.M. to 9:00 A.M. and 4:30 P.M. to 6:30 P.M.
13. At least one week prior to commencement of any major construction activity, the
applicant shall post the site and mail to the owners of the property within 300 feet
of the exterior boundary of the project site that construction work will commence. The
notice shall include a list of contact persons with name, title, phone number and area
of responsibility. The person responsible for maintaining the list shall be included. The
list shall be kept current at all times and shall consist of persons with authority to
initiate corrective action in their area of responsibility. The names of individuals
responsible for noise, dust, and litter control, construction traffic control shall be
expressly identified in the notice.
A copy of the notice shall be concurrently transmitted to the Community Development
Department. The notice shall be accompanied by a list of the names and addresses
of the property owners noticed, and a map identifying the area noticed.
5.
Road, Drainage and Utility Reauirements
14. 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 Overlook Drive.
Constructing curb, four-foot six-inch sidewalk (width measured from
curb face), necessary longitudinal and transverse drainage, and
necessary pavement widening along the frontage will satisfy this
requirement. The face of curb shall be consistent with an ultimate
alignment for Overlook Drive and shall provide for a minimum width of
pavement along the subdivision frontage of 24 feet.
2). Street lighting is not required.
3) Constructing a paved turnaround at the end of the proposed private
road.
4) Undergrounding of the utility distribution facilities crossing Overlook
Drive to serve the subject property.
5) 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 public storm drainage facility which conveys the
storm waters to a natural watercourse. Collecting and conveying storm
waters to the watercourse just upstream of the intersection of Overlook
Drive and Parkside Drive, along with replacing the inadequate crossings
of the road side ditch along Parkside Drive at Overlook Drive, Hillside
Court, Buena Vista Avenue and San Juan Avenue, as necessary, .will
satisfy this requirement.
The Ordinance prohibits the discharging of concentrated storm waters
into roadside ditches.
6.
6) Designing and constructing storm drainage facilities required by the
Ordinance in complianceivith specifications outlined in Division 914 of
the Ordinance and in compliance with design standards of the Public
Works Department.
7) Installing, within a dedicated drainage easement, any portion of the
drainage system which 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.
9) Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
B. Relinquish abutter's rights of access along Overlook Drive with the exception
of the Keys Court intersection.
C. Construct the on-site driveway system to current County private road standards
with a minimum width of 20 feet.
D. Furnish proof to the Pubic Works Department, Engineering Services Division,
that legal access to the property is available from Overlook Drive.
E. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalk and driveways.
F. Provide for adequate sight distance at Overlook Drive in accordance with
CALTRANS standards.
G. Provide for an adequate horizontal curve on Overlook Drive to the north of the
property or verify that the existing curve is adequate in accordance with
CALTRANS standards or as approved by the Public Works Department, Road
Engineering Division.
H. Obtain an encroachment permit from the Public Works Department,Application
and Permit Center,for construction of driveways,or other improvements within
the right of way of Overlook Drive.
i. 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.
7.
ADVISORY NOTES
A. Comply with the requirements of the Contra Costa County Consolidated Fire Protection
District.
B. Comply with the requirements of the Central Sanitary District, East Bay Municipal
Utility District, and Health Services Department.
C. The vesting tentative map application was accepted as complete on December 25,
1990. All subdivision infrastructure fees shall be based on the fees in effect at that
time.
D. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Central County Area of Benefit as adopted
by the Board of Supervisors.
RD/aa
Report2.7603C.RD
8/26/91
11/1/91
11/12/91 - P/C Rev.,(v)
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