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H. 9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 17 , 1992 , by the following vote:
AYES: Supervisors Powers, Schroder, Torlakson and McPeak
NOES : None
ABSENT: Supervisor Fanden
ABSTAIN: None
SUBJECT : Hearing on Rezoning Application 2952-RZ, Development
Plan 3011-91 and Subdivision 7630, J. Patrick Land
Company and H & M Investments, Oakley Area .
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 J.
Patrick Land C9o. (applicant) and H & M Investments (owner) for
approval to rezone 34 . 25 acres of land from Planned Unit
Development (P-1) for 84 lots plus a park area to Planned Unit
Development (P-1) for 128 units and a park area (2952-RZ) , for
approval of a Final Development Plan to construct 128 single
family residences and dedicate a park area (County File 3011-91) ,
and for approval of a vesting tentative map to divide 34 . 25 acres
of land into 128 single family lots and a 1 . 67 acre park site
(Subdivision 7630) in the Oakley area .
Dennis Barry, Community Development Department, presented
the staff report on the proposal, describing the project
location, and the proposed change in density and the traffic
impact study that had been done for this and other projects in
the area . Mr . Barry advised that the developer agrees with the
mitigation measures listed in the traffic report and to do their
fair share of the improvements with the exception of the
improvement of the Vasco Road/Marsh Creek Road intersection and
the State Route 4/Lone Tree intersection in the City of
Brentwood. Mr . Barry also commented on the East County Regional
Planning Commission' s recommendation for approval and he read the
staff recommendations and the following proposed modifications to
the Conditions of Approval :
Condition 3 to read in last line movement accomplished prior
to or concurrent with recording the final map for the project;
and
Condition 9d to read a suitable masonry wall shall be
erected along the sides frontage on Empire Avenue and a suitable
stout wood fence along the Carpenter Road frontage subject to the
Zoning Administrator' s review and approval; and
Condition 9e to read a landscape plan shall be submitted for
the site' s frontage on Empire Avenue and Carpenter Road with the
exception of the Carpenter Road frontage which transferred to the
neighboring property. The landscape and masonry walls/fence
plan; and
Condition 24a . 1 to read constructing road improvements along
the frontage of Carpenter Road with the exception of any of the
frontage transferred to the neighboring property owner; and
Condition 24a . 2 to read second line, the Empire Avenue
improvements shall include landscaping and irrigation of the
median and parkway areas . The curb and gutter shall be installed
14 feet from the right-of-way line and delete the last line of
the condition; and
Condition 24e to read provide for adequate sight distance
I
along the project' s lot frontage at Empire Avenue and Carpenter
Road; and
Condition 24f to read relinquish project' s abutters rights
of access along Empire Avenue; and
Condition 24Q typographical correction, the applicant shall
annex this property to Drainage Area 30A; and
Condition 24Y to read exclude any fair share contribution
toward the areas that are inside the sphere of influence, which
is a change the staff disagrees with.
Maurice Shiu, Public Works Department, presented the
following changes to Conditions of Approval :
Condition 24a2 to add language to the effect that the cost
estimate for landscaping may be based upon the industry standard
for work on cement roads and add that the developer shall contact
the Public Works Department Design Division for the proposed
alignment of the Empire Avenue; and
Condition 24e to have the same design standard for Carpenter
Road, to read provide for an adequate sight distance on Empire
Avenue and Carpenter Road along the frontage of the development
in accordance with Cal Trans standards for design speed of 45
miles per hour; and
Condition 24f, the frontage of the project on Carpenter Road
that is not going to be transferred, the developer shall
relinquish the abutters right; and
Condition 24J referencing Christie Court, upon completion
and prior to occupancy the road will be blocked off with a
guardrail at Empire Avenue so it will not go through and the
property owners along Christie Court shall be notified with deed
notifications that the road will be open when the property to the
north develops; and
Condition 24U to delete the condition; and
Condition 24Y be required to pay for fair share improvements
for intersections impacted in the Oakley area .
The public hearing was opened and the following person
presented testimony:
John Moore, J. Patrick Land Company, spoke on the requests
he had made in the letter he presented.
The public hearing was closed.
Following discussion of the matter, IT IS BY THE BOARD
ORDERED that decision on the above matter is DEFERRED to November
24 , 1992, at 2 p .m. in the Board chambers .
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown. K52I
ATTESTED: I AW
PHIL BAT .ELOR, Clerk of the Board
of ry ervis . and Co t Administrator
P
y
Deputy
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Cc : Community Development Department
County Counsel