HomeMy WebLinkAboutMINUTES - 01121993 - H.9 _ Contra
TO: BOARD OF SUPERVISORS Costa
FROM: HARVEY E. BRAGDON Court
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: January 12, 1993
v
SUBJECT: BEARING ON REZONING APPLICATION 2971-RZ, AND COMPANION APPLICATIONS
D.P. 3034-91 AND SUBDIVISION 7707, TO REZONE 11 ACRES OF LAND FROM
GENERAL AGRICULTURAL (A-2) TO PLANNED UNIT DISTRICT (P-1) , FOR 47 LOTS.
SUBJECT PROPERTY IS LOCATED IN THE OAKLEY AREA. APPLICATION FILED BY
BELLECCI & ASSOCIATES AND NORTH STATE DEVELOPMENT.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
EECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Approve Rezoning Application 12971-RZ, D.P. 3034-91 and
Subdivision 7707 subject to the conditions of the East County
Regional Planning Commission (Exhibit "A") , and revise
drainage Condition per Public Works recommendation.
3. Adopt the East County Regional Planning Commission's findings
as set for in Resolution No. 52-1992 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.
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 47 lots and single family residences. The
East County Regional Planning Commission also advises that the
County fulfill its obligation to provide community water to the
three residences north of the detention basin in this area.
This application was scheduled before the Board on October 27, 1992
and December 8, 1992. The hearing was rescheduled at the
applicant's request. The Public Works Department recommended a
revision of the Conditions of Approval. Their memo is attached.
CONTINUED ON ATTACHMENT: B YES BIG
RECOMMENDATION OF COUNTY ADMINISTRATORRECO BOARD COMMITTEE
APPROVE OTHER i
i
SIGNATURE(S) :
ACTION OF BOARD ON January 12 , 1993 APPROVED AS RECOMMENDED X OTHER
On December 8, 1992, the Board of Supervisors continued to this
date the hearing on the recommendation of the East County Regional
Planning Commission on the request by Bellecci and Associates
(applicant) and North State Development (owners) for approval to
rezone 11. 0 acres of land from General Agricultural District (A-2) to
Planned Unit District (P-1) ( 2971-RZ) , for approval of a final
development plan (County file 3034-91) to develop the site with 47
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single family residential lots and a 2. 47 acre area for part of a
larger detention basin, and for approval of a vesting tentative map to
subdivide the 11 . 0 acre site into 47 single family lots and a 2.27
acre detention basin (Subdivision 7707) in the Oakley area.
Dennis Barry, Community Development Department, presented the
staff report on the proposed project. Mr. Barry commented on revised
conditions from Public Works relative to the conveyance of storm water
dated December 19, 1992 and that the provision of water to the
neighboring areas will be taken care of, and he recommended that the
Board attach an additional condition of approval relative to
indemnification. Mr. Barry commented on the staff recommendation that
the Board find that the environmental documentation prepared for the
project is adequate, approve rezoning application 2971-RZ, Development
Plan -3034-91 and Subdivision 7707 subject to the conditions of the
East County Regional Planning Commission and revised drainage
conditions per the Public Works recommendations and further, that the
Board adopt the East County Regional Planning Commission' s findings
and introduce the Ordinance giving effect to the rezoning, waive
reading and set the date for adoption of same.
Supervisor Torlakson requested clarification on the position of
the Oakley Municipal Advisory Council (OMAC) and the inclusion of the
police service area condition.
Mr. Barry responded that Condition 16 on page 4 addressed the
police service area question and that OMAC had recommended approval.
Supervisor McPeak commented on the need for a condition
addressing the wiring for electric car recharging.
Mr. Barry responded that this subdivision was in process before
the Board began to add this condition.
Supervisor Torlakson requested clarification as to whether this
was an adopted Board policy and what the cost of the wiring was per
home.
Mr. Barry responded that it was not a formally adopted Board
policy and that the Board has applied it in numerous subdivisions in
the area recently.
Supervisor Powers suggested consulting with the building industry
before implementing this as a standard condition of approval.
Supervisor Torlakson advised of a suggestion by Supervisor Smith
that the Energy Committee look at the issue in terms of having an
established policy.
Supervisor Powers agreed with going to the Energy Committee with
the issue.
Dick Sestero, 4021 Port Chicago Highway, Concord, representing
North State Development Company, expressed concurrence with the
conditions of approval and with discussing the idea of the electric
car recharging system.
Supervisor Bishop requested clarification on the water provided
by the Oakley Water District being well water.
Mr. Sestero responded that the water was from the Oakley Water
District' s regular distribution system, not well water.
Supervisor Torlakson moved approval and indicated an additional
condition that the installation of the electric car recharging system
be under further review by the Zoning Administrator and subject to the
final adoption of Board policy through the Energy Committee, and
further to refer the issue of the electric car recharging system and
its costs to the Energy Committee to have dialogue with the Building
Industry Association on the system.
2 .
IT IS BY THE BOARD ORDERED that recommendations 1, 2 with amended
conditions (Exhibit A attached) , 3 , and 4 are APPROVED; and Ordinance
No. 93-13 giving effect to the rezoning is INTRODUCED, reading waived
and January 26, 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 , jl , IV,VNOES: None ACTION TAKEN AND ENTERED ON THE
ASSENT: None ABSTAIN: II MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN,
Contact:Art Beresford-646-2031 ATTESTED January 12 , 2993
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Bellecci & Associates THE BOARD OF SUPERVISORS
North State Development AND CO Y MIN BATOR
Public Works-Mitch Avalon
Health Department-Environmental Health BY DEPUTY
AB/df County Counsel
Assessor
Oakley Fire Protection District
3 .
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: December 19, 1992
TO: Art Beresford, Project Planner
FROM: Steven J. Wright, Associate Civil Engineer, Road Engineering
4
SUBJECT: SulAlivision,770-7=Modification to Condition of Approval 20.A.4)
Please modify Subdivision 7707 Condition of Approval 20.A.4) as follows:
20.A.4) Constructing storm drainage facilities pursuant to Drainage'Area 29H as
follows:
(a) Convey all stormwaters 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
stormwaters to a natural watercourse.
(b) Construct the portion of Line B from Basin #2 to the existing portion
of Line B on the south side of Oakley Road upon the completion of
outfall Line A of Drainage Area 29H by the developer of Subdivision
7330, or if more than the initial 20 units are constructed on this
property.
(c) Construct that portion of Basin #2 and that portion of Lines B and B-
2, which are located within the boundary of the subject property.
(d) After the completion of the first 20 units on this property,the applicant
may build additional units if outfall Line A is not completed provided
it can demonstrate, on the basis of Contra Costa County Public Works
Department Office Standard 62, that Basin #2 has the necessary
infiltration capacity to accommodate stormwater runoff from the
additional units.
SW:sjw
A.7707DA0
CC- P. Harrington, Flood Control
M. Avalon
M. Lysons
CONDITIONS OF APPROVAL FOR REZONING 2971-RZ APPROVED BY THE BOARD OF
SUPERVISORS - JANUARY 12, 1993
1 . This approval is based upon the exhibits received by the Community Development
Department as follows:
A. Exhibit A - Revised vesting tentative map dated received April 1 , 1992 for
2971-RZ, SUB 7707 and D.P. 3031-91 for 47 lots and single family residences
on the 11 acre site together with a preliminary grading map on the same sheet:
Lot #15 shall be relocated to the area north and contiguous to Lots #16 and
#17. Lots #11 through #14 shall be widened and a 30' wide public access
easement shall be extended west from "B" Street to the neighboring property.
All lots shall have a minimum of 35' of frontage.
2. Sewage disposal serving the property concerned with this application shall be provided
by the Oakley Sanitary District.
3. Water servicing this property concerned with this development shall be provided by the
Oakley Water District.
4. Comply with the requirements of the Oakley Fire Protection District, including the
provisions of water supply and fire hydrants as determined by the District.
5. The total number of Lots shall not exceed 47. The development may be developed in
phases subject to the review and approval of the Zoning Administrator.
AB/aa
RZXVIII/2971-RZC.AB
8/6/92
8/17/92 - EC(a)
MEN W
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN 3034-91 AND SUBDIVISION
7707 APPROVED BY THE BOARD OF SUPERVIOSRS - JANUARY 12, 1993
1 . This approval is based upon the exhibits received by the Community Development
Department listed as follows:
A. Exhibit A ' Revised vesting tentative map dated received April 1 , 1992 for
2871-RZ. 3034-81 and SUB 7707 for 47 lots single family residences onthe
11 acre site together with mpreliminary grading plan for the site onthe same
sheet. Lot #15shall berelocated tothe area north and contiguous toLots #16
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and #17. Lots #l1through #14shall bmwidened and m30' wide public access
easement shall be extended west from ^B" Street tothe neighboring property.
All lots shall have a nninirnunn of 85' of frontage.
2. Development may be done in phases subject to the review and approval of the Zoning
Administrator. The approval for final development plan 3O34�S1shaUrun concurrently
and vviththe approval ofSUB 77O7' This approval igfor three (3) years. One three
(3) year extension can be granted if requested in vvhhnQ prior to the expiration date
and accompanied byproper fee.
