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HomeMy WebLinkAboutMINUTES - 10131992 - H.4 r > _ E _,.o�, H. 4 - •'� � =''• Contra C TO: BOARD OF SUPERVISORS ` - ta - x. =a.'s FROM: HARVEY E. BRAGDON County •�', _ e� .. ••• ••� DIRECTOR OF COMMUNITY DEVELOPMENT �'• _ DATE: srq �o... . OCTOBER 13, 1992 SUBJECT: HEARING ON REZONING APPLICATION 2981-RZ AND COMPANION APPLICATIONS D.P. 3002-92 AND SUBDIVISION 7758, TO REZONE 7.1 ACRES OF LAND FROM GENERAL AGRICULTURAL (A-.2) TO PLANNED UNIT DISTRICT (P-1) , FOR 27 LOTS. SUBJECT PROPERTYIS LOCATED IN THE OAKLEY AREA. APPLICATION FILED BY BELLECCI AND ASSOCIATES AND SEECON. 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 2981-RZ, D.P. 3002-92 and Subdivision 7758 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. 45-1992 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 27 lots subject to the Conditions of Approval and findings attached. FISCAL IMPACT None CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMERUMON OF B D COMMITTEE APPROVE OTHER BIGNATURE(S) : ACTION OF BOARD ON October 13 , 1992 APPROVED AS RECOMMENDED X OTHER This is the gime 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 Seecon (owner) for approval to rezone 7. 1 acres of land from Planned 'Unit District (P-1) for 17 single family lots to Planned Unit District (P-1) for 27 single family lots ( 2981-RZ) , for approval of final 'development plan #3002-91 proposing the construction of 26 single family units and associated improvements in a P-1 zone together with a single family lot with an existing residence on it, and for approval to subdivide 7.1 acres of land into 27 single family residential lots (Subdivision 7758) in the Oakley area. Dennis 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 with conditions and he also commented on the staff recommendations listed above. The public hearing was opened and the following person appeared to testify: Steven Cross, Bellecci and Associates, Inc. , applicant, spoke in favor of the proposed project. The public hearing was closed. Supervisor Torlakson moved approval of the proposed project. IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3 , and 4 are APPROVED; and 'Ordinance No. 92-75 giving effect to the 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 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 Seecon THE BOARD OF SUPERVISORS Public Works-Mitch Avalon COUNT MINISTRATOR BY , DEPUTY 2 . EXHIBIT "A" CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3002-92 AND SUB 7758 AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION - JULY 27 1992 1. This approval is based upon the exhibit received by the Community Development Department as listed as follows: A. Exhibit A: Vesting Tentative Map dated received March 24, 1992 for D.P. 3002-92 and SUB 7758 for 27 lots in single family residences on a 7.1 acre site, together with a preliminary grading plan for the site on the same sheet. 2. This development may be done in phases subject to the review and approval of the Zoning Administrator. The approval of Final Development Plan 3002-92 shall run concurrently with the time limits of SUB 7558. Upon request and payment of a proper fee, a three year extension of time to establish the development plan and subdivision can be granted with this approval the approval for D.P. 3028-90 and Subdivision 7581 is null and void. 3. Any revision of internal circulation plan and lot layout shall be subject ter review and approval of the Zoning Administrator. Prior to recording the final map submit for the Zoning Administrator's review and approval, a site plan showing house locations, number of stories, driveways, fencing plans, and street tree locations. 4. The guide for development and use provisions of this development shall be the single family residential district R-10. A. Setback for residential units shall be varied between 20 and 25 feet. All garages shall be a setback of at least 20 feet if they are to face directly onto the street. Frontyard setbacks may be reduced to 15 feet for covered porches. Sideyard minimum shall be 5-feet with a total aggregate sideyard of 15-feet. For covered porches sideyard minimum shall be 5-feet with a total aggregate sideyard of 10-feet. Lots that front on cul-de-sacs may have a sideyard minimum iof 5-feet with a aggregate of 10-feet. The R-10 district shall be used as a guide for height and/or lot coverage of any detached sheds or garages. 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 residence shall be of neutral color and shall be complimentary. 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. 2. 6. Sewage disposal serving the property concerned in this application shall be provided by the Oakley Sanitary District. Prior to recording the final map for this subdivision, will serve letters, from the Oakley Sanitary District shall be submitted to the Zoning Administrator. 7. Water supply servicing the property concerned with this development shall be provided by the Oakley Water District. Prior to recording the final map, will service letters from the Oakley Water District shall be submitted for the Zoning Administrator's review. 8. Prior to filing the final map, plans shall be submitted for the review by the Community Development Department, Graphics Section, to obtain addresses and for street name approval. Alternate street names shall be submitted in the event of duplication and to avoid similarity with existing street names. The final map cannot be certified by the Community Development Department without the approval of street naffs and the assignment of street addresses. Street names shall also be acceptable to the Oakley Fire Protection District. 9. At least 30 days prior to recording the final map of the site, the applicant shall submit a landscape plan conforming to the County Water Conservation policy and to the Oakley Landscape Guidelines. A. Native drought tolerant plants shall be used whenever feasible. B. Landscaping along all street setbacks and each front yard shall conform to the County Landscape Guidelines. C. Submit a street tree planting plan. A minimum of two 15-gallon trees for each lot shall be planted except the corner lot shall have at four 15-gallon size trees planted. Street trees shall be planted prior to occupancy of residences on the site with the exception of Lot #6. D. Frontyard landscaping plan shall be submitted for review and approval of the Zoning Administrator and shall be implemented prior to occupancy of various residences on the site. An exception is granted for the requirement of landscaping for Lot #6, which already has an existing residence upon it. E. All landscaping shall be maintained by the applicant until occupancy or until annexation to a landscaping and lighting district, if that should occur. The applicant shall be required to annex if and when the district is formed. Future homeowners shall be notified by deed notification of th3 fact that the site is within a landscaping and lighting district and/or a park district, if that should be formed prior to recording the final map. • 3. F. The perimeter of the site shall be fenced with suitable wood fence with cement pilasters or other materials every 16 feet to hold the fence up in the sandy soil subject to the review and approval of the Zoning Administrator with the exception of Lots 9 to 18 where good neighbor type of fences are allowed. An exception is granted Lot #6 which may be fenced with a cyclone fence with or without wood slats subject to the agreement of neighboring owners to the west and north. G. Grading plans shall include erosion protection of all slopes of five feet or more in height and gradient steeper than 10%. Protection shall be equal to or better than hydroseeding with mulch. Hydroseeding of all cut and fill slopes shall as recommended by a certified landscape architect. H. Large P.G.