HomeMy WebLinkAboutMINUTES - 11021993 - H.3 H. 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 2. 1993 by the following vote:
AYES: Supervisors Smith, Bishop, and Torlakson
NOES: None
ABSENT: Supervisors Powers and McPeak
ABSTAIN: None
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SUBJECT: Hearing on Rezoning Application 2970-RZ and Development
Plan 3033-91, Bellecci and Associates and Tonno
Cutino, Oakley Area.
This is the time heretofore noticed by the Clerk of the
board of Supervisors for hearing on the recommendation of the
East County Regional Planning Commission on the request by
Bellecci and Associates (applicant) and Tonno Cutino (owner) for
approval to rezone 10 . 01 acres of land from General Agriculture
(A-2) to. Planned Unit District (P-1) for 39 lots (2970-RZ) , and
for approval of a final development plan for 39 lots on a 10 . 01
acre site (3033-91) in the Oakley area.
Dennis Barry,. Community Development Department, advised the
Board of a request from the applicant to continue the matter to
January 18, 1994 and the staff recommendation to continue the
matter.
Supervisor Smith moved to continue the matter. Supervisor
Torlakson seconded the motion.
IT IS BY THE BOARD ORDERED that the hearing on the above
matter is CONTINUED to January 18, 1994 at 2 : 30 p.m. in the Board
chambers .
I Hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Suovrors on th date shown:
ATTESTED: I." ,
PHIL BA CHELOR,Clerk of the Board
Supervis raand MnAdministrator
0
By ,Deouty
Orig. Dept . : Clerk of the Board
Cc : Community Development Department
County Counsel
Public Works
Bellecci and Associates
Tonno Cutino
BELLECCI & ASSOCIATES (Applicant)
TONNO CUTINO (Owner)
County Files #2970-RZ & 3033-91
Requests approval to rezone 10.01 acres of land from General
Agriculture (A-2) to Planned Unit District (P-1) for 39 lots.
Subject property is located at the eastern terminus and the.
north side of East Carpenter Road, approximately 771 feet east
of O'Hara Avenue.
Oakley Area.
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
NOVEMBER 2, 1993 - 2: 15 P.M.
BELLECCI & ASSOCIATES (Applicant)
TONNO CUTINO (Owner)
County Files #2970-RZ & 3033-91
Requests approval to rezone 10.01 acres of land from General
Agriculture (A-2) to Planned Unit District (P-1) for 39 lots.
Subject property is located at the eastern terminus and the.
northside of East Carpenter Road, approximately 771 feet east
of O'Hara Avenue.
Oakley Area.
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
NOVEMBER 2, 1993 - 2:15 P.M.
---------------------
Contra
TO: BOARD OF SUPERVISORS Costa
n.
- ^ i `
FROM: HARVEY E. BRAGDON ' County
DIRECTOR OF COMMUNITY DEVELOPMENT A
DATE: November 2, 1993 UN
SUBJECT: Decision on Rezoning Application #2970 and Final Development Plan
#3033-91 to rezone approximately 10.01 acres of land from General
Agriculture (A-2) to Planned Unit Development (P-1) for 39 lots in the
Oakley area.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation as prepared for this
project as being adequate.
2. Approve rezoning with preliminary development plan application
#2970-RZ and Final Development Plan #3033-91. as recommended
and conditioned by the East County Regional Planning
Commission.
3. Adopt the East County Regional Planning Commission's findings
as set forth in Resolution #41-1993 as the determination for
these actions.
4. Accept the findings as recommended by the East County Regional
Planning Commission as being adequate.
5. Introduce the ordinance giving effect to the rezoning #2970-
RZ, waive reading and set date for adoption of same.
6. Direct staff to file a Notice of Determination with the County
Clerk.