3. Any revision of internal circulation plan and lot layout mheU be subject 1othe review
and approval of the Zoning Administrator. Prior torecording the final map, submit for
the review and approval of the Zoning Administrator a site plan showing detailed house
locations, elevations, driveway, fencing plans, and street tree locations. Side entry
for recreational vehicle parking shall badeveloped where feasible.
4. Guide for development and use provisions ofthis site shall baemfollows:
A. Setback of residential units shall be varied between 15 and 20 feet. All
garages will have metbmok ofo1least 20 feet if they faced directly onto the
street. Frontyard setbacks may be reduced to 15 for covered porches or other
living areas of the residence. Sideyord minimum shall be 5 feet with o total
aggregate sidoyard of 10 feet. Roeryord noininnurn are 15 feat. The R-G zoning
district shall be used as a guide for height and/or |o1 coverage and uses ofthe
lots eowell as the location ofdetached sheds or outbuildings. The residences
of this development mheU be of neutral color and have complementary colors.
All garages within this project shall bebuilt with vertical opening garage doors.
5. Should archaeological materials be uncovered during grading,trenching or other on-site
exca. don(s)' earthwork within 30 yards of these materials shall be stopped until a
professional archaeologist who iacertified b' 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.
6. Sewage disposal servi ng the property concerned in this application will be provided by
the Oakley Sanitary District. Prior to recording the final map a will serve letter from
the Oakley Sanitary District shall be submitted.
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7. Water supply for this development shall be provided by the Oakley Water District.
Prior to•recording the final map a will serve letter from the Oakley Water District shall
be submitted.
8. 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.
9. 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."
10. 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.
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B. The projectsponsor 8hoU 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 oafar away from existing residences as possible.
C. Atleast one week prior twcommencement uf grading, the applicant shall post
the site and rnmi| to the owners of property within 300 feet of the exterior
boundary ofthe project mitenotioethatoonatructionvvmrkvviUoVrnnnenca' The
notice shall include o list ofcontact persons with name, title, phone number
and area ofresponsibility. 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 innp|arnant corrective action in their area
of responsibility. The names ofthe individual responsible for noise and litter
control shall beexpressly identified in the notice. The notice shall be reissued
with each phase ofmajor grading activity.
A copy Of the notice 3h8U be concurrently transmitted to the CnnlrnUnity
Development Department. The notice shall be accompanied by o list of the
names and addresses of the property owners noticed, and a map identifying the
area noticed.
O. 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 enimmediate work stoppage. Construction
work shall not be allowed to resume until, if necessary, on appropriate
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construction bond has been posted.
E. The applicant shall make a good-faith effort to avoid.interference with existing
neighborhood traffic flows. Prior toissuance nfbuilding permits, the proposed
roads serving this development shall be constructed to provide access toeach
|ot. This shall include provision for an on-site area in which to park earth
moving equipment.
11 . At least 45 days prior torecording o Final Map, issuance of a grading permit or
installation of improvements or utilities, submit e preliminary geology, mni|' 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 ehoU carry out the recommendations ofthe approved report.
12' The report required above shall include evaluation of the pVtaxba\ for liquefaction,
seismic settlement.
13. Record a statement tOrun with deeds t0 the property aCkn0vv|8d0inQ the approved
repOrt.bytit|8, author (firm), and date, calling attention tOapproved [8COn101HUd8tiOOs,
and noting that the report ioavailable from the seller.
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14. Prior to the issuance of building permits, the applicant shall submit a detailed
Transportation Demand Management (TDM) Plan for review and approval of the Zoning
Administrator (unless otherwise required by a TDM Ordinance). The approved TDM
Plan shall be operative prior to final inspection by the Building Inspection Department.,
15. Provision of a Child Care Facility or program is required for this development. The
program shall be submitted for the review and approval of the Zoning Administrator
prior to the filing of the Final Map.
16. 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.
17. At least 30 days prior to requesting the 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 streets, setbacks and each frontyard shall conform to the
County's Landscape Guidelines. A typical 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 the site.
-C. Submit a street tree planting plan prior to recording the final map. A minimum
of one (1) 15-gallon street tree shall be planted on each non corner lot. Corner
lots shall have at least three trees planted on them. Landscaping and irrigation
systems along Live Oak Avenue shall be installed prior to issuance of building
permits.
D. All landscaping shall be maintained by the developer until occupancy or
annexation to a landscape and 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 deed notification of the fact that this site is
within a landscape and lighting district.
E. The masonry wall along Live Oak Avenue shall not be straight all along its
frontage. There shall be two to three setbacks of at least two or three feet.
The wall shall conform to recommendations of the acoustical report unless
specifically waived by the Zoning Administrator. The rnasonry wall shall be
erected prior to issuance of building permits for this development. The design
5.
and color and finish of the wall shall be submitted to the Zoning Administrator
for that-person's review and approval after it has been submitted to the Oakley'
Municipal Advisory Council for their comments. The comments of the Council
shall be forwarded to the Zoning Administrator.
F. Fence design and location shall be shown on landscape plans. The fencing shall
be designed to stand up in the sandy soil of the site by use of suitably spaced
cement pilasters or wood clad metal poles. Fencing shall be established along
all sides of the site that do not front upon the streets.
G. Grading plan shall include an erosion protection for all slopes greater than 5 feet
or more in height. Hydroseeding shall be used as recommended by a certified
landscape architect.
18. Prior to recording the final map for this project, the developer shall submit will serve
letters from the Antioch School District.
19. Prior to recording the final map or issuance of a grading permit the structures on site
shall be removed. The applicant shall submit written proof that any abandoned wells
and/or septic systems have been destroyed under permit of the Health Department,
Environmental Health Division.
20. 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 Live Oak Avenue.
a. Constructing curb, four-foot six-inch sidewalk (width measures
from curb face), necessary longitudinal and transverse drainage
and necessary pavement widening along the frontage will satisfy
this requirement. The ultimate alignment of Live Oak Avenue is
available from the Public Works Department, Road Engineering
Division.
b. On all public roads with longitudinal slopes less than five percent,
all public pedestrian access ways shall be designed in accordance
with Title 24 (Handicap access). This shall include all driveway
depressions as well as handicap ramps.
6.
-c. The face of curb shall be 10 feet from the ultimate right of way
line.
2) Installing street lights. The final number and location of the lights shall
be determined- by the Public Works Department, Road Engineering
Division. This property has already been annexed to County Service
Area L-100 for maintenance of the street lights.
3) Install all new utility distribution services underground.
4) Constructing storm drainage facilities pursuant to Drainage Area 29H as
follows:
a) Convey all stormwaters 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 stormwaters to a natural watercourse.
b) Construct the portion of Line B from Basin #2 to the existing
portion of Line B on the south side of Oakley Road upon the
completion of outfall Line A of Drainage Area 29H by the
developer of Subdivision 7330, or if more than the initial 20 units
are constructed on this property.
c) Construct that portion of Basin #2 and that portion of Lines B
and B-2, which are located within the boundary of the subject
property.
d) After the completion of the first 20 units on this property, the
applicant may build additional units if outfall Line A is not
completed provided it can demonstrate, on the basis of Contra
Costa County Public Works Department Office Standard 62, that
Basin #2 has the necessary infiltration capacity to accommodate
stormwater run-off from the additional units.
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.
6) Installing, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
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7) Submitting improvement plans prepared by a registered civil engineer,
payment of review and inspection fees, and security for a
` imo.provanomn1m required by the Ordinance Coda or the conditions of
approval for this subdivision. These plans shall include any necessary
traffic signage and striping plans for rmvjaxv by the Public Works
Department, Road Engineering Division.
8) Submitting a Final Map prepared by o registered civil engineer or
|ioenned |ond_survoyor.
B. Convey tothe County, by Offer of Dedication, additional right ofway on Live
Oak Avenue as required for the planned future width of GG feet.
C. Provide for adequate sight distance for a design speed of 45 MPH at the corner
of Live Oak Avenue and B Lago Drive in accordance with CALTR/\NS
standards.
O. Convey to the County, by Offer ofDedication, right ofway for ostandard 30
foot curb return at the southwest corner of the intersection of the ^B" Street
right of way and the existing 30 foot right of way along the northern property
line.
E. Realign B Lago Drive to the north to align with the property line on the west
side Of Live Oak Avenue to allow for a future four way intersection.
F. Relinquish abutter's rights of access along Live Oak Avenue with the exception
of 58fVOt wide opening for B Lago Drive.
G. Construct the on-site road system to County public road standards and convey
to the County' by Offer ofOedic Dedication, the correspondingh ht of
way.
H. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
L Install permanent landscaping and automatic irrigation facilities within the
border areas, and install interim landscaping features within the future road
areas, if any. All work shall be done in accordance with the guidelines and
.
standards qfthe County. Funding of, and maintenance of, the new plantings
ohoU be guaranteed by the developer until the expiration of. the plant
ooteb|iohrnant period and, until funds are available through o landscaping
district.
