HomeMy WebLinkAboutMINUTES - 12071993 - D.1 •• 1 -_ • Contra
TO: BOARD OF SUPERVISORS Costa
n;
FROM: HARVEY E. BRAGDON .�, .s County
DIRECTOR OF COMMUNITY DEVELOPMENT s'•, • >,o�z
OST�.COUNi'fY.-�~
DATE: December 7, 1993
SUBJECT: Decision on Allied Investments General Plan Amendment (#7-91-CO) ,
Rezoning Application (#2961-RZ) , and Appeal of the Vesting Tentative
Map Application Denial (Subdivision #7174) in the Moraga Area.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Certify the adequacy of the Environmental Impact Report
prepared for this proposal.
2. Approve the proposed General Plan amendment to redesignate
approximately 7 acres from Agricultural Lands to Single Family
Residential - Low Density. Direct staff to include the
approved General Plan amendment in the adoption of the last
consolidated General Plan amendment for 1993.
3. Rezone the approximate 7-acre site from .General Agricultural,
A-2, to Single Family Residential, R-15.
4. Introduce the ordinance giving effect to the rezoning, waive
reading and set date for adoption of same.
5. Grant the appeal of the applicant.
6. Approve Subdivision 7174 for a maximum 15 lots with
conditions.
7. Adopt the proposed Findings and Mitigation Monitoring Program
for purposes of compliance with the California Environmental
Quality Act.
8. Direct staff to file a. Notice of Determination with the County
Clerk.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Board last considered this project at a hearing on September
28, 1993. At that time, the applicant was proposing a 16-lot
division with variances to the proposed minimum dimensional
requirements of the R-15 zoning district. The Board was also
considering an appeal of the denial of the subdivision project by
the County Planning Commission. After taking testimony, the Board
closed the hearing and voted 4-1 (Bishop dissenting) to declare its
intent to approve the project with revisions.
The Board directed that the project:
• be reduced to 15 lots;
• that the map be revised to comply with the R-15 standards;
• that a hammerhead turnaround be substituted for the circular
turnaround for the proposed project road; and
• that the amount of grading and use of retaining walls be
reduced.
1 .
�AMVISED PROJECT
Following the hearing a revised site plan has been prepared in
accord with the Board directive.
REVISED CONDITIONS OF APPROVAL
A set of conditions of approval were included in the, last Board
packet. Staff is recommending a revised set of conditions of
approval based on staff's understanding of the Board's directive.
The revisions are identified with marked text.
CITY OF ORINDA
In a letter dated August 11, 1993 (but dated received by the County
on September 8, 1993) , the City of Orinda has indicated opposition
to the project. Part of the concern of the City is in regards to
additional traffic from this project, and that the County "uphold"
the Lamorinda Traffic Study. The study is intended to establish a
program for funding areawide traffic mitigation.
It should be noted that the recommended conditions of approval for
the project acknowledge the Lamorinda Traffic Study (C/A #28.H) .
If an ordinance is adopted prior to the recordation of a final map
for this project, the applicant would be required to contribute the
resultant fees.
CONTRIBUTION TO THE HOMELESS PROGRAM TRUST FUND
The applicant has volunteered a contribution of $,3000 to the
homeless program trust fund.
CONTINUED ON ATTACHMENT: % YES SIGNATURE , ; ,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITYEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON nrrAmhPr 7 . 1993 APPROVED AS RECOMMENDED x OTHER
On November 2, 1993, the Board of Supervisors continued to
this date the decision on the recommendation of the Contra Costa
County Planning Commission on the request, as amended, of Allied
Investments (applicant) and Belmont Development Company (owner)
for a General Plan Amendment (GPA 7-91) , rezoning application
2961-RZ, and Subdivision 7174 in the Moraga area.
Dennis Barry, Community Development Department, presented
the staff report and suggested revised conditions and he
commented on the above recommended actions.