FISCAL IMPACT
None
CONTINUED ON ATTACHMENT: X YES SIGNAT
_ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OEY 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
Tonno Cutino AND COUNTY ADMINISTRATOR
Mitch Avalon-Public Works
BY , DEPUTY
AB:df
4
Page Two
RECOMMENDATION OF OMAC
The Oakley Municipal Advisory Committee recommended approval of the .
project with their standard recommendations. Additional
recommendations were made to have developer's pay for their fair
share of off site improvement of Carpenter Road and to dedicate 7.5
feet of additional right-of-way for pedestrian-equestrian trail.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
Rezoning 12970-RZ along with companion applications Development
Plan #3033-91 and Subdivision #7681 were first heard by the East
County Regional Planning Commission on June 7, 1993. That hearing
and subsequent hearings for July 12, 1993, August 2, 1993 and
August 9, 1993 were rescheduled at the request of the applicant and
for further modifications of conditions of approval. On September
13, 1993, after taking testimony, the East County Regional Planning
Commission voted five in favor, one absent to accept the negative
declaration determination as adequate; to recommend that the Board
of Supervisors approve the requested rezoning and final development
plan; the Commission approved the Vesting Tentative Map for
Subdivision #7681. The recording of the Vesting Tentative Map is
contingent upon the final adoption of the P-1 rezoning and final
development plan for the site by the Board of Supervisors. The
Commission's decision of the Subdivision #7681 has not been
appealed.
The Conditions of Approval for #2970-RZ and Development Plan #3033-
91 as recommended by the East County Regional Planning Commission
are attached. Changes made by the East County Regional Planning
Commission are lined out for deletions and shaded for additions.
The recommended findings and Conditions are attached as Exhibit
"An.
There had been a previous Planned Unit Development for 23 lots
approved on the site (2902-RZ, D.P. 3017-90 and SUB 7539) . Late in
the process it was discovered that the developer had not paid the
Fish & Game fee. Thus the P-1 rezoning was never effective for the
site. Therefore, the site is still zoned General Agriculture
District (A-2) .
The present General Plan for the site is Single Family Residential-
Medium Density (3 to 4.99 du/net acre) . With 39 lots and a net
area of 7.82 acres the site is at the absolute maximum of density
allowed under the Single Family Residential Medium Density
Designation (4.99 du/net acre proposed) . Property to the north and
east of the site are designated Single Family ResidentialHigh
Density (5 to 7.2 du/net acre) . Properties to the south and west
are designated Single Family Residential Medium Density.
03.1-070-006 03.1-070-007 034-070-013
r\o HARR IS REAL ESTAT!':
C01INTRY INVESTORS FTIIY1, JOIINSON THYHON & M:1RY WFInu:R
6111 JOHNSON DRIVE. R'1'.. 1 , BOX 1-18.1 1973 O'HARA AVENUE
1'LEASANTON, CA 94566 OAKLEY, CA 94561 OAKLEY, CA 9.1561
0:1.1-070-015 034-070-016 034-070-040
034 070 017
ROBERT & JUDY PAULSON THERON & MARY WHEELER MARTIN & M.ARGERY GRESHO
R7'. 1 , BOX 162 BOX 289 O'HARA AVE. 1030 KAY AVE.
OAKLEY, CA 94561 OAKLEY, CA 94561 OAKLEY, CA 94561
0:1.1-070-041 03.1-080-018 034-090-001
GWE;NDOLYN MAYO BETTY PATO CHARLES & DEOLINDA BIRD
1050 KAY LN. RT. 1 BOX 282 RT. 1 BOX 287-A, O'HARA AVE.
OAKLEY, CA 94561 OAKLEY, CA 94561 OAKLEY, CA 94561
034-090-003 034-090-004 034-090-005
034-090-008
ENRICO & ROSE CINQUINI FREDERICK & LOUIS DEL BARBA THE HOF!IANN COMPANY
1650 O'HARA AVENUE RT. 1 BOX 351 1380 GALAXY WAY
OAKLEY, CA 94561 OAKLEY, CA 94561 CONCORD, CA 94522
034-090-006 034-090-009 :034-090-012
MARY SPINELLI
EUGENE PATO ROBERT & W'ALLIS BECK MICHAEL & JOSEPHINE SUNIGA
RT. 4 , BOX 349 PO BX 534 RT. 1 , BOX 350D ROSE AVE.