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J. 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).
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K. Submit landscaping plans to the Public VVVrkoand pay iha o\on
review and field inspection fees. All landscaping and irrigation facilities shall
be maintained by the applicant until funds become available for their
maintenance by the County after final inspection is cleared.
L Furnish proof to the Public Works Department, Engineering Services Division'
Ofthe acquisition of all necessary rights of entry, permits and/or easements for
the construction of off'oite, temporary or permanent, road and drainage
improvements.
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M. If, after good faith negotiations, the applicant is unable toacquire necessary
rights of way and easements, he shall enter into an agreement with the County
tocomplete the necessary improvements at such time anthe County acquires
the necessary interests in accordance with Section 86462 and Section
66482.5 of the Subdivision Mbp Act.
N. Prior to filing the Final Map, apply to the Public VVcvkS Department for
annexation of the property to Drainage Area 290 for the maintenance and .
operation ofthe drainage area's drainage facilities. The application will require
o metes and bounds description of the property.
O. Provide deed notification tothose parcels that access off B Logo Drive and ^A^
and ^B^ Streets, and install signage at the end of the road, to inform
prospective property owners that B Lago Drive, ^A" and "B" Streets and the
road required along the northerly property line may b8extended inthe future.
21 . Pursuant to Government Coda Section 6647.8' 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
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from any claim, �Ct\�n, Ur pr0Cnnd\ng �g3}nS� th8 Department (theCOunty) or its
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agents, officers, oremployees tuattack,�set ma\de' void, or annul, the Department's
approval concerning this subdivision (fcv SUB 7707 and D.P. 3034'91) rnep
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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 inthe defense.
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22. The garage area ofeach residence shall be wired for electric car recharging subject to
the review and approval nfthe Zoning Administrator subject toadoption offinal Board
policy.
ADVISORY NOTES
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A, The East County Regional Planning Cnr0nOis5i0n strongly advises that the County fulfill
its obligation to provide community domestic water supply tnthe three residences
located nnUh'nfth8 detention basin.
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B. Comply with the park dedication fee ordinance.
C. Comply with the requirements of the Oakley Sanitary District.
D. Comply with the requirements of the Oakley Water District.
E. Comply with the requirements of the Building Inspection Department. Building permits
are required prior.to the construction residences on the site. Grading permit shall be
required for this project.
F. Comply with the requirements of the Oakley Fire Protection District.
G. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Oakley/North Brentwood 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 29H 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 orreimbursement
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.
J. 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).
AB/aa
RZXVIII/2971-RZ.AB
8/6/92
8/17/92-EC(a)
1-/12/93-BS(a)
VERY A
REZONING APPLICATION #2971-RZ
A-2 TO P-1
DEVELOPMENT PLAN 3034-91
SUBDIVISION 7707
BELLECCI & ASSOCIATES (Applicant)
NORTH STATE DEVELOPMENT (Owners)
OAKLEY AREA
A REQUEST TO REZONE 11 ACRES OF LAND FROM A-2 TO P-1
FOR 47 LOTS.
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
JANUARY 12, 1993 - 2 : 00 P.M.
SE
Contra
TO: BOARD OF SUPERVISORS Costa
FROM: HARVEY E. BRAGDON _v; s County
DIRECTOR OF COMMUNITY DEVELOPMENT `40
DATE: January 12, 1993
q COUN'�
SUBJECT: HEARING ON REZONING APPLICATION 2971-RZ, AND COMPANION APPLICATIONS
D.P. 3034-91 AND SUBDIVISION 7707, TO REZONE 11 ACRES OF LAND FROM
GENERAL AGRICULTURAL (A-2) TO PLANNED UNIT DISTRICT (P-1), FOR 47 LOTS.
SUBJECT PROPERTY IS LOCATED IN THE OAKLEY AREA. APPLICATION FILED BY
BELLECCI & ASSOCIATES AND NORTH STATE DEVELOPMENT.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Approve Rezoning Application #2971-RZ, D.P. 3034-91 and
Subdivision 7707 subject to the conditions of the East County
Regional Planning Commission (Exhibit "A") , and revise
drainage Condition per Public Works recommendation.
3. Adopt the East County Regional Planning Commission's findings
as set for in Resolution No. 52-1992 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.
FISCAL IMPACT
None
CONTINUED ON ATTACHMENT: X YES SIGN
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
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:Art Beresford-646-2031 ATTESTED
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Bellecci & Associates THE BOARD OF SUPERVISORS
North State Development AND COUNTY ADMINISTRATOR
Public Works-Mitch Avalon
Health Department-Environmental Health BY , DEPUTY
AB/df
•b
Page Two
BACKGROUND/REASONS FOR RECOMM-EMDATIONS
On August 17, 1992, the East'County Regional Planning commission,
after taking testimony, recommended that the Board of Supervisors
approve this project for 47 lots and single family residences: The
East County Regional Planning Commission also advises that the
County fulfill its obligation to provide community water to the
three residences north of the detention basin in this area.
This application was scheduled before the Board on October 27, 1992
and December 8, 1992. The hearing was rescheduled at the
applicant's request. The Public Works Department recommended a
revision of the Conditions of Approval. Their memo is attached.
RESOLUTION NO. 52-1992
RESOLUTION OF THE EAST COUNTY REGIONAL PLANNING COMMISSION OF THE
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS
AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY BELLECCI &
ASSOCIATES (APPLICANT) AND NORTH STATE DEVELOPMENT (OWNER) , (2971-
RZ) I IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING
FOR THE OAKLEY AREA OF SAID COUNTY.
WHEREAS, a request by Bellecci & Associates (Applicant) and
North State Development (owner) (2971-RZ) to rezone land in the
Oakley area from General Agriculture (A-2) District to Planned Unit
District (P-1) , was received on September 17, 1991; and
. WHEREAS, in connection with applicant's requests, an Initial
Study of Environmental Significance was prepared by the Community
Development Department which determined that the requested
entitlements would not have any significant adverse environmental
impacts; and
WHEREAS, for purposes of compliance with provisions of the
California Environmental Quality Act and State and County CEQA
guidelines, a Negative Declaration of Environmental Significance
was prepared, posted and circulated; and
. WHEREAS, after notice was lawfully given, a public hearing was
scheduled before the East County Regional Planning Commission on
Monday, August 17, 1992; whereat all persons interested might
01
appear and be heard; and
WHEREAS, on Monday, August 17, 1992, the East County Regional
Planning Commission having fully reviewed, considered and evaluated
all the testimony and evidence submitted in this matter; and
. NOW, THEREFORE, BE IT RESOLVED that East. County Regional
Planning Commission recommends to the Board of Supervisors of the
County of Contra Costa, State of California, that the rezoning
request of Bellecci & Associates (Applicant) and North State
Development (owner) (2971-RZ) be approved to rezone 11.0± acres of
land from General Agricultural District (A-2) to Planned Unit
District (P-1) , along with Final Development Plan 3034-91 and
Subdivision 7707, and that this zoning change be made as indicated
on the finding maps entitled: Page G-24 of the County's 1978
Zoning Map.
BE IT FURTHER RESOLVED that the reasons for these
recommendations are as follows:
1. The project as formulated complie's with the requirements
of the County General Plan.
Page Two RESOLUTION NO. 52-1992
2. The project will provide needed entry level housing for
the area.
3. The project will constitute a residential environment of
sustained desirability and stability and will be in harmony
with the surrounding neighborhood and community.
BE IT FURTHER RESOLVED that the Chair and the Secretary of the
East County Regional Planning Commission shall respectively sign
and attest the certified copy of this resolution and deliver the
same to the Board of Supervisors all in accordance with the
Planning Laws of the State of California.
The instructions by the East County Regional Planning
Commission to prepare this resolution were given by motion of the
East County Regional Planning Commission on Monday, August 17,
1992, by the following vote:
AYES: Commissioners - Maybee, Planchon, Andrieu,
Hanson, Hern
NOES: Commissioners - None
ABSENT: Commissioners - Sobalvarro, Wetzel
ABSTAIN: Commissioners - None
I, Earl Wetzel, Chair of the East County Regional Planning
Commission of the County of Contra Costa, State of California,
hereby certify that the foregoing was duly called and held in
accordance with the law on Monday, September 21,. 1992, and this
resolution was duly and regularly passed and adopted by the
following vote of the Commission:
AYES: Commissioners - Planchon, Hanson , Sobalvarro,
Wetzel
NOES: Commissioners - None
ABSENT: Commissioners - Andrieu, Hern, Maybee
ABSTAIN: Commissioners - None
Page Three RESOLUTION NO. 52-1992
EARL WETZEL
Chair of the East County Regional
Planning Commission, County of Contra
Costa, State of California
ATTEST:
Secretary o he East County Regional
I t,
Planning Coyission, County of Contra
Costa, State of California
AB/df
2971-RZ.res
Findings Map --
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GUM TR as
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Rezone From, _Tom! —,—Area
,Chairman of the East County
Regional Planning Commission,Contra Costa County,State of California,
do hereby certify that this is a true and correct copy of I,E
•-..� -^i G.6UAS'M� IG"?Q 201S�t�i U ��
ur tirrr-
indicating thereon the decision of the East County Regional Planning -
Commission in the matter of ��'�►� �t��cxu:ru-r.
