HomeMy WebLinkAboutMINUTES - 11031992 - D.3 • •� � - -•'• Contra
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ro: BOARD OF SUPERVISORS Co,',: Cto
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SROM: HARVEY E. BRAGDON County
DIRECTOR OF COMMUNITY DEVELOPMENT 40
DATE: October 27, 1992 K
SUBJECT: HEARING ON REZONING APPLICATION 2954-RZ, AND COMPANION APPLICATIONS
D.P. 3009-91 AND SUBDIVISION 7556, TO REZONE 5.39 ACRES OF LAND FROM
GENERAL AGRICULTURAL (A-2) TO PLANNED UNIT DISTRICT (P-1) , FOR 17 LOTS.
SUBJECT PROPERTY IS LOCATED IN THE WEST PITTSBURG AREA. APPLICATION
FILED BY GARRETT DEVELOPMENT.
SPECIFIC REQUEST(S) OR RECOXXENDATION(S) i BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Approve Rezoning Application 02954-RZ, D.P. 3009-91 and
Subdivision 7556 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 for in Resolution No. 51-1992 as the determination for
these actions.
4. Introduce the ordinance giving effect to the afores,
rezoning, waive reading and set forth date for adoption
same.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
On August 17, 1992, the East County Regional Planning Commission,
after taking testimony, recommended that the Board of Supervisors
approve this project for 17 lots and single family residences. Tr:r
Board had previously approved a General Plan Amendment for the
site.
,ONTINUED ON ATTACHMENT: YES SIGNATURE
_ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDA I N OF 1106RD. COMMITTEE
_ APPROVE OTHER
1IGNATURE(8) s
XTION OF BOARD ON November 3 . IM APPROVED AS RECOMMENDED X OTHER
On October 27, 1992, the Hoard of Supervisors deferred to this
date the decision on the recommendation of the East County Regional
Planning Commission on the request by Garrett Development, Inc.
(applicant and owner) for approval to rezone 5.39 acres of land from
General Agricultural District (A-2)to Planned Unit Development (P-1)
to accommodate up to 17 single family units (2954-RZ) and for approval
of a final development plan (County File 3009-91) to develop up to a
maximum of 17 single family units on the 5.39 acre site, and for
approval to subdivide the 5. 39 acre site into 17 single family
residential units (Subdivision 7557) in the West Pittsburg area.
1 .
Supervisor Torlakson commented on the two important issues that
were raised on landscaping and the child care issue, and he commented
on the water conservation guidelines that had been carefully followed
by Garrett in Sea Breeze Phase I and their compliance with the child
care requirements and more that they had accomplished in the first
phase. Supervisor Torlakson advised that he felt that Garrett had met
their child care requirements but that from hereon out notice should
be given to applicants relative to the ordinance potential, and he
moved approval of this project.
IT IS BY THE BOARD ORDERED that recommendation 1, 2 with amended
conditions, 3, and 4 are APPROVED; and as in recommendation 4,
Ordinance No. 92-79, giving effect to the rezoning, is INTRODUCED
reading waived and November 17, 1992 is set for adoption of same.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT TRIS 19 A
AYES:ES: tOUB (ABSENT TRUE AND CORRECT COPY OF AY
HOER: ACTION TAKEN AND ENTERED Oh :iiE
ABSENT: ABSTAIN: XINUTES OF TSE BOARD OF
SUPERVISORS ON THE DATE SHORN.
Contact:Art Beresford-646-2031 ATTESTED_ Nn1Lm r i _ iggg.
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Bellecci i Associates TSE BOARD OF SUPERVISOR:
Garrett Development Inc. COUNT ADKINISTRATOR
Public Works-Mitch Avalon
County Counsel BY o
DEPUTY
AB/df Assessor •
Riverview Fire Protection Dist
CONDITIONS OF APPROVAL FOR 2954-RZ AS APPROVED BY THE BOARD OF
SUPERVISORS ON NOVEMBER 3, 1992
1 . This approval is based upon the exhibits received by the Community Development
Department listed as follows:
A. Exhibit A - Revised tentative map dated received July 31 , 1992 for 2954-RZ,
Final Development Plan 3009-91 , SUB 7556 for 17 lots and single family
residences on the 5.4 acre site together with a preliminary grading plan and
open space area.
2. Sewage disposal serving the property concern with this development is to be provided
by the Sanitation District #7A.
