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TO: BOARD OF SUPERVISORS �; Costa
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Count
FROM: HARVEY E.
BRAGDON "'• `'� Y
DIRECTOR OF COMMUNITY DEVELOPMENT �; .s
DATE: August. 5, 19921 Uriti
SUBJECT: Hearing on 2976-RZ to rezone 5.84 acres of land at #100 Vernal Drive
from Single Family Residential (R-40) to Planned Unit District (.P-1)
and Development Plan 3038-91 to construct nine homes and Vesting
Tentative Map 7725 for a subdivision filed by Walt Foskett,. in the
Alamo area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Approve Rezoning Application 2976-RZ as recommended by the San
Ramon Valley ,Regional Planning Commission.
2. Approve Development Plan 3038-91 with amended conditions,
Exhibit A attached hereto and by reference incorporated herein
as recommended the by the San Ramon Valley Regional Planning
Commission.
3 . Approve Vesting Tentative Subdivision Map 7725 with amended
conditions, Exhibit A attached hereto and by reference
incorporated herein as recommended the by the San Ramon Valley
Regional Planning Commission.
4. Adopt the San Ramon Valley Regional Planning Commission
reasons or findings as set forth in its Resolution No. 34-1992
as determination for these actions.
5. Introduce the Ordinance giving effect to the aforesaid
rezoning, waive reading and set for adoption of same.
6. Accept the environmental documentation prepared for this as
being complete and adequate.
FISCAL IMPACT
None
CONTINUED .ON ATTACHMENT: x YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND ION UF OARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON October b , APPROVED AS RECOMMENDED X OTHER
See Addendum for Board action
i
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.
Contact: Debbie Drennan-646-2031 ATTESTED October 6 , 1992
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Public Works Department THE BOARD OF SUPERVISORS
DeBolt Civil Engineering COU T ADMINISTRATOR
Walt Foskett
BY ° , DEPUTY
DD/df
s
Page Two
BACKGROUND/REASONS FOR RECOMMENDATIONS
The background for this project is reviewed in the June 10, 1992
staff report to the San Ramon Valley Regional Planning Commission.
After taking testimony, the Commission voted unanimously to
recommend approval of nine lots with modified conditions.
The major consideration in the Commission's review of the project
concerned the subdivision layout and grading of the site. The
Commission determined there was no justification for placing the
existing knoll on the property within a scenic easement therefore
modifying the subdivision layout. Lots 5, 6 and 7 were redesigned
for two lots to !obtain more consistency with the adjacent
properties to the east and south. Staff had recommended grading of
the site be minimized to greatest extent possible by avoiding
angular pads and constructing homes with the topography (i.e. ,
step-on-grade) . The Commission modified staff's recommendation
conditioning the project to be a balance of cut and fill giving
some consideration to minimal grading, with final review by the
Zoning Administrator.
ADDENDUM TO ITEM D.3
OCTOBER 6, 1992
On September 15, 1992, the Board of Supervisors deferred to this date the
decision on the recommendation of the San Ramon Valley Regional Planning
Commission on the request (2976-RZ) by DeBolt civil Engineering (applicant) and Walt
Foskett (owner) to rezone 5.84 acres from Single Family Residential (R-40) to Planned
Unit District (P-1) with a preliminary development plan, for final development plan
approval for ten residential units (3038-91).. and for vesting tentative map approval to
subdivide 5.84 acres into ten lots (Subdivision 7725); and also to consider the
establishment of a 15-toot hiking and bicycling trail to connect Fairdale Way with the
Trotter Way/l.ivorna intersection. A segment of that trail is proposed to align with the
eastern boundary of the subject Foskett property in the Alamo area.
On the recommendation ol'Supervisor Schroder, IT IS BY THE BOARD
ORDERED that recommendations 1; 2 with amended conditions, 3 with amended
conditions, 4, 5, and 6 are APPROVED; and Ordinance No. 92-70, giving effect to the
rezoning, is INTRODUCED, reading waived, and October 20, 1992, is set for adoption of
same.
EXHIBIT A
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN 3038-91 , REZONING 2976-RZ
AND SUBDIVISION 7725 (DeBolt Civil Engineering/Foskett) PER 10/6/92 BOARD OF
SUPERVISORS APPROVAL
FINDINGS
1 . The applicant has indicated that he intends to commence construction within two and
one-half years of the effective date of final project approval.