s4-7 1- QZ
Chairman of the Ea County Regional
jecarPlanning Commission,State of California
y
f e EastCounty Regional
om ission,State of California
Bellecci & Associates North State Development Oakley Water District
2290 Diablo Blvd. 4021 Port Chicago Hwy 27 Main St.
Suite 100 Concord, CA 94524 Oakley, CA 94561
Concord, CA 94520
Oakley Sanitary District Oakley Fire District Howard Hobbs
P.O.. Box 1105 P.O. Box 207 OMAC
Oakley, CA 94561 Oakley, CA 94561 P.O. Box 212
Oakley, CA 94561
Stanni Holt Oakley Parks Christine Fertado &
Brentwood News 235 Woodglen Place Everett Roy Gragg
654 Third St. Oakley, CA 94561 Rt. I Box 4761
Brentwood, CA 94513 Oakley, CA 94561
Roland Salvador Kit & Dorothy Carpenter Donald & Jean De Sair
Rt. 1 Box 242 - A 4660 Live Oak Avenue Live Oak Rt. I Box 227
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Michael & Lisa Hurd Mark & Kelly Zacharias C & Karen Garner
237 Marble Drive 4621 Live Oak Lane P.O. Box 72
Antioch, CA 94509 Oakley, CA 94561 Oakley, CA 94561
Daniel & Virginia Kirby Paul & Debra Matheson Sue & Leroy Hobbs
2351 Oakley Road 4900 Beldin Lane 2441 Oakley Rd.
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Cecil & Edna Westberry Mario Camorongan North State Development
4711 Live Oak Avenue 2933 Honeysuckle Ct. 4300 Railroad Avenue
Oakley, CA 94561 Antioch, CA 94509 Pittsburg, CA 94565
Douglas & Jeanette Clifford & Scottie Munns Clifford & Patricia
Williams 2806 Stirrup Drive Carlson
4651 Live Oak Avenue Oakley, CA 94561 Rt. 1 Box 231
Oakley, CA 94561 Oakley, CA 94561
Ines Marchetti Norman & Caroline Barnard Carl & Peggy Cross Est
4971 Live Oak Avenue 4830 Beldin Lane Rt. 1 Box 244
Rt. 1 Oakley, CA 94561 Oakley, CA 94561
Oakley, CA 94561
Virginia Summey Alfredo & Manuela Flores Morrison Homes
4930 Live Oak Avenue 4807 Live Oak Avenue 2255 Contra Costa Blvd.
Oakley, CA 94561 Oakley, CA 94561 #200
Pleasant Hill, CA 94523
Wayne & Patricia Scott Noia & Marie Antonio Lyle & Valerie Fedje
Rt. I Box 231CC 4563 Live Oak. Lane 2805 Stirrup Drive
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Lonnie & Frances Coats Richard -& Peggy Stritt Roy & Melody Griffin
79 Ceemar Court Rt. I Box 246 4841 Beldin Lane
Concord, CA 94519 Oakley, CA 94561 Oakley, CA 94561
Roger & Joan Freitas Johnny & Bonnie Merrill Ronald & Marilyn Stacy
2451 Oakley Rd. Rt. 1 Box 232A Rt. 1 Box 232AA
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Wayne & Linda Myers Hillside Park Partners George & Wanda Reparsky
4540 Quarter Ln. 2900 Mendocino Avenue 4830 Live Oak Lane
Oakley, CA 94561 Santa Rosa, CA 95403 Oakley, . CA 94561
Gary & Barbara Mello Larry & Didi Del Chiaro Tom & Jessie Raney
Rt. 1 box 224-C Rt. 1 Box 224-D Rt. 1 Box 255-A
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
Michael & Jerri Boccio Richard & Susan Garrison Charles Garrison, Jr.
Rt. I Box A 4580 Quarter Lane 4555 Haggar Lane
231 Live Oak Oakley, CA 94561 Oakley, CA 94561
Oakley, CA 94561
Mike Boccio 2971-RZ.lab
4820 Live Oak
Oakley, CA 94561
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: December .19, 1992
TO: Art Beresford, Project Planner
FROM: Steven J. Wright, Associate Civil Engineer, Road Engineering
SUBJECT: Subr?division 7707,=Modification to Condition of Approval 20.A.4)
Please modify Subdivision 7707 Condition of Approval 20.A.4) as follows:
20.A.4) Constructing storm drainage facilities pursuant to Drainage Area 29H as
follows:
(a) Convey all stormwaters 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 eadsting adequate storm drainage facility which conveys the
stormwaters to a natural watercourse.
(b) Construct the portion of Line B from Basin #2 to the existing portion
of Line B on the south side of Oakley Road upon the completion of
outfall Line A of Drainage Area 29H by the developer of Subdivision
7330, or if more than the initial 20 units are constructed on this
property.
(c) Construct that portion of Basin #2 and that portion of Lines B and B-
2, which are located within the boundary of the subject property.
(d) After the completion of the first 20 units on this property, the applicant
may build additional units if outfall Line A is not completed provided
it can demonstrate, on the basis of Contra Costa County Public Works
Department Office Standard 62, that Basin #2 has the necessary
infiltration capacity to accommodate stormwater runoff from the
additional units.
S W:sjw
A:7707D.t10
CC: P. Harrington, Flood Control
M. Avalon
M. Lysons
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR REZONING 2971-RZ APPROVED BY THE EAST COUNTY
REGIONAL PLANNING COMMISSION - AUGUST 17 1992
1 . This approval is based upon the exhibits received by the Community Development-
Department as follows:
A. Exhibit A - Revised vesting tentative map dated received April 1 , 1992 for
2971-RZ, SUB 7707 and D.P. 3031-91 for 47 lots and single family residences
on the 11 acre site together with a preliminary grading map on the same sheet.
Lot #15 shall be relocated to the area north and contiguous to Lots #16 and
#17. Lots #11 through #14 shall be widened and a 30' wide public access
easement shall be extended west from "B" Street to the neighboring property.
All lots shall have a minimum of 35' of frontage.
2. Sewage disposal serving the property concerned with this application shall be provided
by the Oakley Sanitary District.
3. Water servicing this property concerned with this development shall be provided by the
Oakley Water District.
4. Comply with the requirements of the Oakley Fire Protection District, including the
provisions of water supply and fire hydrants as determined by the District.
5. The total number of lots. shall not exceed 47. The development may be developed in
phases subject to the review and approval of the Zoning Administrator.
AB/aa
RZXVIII/2971-RZC.AB
8/6/92
8/17/92 - EC(a)
`
. . . .
EXHIBIT '//\''
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN 3034-91, AND SUBDIVISION
7707 APPROVED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION ON AUGUST
17, 1992
1 . This approval is based upon the exhibits received by the Community Development
Department listed as follows:
A. Exhibit A Revised vesting tentative map dated received April 1' 1982 for
2971'RZ, 3034-91and SUB 7707 for 47 lots single family residences on the
11 acre site together with o preliminary grading plan for the site on the same
sheet. Lot #1Gshall berelocated tothe area north and contiguous toLots #1G
and #17. Lots #11through #14shall bewidened and o3O' wide public access
easement shall be extended vveo1 from "B" Street tothe neighboring property.
All lots shall have a minimum of 35' of frontage.
2. Development may bodone |nphases subject 10the review and approval ofthe Zoning
Administrator. The approval for final development plan 3O34-S1shall run concurrently
and with the approval of SUB 7707' This approval isfor three (3) years. One three
(3) year extension can be granted if requested in writing prior t0the expiration date
and accompanied byproper fee.
. 3' Any revision of internal circulation plan and lot layout ahoU be subject tothe 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
locations, elevations, driveway, fencing plans, and street tree locations. Side entry
for recreational vehicle parking nhoU be developed where feasible. ^
4. Guide for development and use provisions of this site ahoU be as fd|ovva:
A. Setback of residential units. shall be varied between 15 and 20 feet. All
garages will have msetback mfatleast 2Ofeet ifthey faced directly onto the
street. Frontyard setbacks may be reduced to 15 for covered porches Or Other
living areas ofthe residence. Sidmyard rninirnunn shall be 5 feet with mt01a|
aggregate sideyardof1Ofeet. RearYardminimum are 15feet. The R'Groning
district shall baused Gmaguide for height and/or lot coverage and uses mfthe
lots aawell amthe location qfdetached sheds uroutbuildings. The residences
of this development shall be of neutral color and have complementary colors.
All garages within this project shaUbabui|txvith'v8rtio8/ mpaningganagedoona.
5. Should archaeological materials be uncovered during grading,trenching o-r other on-site
excavation(s), earthwork within 30 yards of these materials shall be stopped until o
professional archaeologist who iacertified bythe Society for California Archaeology
(SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity
tVevaluate the significance ofthe find and suggest appropriate rnitigation(s)' ifdeemed
necessary.