The following persons appeared to speak:
Sue Noe, 23 La Salle Drive, Moraga, had laryngitis and
deferred to Jay Toshiro, Planning Director for the Town of
Moraga, who spoke on concerns with the revised subdivision map
including grading and the retaining wall .
Supervisor McPeak commented on the stair step retaining wall
approach.
Mr. Toshiro responded that if the intent is to have a
landscape plan that would be approved by the County with input
from the Town of Moraga that would be satisfactory to the Town.
Supervisor Bishop commented on the Stremmel Enterprises
project in the nearby area.
2 .
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Kathryn Carr, 1215 Camino Pablo, Moraga, commented on
concerns including that there is no Carr Ranch Road or Carr Ranch
Development, a change in address and who would pay. for it, and
changes in conditions on the grading excavation season, a good
faith effort to avoid interfering with existing neighborhood
traffic, and conveying all stormwaters to a natural water course.
Supervisor Powers advised that the Board was discussing the
findings and that it was not appropriate to address these .
Mr. Barry and Victor Westman, County Counsel, responded on
the issue of changing the street address, and clarified the
discretion of the Board in addressing changes in. conditions .
Mr. Barry also advised of a proposed additional condition
relative to the landscaping plan to be placed on page 4 under
condition 13 to add subsection D.
Maury Huguet Jr. , 924 Main Street, Martinez, representing
the applicant, Belmont Development Company, commented that the
staff report was complete at this time and requested the Board to
act on the proposed project at this time .
Supervisor Smith moved to approve the staff' s
recommendations as presented and modified by Mr. Barry.
Supervisor Bishop expressed reservations about the project .
IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3 , 4,
5, 6 with amended conditions (Exhibit A attached) , 7 and 8 are
APPROVED; and Ordinance No. 93-83 is INTRODUCED, reading waived,
and December 14, 1993 is set for adoption of same.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: I , II , IV, V NOES: III ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Bob Drake 646-2091 ATTESTED December 7 , 1993
.cc: Community Development Department PHIL BATCHELOR, CLERK OF
Belmont Development Co. THE BOARD OF SUPERVISORS
Maurice Huguet, Jr. CLAr COUN ADMINISTRATOR
Town of Moraga
County Counsel BY , DEPUTY
BD:df public Works
Assessor
Moraga Fire Protection District
3 .
CONDITIONS OF APPROVAL FOR SUBDIVISION 7174 (Allied Investments -
Applicant; Belmont Development Co. - Owner) AS PER THE DECEMBER
7th, 1993 APPROVAL OF THE BOARD OF SUPERVISORS
1. The request to subdivide the 7 . 12 acre parcel is approved
for a maximum of 15 lots as generally shown on the Revised
Vesting Tentative Map dated received by the Community
Development Department on October 18, 1993 . The approved
site plan provides for the following:
A. Compliance with the minimum lot dimension requirements
of the R-15 ordinance.
B. Provision of a hammerhead turnaround (in lieu of a
circular turnaround) at the end of the proposed project
road.
C. Reduction in the amount of grading and use of retaining
walls from earlier site plans proposed by the
applicant.
Unless otherwise noted, the following conditions shall be
complied with before filing the Final Map. This approval is
dependent upon a rezoning of the subject parcel to the R-15
zoning district.
2 . At least 60 days prior to filing the Final Map, the
applicant shall submit a revised vesting tentative map which
reflects the a maximum 15 unit subdivision, which addresses
all of the conditions of approval. At least 30 days prior
to issuance of a grading permit or filing a final map,
submit a revised site plan and supporting documentation in
compliance with the conditions of approval, inclusive of C/A
# .3 - 5, and 7 - 21. (Alternate Mitigation for Impact A. 1)
3 . Cut slopes on the site shall not exceed 2 . 5: 1 or as
otherwise recommended by a geotechnical engineer and
reviewed and approved by the Zoning Administrator.
