HomeMy WebLinkAboutMINUTES - 12141993 - D.1 SE
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TO: BOARD OF SUPERVISORS •;'— Costa
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FROM: ae ,amii4"`;�;� County
HARVEY E. BRAGDON _ '�
DIRECTOR OF COMMUNITY DEVELOPMENT ',
DATE: December 7, 1993 �� co"vric
SUBJECT: Request for Rezoning (2998-RZ) and Final Development Plan Approval
(3024-92) for a residential project in' the Oakley area. Filed by
Bellecci & Associates (Applicant) and Seecon (Owner) .
(Revised Staff Report)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
In accord with the East County Regional Planning Commission
recommendations:
1. Accept the Mitigated Negative Declaration prepared for this
project. The mitigation measures are included as conditions
of approval for this project.
2 . Adopt the Mitigation Monitoring Program for this project.
3 . Approve the requested rezoning of the 50. 0 acre site from
General Agricultural District (A-2) to Planned Unit District
(P-1) as conditioned.
4. Approve the requested final development plan as conditioned.
5. Accept the findings as prepared for this project as being
adequate.
6. Introduce the ordinance giving effect to the aforesaid
rezoning, waive reading and set date for adoption of same.
7. Direct staff to file a Notice of Determination with the County
Clerk.
FISCAL IMPACT
None
CONTINUED ON ATTACHMENT: X YES SIGNAT
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION Cr B ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON December 14, 1993 APPROVED AS RECOMMENDED x OTHER X
On December 7 , 1993 , the Board deferred to this date the decision on the above
matter . Mr . Barry presented revised conditions and on recommendation of
S,up.ervisor Torlakson, the staff recommendations are APPROVED with amended
conditions .
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:Rose Marie Pietras 646-2091 ATTESTED December 14 , 1993
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Bellecci & Associates THE BOAR OF SUPERVISORS
Seecon D CO Y ADMINISTRATOR
Public Works-Attn: Mitch Avalon
BY , DEPUTY
RMP:df
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Page Two
RECOMMENDATION OF OAKLEY MUNICIPAL ADVISORY COUNCIL (OMAC)
The Oakley Municipal Advisory Council recommended approval as
conditioned. The OMAC has recommended that two (2) additional
acres be set aside for acquisition by the Oakley Park District
subject to whether or not the Park will be located south of
Carpenter Road on the Baca property, if so additional two acres not
required; dedicate additional 7 .5 feet on Carpenter for equestrian
trail; curb and gutter improvements off site on Carpenter Road and
Rose Avenue.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Applications for this project were filed with the County on
November 24, 1992 . The applications consist of P-1 rezoning, final
development plan and vesting tentative map approval requests. The.
applicant is still seeking approval for 'a 248-unit single family
residential project on the 50 acre site.
Shortly after the applications were received, staff conducted an
environmental analysis of the project which determined that there
were no significant environmental impacts which might result from
the project and a Negative Declaration was posted.
A public hearing was originally scheduled before the East County
Regional Planning Commission on Monday, August 2, 1993 . There was
no quorum so these items were rescheduled to August 9, 1993 . 'At
that meeting, the applicant, owner and all interested persons were
heard. The East County Regional Planning Commission gave
testimony. The Commission discussed at length the size of 'the
units and agreed that no more than 15% of the houses shall be 1146
square feet. The units range between 1146 and 1700 square feet.
Staff recommends to the Board of Supervisors that this be added as
a Condition of Approval. The Commission agreed to delete Condition
of Approval #22 in regards to pedestrian walkways.
Late in the process it had been discovered that the R-10 zoning
never became effective because the applicant failed to pay the
Department of Fish and Game fee. The project site is still
considered to be General Agriculture, A-2 .
The applicant has agreed with the following modification for
Condition of Approval #28 to Subdivision #7662 :
"A portion of the project lies within the 100-year flood zone as
designated on the Federal Emergency Flood Rate Maps. The applicant
shall comply with the requirements of the County Flood Plain
Management Ordinance (Ordinance No. 90-118) . It shall be the sole
responsibility of the developer to have all areas of the site
removed from the 100-year flood zone by the process of map revision
and approval by FEMA. The County shall not be held liable for any
grading or construction work done by the developer which does not
conform to FEMA requirements for map revision. "
{V I
STONEWOOD 1 - TRACT 7662
OAKLEY
REVISED TENTATIVE MAP CONDITIONS
Condition 1:
The request to subdivide the 50 + acre parcel is approved for 248 lots as shown on the Vesting
Tentative Map received November 24, 1992 by the Community Development Department. In
consideration of providing park dedication in excess of the County ordinance, the
Developer shall increase the number of lots by 3, therefore the actual approved number of
lots is 251.
Condition 3-A•
Revised document received by the Community Development Department on November 24, 1992
titled Vesting Tentative Map and Final Development Plan for Subdivision 7662. The total
number of lots approved for this development is 251.
Condition 24: (New condition to replace condition 24)
The County will be offered the opportunity to purchase approximately 2.0 additional acres
of park land located contiguous to the north edge of the 2.5 acre park site shown on the
Tentative Map. This area consists approximately of lots 198, 199, and 208 through 216.