G. Sewage disposal serving the property concerned in this application will be providedby
the Oakley Sanitary District. Prior to recording the final map will serve letter from
the Oakley Sanitary District shall be submitted.
. . . .
2.
7. Water supply for this development mhmU be provided by the Oakley Water District.
Prior to recording the final map a will serve letter from the Oakley Water District shall
be submitted.
8. \8/here a lot/parcel is located within 300 feet of a high voltage electric 1renarnianiom
line, the applicant shall record the following notice:
'
"The subject property is located near a high voltage electric
transmission line. Purohooama should be aware that there is
ongoing research on possible potential adverse health effects
caused by the exposure to magnetic field generated by high
voltage Unan' Although much more research is needed before
the question ofwhether magnetic fields actually cause adverse
health effects can beresolved, the basis for such onhypothesis
is established. f4tthis time norisk assessment has been nmmde."
. 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.
S. The following statement ahuU 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:
"Thio document shall serve as notification that you have
purchased land inanagricultural 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 VOsurrounding properties. This statement is, again,
notification that this is part of the agricultural Vv$y of life in the -
open space areas Vf Contra Costa County and you should be
fully aware of this at the time of purchase."
10' Comply with the following construction, noise, dust and litter control requirements:
A. Noise generating construction activities, including such things as power
anoratO:m' shall be limited tothe 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.
3.
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.
11 . At least 45 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.
12. The report required above shall include evaluation of the potential for liquefaction,
seismic settlement:
13. 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.
4.
14. Prior to the issuance of building permits, the applicantshall submit a detailed
Transportation Demand Management(TDM) Plan for review and approval of the Zoning
Administrator (unless otherwise required by a TDM Ordinance). The approved TDM
Plan shall be operative prior to final inspection by the Building Inspection Department.
15. Provision of a Child Care Facility or program is required for this development. The
program shall be submitted for the review and approval of the Zoning Administrator
prior to the filing of the Final Map.
16. 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.
17. At least 30 days prior to requesting the 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 streets, setbacks and each frontyard shall conform to the
County's Landscape Guidelines. A typical 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 the site.
C. Submit a street tree planting plan prior to recording the final map. A minimum
of one (1) 15-gallon street tree shall be planted on each non corner lot. Corner
lots shall have at least three trees planted on them. Landscaping and irrigation
systems along Live Oak Avenue shall be installed prior to issuance of building
permits.
D. All landscaping shall be maintained by the developer until occupancy or
annexation to a landscape and 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 deed notification of the fact that this site is
within a landscape and lighting district.
E. The masonry wall along Live Oak Avenue shall not be straight all along its
frontage. There shall be two to three setbacks of at least two or three feet.
The wall shall conform to recommendations of the acoustical report unless
specifically waived by the Zoning Administrator. The masonry.wall shall be
erected prior to issuance of building permits for this development. The design
5.
and color and finish of the wall shall be submitted to the Zoning Administrator
for that person's review and approval after it has been submitted to the Oakley
Municipal Advisory Council for their comments. The comments of the Council
shall be forwarded to the Zoning Administrator.
F. Fence design and location shall be shown on landscape plans. The fencing shall
be designed to stand up in the sandy soil of the site by use of suitably spaced
cement pilasters or wood clad metal poles. Fencing shall be established along
all sides of the site that do not front upon the streets.
G. Grading plan shall include an erosion protection for all slopes greater than 5 feet
or more in height. Hydroseeding shall be used as recommended by a certified
landscape architect.
18. Prior to recording the final map for this project, the developer shall submit will serve
letters from the'Antioch School District.
19. Prior to recording the final map or issuance of a grading permit the structures on site
shall be removed. The applicant shall submit written proof that any abandoned wells
and/or septic systems have been destroyed under permit of the Health Department,
Environmental Health Division.
20. 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 Live Oak Avenue.
a. Constructing curb, four-foot six-inch sidewalk (width measures
from curb face), necessary longitudinal and transverse drainage
and necessary pavement widening along the frontage will satisfy
this requirement. The ultimate alignment of Live Oak Avenue is
available from the Public Works Department, Road Engineering
Division.
b. On all public roads with longitudinal slopes less than five percent,
all public pedestrian access ways shall be designed in accordance
with Title 24 (Handicap access). This shall include all driveway
depressions as well as handicap ramps.
6.
C. The face of curb shall be 10 feet from the ultimate right of way
line.
2) Installing street lights. The final number and location of the lights shall
be determined by the Public Works Department, Road Engineering
Division. This property has already been annexed to County Service
Area L-100 for maintenance of the street lights.
3) Install all new utility distribution services underground.
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 storm drainage facility which conveys the storm
waters to a natural watercourse. This will require the construction of
a portio of Line B from Basin #2 to the existing portion of Line B on the
south side of Oakley Road, construction of the portion of Line B-2 from
the westerly property line of this development to Basin #2, and a portion
of Basin #2 that is proportional to this developments run-off into the
basin. The applicant should also participate in the construction of Line
A of the Drainage Area 29H plan with Subdivision 7330.
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.
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 Public Works
Department, Road Engineering Division.
8) Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
B. Convey to the County, by Offer of Dedication, additional right of way on Live
Oak Avenue as required for the planned future width of 66 feet.
C. Provide for adequate sight distance for a design speed of 45 MPH at the corner
of Live Oak Avenue and EI Lago Drive in accordance with CALTRANS
standards.
`
7.
D. Convey tothe County, by Offer of Dedication, right of way for a standard 30
foot curb return at the southwest corner of the intersection of the "B" Street
right of way and the existing 30 foot right of way along the northern property
line.
E. Realign B Laoo Drive to the north tmalign with the property Una onthe west
side Of Live Oak Avenue to allow for future four way intersection.
F. Relinquish abutter's rights of access along Live Oak Avenue with the exception
of 50'fomtvvide opening for B Lmgo []rive.
G. Construct the on-site road system to County public road stand,ards and convey
to the County, by Offer of Dedication, the corresponding right of way.
H. Prevent otVrnl drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
\' Install permanent landscaping and automatic irrigation facilities within the
border areas' and install interim landscaping features within the future.road
areas, ifany. All work shall be done in accordance with the guidelines and
standards of the County. Funding of, and maintenance of, the new plantings
shall be guaranteed by the developer until the expiration of the plant
establishment period and, until funds are available through a landscaping
district.
J. Apply to the Public Works Department for annexation to the C' Landscaping District AD 1879-3 (LL-2) for the future maintenanceof
landscaping and inigoti6n facilities in borders and other areas ("open space" is
specifically excluded).
'
K. Submit landscaping plans tothe Public Works Department and pay the plan
review and field inspection fees. All landscaping and irrigation facilities shall
be maintained by the applicant until funds bmoorna available for their
maintenance by the County after final inspection is cleared.
L. Furnish proof to the Public Works Department, Engineering Sanvioaa Ok/eion'
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. ~ `
M. If, after good faith negotiations, the applicant is unable to acquire necessary
' rights ofway and easements, he shall enter into anagreement with the County
to complete the necessary improvements at such time as the County acquires
the necessary interests in accordance with. Section 86402 and Section
60462.5 of the Subdivision Map Act.
^
8.
N. Prior to filing the Final Map, apply to the Public Works Department for
annexation of the property;to Drainage Area 290 for the maintenance and
operation of the drainage area's drainage facilities. The application will require
a metes and bounds description of the property.
0. Provide deed notification to those parcels that access off EI Lago Drive and "A"
and "B" Streets, and install signage at the end of the road, to inform
prospective property owners that EI Lago Drive, "A" and "B" Streets and the
road required along the northerly property line may be extended in the future.
ADVISORY NOTES
A. The East County Regional Planning Commission strongly advises that the County fulfill
its obligation to provide community domestic water supply to the three residences
located north of the detention basin.
B. Comply with the park dedication fee ordinance.
C. Comply with the requirements of the Oakley Sanitary District.
D. Comply with the requirements of the Oakley Water District.
E. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction residences on the site. Grading permit shall be
required for this project.
F. Comply with the requirements of the Oakley Fire Protection District.
G. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Oakley/North Brentwood 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 29H 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.
^ . . .
8.
J. The aoo|ic |ntaheU be required tocomply with all udau, ragudabono, and procedures of
the National Pollutant Discharge Elimination System (NPOE8) for municipal,
construction and industrial aotivhiaa as promulgated by the California State Water
Resources �
'Boanj' or anyfitaRagiona| Water Quality Control BoonJa (San
Francisco Boy ' Region |\ or Central Valley - Region V).
/\B/aa
RZXVU|/2971-RZ./\B �
8/G/S2
8/17/92-EC(a)
Agenda Item&
Community Development Contra Costa County
EAST COUNTY REGIONAL PLANNING COMMISSION
MONDAY, AUGUST 17 1992 - 7:00 P.M.
INTRODUCTION
BELLECCI & ASSOCIATES (Applicant) NORTH STATE DEVELOPMENT (Owner),
County File #2971-RZ: The applicant requests approval to rezone 11.0 acres of land
from General Agriculture District'(A-2) to Planned Unit District (P-1).