(Alternate Mitigation for Impact A-1 and Impact C. 4)
4 . A. All toilets shall be low-flow toilets in accordance
with Section 17921. 3 of the Health and Safety Code.
B. Water-conserving sink, shower, and lavatory faucets, in
accordance with the California Energy Commission
standards for new residential buildings, shall be
installed in all residences (Mitigation for Impact
B. 4) .
5. At least 60 days prior to filing the Final Map, the
applicant shall either vote the property into a police
service district or present the County with a contract
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between the County, the Town of Moraga, and the applicant,
which states that Moraga will provide police services to the
project.
If the police services district option is chosen, the owner
of the property shall participate in the provision of
funding to maintain and augment police services by voting to
approve a special tax for the parcels created by this
subdivision approval. The tax shall be the per parcel
annual amount (with appropriate future CPI adjustment) then
established at the time of voting by the Board of
Supervisors. The election to provide for the 'tax shall be
completed prior to the filing of the Final Map. The
property owner shall be responsible for paying the cost of
holding the election, payable at the time that the election
is requested by the owner (Mitigation for Impact B. 5) .
6. The residential units shall be constructed with the fire
protection measures recommended by the fire district and all
residences shall have building sprinkler systems (Mitigation
for Impact B-6) .
7 . Park dedication fees for this project shall be paid to the
County Trust Fund and specifically marked for the Town of
Moraga Parks and Recreation Department (Mitigation for
Impact B. 7) .
8. A. At least 60 days prior. to recording the Final Map, the
applicant shall submit documentation to the Zoning
Administrator for review and approval, which ensures
that trail-related issues along Camino Pablo frontage
right-of-way. have been resolved. Prior to submittal.
to the Zoning Administrator, the East Bay Regional Park
District (EBRPD) shall be provided an opportunity to
comment on the proposed plans (Mitigation for Impact
B. 8) .
B., Graded slopes for Lots 1 through 5 shall have a 3 : 1
gradient. Topsoil shall be placed on the graded slopes
and they shall be planted with drought tolerant
species, as specified on Page 77 , Item 2 of the EIR.
C. A crosswalk and stop sign control shall be installed at
the Camino Pablo/Carr Ranch Road intersection and the
trail.
D. The developer shall diligently attempt to reach an
agreement with EBRPD for continued public trail use
during the construction period. The intent of this
mitigation is to avoid trail closure for more than a
few days, and to trigger construction of an interim
trail, if needed.
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E. The developer shall diligently work with EBRPD, Town of
• Moraga, and Contra Costa County to investigate the
feasibility of constructing a trail segment on the west
side of Camino Pablo. For the safety of the trail
users, this segment is needed in order to relocate the
existing mid-block crossing southerly to the
intersection of ,Carr Ranch Road. This segment, which
is not a frontage improvement, is needed to complete
the trail. The '!extent of trail improvements shall be
subject to final review and approval of the Zoning
Administrator. The cost of any off-site trail construc-
tion or interim trail improvements shall be credited
against the park dedication fees paid by the developer
(Alternate Mitigation for Impact B. 8) .
i
9 . Erosion control and drainage plans submitted to the County
shall be accompaniedlby a stamp or letter from the Contra
Costa Mosquito Abatement District, ' indicating that the plans
are acceptable to CCMAD (Mitigation for Impact B. 9) .
10. At least 60 days prior to recording. a Final Map, the
applicant shall submit a preliminary geology, soil, and
foundation report meeting the requirements of Subdivision
Ordinance Section 94-4 . 420for review and approval of the
Zoning Administrator. Improvement, grading, and building
plans shall carry out the recommendations of the approved
report.
This report shall propose measures to minimize the risks of
earthquake damage(Mitigation for Impact C. 1) .
11. The applicant shall prepare a drainage plan that includes
the following elements:
A. Convey roof gutter water in a closed conduit to storm
drains in the proposed project streets.
B. If recommended by the project geotechnical engineer,
construct a concrete lined brow ditch at the top of the
proposed fill slope that overlooks Camino Pablo.