2. The proposed planned unit development is consistent with the County General Plan.
The proposed site plan is consistent with the 1991 Foskett General Plan Amendment
which designates the site for Single Family Residential-Low Density uses. The
condition of approval will minimize grading activities, limit home square footage and
height to reduce these impacts on adjacent neighbors.
3. The project will constitute a residential environment of sustained desirability and
stability, and will be in harmony with the character of the nearby community.
The project unit density is in accord with the 1991 Foskett General Plan for this area.
CONDITIONS OF APPROVAL
General
1. Development shall be based on the following submitted exhibits and documents except
as modified by the conditions below. All conditions require compliance prior to filing
the map unless otherwise specified.
A. Vesting Tentative Map dated November 6, 1991 .
B. Final Development Plan dated November, 1991 .
C. Architectural Guidelines.
D. Preliminary Geologic Report, September 20, 1989, Western Geologic.
2. A maximum of 10 residential lots shall be permitted. Approval of Vesting Tentative
Map 7725 is contingent on final approval of Rezoning File #2976-RZ and Final
Development Plan 3038-91 . The initial term of the Final Development Plan approval
shall be for three (3.) years from the effective date of the project. Extension may be
granted consistent I with the extension of the time limits allowed for the vesting
tentative map approved under the subdivision ordinance.
3. At least 60 days pr for to filing the final map or issuance of a grading permit, the
applicant shall submit a revised site/grading plan, architectural guidelines, and final
landscape plan for the review and approval of the Zoning Administrator. The revised
site plan shall provide as follows:
2.
A. The access road shall be narrowed to 28-foot road within a 32-foot right-of-
way.
B. A minimum 12-foot wide emergency vehicle access road extending northward
from the proposed access road and connecting with a similar EVA road required
for the Anderson project (SUB 7456). Prior to submittal, the San Ramon Valley
Fire Protection District shall be provided an opportunity to comment on the
proposed EVA.
C. Lots fronting on Vernal Drive shall observe a structure setback of 50 feet for
any home constructed. The Zoning Administrator may reduce this setback
based on the showing of adequate design and landscaping, and taking into
consideration the existing setback along Vernal Drive.
D. A landscape/irrigation plan as described in Condition #14 below. Approved
eastern perimeter landscaping shall be installed prior to issuance of any building
permit.
4. At least 30 days prior to issuance of a building permit, development plans for individual
residences shall be submitted for the review and approval of the Zoning Administrator.
The submittal shall consist of the proposed site plan, building and fencing elevations,
color palette and material board of roofing and exterior walls, floor plan and
landscape/irrigation plan for entire yard areas for the review and approval of the Zoning
Administrator. Construction detail plans shall not be submitted unless specifically
requested by the Zoning Administrator. The purpose of the review shall be to assure
that the design and appearance of the development is compatible with the surrounding
area. Particular attention shall be given to proposed development on Lots 5, 6, 7, 9,
and 10. Photos or special exhibits may be required to aid in the review of proposed
development.
Grading
5. Graded level building pads may be permitted to provide access to the back portion of
the property, consistent with the proposed access road and where necessary to install
drainage improvements that are visually consistent with the area, eliminating the need
to install unsightly B-58 ditches.
6. Grading shall be performed in a manner consistent with other subdivisions in the
surrounding area, and grading designs shall be cut and fill balance. The cut and fill
along the eastern property line shall not exceed a finished grade elevation change of
four feet. Grading plans for the entire site shall be submitted for review and approval
of the Zoning Administrator prior to filing the map.
3.
7. Prior to issuance of a grading permit, submit detailed erosion control plans. The plans
shall include use of sediment catch basins, provided detailed measures to control
erosion of stockpiled earth and exposed soil, and include information in a monitoring
program of the plans effectiveness. Aspects of the plan should include:
A. Any sediment that accumulates off-site shall be removed, and additional silt
fences or hay bales placed to intercept sediment generated during construction.
B. Concentrated run-off or sheet flow shall not be allowed to move over cut or fill
slopes, with drainage features incorporated into the plan to protect these and
other areas from disturbance from erosion.
C. Cut slopes shall be stabilized using hydromulching or an alternative but equally
effective method and revegetation as approved by the Zoning Administrator
preferably with species common to the area.
