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HomeMy WebLinkAboutMINUTES - 10131992 - H.3 H. 3 BOARD OF SUPERVISORS Costa ee FROM., HARVEY E. BRAGDON =4r �u DIRECTOR OF COMMUNITY DEVELOPMENT �''' DATE: OCTOBER 13, 1992 �Opx SUBJECT: HEARING ON REZONING APPLICATION 2946-RZ AND COMPANION APPLICATIONS D.P. 3004-91 AND SUBDIVISION. 7645, TO REZONE 57.1 ACRES OF LAND FROM GENERAL AGRICULTURAL (A-2) TO PLANNED UNIT DISTRICT (P-1) , FOR 38 LOTS. SUBJECT PROPERTY IS LOCATED IN THE OAKLEY AREA. APPLICATION FILED BY LOWELL WEIGHT. 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 2946-RZ, D.P. 3004-91 and Subdivision 7645 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. 44-1992 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 July 27, 1992, the East County Regional Planning Commission, after taking testimony, recommended that the Board of Supervisors approve this project for 38 lots subject to the Conditions of Approval and findings attached. FISCAL IMPACT None CONTINUED ON ATTACHMENT: YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM DA ON OF f OARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON _October 13 , 1992 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 Lowell Weight (applicant and owner) to rezone 5.71 acres of land from General Agricultural (A-2) ; to Planned Unit Development (P-1) (2946-RZ) , for approval of Final Development Plan #3004-91 proposing the construction of 38 single family residences and associated improvements in a P-1 zone, and for approval to subdivide 5.71 acres into 38 single family residential lots (Subdivision 7645) in the Oakley area. IDennis Barry,, CommunitY Development Department, presented the staff report on the proposed project and described the site location. Mr. Barry commented on the Planning Commission' s recommendation for approval for 38 lots subject to conditions of approval and findings. He also commented on the staff recommendation listed above. The public hearing was opened. The following person appeared to speak: Steven Cross,i Bellecci and Associates, Inc. , representing Lowell Weight, spoke in favor of the proposed project. The public hearing was closed. 1 . ' Supervisor Torlakson requested clarification on the inclusion of the police service area condition. Mr. Barry responded that it was condition #13 on page 4 of the conditions of approval. Supervisor Torlakson moved approval of the staff recommendations. IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3 , and 4 are APPROVED; and Ordinance No. 92-74, giving effect to the aforesaid rezoning is INTRODUCED; reading waived and October 27, 1992 is set for adoption of same. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT I TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF 4 SUPERVISORS ON THE DATE SHOWN. Contact Person: Art Beresford 646-2031 Orig: Community Development Department ATTESTED October 13 , 1992 cc: Bellecci & Associates PHIL BATCHELOR, CLERK OF Lowell Weight THE BOARD OF SUPERVISORS Public Works-Mitch" Avalon Ar CO ADMINISTRATOR BY AAM 4 44 DEPUTY r I'I 2 . i i EXHIBIT "A" CONDITIONS OF APPROVAL FOR REZONING 2946-RZ AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION - JULY 27-1992 1 . This approval is based upon the exhibits received by the Community Development Department listed as follows: A. Exhibit A - Revised Vesting Tentative Map dated received July 17, 1992 for 2946-RZ and SUB 7645 for 38 lots and single family residences on the 5.71 acre site, together with preliminary grading map for the site on the same sheet. B. Exhibit B - Schematic plan for the proposed soundwall and landscaping around the perimeter of the site dated received May 24, 1991 , except as modified by the above Vesting Tentative Map. 2. Sewage disposal serving the property concerned with this application is provided by the Oakley Sanitary District. 3. Water supply serving the property concerned with this application is 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. Total number of lots shall not exceed 38. The development may be developed in phases subject to the review and approval of the Zoning Administrator. One residence may be constructed on the site subject to the Zoning Administrator review and approval. AB/aa RZXVIII/2946-RZC.AB 6/23/92 7/27/92 - EC (a) EXHIBIT "A" CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN 3004-91 AND SUB 7645 AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING COMMISISON ON JULY 27 1992 1 . This approval is based upon the exhibits received by the Community Development Department listed as follows: A. Exhibit A - Revised Vesting Tentative Map dated received July 17, 1992 for 2946-RZ and SUB 7645 for 38 lots and single family residences on the 5.71 acre site, together with preliminary grading map for the site on the same sheet. B. Exhibit B,- Schematic plan for the proposed soundwall and landscaping around the perimeter of the site dated received May 24, 1991 , except as modified by the above Vesting Tentative Map. 2. The development may be done in phases subject to the review and approval of the Zoning Administrator. The approval of Final Development Plan 3004-91 shall run concurrently with the approval of SUB 7645. 