C. Construct concrete lined brow ditches at the top of
slope along the north perimeter of the project.
D. Collect run-off carried by gutters on the Camino Pablo
frontage of the site and convey it to the out-fall
point for project run-off (Alternate Mitigation for
Impact C. 3) .
12 . Ensure that adequate measures to stabilize slopes,
including rounding the top 5 feet of cut slopes to a 3 : 1
gradient, as recommended by the project geotechnical
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engineer, are implemented as a part of the project grading
plan (Alternate Mitigation for Impact C.4) .
13 . At least 60 days prior to issuance of a grading permit or
filing a Final Map, the applicant shall submit a retaining
wall program for review and approval of the Zoning
Administrator. The program shall provide for the following:
A. Design and construction of retaining walls in such a
manner that long-term stability is not compromised.
B. Permanent (non-wood) construction is required for walls
more than three feet high.
C. The design of the wall shall be aesthetically pleasing
and if walls pose aesthetic concerns, it may be
feasible to stack them (i . e. , provide two or more
parallel walls), with the areas between heavily
landscaped (Mitigation for Impact C. 5) .
D. A landscape plan covering the retaining walls shall be
submitted for the review and approval of the Zoning
Administrator. Prior to submittal, the Town of Moraga
shall be provided an opportunity to review and comment
on the proposed plan. (Mitigation for Impact D. 4 . ) .
14 . Residential foundations shall be drilled pier foundations
that extend through the zone of shrinking and swelling, or
as otherwise recommended by a geotechnical engineer.
15. Fills shall be designed and constructed to minimize the
potential for differential settlement. Design might include
over-excavation (so as to provide consistent fill depths
beneath graded pads) , greater compaction at-depth, or
special foundation design as may be recommended by the
project geotechnical engineer (Alternate Mitigation for
Impact C. 7) .
16. In order to ensure proper implementation of the grading
code, all grading procedures shall be reviewed by both a
project geologist and reviewed and approved by the County
Grading Section of the Building Inspection Department
(Mitigation for Impact C. 8) .
17 . All slopes, drainage terraces and subdrains shall be
maintained by the property owners. A plan for maintenance
shall be submitted to the Zoning Administrator for review
and approval. The maintenance plan shall either be part of
the codes, covenants and restrictions for the subdivision or
if there is no homeowners association, the obligation to
maintain drainage facilities shall be called to the
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attention of home buyers through an advisory comment on the
deed (Mitigation for Impact C. 9) .
18. The construction stage erosion control plan shall provide
for the following:
A. All grading, excavation and filling shall be conducted
during the dry season (March 15th through October 15th)
only, and all areas of exposed soils shall be replanted
to minimize erosion and subsequent sedimentation.
After October 15th, only erosion control work shall be
allowed by the grading permit.
B. A revegetation plan prepared by an experienced plant
ecologist or by a certified landscape architect shall
be submitted as part of the erosion control plan.
Minimally, the plan shall provide for revegetation of
2 : 1 cut slopes greater than 18 feet in height. The
plan shall emphasize use of drought tolerant native
species and plants that are adaptive to conditions in
this portion of Moraga. Ideally, the plan should
include a mix of grasses, shrubs and trees. The plan
shall provide for revegetation of all rearyard cut
slopes. Hydroseeding and hydromulching would not be
adequate for this purpose unless recommended by a
landscape architect or qualified plant ecologist as an
interim measure.
If necessary for survival of young plants, the plan may
call for the use of a temporary drip irrigation system
(to be abandoned after 2-3 summer seasons) . The
developer shall bond with the Community Development or
Building Inspection Departments the landscape
improvements for a period of not less than two years.
Alternatively , the Zoning Administrator may approve a
bonding program ensuring the survivability of plants by
the home builder or owner.
C. Hydroseeding and hydromulching are not considered
adequate on 2 : 1 slopes that are more than 18 feet in
height.