8. Top soil within the limits of areas to be graded shall be removed and stockpiled and
redistributed over the soil surface to facilitate re-establishment of vegetative cover.
Geotechnical
9. At least 60 days prior to 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 Planning Geologist. Improvement, grading, and building plans shall carry out the
recommendations of the approved report.
10. The report required above shall include evaluation of the potential for liquefaction,
seismic settlement.
1 1 . Record a statement to run with deeds to the property acknowledging the approved
report by title, author (firm), and date, calling attention to approved recommendations,
and noting that the report is available from the seller.
Construction Period Restrictions
12. Comply with the following construction, noise, dust and litter control requirements:
A. Noise generating construction activities, including such things as power
generators, 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
by the Zoning Administrator.
.4.
B. The project sponsor shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition and shall
locate stationary noise-generating equipment such as air compressors and
concrete pumpers as far away from existing residences as possible.
C. At least one week prior to commencement of grading, the applicant shall post
the site and mail to the owners of property within 300 feet of the exterior
boundary of the project site notice 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 indicate and implement corrective action in their area
of responsibility. The names of the individual responsible for noise and litter
control shall be expressly identified in the notice. The notice shall be reissued
with each phase of major grading activity.
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.
D. A dust and litter control program shall be submitted for the review and approval
of the Zoning Administrator. Any violation of the approved program or
applicable ordinances shall require an immediate work stoppage. Construction
work shall not be allowed to resume until, if necessary, an appropriate
construction bond has been posted.
E. The applicant shall make a good-faith effort to avoid interference with existing
neighborhood traffic flows. Prior to issuance of building permits, the proposed
roads serving this development shall be constructed to provide access to each
lot. This shall include provision for an on-site area in which to park earth
moving equipment.
Landscape Improvements
13. Prior to final occupancy of Lots 1 and 10 trees as indicated on the landscape plan shall
be installed. Trees shall range from 5-gallon to 24-inch box, displayed in a random
pattern along the Vernal Drive frontage, and of a drought-tolerant native species,
proposed plan recommending measures to protect trees as appropriate during the
construction and post-construction stages. The recommended measures from the
arborist shall be integrated into or otherwise attached to the proposed grading plan.
The landscaping shall be guaranteed for a minimum of two years. It shall be the
responsibility of the project applicant to replace any landscaping that does not survive
the first two years.
5.
14. Submit a landscape and irrigation plan certified by a landscape architect which
complies with the Landscape and Water Conservation Ordinance, which serves to
screen views of these developments from adjacent properties for the review and
approval of the Zoning Administrator. Native species shall be used to the greatest
extent possible. Planting shall be provided at the following locations where open
views of the site are possible:
A. Intermittent plantings along the southern boundary of the Foskett subdivision,
particularly in the vicinity of Lots 6, 9, and 10.
B. Continuous planting along the eastern boundary.
C. The approved plan shall be installed prior to completion of subdivision
improvements.
15. Prior to filing the map, submit a copy of Covenant, Codes and Restrictions for review
and approval of the Zoning Administrator. The CC & Rs shall provide for the following
additional requirement/modifications to the submitted Architectural Guidelines:
A. The requirement in Condition #4 for prior review of development plans of
individual residences shall be referenced.
B. Structures shall be sited and designed to achieve a harmonious relationship with
the site and surrounding area. Homes shall be designed and landscaped
compatible with the surrounding area.
C. Proposed lot coverage (house and garage) shall be noted on development plans
and shall not exceed 25% of the net lot area.
D. All approved frontyard landscaping shall be installed prior to occupancy of the
residence.
E. No opaque fences shall extend beyond the front corner of the home. Establish
a road maintenance agreement to ensure future maintenance of the private
road.
F. Decks shall not exceed four-feet in height.
16. 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.
Road, Drainage and Utility Requirements
17. 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 a paved turnaround at the end of the proposed private
road.
2) Undergrounding of all utility distribution facilities.
3) 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.
The development is located in an area with a history of flooding due to
inadequate area drainage. The collect and convey requirement may
include significant off-site drainage improvements.
The stand of dense riparian vegetation at 110 Fairdale Way may
constitute a wetland feature. That property is beyond the control of this
subdivider. Riparian vegetation should not be substantially removed as
part of any drainage improvements for the project, to the extent
consistent with engineering requirements.