OAKLEY, CA 94561 OAKLEY, CA 94561 OAKLEY, CA 94561
034-090-013 034-090-014 034-090-015
PATRICIA BRITTIAN
VALERIE BENGE DONALD & CATHERINE WILLIAMS JAMES & MARYANN HARTY
RT. 1 BOX 349-A 1700 O'HARA AVENUE RT. 1, BOX A284
OAKLEY, CA 94561 OAKLEY, CA 94561 OAKLEY, CA 94561
034-090-016 034-090-017 034-100-002
A.D. SEENO CONSTRUCTION
NORTH STAT L DEVELOPMENT LX ANGELI NA CAPAPI!SHA PEPPER THEE FARMS
4300 RAILROAD AVENUE RT. 1 BOX 282-F 508 THIRD STREE1
PITTSBURG, CA 94565 OAKLEY, CA 94561 ANTIOCH, CA 94509
034-100-003 034-100-004 034-100-006
PAUL & SHARON BRUNO MARIAN BOLEN TONNO & MARY CUTINO
RT. I BOX 287 1910 O'HARA AVENUE 3831 BROOKSIDE DRIVE
OAF--.LEY, CA 54561 OAKLEY, CA 94561 PITTSPL!RC, CA 94565
034-100-007 034-100-008 034-100-009
ROY & FRANCES HERNDON KARL. & KATHY STOLL RONALD & ANDREINA SANVE
972 CARPENTER ROAD R7'. 1 , BOX 2900 936 CARPENTER ROAD
OAKLEY, CA 94561 OAKI_FY, CA 94561 OAKLEY, CA 94561
034-100-011 04-100-011 034-110-001
RICHARD & KELLF1' BLAKE: KF:N.NF:7 H & ANI TA MENF.Z CHARLES & BEVERLY HAMLI h
PT t . 14M 2()f)A 977 CARPENTEH ROAD
-.tY��_-.�-_-rte- ••- ..-..'...
034-110-002 034-110-01�•` 0:3.1-120-002 `
R & SARAH SHEHMAN I RVI NG & CAROLYN SHERMAN SIIE1tRON PLECHATY
2080 O'HARA AVENUE RT. 1 , Box 292 RT. .1 , BOX 293
OAKLEY, CA 94561 OAKLEY, CA 94561 OAKLEY9 CA 94561
034-120-006 034-120-007 03.1-120-008
ELEANOR MILLER KIRBY & JON] SMITH JESUS--& MARIA ME LCOZA -
RT. 1, BOX 295 900 SHERMAN LANE P.O. BOX 440
OAKLEY, CA 94561 OAKLEY, CA 94561 OAKLEY, CA 94561
034-120-009 034-230-002 034-230-003'
034-120-011 & 010 ESOLA SIMONI
GUIDO & LOLA LUCCHESI C/O LORRAINE G ALVES JOHN & PAULINE PAPINI
100 KESSLER LANE 9520 E. PELTIER RD. 4073 ROSE AVENUE
OAKLEY, CA 94561 ACAMPO, CA 95220 OAKLEY, CA 94561
034-230-005 034-230-006 034-250-007
CLAUDE & CAROL JOHNSON CALVIN & LIANA HILGENBERG HORACE & NORRINE SIINO
P.O. BOX 270 RT. 2, BOX 120F RT. 2, BOX 254
OAKLEY, CA 94561 OAKLEY, CA 94561 BRENTWOOD, CA 94513
034-250-008 034-250-013 034-260-014
034-250-014
TONY & LOIS CUTINO IDA & GINO SIMONI JOSEPH & JUSTINE DUARTE
PO BX 5 RT. 2, BOX 58 ALMOND AVENUE RT. 1, BOX A344 LAUREL- RD.