D. The erosion control plan shall show the location of
proposed temporary detention basins, silt fences and
straw bales, along with revegetation of all graded
areas. It shall also contain provisions for:
1) Performing maintenance during the winter rainy
season, as necessary.
2) Regular inspections by the project engineer during
the winter rainy seasons.
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• 3) Spot inspections during/immediately following
severe storms. (Mitigation for Impact C. 10. )
19. At least 30 days prior to obtaining building permits, the
applicant shall submit a conceptual street lighting,
fencing, and landscaping plan to facilitate further
evaluation of light and glare. These submittals shall
include the following elements:
A. Street lighting consistent with the Town of Moraga
requirements .
B. Fencing design at the rear of building pads.
C. Profiles extending from the west edge of Camino Pablo
to any proposed two-story residences on Lots - 1 through
7 and Lot 14 (to evaluate possibility of second story
windows being a source of light and glare) .
D. Landscape plan for slopes along the west and south
edges of the property
20. The applicant shall refer road and trail improvement plans
for Camino Pablo which shall include the street crossing
changes noted in Condition #8 . E, and the road along the
southern property line to EBRPD and the Town of Moraga for
their review and comment, prior to approval by the Zoning
Administrator (Mitigation for Impact E. 3) . The improvement
plans shall provide for reconstruction within the Camino
Pablo right-of-way of the Old Moraga Ranch Trail to
standards established by the East Bay Regional Park
District.
21. Grassland cover shall be re-established following grading
and prior to unit construction. Grading shall be limited to
the boundaries of the site, unless the developer has the
approval of the affected property owner. To the extent
possible, landscaping shall emphasize the use of drought
tolerant, native plant species. Native plant species
commonly used for landscaping which would be suitable for
use on the site include coast live oak, valley oak,
California buckeye and toyon. The applicant shall block
access to undeveloped areas north of the site during
construction, in order to discourage vehicles and
motorcycles from driving off-road on the site (Mitigation
for Impact F. 1) .
22 . Should archaeological materials be uncovered during grading,
trenching or other on-site excavation (s) , earthwork within
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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.
23 . 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
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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.
24. Pursuant to Government Code Section 66474 .9 , the applicant
(including the subdivider or any agent thereof) shall
defend, indemnify, and hold harmless the Contra .Costa County
Community Development Department and its agents, officers,
and employees from any claim, action, or proceeding against
the Agency (the County) or its agents, officers, or
employees to attack, set aside, void, or annul, the Agency's
approval concerning this subdivision map application, which
action is brought within the time period provided for in
Section 66499 . 37. The County will promptly notify the
subdivider of any such claim, action, or proceeding and
cooperate fully in the defense.
25. In. accordance with the child care ordinance, the applicant
shall pay a child care fee of $400 per lot, prior to the
issuance of certificates of final occupancy for the
residences.
26. 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. "
(Mitigation for Impact to be added to page 32 of the DEIR,
according to the response document. ) (Mitigation for Impact
A. S. )
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27 . Prior to filing the Final Map, plans shall be submitted for
review by the Community Development Department, Graphics
Section, to obtain addresses and for street name approval
(public and private) , subject to final review and approval
by the Zoning Administrator. Alternate street names should
be submitted in the event of duplication and to avoid
similarity with existing street names. The approved street
names shall be shown with filing of the Final Map.
Alternative names for the existing unnamed access road to
the project shall be proposed. None of the alternative
names shall include the name "Carr. " At time of submittal
to the County, the applicant shall provide evidence that
alternative street names for this unnamed road have been
submitted to the owners of property with access rights for
their input. The applicant shall . diligently try to have the
owners agree to an appropriate street name. Also, the
applicant shall diligently attempt to work with the U. S.
Postal Service and emergency service agencies to assure that
the existing mailing addresses of the owners is not
disturbed by the assignment of a street name.