Drainage improvement plans shall identify the location of the riparian
vegetation. At least 60 days prior to accepting the final map, a copy of
the drainage improvement plan shall be forwarded to the California
Department of Fish and Game to determine if a permit is required
pursuant to Section 1601 of the Public Resources Code. If a permit is
required, then the applicant shall submit evidence that the project is in
compliance with the permit requirement.
4) 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.
7.
5) Submitting improvement plans prepared by a registered civil engineer,
payment of review and inspection fees, and security for all improve-
ments 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 Public Works Department,
Road Engineering Division.
6) Submitting a Parcel Map prepared by a registered civil engineer or
licensed land surveyor.
B. Provide for adequate sight distance at the private road intersection with Vernal
Drive based on a design speed of 25 miles per hour in accordance with
CALTRANS standards.
C. Widen Vernal Drive along the property frontage for a half-width of 18 feet.
Construct a four-foot, six-inch asphalt path along the Vernal Drive frontage and
extending along Vernal Drive to Livorna Road.
D. Construct a 28-foot paved private roadway to County private road standards,
within a 32-foot easement,to serve all parcels in this proposed subdivision with
concrete curb.
E. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across driveways.
F. Mitigate the impact of the additional storm water run-off from this development
on San Ramon Creek by:
1) Removing 1 cubic yard of channel excavation material from the
inadequate portion of San Ramon Creek by Chaney Road for each 50
square feet of new impervious surface area created by the development.
All excavated material shall be disposed of off-site by the developer at
his cost. The site selection, land rights, and construction staking will be
by the Flood Control District. OR....
2) Upon written request, the applicant may make a cash payment in lieu of
actual excavation and removal of material from San Ramon Creek. The
cash payment will be calculated at the rate of 50.10 per square foot of
new impervious surface area created by the development. The added
impervious surface area created by the development will be based on
the Flood Control District's standard impervious surface area ordinance.
The Flood Control District will use these funds to work on San Ramon
Creek annually.
8.
G. Mitigate the impact of the additional storm water run-off from this development
on Miranda Creek by contributing to the County Deficiency Trust Fund a
drainage fee of $0.10 per square foot of impervious surface area created by the
development. This added impervious surface area will be based on the Flood
Control District's standard impervious surface area ordinance. The contribution
is in addition to the San Ramon contribution (Fund No. 812100-800).
H. Furnish proof to the Pubic 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.
I. Establish a maintenance agreement to ensure future maintenance of the private
road.
J. Observe a 50-foot to 60-foot setback from Vernal Drive to Lots 1 and 10.
ADVISORY NOTES
A. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Alamo Area of Benefit as adopted by the
Board of Supervisors.
B. Applicant shall comply with the Park Dedication Fee Ordinance.
C. ;Comply with the requirements of the Central Contra Costa Sanitary District (see
attached).
D. Comply with the requirements of the San Ramon Valley Fire Protection District (see
.attached).
E. Comply with the requirements of the Health Services Department, Environmental
.Health Division.
F. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
G. This project may be subject to the requirements of the Department of Fish & Game.
The applicant should notify the Department of Fish & Game, P.O. Box 47, Yountville,
California 94599, of any proposed construction within the development that may
affect and fish and wildlife resources, per the Fish and Game Code.
H. Consideration should be given to providing a bicycle and pedestrian trail from Fairdale
Way to Anderson property to the north subject to the review and approval of the
Zoning Administrator and the Public Works Department.
ij
9.
I. This project may also be subject to the requirements of the United States Army Corps
of Engineers. The applicant should notify the appropriate district of the Corps of
Engineers to determine if a permit is required.
J. The stand of dense vegetation on the adjacent property at 110 Fairdale Way constitute
a wetland feature. That property is beyond the control of this subdivider. Riparian
vegetation should not be substantially removed as part of any drainage improvements
for the project, to the extent consistent with engineering requirements.
Drainage improvement plans shall identify the location of the riparian vegetation. At
least 60 days prior to accepting the final map, a copy of the drainage improvement
plan shall be forwarded to the California Department of Fish and Game to determine
if a permit is required, then the applicant shall submit evidence to the Public Works
Department that the project is in compliance with the permit requirement.
K. Comply with the requirements of the San Ramon Unified School District through
payment of school district fees.
DD/RD/aa
RZXVI/2976-RZC.DD
5/20/92
6/4/92
6/10/92 (SRV-df)
12/30/92