3. Water supply serving the property concerned with this development is to be provided
by the Southern California Water Company.
4. Comply with the requirements of the Riverview Fire Protection District, including for
provision for water supply and fire hydrants as determined by the District.
5. The total number of lots shall not exceed 17. The development rights for the open
space area shall be dedicated to Contra Costa County. The open space land shall be
included in the present Landscape and Lighting District maintaining the Sea Breeze
Open Space areas.
RZ/XVIII/2954-RZC.AB
8/3/92
8/17/92-EC (a)
CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3009-91 AND SUBDIVISION 7556
AS APPROVED BY THE BOARD OF SUPERVISORS ON NOVEMBER 3, 1992
1 . This approval is based upon exhibits received by the Community Development
Department listed as follows:
Exhibit A - Revised vesting tentative map dated received July 31 , 1992 for 2954-RZ,
3009-91 and SUB 7556 for 17 lots and single family residences on the 5.4 acre site
together with a preliminary grading map for the site on the same sheet and open space
area.
The development rights for the open space area shall be dedicated to Contra Costa
County. The open space land shall be included in the present Landscape and Lighting
District maintaining the Sea Breeze Open Space area.
2. The development may be done in phases subject to review and approval of the Zoning
Administrator. The approval of the final development plan 3009-91 shall run
concurrently with the approval of SUB 7556.
3. Any revision of internal circulation plan and lot layout shall be subject to 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, driveways, fencing plans, and street tree locations.
4. Guide for development and use provisions for this site shall be as follows:
A. Residences constructed on Lots 14, 15, 16, and 17 shall be alternated between
one and two stories.
B. Setback of residential units shall be varied between 15 and 20 feet. All
garages shall have a setback of at least 15 feet. Frontyard setback may be
reduced to 15 feet for covered porches or living room areas. Sideyard minimum
shall be 5 feet with a total sideyard of at least 10 feet. The R-6 zoning district
shall be used as a guide for the height and/or lot coverage of the site as well
as the location of any detached sheds or outbuildings. Prior to the issuance of
building permits, the applicant shall submit samples of color and exterior
materials for the review and approval of the Zoning Administrator. The
backyard fences of Lots 1 through 17 shall be made of a suitable dark tinted
wire mesh material. The fences between the lots shall be of solid wood and
shall be at least 5 feet high. The residences of this development shall be
finished in colors matching those of the Sea Breeze development to the south.
All garages within this project shall be built with vertical 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.
2.
6. Sewage disposal serving the property concerned with this development shall be
provided by Sanitation District #7A. Prior to recording the final map, a will serve letter
from the Sanitation District shall be submitted.
7. Water supplying this development shall be by the Southern California Water Company
or it successor. Prior to recording the final map, a will serve letter from the Water
Company or successor shall be submitted.
8. Prior to filing the final map, plans shall be submitted for the review by the Community
Development Department, Graphics Sections, to obtain addresses and 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 names and the
assignment of street addresses. Street names shall also be acceptable to the
Riverview Fire Protection District.
9. At least 30 days prior to requesting recording of the final map for the site, the
applicant shall submit a landscape plan conforming to the County's Water
Conservation Policies.
A. Native drought tolerant plants shall be used wherever feasible.
B. Landscaping along all street setbacks and each frontyard shall conform to the
County Landscape Guidelines. The frontyard landscaping plan shall be
submitted for review and approval of the Zoning Administrator and shall be
implemented prior to occupancy of the various residences on this site.
C. Submit a street tree planting plan. A minimum of one 1 5-gallon size tree shall
be planted in each lot's frontyard area.
D. All landscaping shall be maintained by the developer until occupancy or
annexing to a landscaping lighting district, if that should occur. The applicant
shall be required to annex if and when a district is formed. Future homeowners
shall be notified by notification of fact that this site is within a landscape and
lighting district and/or park district.
E. The open space area shall be suitably landscaped with scattered California
native oaks and other native plant materials. A landscaping plan for this area
shall be submitted for the review and approval of the Zoning Administrator.
Landscaping in this area shall be installed prior occupancy of residences.
I
3.
F. The northwest and east perimeter of this site shall be fenced with a suitable
wire mesh fence tinted a dark color. The backyard fences of the various lots
in this development shall also be fenced with a suitable see-through dark tinted
wire mesh fence. The property line fences between the residences shall be
fenced with a suitable solid wood fence at least 5 feet high to within 20 feet
of the right of way for the access road for the project. The fencing plan shall
be shown on the landscape plans for the development.