28 . 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 Camino Pablo, subject to the review of the Town
of Moraga and the review and approval of the
Public Works Department.
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 20 feet from the ultimate centerline of
the road.
2) Constructing a paved turnaround at the end of the
proposed internal subdivision road.
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3) Undergrounding of all utility distribution
facilities, including the existing distribution
facilities along the Camino Pablo frontage.
4) 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 public storm drainage
facility which conveys the storm waters to a
natural watercourse.
5) 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. The
Ordinance prohibits the discharging of
concentrated storm waters into roadside ditches.
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. These plans
shall include any necessary traffic signage and
striping plans for review by the County Public
Works Department, Road Engineering Division, and
the Town of Moraga. The Town of Moraga shall be
provided 30 days to comment on the proposed
improvement plans.
8) Submitting a Final Map prepared by a registered
civil engineer or licensed land surveyor.
B. Convey to the Town of Moraga, by Offer of Dedication,
additional right of way on Camino Pablo as required for
the planned future width of 84 feet. .
C. Construct an 18 foot half-width roadway on-site along
the southerly boundary of the property as shown on the
tentative map, and convey to the Town of Moraga, by
Offer of Dedication, the corresponding right of way.
That portion of the roadway which lies between Camino
Pablo and the project access shall be 24 feet wide.
The southerly edge of pavement shall be constructed
with a two-foot rock shoulder to allow for possible
future widening, and the northerly edge of pavement
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s shall be curbed. The southerly edge of pavement shall
be considered the future centerline of the road and
shall coincide with the southerly boundary of the
subject property, or as directed by the Town.
D. Relinquish abutter's rights of access along Camino
Pablo, including the curb return.
E. Construct a 32-foot paved internal subdivision roadway
to County private road standards, within a 40-foot
right-of-way, to serve all parcels in this proposed
subdivision.
F. Prevent storm drainage, originating on the property and
conveyed in a concentrated manner, from .draining across
the sidewalk and driveways.
G. 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 of
permanent, drainage improvements.
H. The Lamorinda traffic study is currently being
conducted to recommend areawide traffic mitigation and
to establish a program for funding these improvements.
The applicant shall be required to pay the resultant
fees if an ordinance to enact the program is adopted
prior to filing of the Final Map.
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ADVISORY NOTES
A. Comply with the requirements of the Moraga School District fees at time of
issuance of building permits.
B. The applicant is advised that the tax for the police services district is currently set
by the Board of Supervisors at $200 per parcel annually (with appropriate future
Consumer Price Index [CPI] adjustments). The annual fee is subject to modification
by the Board of Supervisors in the future. The current fee for holding the election
is $800 and is also subject to modification in the future. The applicable tax and fee
amounts will be those established by the Board at the time of voting.
C. Comply with the requirements of the Moraga Fire Protection District (Mitigation for
Impact B.6).
D. The applicant shall comply with the Park Dedication Fee Ordinance, which requires
that the applicant pay a fee of $2,000 per lot at the time a building permit is
obtained (Mitigation for Impact B.7).
E. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Lamorinda County Area of Benefit as
adopted by the Board of Supervisors.
F. 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 Walter Quality Control Boards (San
Francisco Bay-Regional II or Central Valley-Region V).
G. The applicant has volunteered a $3000 contribution to the Homeless Program Trust
Fund.
CW/aa
RZXIX/7174C.CW
11/25/92
1/5/93
3/31/93
4/27/93
12/2/93
12/7/93 - BS (RHD)
12/23/93
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 7 , 1993 , by the following vote:
AYES: Supervisors Powers , Smith, McPeak and Torlakson
NOES: Supervisor Bishop
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 93/711
SUBJECT: In the Matter of the )
Allied Investments )
General Plan Amendment #7-91-CO )
The Board of Supervisors of Contra Costa County RESOLVES THAT:
There is filed with this Board and its Clerk copies of Resolution Nos. 5-1993 and 34-1993,
adopted by the Contra Costa County Planning Commission which discusses a General Plan
Amendment for the Allied Investments project in the Moraga area (#7-91-CO).