&E. electrical transformer boxes shall be placed as pe6,mdinance. I. Grading shall be redesigned so that the fill slopes beind Lots 15 to 21 falls on the neighboring properties all subject to the neighboring proeprty owners granding grading releases. 10. Prior to or concurrent with final map approval, the applicant agrees to participate in the provision of funding to maintain or augment police services by voting to approve a special tax for this subdivision's area at the per parcel annual amount (for the appropriate future, CPI adjustment) established by the Board of Supervisors. 11. Where a lot/parcel is located within 300 feet of a high voltage electric transmission line, the applicantshall 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 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 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. 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: 4. "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 issuance of building permits, the applicant shall submit a detailed Transportation Demand Management (TDM) plan for the review and approval of the Zoning Administrator. The approve TDM plan shall be operative prior to final inspection of residences in this development by the Building Inspection Department. 14. At least 45 days prior to recording a Final Map, 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. 15. The report required above shall include evaluation of the potential for liquefaction, seismic settlement. 16. 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. 17. 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. 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 5. 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-.pr-ogram 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. 18. In the event this project is restricted by declaration of Covenants, Conditions and Restrictions (CC & R), they must be submitted for review and approval of the Community Development Department. The CC & Rs must, of course, meet applicable regulations of the California Real Estate Commission. 19. Prior to recording the Final Map for this development, will serve letters from the Oakley School District and Liberty Union High School District shall be submitted to the Zoning Administrator. 20. Comply with the requirements of the Contra Costa County Water District in regards to their easement across the site for a lateral pipe. The development should be done in such a way that it is acceptable to the Contra Costa County Water District and will allow them to maintain their facility across the site. Also, run-off from this property shall be prevented from draining into the Contra Costa Canal facilities. All plans, specifications and grading design within this development shall be reviewed and approval by the Contra Costa County Water District prior to recording the final map for this subdivision or the beginning of grading on the site. 21. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: 6. 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 eequirements: 1) 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 Public Works Department, Road Engineering Division. 2) Install all new utility distribution services underground. 3) Conveying all storm waters entering or originating withimthe subject property, without diversion and within an adequate storrn 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 this requirement the applicant should construct Line A-5 of the Drainage Area 30A plan. 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. 5) Verifying that all finished floor elevations are above the 100-year flood elevation. 6) 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. 8) Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor: C. If access to Subdivision 7758 is to be through Subdivision 7031 the final map for Subdivision 7031 must be filed, and the access roads bonded, prior to filing the final map for Subdivision 7758. Furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available through Subdivision 7031 to a public street. OR 7. If access is to O'Hara Avenue, the off-site portion of the access road shall be constructed to County Public Road Standards with a minimum width of 28 feet. The roadway shall be constructed so that it may ultimately be constructed to a 36 foot wide road way centered within the existing 56 foot wide easement. D. 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. E. 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. F. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. G. 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 borders and other areas ("open space" is specifically excluded). H. 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. I. Provide deed notification to those parcels that access off Stonewood Way, and install signage at the end of the road, to inform prospective property owners that Stonewood Way may be extended in the future. J. Share in alternate access improvements required of Subdivision 7031 in proportion to the number of lots in each development. K. Relinquish abutters rights of access along Stonewood Way at proposed Lots #3, #14, #15, and #25. ADVISORY NOTES A. The project lies within the 100-year flood boundary as designated on the Federal Emergency Agency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 87-65) as they pertain to future construction of any structures on this property. B. Comply with the requirements of the Oakley Sanitary District. 8. C. Comply with the.requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. Building permits are required prior to construction of residences and most other structures. D. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay - Region II or Central Valley - Region V). E. The applicant will be required to comply with the requirements of the Bridge/ThorougN'fare Fee Ordinance for the Oakley/North Brentwood Area of Benefit as adopted by the Board of Supervisors. F. The applicant will be required to comply with the drainage fee requirements for Drainage Area 30A as adopted by the Board of Supervisors. G. 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. H. Comply with the requirements of the Oakley Fire Protection District per their letter dated May 11 , 1992. AB/aa SUBVIII/7758C.AB 7/14/92 7/27/92 (EC-df)