BELLECCI- & ASSOCIATES (Applicant) - NORTH STATE DEVELOPMENT (Owner),
County File #3034-91: The applicant requests approval of a final development plan
to develop the site with 47 Single Family Residential Lots and a 2.0 acre area for part
of a larger detention basin.
SUBDIVISION 7707 (Applicant: Bellecci & Associates) (Owner: North State
Development): The applicant'reqOests approval of a vesting tentative map to subdivide
the 11.0 acre site into 47 Single;Family Lots and a 2.27 acre detention basin-area.
Subject property for the above referenced projects consists of Parcel B and most of
Parcel D"6f MS 7-74 and a small portion of Parcel A of MS 85-75. The site fronts for
approximately 446 feet on the east side of Live Oak Avenue, approximately 1,150 feet
south of Oakley Road, in the Oakley area. (A-2) (ZA: G-24) (CT 3020.0) (Parcel #041-
100-018, -020, -022)
11. RECOMMENDATION
Staff recommends that the East County Regional Planning Commission adopt a
resolution recommending that the Board of Supervisors approve this planned unit
development subject to the attached conditions of approval.
Ill. GENERAL INFORMATION
A. General Plan: The site designated Single Family Residential-High Density on the
1991 County General Plan (5 - 7.2 du/net acre). Areas to the north, east and
south are also designated Single Family Residential-High Density. Properties to
the west of the site across Live Oak Road are designated- Single Family
Residential-Low Density. The proposal conforms to the General Plan for the
area.
B. Zoning Present zoning - General Agridultural District (A-2).
Proposed zoning - Planned Unit District (P-1).
C. CEQA Status: A Negative Declaration of Environmental Significancd was
posted for this project on,June 11 1992.
2
D. agL: The soils on the site are Delhi sand. This is a Class 3 soil and is not
considered prime agricultural lands.
E. Surrounding Areas: The surrounding area is a mix of remaining larger parcels
and on-going, higher density residential development. This proposal would be
an extension of a pending subdivision southeast of the site. There are approved
subdivisions extending easterly of the site to Empire Avenue. Properties to the
north are generally larger lots that potential for.further development under the
General Plan designation of Single Family Residential High Density.
IV. AGENCY COMMENTS
A. Oakle.v Municipal Advisory Council: See attached letter. The Council
recommended approval.
B. Antioch Unified School District: See attached letter.
C. Redevelopment Agency: This project is consistent with redevelopment plan.
D. Health Services Department, Environmental Health Division: All abandoned
wells and septic tanks must be destroyed under permit to this division prior to
any work on this site:
E. California Archaeological Inventor: There is a low possibility of archaeological
sites. Further study for archaeological resources is not recommended.
F. Oakley Fire Protection District: See attached letter.
G. Building Inspection Department:
1. Require preliminary soils report prior to construction of residences on
site.
2.t Grading permit required for site development.,
H. Oakley Sanitary District: The District will provide sewer service to this project
subject to capacity available in the collection system and treatment plant at the
time of issue of the building permit and subject to the following conditions:
1 All construction to comply with the conditions and specifications of the.
Oakley Sanitary District.
2. Payment of all applicable fees as required by ordinance.
3. Main sewer line construction off-site required.
1. Oakley Water District: The District will provide water service providing all the
District's specifications and regulations are met..
3
V. ROAD AND DRAINAGE CONSIDERATIONS
The attached conditions of approval based on the September, 1991 tentative map,
include road and drainage requirements. The applicant should be fully aware of the
County Subdivision Ordinance Code requirements as they pertain to this development..
The proposed development is located in Drainage Area 29H. No further development
will be allowed in Drainage Area 29H until Line A of the Drainage Area 29H plan has
been constructed. The proposed development should participate in the cost of the
construction of Line A of the Drainage Area 29H plan with proposed Subdivision 7330.
There is need for a roadway along the northern property line of proposed Lot 15 within
the dedicated easement to serve the parcel at the northwest corner of this develop-
ment. The applicant should construct a half-width roadway to County public road
standards within the County easement.
V1. STAFF DISCUSSION/EVALUATION
The rezoning of the site from General Agricultural District to the Planned Unit District
will bring site zoning into conf 6rmance with the General Plan for the area. The
proposed density of 5.7 dwelling units per net acre is in conformance with the General
Plan for the area. General Plan designates the area density range of 5 to 7.2 dwelling
unit per net acre.
The proposed detention basin would be enlarged from that already approved for
Subdivision 7385 just east of the site and is one of the planned facilities for handling
a storm run-off water in this area of Oakley.
There is a 30 foot easement existing on the northerly side of this site. The easement
runs all the way from "B" Street to Live Oak Avenue across neighboring property
indicated owned by a Thomas. Staff recommends that the applicant be required to
construct a Public half-width road within the 30' easement along the North property
line. This would allow access to the Thomas' property from,internal streets and would
allow for the orderly development of that property and properties to the north, all of
which have potential for further development. This will necessitate the reduction of
the number of lots on the site by;one. Lot 15 should be eliminated; Lots-11 through
14 should be enlarged and widened slightly.
The Live Oak Avenue frontage of the site should be walled with a suitable masonry
wall. The wall should have step backs to eliminate the visual effect of a straight wall
and provide a more interesting street aspect,the sidewalk along Live Oak Avenue can
be straight as was shown on the neighboring subdivision on the Carpenter property to
the south, SUB 7599. The Live Oak Avenue frontage should be suitably landscaped
with trees and bushes as per Landscape Guidelines for the Oakley area.
All structures on the site will have to be removed prior to recording the parcel map for
this development.
The perimeters of the site not fronting upon street shall be suitably fenced with a solid
wood fence with cement or wood clad metal poles designed to hold up the fence in
4
the sandy soil. The front.yards of the various residences proposed for this develop-
ment shall be landscaped prior to occupancy as required by other subdivisions in the
area.
Prior to recording the final map for-this development, the developer will have to reach
agreement with the water and sanitary districts for the provision of water and sewage
• service to this site.
The development is over 30 units:and will have to make provisions for child care needs
per the County ordinance.
A Transportation Demand Management (TDM) plan will also be required prior to
development of this site per County Ordnance.
VII. CONCLUSION
Based upon the above staff report and the General Plan designation of the site for
Single Family Residential-High Density, staff recommends that the. East County
Regional Planning Commission adopt a resolution recommending to the Board of
'Supervisors that this development be approved for 46 rather than the 47,lots for a
road to be extended to the west from "B" Street at proposed lot is.
Further, the development should'. approved subject to the attached conditions of
approval.
AB/aa
RZXVIII/2971-RZ.AB
8/6/92
8/10/92
CONDITIONS OF APPROVAL FOR REZONING 2971-RZ
1 This approval is based upon the exhibits received by the Community Development
Department as follows:
A. Exhibit A - Revised vesting tentative map dated received April 1, 1992 for
2971-RZ, SUB 7707 and D.P. 3031-91 for 47 lots and single family residences
on the 11 acre site together with a preliminary grading map on the same sheet.
This approval is for 46 lots (Lot 15 shall be eliminated) and Lots 11 through 14
enlarged and a 30 foot wide public access easement provided along the
properties north property line, west of proposed "B" Street.
2. Sewage disposal serving the property concerned with this application shall be provided
by the Oakley Sanitary District.
3. Water servicing this property concerned with this development shall be provided by the
Oakley Water District.
4. Comply with the requirements of the Oakley Fire Protection District, including the
pr vis 0 i ions of water supply and fire hydrants as determined by the District.
5. The total number of lots shall not exceed 46. The development may be developed in
phases subject to the review and approval of the Zoning Administrator.
RZXVIII/2971-RZC.AB
8/6/92 ,
CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN 3034-91 AND SUBDIVISION
7707
1 This approval is based upon the exhibits received by the Community Development*
Department listed as follows:
A. Exhibit A - Revised vesting tentative map dated received April 1, 1992 for
2971-RZ, 3034-91 and SUB 7707 for 47 lots single family residences on the
11 acre site together With a preliminary grading plan for the site on the same
sheet. This approval is for 46 lots. Lot 15 shall be eliminated and Lots 11
through 14 enlarged and a 30 foot wide public access road easement created
across the northerly property line west of proposed "B" Street.
2. Development may be done in phases subject to the review and approval of the Zoning
Administrator. The approval for final development plan 3034-91 shall run concurrently
and with the approval of SUB 7707. This approval is for three (3) years. One three
(3) year extension can be granted if requested in writing prior to the,,expiration date
and accompanied by proper fee.
3. Any revision of internal circulation plan and lot layout shall be subject to the 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
locations, elevations, driveway, fencing plans, and street tree locations.
4. Guide for development and use provisions of this site shall be as follows:
A. Setback of residential units shall be varied between 15 and 20 feet. All
garages will have a setback of at least 20 feet if they faced directly onto the
street. Frontyard setbacks may be reduced to 15 for covered porches or other
living areas of the residence. Sideyard minimum shall be 5 feet with a total
aggregate sideyard of 10 feet. Rearyard minimum are 15 feet. The R-6 zoning
district shall be used as a guide for height and/or lot coverage of the lots as
well as the location of detached sheds.or outbuildings. The residences of this
development shall be of neutral color and have complementary colors. 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.