G. Grading plan shall include erosion protection of all slopes 5 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 be
as recommended by a certified landscape architect.
H. Prior to recording the final map, a trails plan for this site showing how the trails
are to be linked and showing the type of paving material to be used for the trail
itself shall be submitted for the Zoning Administrator's review and approval.
The trails shall be installed prior to occupancy of residences on the site.
Suitable bollards shall be placed were trails intersect with roads to prevent the
driving of motor vehicles onto the trail.
I. The proposed retaining wall along the southern side of the access court shall
be suitably fenced for safety.
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 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 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 applicant shall show proof that water and sewage service is available prior to
recording the Final Map.
4.
13. 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
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.
14. At least 30 days prior to recording a Final Map, 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 Zoning Administrator. Improvement, grading, and
building plans shall carry out the recommendations of the approved report.
5.
15. In the event this project is restricted by declaration of covenants, conditions and
restrictions (CC & Rs) they must be submitted for review and approval of the
Community Development Department. This CC & Rs must, of course, meet applicable
regulations of the California Real Estate Commission.
16. Prior to recording the final map for this development, will serve letters from the Mt.
Diablo School District shall be submitted to the Zoning Administrator.
17. Prior to issuance of building permits for site development, the applicant shall provide
a letter from the gas pipeline owner attesting to the proper removal and construction
of the realigned gas line across the property.
18. Prior to the issuance building permits and/or recording of the final map for this
development, the applicant shall submit a detailed transportation demand management
plan (TDM) for the review and approval of the Zoning Administrator. Approved TDM
plans shall be operative prior to final inspection by the Building Inspection Department
of the residences of this development.
19. 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 Rapallo Lane.
2) 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.
3) Installing street lights on Rapallo Lane and Savona Court 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.
4) Undergrounding of all utility distribution facilities.
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 storm drainage facility which conveys the storm
waters to a natural watercourse.
t ° ��
6.
6) 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) 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. These plans shall include any necessary
traffic signage and striping plans for review by the Public Works
Department, Road Engineering Division.
9) Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
B. 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. The
right of way width for the entrance road to Lot 5 shall.be a minimum of 52 feet
wide. The retaining wall shown along the proposed cul-de-sac shall be located
outside of the right of way to be dedicated to the County.
C. The alignment of the proposed roads shall be as shown on the "Planning Study"
map for Subdivision 7556 dated February, 1992 and dated received by the
Community Development Department on May 14, 1992.
D. Construct a portion of Line "A" of the Drainage Area 48C plan from the EBMUD
right-of-way north to the existing 60-inch pipe located along the easterly
boundary of the Mariners Cove Mobile Home Park or as required by Flood
Control.
E. Verify the adequacy of the existing downstream system from Pomo Street
north to Riverside Drive west up to the existing 24-inch pipe under the EBMUD
right-of-way.
F. Furnish proof to the Public Works Department, engineering Services Division,
that legal access to the property is available from Rapallo Lane.
G. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalk and driveways.
MQ D 17
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7.
H. 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.
I. Contribute $4,000 to the County for reimbursement to Kaufman & Broad as
outlined in the reimbursement agreement between the County and Kaufman &
Broad Company for this development fair share of the left turn pocket on Evora
Road at Mota Drive that was constructed by Kaufman & Broad. Any excess
monies collected for reimbursement to Kaufman & Broad shall be refunded to
the applicant by the County.
ADVISORY NOTES
A. The applicant/owner shall aware of the renewing requirements prior to recording the
Parcel Map requesting building or grading permits.
B. Comply with the Park Dedication Fee Ordinance.
C. Comply with the requirement of the Sanitation District #7A requirements.
D. Comply with the requirements of the Southern California Water Company.
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. Non-reflective glazing shall
be installed on east and west facing windows.
G. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the West Pittsburg Area of Benefit as adopted
by the Board of Supervisors.
H. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 48C as adopted by the Board of Supervisors.
I. 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.
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9.
J. Reclaimed water shall be used during construction if at all possible.
K. Recycled water shall be used during grading operations per County Ordinance.
AB/aa
RZXVIII/2954-RZC.AB
8/3/92
8/17/92 - EC (a)
10/30/92
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