3. Any revision of internal circulation plan and lot layout shall be subject to the review and approval of the Zoning Administrator. Prior to recording the final map, submit for the review and approval of the Zoning Administrator a site plan showing detailed house location and elevations, driveway, fencing plans, street tree locations. 4. Guide for development and use provisions of this site shall be as follows: A. Setback of residential units shall be varied between 15 and 20 feet. All garages shall have a setback of at least 20 feet if they face directly onto the street. Frontyard setback may be reduced to 15 feet for covered porches. Sideyard minimum shall be 5 feet with a total aggregate sideyard of 10 feet. For covered porches, sideyard minimum shall be 5 feet with a total aggregate sideyard of at least 10 feet. The R-6 zoning district shall be used as a guide for height and/or lot coverage and use of the site as well as the location of any detached sheds or outbuildings. Structures on Lots 19 through 28 shall be designed so that they have as few second story windows facing south as possible. Prior to the issuance of building permits, the applicant shall submit samples of color and exterior materials for review and approval of the Zoning Administrator. The residences of this development shall be of a neutral color and complementary. All garages of houses within this project shall be built with verticle opening garage doors. 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 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. Sewage disposal serving the,property concerned in this application will be provided by the Oakley Sanitary District. Prior to recording the final map, a will serve letter from the Oakley Sanitary District shall be submitted. 2. 7. Water supply serving the property concerned shall be by the Oakley Water District. Prior to recording the final map, a will serve letter from the Oakley Water District shall be submitted. 8. Street name 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 wherever feasible. B. Landscaping along all streets setbacks shall be developed for each front yard. Frontyard landscaping shall conform to the County Landscape Guidelines. C. Submit a revised street tree planting plan a minimum of four 15-gallon tree shall be planted for each corner lot with the exception of Lot 1. All other lots shall have a minimum of two 15-gallon street trees. A row of suitable street trees shall be planted along Mercedes Lane on 20 foot centers. The type and species of the street trees shall be acceptable to the Zoning Administrator. D. Fencing design and location shall be shown on the landscape plans. All fencing shall be designed to stand up in the sandy soil by use of suitable cement or wood clad metal poles. The frontage of the site on Laurel Road and on O'Hara Avenue shall be suitably fenced with a masonry wall with a periodic step back of three to five feet to provide visual relief from the usual straight walls located in this areas. The masonry wall shall be brought around the corner at Mercedes Lane. The fence fronting along the back of Lots 19 through 28 shall be a mixture of wood with other materials to help hold it up in the sandy soil. The fence shall have a height of at least six feet above the pad elevation of each lot. The masonry soundwall along Laurel Road and O'Hara Avenue shall be in place prior to the issuance of building permits for any lot of this subdivision other than one single family residences which may be built on the site. The fence/wall design along Mercedes Lane shall be extra sturdy and will be subject to the review and approval of the Zoning Administrator. E. The frontyard landscape plan shall be implemented or bonded prior to occupancy of units. 3. F. All landscaping shall be maintained by the applicant until occupancy or in the case of common areas and areas within the surrounding streets, annexation to the landscaping and lighting district. The applicant shall be required to annex into the appropriate landscape and lighting district. The applicant shall notify future homeowners by deed notice of the fact that the site is within a landscaping' and lighting district. G. Design, color and location of any project signs at the Mercedes Lane/Laurel Road intersection shall be reviewed and approved by the Zoning Administrator. H. Prior to construction of the masonry wall along Laurel Road and O'Hara Avenue and the fence on Mercedes Lane a detailed color rendering shall be submitted to the Oakley Municipal Advisory Council for their review and comment. Comments of the Advisory Council shall be submitted to=the Zoning Administrator for review prior to final approval of the design of the soundwall along Laurel Road, O'Hara Avenue and the fence on Mercedes Lane. I. A suitable path shall be developed within the 10-foot wide storm drainage easement connecting the .access road "A" Street with O'Hara Avenue. The walkway shall be fenced to a width of at least 6-feet with suitable materials acceptable to the Zoning Administrator. The most suitable material for the path would be concrete. The most suitable fence material is a 6-foot high wood fence designed to stand up in the sandy soil of the area. The walkway will connect with the sidewalk along O'Hara Avenue. 10. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the applicant shall record the following notice: "The subject property is located near a high voltage electric transmission line. Purchasers should be aware that there is ongoing research on possible potentia4 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 assessment has been made." When a Final Subdivision Public Report issued by the California Department of Real Estate is required, the applicant shall also request that the Department of Real Estate insert the above note in the report. 11 . The applicant shall show proof that water and sewage service is available prior to recording the Parcel Map. 4. 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 the open space areas of Contra Costa County and you should be fully aware of this at the time of purchase." - 13. Prior to or concurrent with the final map approval, the applicant agrees to participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the subdivision's area at the per parcel annual amount (with appropriate future CPI adjustment), then established by the Board of Supervisors. 14. Prior to recording the final map for this project, the developer shall submit well serve letters from the ,Oakley School District and Liberty Union High School District. 15. At least 30 days prior to recording a Final Map, issuance of a grading permit, Building Inspection Department 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 Zoning Administrator. Improvement, grading, and building plans shall carry out the recommendations of the approved report. 16. The report required above shall include evaluation of the potential for liquefaction, seismic settlement 17. 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. 18. 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 or times may be modified on prior written approval by the Zoning Administrator. 5. 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 shaft be reissued with eachphase 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. r 19. Conditions of Approval for 2946-RZ shall apply and be fulfilled, as necessary and as appropriate, prior;to the filing of the final map or issuance of a building permit for this project. The property shall be rezoned to the Planned Unit District (P-1) prior to the filing of the final map or issuance of a building permit. 20. Prior to the issuance of building permits and/or recording of the final map for this development the applicant shall submit a detailed transportation demand management plan (TDM) for review and approval of the Zoning Administrator. Approved TDM plan shall be operative' prior to the final inspection by the Building Inspection Department of this units of this development. 6. 21. Provision of a child care facility program is required for the development. The program shall be submitted for review and approval of the Zoning Administrator prior to recording the final map or issuance of building permits for this project. 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. Construct curb, gutter, six-foot meandering sidewalk, necessary longitudinal and transverse drainage, landscaping, irrigation and a soundwall. The soundwall shall be subject to review and approval of the Zoning Administrator. The face of curb shall be 15 feet from the ultimate right of way line. The ultimate Laurel Road profile is available from the Public Works Department, Road Engineering Division. Install "temporary" landscaping (drought resistant ground cover) between the new curb and the existing pavement. Construct a six-inch asphalt concrete dike that will formalize the intersection of Laurel Road and O'Hara Avenue. It shall extend the full length of the curb return (30-foot radius) and 50-feet on either side (or until it ties into curb). In lieu of constructing 20-feet of pavement along the Laurel Road frontage, contribute the equivalent cost to be deposited into Trust fund 8192. 2) Constructing road improvements along the frontage of O'Hara Avenue. Construct curb, gutter and six-foot meandering sidewalk, necessary longitudinal and transverse drainage, necessary pavement widening (pave between the new curb and the existing pavement and any additional that may be necessary to obtain at least 32-feet of pavement) landscaping, irrigation and a soundwall. The face of curb shall be 15 feet from the ultimate right of way line. The ultimate O'Hara Avenue profile is available from the Public Works Department, Road Engineering Division. 7. In lieu of constructing a half width median (complete with landscaping, irrigation and surface treatment), contribute the equivalent cost to be deposited into Trust Fund 8192. 3) Constructing road improvements along the frontage of Mercedes Lane. 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 10 feet from the ultimate right of way line. 4) Installing street lights along all roads including "A" Street, Laurel Road, O'Hara Avenue and Mercedes Lane and annexing the propeny-to County Service Area L-100 for maintenance of the street lights. The final num, ber and location of the lights shall be determined by the County Traffic Engineer. Install any additional pavement widening on Mercedes Lane that may be necessary to obtain a minimum 48-foot width pavement. Install pavement markings and striping on Mercedes Lane as necessary to provide for one 20-foot inbound lane, one 12-foot left turn lane and one 16-foot through and right turn lane. 5) Undergrounding of all utility facilities, including the existing utilities along the Laurel Road, O'Hara Avenue and Mercedes Lane frontages. 