6. Sewage disposal serving the property concerned in this application will be provided by
the Oakley Sanitary District. Prior to recording the final map a will serve letter from
the Oakley Sanitary District shall be submitted.
7. Water supply for this development shall be provided by the Oakley Water District.
Prior to recording the final map a will serve letter from the Oakley Water District shall
be submitted.
8. 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.
9. 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."
10. 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.
11.- At least 45 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.
12. The report required above shall include evaluation of the potential for liquefaction,
seismic settlement.
13. 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.
14. Prior to the issuance of building permits, the applicant shall ,submit'a detailed
Transportation Demand Management(TDM) Plan for review and approval of the Zoning
Administrator (unless otherwise required by a TDM Ordinance). The approved TDM
Plan shall be operative prior to final inspection by the Building Inspection Department.
15. Provision of a Child Care Facility or program is required for this development. The
program shall be submitted for the review and approval of the Zoning Administrator
prior to the filing of the Final Map.
16. 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.
17. At least 30 days prior to requesting the 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 streets,setbacks and each frontyard shall conform to the
County's Landscape Guidelines. A typical 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 the site.
C. Submit a street tree planting plan prior to recording the final map. A minimum
of one (1) 15-gallon street tree shall be planted on each non corner lot. Corner
lots shall have at least three trees planted on them. Landscaping and irrigation
systems along Live Oak Avenue shall be installed prior. to issuance of building
permits.
D. All landscaping shall be maintained by the developer until occupancy or
annexation to a landscape and 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 deed notification of the fact that this site is
within a landscape and lighting district.
E. The masonry wall along Live Oak Avenue shall not be straight all along its
frontage. There shall be two to three setbacks of at least two or three feet.
The wall shall conform to recommendations of the acoustical report unless
specifically waived by the Zoning Administrator. The masonry wall shall be
erected prior to issuance of building permits for this development. The design
and color and finish of the wall shall be submitted to the Zoning Administrator
for that person's review and approval after it has been submitted to the Oakley
Municipal Advisory Council for their comments. The comments of the Council
shall be forwarded to the Zoning Administrator.
F. Fence design and location shall be shown on landscape plans. The fencing shall
be designed to stand up in the sandy soil of the site by use of suitably spaced
cement pilasters or wood clad metal poles. Fencing shall be established along
all sides of the site that do not front upon the streets.
G. Grading plan shall include an erosion protection for all slopes greater than 5 feet
or more in height. Hydroseeding shall be used as recommended by a certified
landscape architect.
18. Prior to recording the final map for this project, the developer shall submit will serve
letters from the Antioch School District.
19. Prior to recording the final map or issuance of a grading permit the structures on site
shall be removed. The applicant shall submit written proof that any abandoned wells
and/or septic systems have been destroyed under permit of the Health Department,
Environmental Health Division.
20. 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 Live Oak Avenue.
a. Constructing curb, four-foot six-inch sidewalk (width measures
from curb face), necessary longitudinal and transverse drainage
and necessary pavement widening along the frontage will satisfy
this requirement. The ultimate alignment of Live Oak Avenue is
available from the Public Works Department, Road Engineering
Division.
b. On all public roads with longitudinal slopes less than five percent,
all public pedestrian access ways shall be designed in accordance
with Title 24 (Handicap access). This shall include all driveway
depressions as well as handicap ramps.
C. The face of curb shall be 10 feet from the ultimate right of way
line.
2) Installing street lights. The final number and location of the lights shall
be determined by the Public Works Department, Road Engineering
Division. This property has already been annexed to County Service
Area L-100 for maintenance of the street lights.
3) Install all new utility distribution services underground.
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 storm drainage facility which conveys the storm
waters to a natural watercourse. This will require the construction of
a portio of Line B from Basin #2 to the existing portion of Line B on the
south side of Oakley Road, construction of the portion of Line B-2 from
the westerly property line of this development to Basin #2,and a portion
of Basin #2 that is proportional to this developments run-off into the
basin. The applicant should also participate in the construction of Line
A of the Drainage Area 29H plan with Subdivision 7330.
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.
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 Public Works
Department, Road Engineering Division.
8) Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
B. Convey to the County, by Offer of Dedication, additional right of way on Live
Oak Avenue as required for the planned future width of 66 feet.
C. Provide for adequate sight distance for a design speed of 45 MPH at the
intersection of Live Oak Avenue and El Lago Drive in accordance with
CALTRANS standards.
D. Construct a half width roadway to County public road standards along the
northerly property line within the existing 30 foot County right of way to serve
the property at the north west corner of this development.
E. Realign El Lago Drive to the north to align with the property line on the west
side of Live Oak Avenue to allow for a future four way intersection.
F. Relinquish abutter's rights of access along Live Oak Avenue with the exception
of a 56-foot wide opening for El Lago Drive.
G. 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.
H. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
I. Install permanent landscaping and automatic irrigation facilities within the
border areas, and install interim landscaping features within the future road
areas, if any. All work shall be done in accordance with the guidelines and
standards of the County.- Funding of, and maintenance of, the new plantings
shall be guaranteed by the developer until the expiration of the plant
establishment period and, until funds are available through a landscaping
district.
J. 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).
K. Submit landscaping plans to the Public Works Department and pay the plan
_
.
review and field inspection fees. All landscaping and inkledon facilities shall
be maintained by the applicant until funds baomnne available for their
'
maintenance bythe County after final inspection iacleared.
L. Furnish proof to the Public VVo|km Department, Engineering Services Division,
ofthe acquisition mfall necessary rights ofentry, permits and/or easements for
the construct/on of off-oite, temporary or permanent, road and drainage
irnproVenloAt8'
'
M. If, after good faith negotiations, the applicant is unable to acquire necessary
rights ofway and easements, heshall enter into onagreement with the County
to complete the necessary improvements at such time as the County acquires
the necessary interests in accordance with Section 68402 and Section
66462.5 of the Subdivision Map Act.
`
N. Prior to filing the, Final Map' apply to the Public Works Department for '
annexation of the property to Drainage Area 290 for the maintenance and
operation ofthe drainage area's drainage facilities. The application will require
a metes and bounds description of the property.
`
O' Provide deed notification to those parcels that access off El Lago Drive and "A"
and "B" Streets, and install signage at the end of the road, to inform
prospective property owners that El LagoDdno, "A" and "B° Streets and the
road required along the northerly property line may be extended inthe future.
ADVISORY NOTES
A. Comply with the park dedication fee ordinance.
B. Comply with the requirements of the Oakley Sanitary District.
C. Comply with the requirements of the Oakley District.
D. Comply with the requirements ofthe Building' InspecbonC)epartnnant' Building permits
are required prior to the construction residences on the site. GradinQ'pormmitmhaU be
required for this project.
E. Comply with the naVuinurnento of the Oakley Fire Protection District.
F. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Oakley/North Brentwood Area of Benefit
as adopted by the Board of Supervisors.
G. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 2BHamadopted by the Board of Supervisors.
.
-MUNICIPAL ADVISCliYCOUNCIL 6&5
CDAKLEF.
P.O. BOX 212-OAKLEY,'CA 94SUI
DATE: C12 IlAy 18
redt�r.TO: Harvey Bragdon, Community DevelopD
DEVEL�.,
Attn: Dennis Barry, Current Planning _"�plr.NT DEPT
Stan Planchon, East County Regional Planning Commission
(Oakley Representative)
Chairman, East county Regional Planning Commission
V
FILE NO: SID 770 Af 71
APPLICANT: Bellecc'i & Associates
OWNER: North States Development 4
The Oakley Municipal Advisory council considered the above referenced
application on /y.;Pz and offers the following recommendation:
RECOMMENDATION:
APPROVE XX DENY NO COMMENT
VOTE: 6
CONCERNS, COMMENTS, AND CONDITIONS:
See attachment OMAC Standard Conditions of Approval
.NOTE: Development plan indicates more parkland than required. Developer offered this lan
in lieu of Park Dedication Fees.
By:
Oakley municipal Advisory council Representative
cc: Supervisor. Tom Torlakson
Applicant
OAKLEY MUNICIPAL ADVISORY COUNCIL
STANDARD CONDITIONS OF APPROVAL
1 . Masonry fences required on all major thoroughfares .
Secondary street fences are r"equired to have pillars
e
ev ry eight feet. All side and rear fences to have
steel posts every 161 .
2. Frontyard landscaping to be provided on all
developments. All plantings will be drought tolerant.
3 . Main thoroughfares will be .landscaped with
drought-tolerant plants. All areas less than 41 width
will be filled with baumite. Where feasible,
meandering sidewalks will be provided.
4 . All developments over 10 acres will be required to
donate land for park development; in lieu of land or
for developments under 10 acres, park dedication fees
are required for each unit. Subdivisions developing
next to each other will be required to dedicate park
land such that it -can be combined.