On March 9, 1993, the Board held a hearing on the said General Plan Amendment discussed
by the Contra Costa County Planning Commission Resolution No. 5-1993. After taking
testimony, the Board referred the proposal back to the Planning Commission for further
review.
On September 28, 1993 the Board held a second hearing on the said General Plan
Amendment discussed by the Contra Costa County Planning Commission Resolution No. 34-
1993. Notice of said hearings were duly given in the manner required by law. The Board, at
the hearings, called for testimony of all persons interested in this matter.
After taking testimony, the Board closed the public hearing and voted its intent to approve the
General Plan Amendment; directed staff to modify the proposal and prepare findings; and
.continued the matter to November 2, 1993 for formal decision.
On November 2, 1 993the Board continued the matter to December 7, 1993.
On December 7, 1993 the Board APPROVED the General Plan Amendment redesignating the
7-acre site from Agricultural Lands to Single Family Residential=Low Density, and directed staff
to include the Allied Investments General Plan Amendment in one of the consolidated general
plan amendments as allowed by State Planning Law.
The County served as lead agency on this project. The Board certified the Allied Investments
General Plan Amendment EIR as adequate, and adopted CEQA findings and a mitigation and
monitoring program.
I hereby certify that this is a true and correct dopy of
an action taken and enter d on the minutes of the
Board of S isors on t date shown.
ATTESTED: AA
PHIL BATCHELOR,Clerk of the Board
upervisO nd County dLnistrator
By _
,Deputy
cc: Community Development Dept.
County Counsel
Belmont Development Co.
Maurice Huguet, Jr.
Town of Moraga
93/711
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 7 , 1993 , by the following vote:
AYES: Supervisors Powers , Smith, McPeak and Torlakson
NOES: Supervisor Bishop
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 93/711
SUBJECT: In the Matter of the )
Allied Investments )
General Plan Amendment #7-91-CO )
The Board of Supervisors of Contra Costa County RESOLVES THAT:
There is filed with this Board and its Clerk copies of Resolution Nos. 5-1993 and 34-1993,
adopted by the Contra Costa County Planning Commission which discusses a General Plan
Amendment for the Allied Investments project in the Moraga area (#7-91-CO).
On March 9, 1993, the Board held a hearing on the said General Plan Amendment discussed
by the Contra Costa County Planning Commission Resolution No. 5-1993. After taking
testimony, the Board referred the proposal back to the Planning Commission for further
review.
On September 28, 1993 the Board held a second hearing on the said General Plan
Amendment discussed by the Contra Costa County Planning Commission Resolution No. 34-
1993. Notice of said hearings were duly given in the manner required by law. The Board, at
the hearings, called for testimony of all persons interested in this matter.
After taking testimony, the Board closed the public hearing and voted its intent to approve the
General Plan Amendment; directed staff to modify the proposal and prepare findings; and
.continued the matter to November 2, 1993 for formal decision.
On November 2, 1993 the Board continued the matter to December 7, 1993.
On December 7, 1993 the Board APPROVED the General Plan Amendment redesignating the
7-acre site from Agricultural Lands to Single Family Residential-Low Density, and directed staff
to include the Allied Investments General Plan Amendment in one of the consolidated general
plan amendments as allowed by State Planning Law.
The County served as lead agency on this project. The Board certified the Allied Investments
General Plan Amendment EIR as adequate, and adopted CEQA findings and a mitigation and
monitoring program.
I liereby certify that this Is a true and correct copy of
an action taken and enter d on the minutes of the
Board of S Isors on t date shown.
ATTESTED:
PHIL BATCHELOR,Clerk of the Board
4:=Deouty
By
cc: Community Development Dept.
County Counsel
Belmont Development Co.
Maurice Huguet, Jr.
Town of Moraga
93/711