The developer shall give the County a written notice of its intent to proceed with the final
design of that area. The County shall have 120 days from receipt of said notice to enter
into an agreement with the Developer to purchase the additional park land if so desired. If
such an agreement is not reached by that date, the area will be developed as residential lots
as shown on the Tentative Map and the Developer shall proceed with recordation of the
Final Map. In the event the County purchases the additional park land, lots 217, through
220 shall be modified as shown on Exhibit "A" without the need to modify and reprocess
this Tentative Map.
Condition 28•
"A portion of the project lies within the 100-year flood zone as designated on the Federal
Emergency Flood Rate Maps. The applicant shall comply with the requirements of the County
Flood Plain Management Ordinance (Ordinance No. 90-118). It shall be the sole responsibility of
the developer to assure that all residential structures are located outside the 100-year flood
zone by the process of map revision and approval by FEMA. The County shall not be held
liablefor any grading or construction work done by the developer which does not conform to
FEMA requirements for map revision."
Public Works memorandum dated December 7, 1993 modifies conditions 30-D, 30-F, 30-G,
30-H and 30-1.
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PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: December 7, 1993
TO: Board of Supervisors
FROM: J. Michael Walford, Public Works Director
SUBJECT: SUB 7662, Carpenter Road; Oakley Ar
Attached is a memo to the Board dated October 12, 1993, recommending modifications to
some of the conditions of approval for the above subdivision. At that time we also
recommended not deleting the condition to construct Carpenter Road to provide access to
Gehringer School. We have met with the developer on several occasions to discuss the
required improvements to the school and recommend the following conditions be modified,
in addition to those modified in the previous memo.
1. Modify Condition 30.17:
Construct the extension of Carpenter Road as a 28-foot road from Highway
4
e E< 5# t and convey to the County, by Offer of Dedication,
the corresponding 50-foot right of way. Provide a # v driveway access to
Gehrin er School from the Carpenter Road extension
'p ?x subject to the review of the Public Works Department.-and-the
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1—D The edge of pavement
along Carpenter:Road"shall be 20 feet from the ultimate right of way on the
south side to provide for a future multi-purpose trail. The intersection of the
Carpenter Road extension with Highway 4 shall align directly with Malicoat
Road. An exception to the collect and convey requirement is granted for the
road g provided that the design provide for the infiltration
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2. Modify Condition 30.G:
Credit against the Oakley/North Brentwood Area of Benefit fee shall be
allowed up to a maximum of$79,000 for right of way acquisition '
>` tifln<fe <surv :.:n <:loni ` <;cts«:and cons# oncosts for
SUB 7662, Carpenter Road; '
Oakley Area
December 7, 1993
Page Two
the Carpenter Road extension IMMM." ' <"# t "'Mfiubjeet to the
approval of GMAG.
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3. In addition to the above, the following corrections to the conditions should be
made to be consistent with those approved by the East County Regional
Planning Commission.
A. Condition 30.H (second H):
Prior to the issuance of the building permit for the 100th unit, if
building permits have been issued for Subdivision 7689, construct the
Carpenter Road extension as outlined in condition € ' l
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B. Condition 30.I:
Convey to the County, by Offer of Dedication, additional right of way
on Carpenter Road as required for the planned future ltalf--width of
feet, and for an interim full width of 40 feet.
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C:Mod7662.ti 2
attachment
cc: F. Bellecci, Bellecci&Associates
D. Sestero, Seecon
D. Barry, Community Development Department
R. Pietras, Community Development Department
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: October 12, 1993
TO: Board of Supervisors
FROM: J. Michael Watford, Public Works Director rn .
SUBJECT: SUB 7662; Oakley Area
1. BACKGROUND
The letter from North State Development Company dated October 4, 1993,
requests several changes to the conditions of approval for the above project We
concur with the requested changes except for one; the request to delete the
construction of.Carpenter Road from Highway 4,opposite Malicoat Avenue,to the
Gehringer School
Two improvements are needed for the Gehringer School; 1) the Carpenter Road
connection, and 2) a traffic signal at the intersection of Highway 4 and Carpenter
Road/Malicoat Avenue. All of the proposed development in this area is sharing in
the costs to construct these two needed improvements. The project at the end
of Malicoat Avenue, Subdivision 7689 which was heard by the Board two weeks
ago, will be paying one quarter of the cost to install the traffic signal. Subdivision
7662 is conditioned to build the access road to the school, which is their share of
the improvements cost. The Oakley Area of Benefit will be funding the right of way
costs for the school access road up to $79,000.
2. RECOMMENDATION
A. We recommend the condition of approval to construct Carpenter Road to
provide access to the school not be deleted. All other development in the
area is required to pay their share of the cost for the road and the signal.
Constructing the school access road is this projects fair share of the
improvements.
B. We concur with the requested modifications to the following conditions of
approval:
1) Add the following to the end of condition 30D:
... except cul-de-sac streets which may be 32 feet wide in a 52 foot
right of way.