5 . All roof material will be fire-retardent.
6 . Oak Trees - all existing oak trees will be preserved.
7 . Twenty-five (25%) of the lots will have side access for
RV parking.
8. Bike lanes should be provided as outlined in the Oakley
PArks 'Master Plan.
9 . All subdivisions will be required to join the
applicable service districts.
10. Gas wells - follow state guidelines.
11. Signs advertising developments will not be placed in
the road right-of-way. Signs placed on private
property must have a written -agreement with the
property owner.
12. Work hours will not commence before 7:00 a.m. or exceed
5:00 p.m. Monday thorugh Fridays . :Saturday hours. will
be from 8:00 a.m. through 5:00 p.m. No work on Sundays
or holidays.
ANTIOCH UNIFIED SCk"OL DISTRICT
510'G'Street-P.O.Box 768.Antioch.California Q4,%09-0WA -? PfR)706-4 100-FAX.(510}757 2937
ALAN J.NEWEL"J.D. JAMES R.WELLS,PtI.D.
SUPERVTENDENT OF SCHOOI.S R 23 p1l SUPERINIENDEN17.BUSINESS SERV)CES
DENMS GOETTSCH : 23 JAMES M.pATTON
ASSISTANr SUPERVnENDENr:PERSONNEL SERVICES DIRECTOR RESEARCH AND DSYELoPhqEKr
LYNN STRAIGtff.Ph.D. JAN NIEBERLEIN
ASSISTANT SUPERVnENDENT-EDUCATIONAL SERVICES "Ox DIRECTOR PERSONNEL COMMISSION
tPT
March 20, 1992.
Mr. Frank P. Bellecci
Bellecci & Associates, Inc.
2290 Diamond Boulevard, Suite 100
Concord, California 94520
Subject: Will Serve Letter for Tract 7707 - APN #041-100-018 and
APN #041-100-020
Dear Mr. Bellecci:
This is to inform you that this is a "will serve" letter for Tract 7707 (APN
#041-100-018 and 041-100-020), and that the children from that tract will
be served by the Antioch- Unified School District. The children will be
placed in schools in the District.
At this time we cannot indicate which schools the children will attend.
Placement will take place when the subdivision generates the children.
Should you have any questions about this, please feel free to contact me.
"Yours very truly,
James R. Wells
Assistant Superintendent,
Business Services
JRW:bmc
cc: Art Beresford
Daniel Bort
Greg Mattson
OAKLEY
FIRE PROTECTION DISTRICT
P.0.Box 207
Oakley, California 94561
Business Phone(415) 625-2119
October 3, 1991
Contra Costa County
Community Development Department
651 Pine Street, North Wing - 4th Floor
Martinez, CA 94553
ATTN: Art Beresford
SUBJECT: Subdivision7707Meadow Glen II
East of Live Oak Avenue (3034-91)
South of .Oakley Road
Oakley, CA
Dear Mr. Beresford:
We have reviewed the Development Plan application, dated
September 17, 1991, for the subject project. The application is
to allow- 47 single family homes on approximately 11 acres. This
project is subject to fire and life safety requirements of the
Uniform Fire Code,' as adopted by Contra Costa County ordinance
89-71, and the applicable. provisions of the California State Fire
Marshal's regulations. If this project is approved, we request
that the following Uniform Fire *Code and State Fire Marshal
requirements be included as Conditions of Approval:
SPECIFIC CONDITIONS:
1. The developer shall provide an adequate and reliable
water supply for fire protection with a minimum fire flow
of 1,000 GPM. Required fire flow shall be delivered from
notmore than two (2) hydrants flowing -simultaneously
while. maintaining 20 pounds residual pressure in the
main. (10.301(c) UFC]
2. The developer shall provide fire hydrants of the East Bay
type, as specified by the Fire District {and County
Engineering Department) . Location of hydrants will be
determined by the Fire District upon submittal of two (2)
copies of a tentative map. (10.301(c) UFC]
STANDARD CONDITIONS:
3. The developer shall provide access roadways with
all-weather driving surfaces of not less than 20 feet of
unobstructed width, and not less than 1311- 611 of vertical
clearance, to within 150 feet of all portions of the
exterior walls of every building. Access roads shall not
exceed 16* grade, shall have a minimum outside turning
radius of 45 feet, and must be engineered to support the
imposed loads of fire apparatus (30 tons maximum) .
[10.207 UFC]
C-C-CO. COMM. Dev. Dept.
SUB7707.103
October 3, 1991
Page 2
4. Dead-end fire department access roads in excess of 150
feet long shall be provided with approved provisions for
the turning around of fire department apparatus.
[10.207(h) UFCJ
5. Access roads and hydrants shall be installed and in
service .prior to combustible construction.
[10.301(e) UFCJ
6. Fire hydrants shall be installed, in service and capable .
of delivering the required fire fl6w prior to issuance of
building permits for combustible construction. Water
supply shall be provided via public water mains approved
and accepted by the City Engineering Department.
(10.301(c) & 10.301(e) UFC]
7. The developer shall provide illuminated addressing
located on all buildings in such a manner as to be
plainly visible and legible from the street or road
fronting the property. (10-208 UFC]
8. Where open space is to be maintained for public or
private use, the developer shall provide access into
these areas from public ways. These access ways shall be
a minimum 16-foot width to accommodate fire department
equipment.
All open spaces, when left in their natural state, shall
meet the Fire District's weed abatement standards.
[10�207 (m) & 88- 104 UFC]
9. The developer shall be required to contribute Fire
Facility Fees to mitigate operational costs associated
with increased service demands throughout .the Fire
District. Fire Facility Fees are currently set at the
rate of $480.00 per, individual residential dwelling unit.
The developer shall pay all required Fire Facility Fees
prior to the issuance of any building permit.
10. The developer shall submit two (2) sets .of Improvement
Plans to the Fire District for review and comment prior
to construction. (.2.206 UFCJ
The conditions specified above are intended to ensure that the
project is in general compliance with applicable fire codes and
regulations enforced by. the Oakley Fire Protection District.
C.C.Co. Comm. Dev. Dept,
SUB7707. 103
October 3, 1991
Page 3
Review of subsequent plan submittals, required above, may result
in additional requirements. Projects beginning construction more
than one (1) year from approvalmayalso be subject to additional
requirements. It is requested that a copy of the Conditions of
Approval for this project be forwarded to our office when
complied and adopted by your agency.
If you have any questions regarding this review, please contact
the undersigned at (510) 751-1303 Ext. 23 between the hours of
8:00 9:00 a.m. and 4:00 - 5:00 p.m. (Monday through Friday) .
Sincerely,
JOE TOVAR
Fire Chief,
By•
N P. MCC
ire Inspector
JT:KPM:rh
pc: North State Dev. Co.
S126500PD00 Sub 7707
California Environmental Quality Act
NOTICE OF
Completion of Environmental Impact Report
xxx
Negative Declaratioh of Environmental Significance
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
851 Pine Street North Wing - 4th Floor- Martinez, California 94553-0095
Telephone: (510) 646-2031 Contact Person Art Beresford
Project Description and Location:
BELLECCI &ASSOCIATES (Applicant) - NORTH STATE DEVELOPMENT (Owner), County*File
#2971-RZ: The applicant requests-approval to rezone 11.0 acres of land from General
Agriculture District (A-2) to Planned Unit Development District (P-1).
BELLECCI &ASSOCIATES (Applicant) -NORTH STATE DEVELOPMENT (Owner), County File
#3034-91: The applicant requests approval of a final development plan to develop the site
with 47 Single Family Residential Lots and a 2.47 acre area for part of larger detention basin.
SUBDIVISION #7707 (Applicant: Bellecci & Associates) (Owner: North State Development)
The applicant requests approval of a vesting tentative map to subdivide the 11.0 acre site into
47 Single Family Lots and 2.27 acre detention basin site.
Subject property for the above referenced projects consists of Parcel B and most of Parcel D
of MS 7-74 and a small portion of Parcel A of MS 85-75. The site fronts for approximately
446 feet on the east side of Live Oak Avenue approximately 1,150 feet south of Oakley Road,
in the Oakley area. (A-2) (ZA:G-24 ) (CT 3020.0 (Parcel #041-100-018,-020,-022)
THIS IS A NOTICE OF STAFF'S DETERMINATION OF THE ENVIRONMENTAL IMPACT OF THE ABOVE PROJECT. YOU WILL
BE FURTHER NOTIFIED OF THE PROJECT'S HEARING DATE WHERE YOU CAN COMMENT ON THIS DETERMINATION AND THE
PROJECT IF-YOU WISH.
Based on the foregoing review,the project will not result in any potentially significant environmental impacts.
The Environmental impact Report or Justification for Negative Declaration is available for review at the address below:
Contra costa county Community Development Department
4th Floor, North Wing, Administration Building
651 Pine Street
Martinez, CA
Review Period for Environmental impact Report or Negative Declaration:
thru Qaec/ Zo. /411;
AP 9 R 12189 By
Communis Development Department Representa7.' e