6) 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 shall construct line A-4 of. the Drainage Area 30A Plan from the southern boundary of this project to the detention basin located north of Laurel Road and east of O'Hara Avenue. (Subdivision 7640 just south of this project has also been required to construct line A-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. Verifying that all finished floor elevations are above the 100-year flood elevation. 8. Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 7) 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. 8) Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. The additional eight foot structure setback required elsewhere in these conditions of approval shall be shown on the Final Map. - B. Convey to the County, by Offer of Dedication, additional right of way on Mercedes Lane as required for the planned future width of 60 feet between the southerly property line of this project and "A" Street, and 68 feet between "A" Street and Laurel Road. C. 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. D. Convey to the County, by Offer of Dedication, additional right of way on O'Hara-Avenue as required for the planned future width of 110 feet. E. Observe an additional eight foot structure setback along Laurel Road. F. Relinquish abutter's rights of access along Laurel Road. G. Relinquish abutter's rights of access along O'Hara Avenue. H. 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. Sidewalk may be eliminated on the inside of the loop portion of "A" Street. The minimum right of way width shall be 40 feet, with a PUE to extend a minimum of 10 feet from the face of curb. No fences or structures shall be allowed between the face of curb and the front of the building. This will be recorded as a deed'restriction. The certificate language on the final map shall indicate that the PUE shall be kept clear of fences or structures. I. Install vertical rise garage doors on all garages. Provide automatic garage door openers;, for those homes with garages less than 20 feet from the back of sidewalk. 9. J. Furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available from Laurel Road along the proposed route as shown on the Vesting Tentative Map. K. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. L. 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 new plantings shall be guaranteed by the developer until the expiration of the plant establishment period and, until funds are available through a landscaping district. - M. 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 median islands, parkways and other areas ("open space" is specifically excluded). N. 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. 0. 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. P. 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. Q. Provide for' adequate sight distance at "A" Street, and Mercedes Lane in accordance with CALTRANS standards. R. Provide for adequate sight distance at Mercedes Lane and Laurel Road in accordancewith CALTRANS standards. S. Provide for adequate sight distance at Laurel Road and O'Hara Avenue in accordance with CALTRANS standards. a 10. T. Submit a sketch plan to the Public Works Department, Road Engineering 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. U. In lieu, contribution amount shall be based on Public Works Department, Engineering Services Divisions bond prices + 10% preliminary engineering + 12% constructing engineering. V. Widen the entrance "throat" section of "A" Street to 36 feet along Lot 1, and widen the sidewalk on the north side of the entrance to 6% feet. Provide a 10 foot wide emergency access easement over the PUE on the north side of the "throat" along Lot 1 . ADVISORY NOTES The applicant/owner should be aware of the following requirements prior to recording the Parcel 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. istrict:C. Comply with the'requirements of the Oakley Fire Protection District. D. Comply with therequirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. E. 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. F. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Oakley Area of Benefit as adopted by the Board of Supervisors. G. The applicant will be required to comply with the drainage fee requirements for Drainage Area 30A as adopted by the Board of Supervisors. H. In their motion, the Commision also expressed their support for the improvements requesed by Anne Allen, Principal of the Laurel School, expressed in her May 6, 1992 letter to the Public Works Department. 11 . Certain improvements required by the Conditions of approval for this development or the County Subdivision Ordinance Code may be legible 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/aa RZXVIII/2946-RZC.AB 6/23/92 7/21/92 7/27/92 (EC rev/df)