OAKLEY, CA 94561 OAKLEY, CA 94561 OAKLEY, CA 94561
034-260-015 034-260-018
034-260-016 &017
EDWARD &. BETTY PERKINS EDWARD & JUDITH RADIQUE
RT. 4, BOX 35ODD 1173 WIKIUP DRIVE:
OAKLEY, CA 94561 SANTA ROSA, CA 95401
v:
Bellecci & Associates Tonno Cutino Oakley Water District
2290 Diamond Blvd. Suite 3831 Brookside Drive 27 Main St.
100 Pittsburg, CA 94565 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 Bob Kratina 2970-rz. lab
Brentwood News Oakley Union School Dist.
654 Third St. 320 Woodview
Brentwood, CA 94513 Oakley, CA 94561
RESOLUTION NO. 41 - 1993
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 TONNO CUTINO (OWNER) , (2970-RZ) , IN THE
ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE
OAKLEY AREA OF SAID COUNTY ALONG WITH COMPANION FILE 3033-91 AND
SUBDIVISION 7681.
WHEREAS, a request by Bellecci & Associates (Applicant) and
Tonno Cutino (Owner) (2970-RZ) to rezone land in the Oakley area
from General Agriculture (A-2) to Planned Unit District (P-1) was
received on September 17, 1991 along with companion applications
Development Plan 3033-91 and Subdivision 7681; and
WHEREAS, a revised plan and vesting tentative map was
submitted on March 25, 1993, reducing proposed lots from 40 to 39,
thereby bringing the project into conformance with the General Plan
Designation for the site; 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, June 7, 1993 and rescheduled to July 12, 1993 and continued
to August 2, 1993 and rescheduled to August 9, 1993 due to a lack
of a quorum and finally rescheduled to September 13, 1993 ; whereat
all persons interested might appear and be heard; and
WHEREAS, on Monday, September 13 , 1993 , the East County
Regional Planning Commission having fully reviewed, considered and
evaluated all the testimony and evidence submitted in this matter;
and
WHEREAS, on Monday, September 13, 1993, the East County
Regional Planning Commission approved Subdivision 7681; 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 Tonno Cutino
(Owner) (2970-RZ) be approved for change from General Agriculture
(A-2) to Planned Unit District (P-1) , and that this zoning change
-_-_-_____._.
Page Two RESOLUTION NO. 41 - 1993
be made as indicated on -the-findings map entitled: Page_H-25_of__the
County's 1978 Zoning Map.
BE IT FURTHER RESOLVED that the reasons for these
recommendations are as follows:
1. The development will constitute a residential environment
of sustained desirability and stability, will be in harmony with
the character of the nearby community and nearby developments.
2 . In accordance with the required findings of the Planned
Unit District, the County finds that the development is a
harmonious, innovative plan and justifies exception from the normal
application of the code, including variances on parcel
configuration and design to provide a better conformity with the
existing terrain features, shape of the site and limitations of the
area.
3 . The development, together with provisions for its design
and improvements, conforms with the General Plan for the site.
4. The project will provide additional entry and mid-level
housing.
BE IT FURTHER RESOLVED that 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, September 13 ,
1993, by the following vote:
AYES: Commissioners - Planchon, Hanson, Sobalvarro,
Wetzel, Hern
NOES: Commissioners - None
ABSENT: Commissioners - Andrieu
ABSTAIN: Commissioners - None
HERBERT HERN
Chair of the East County Regional
Planning Commission, County of Contra
Costa, State of California
Page Three RESOLUTION NO. 41 - 1993
ATTEST:
Secretary of t e East County Regional
Planning Commission, County of Contra
Costa, State of California
AB/df
2970-RZ.res
Findings Map
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..................... ..
CARPENTER-RD
Rezone From_A'L._To P_1 - Area
I, 44 . UsAkt l ,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"?q{�14 I; -- -Z5
IQ7k 7-0 U3 �
indicating thereon the decision of the East County Regional Planning
Commission in the matter of
ATTEST:
Secr f of thea County Regional t
Plannin Commissi n, tate of California
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR SUBDIVISION 7681 ,DEVELOPMENT PLAN
3033-91 AND 2970-RZ AS RECOMMENDED BY THE EAST COUNTY REGIONAL PLANNING
COMMISSION ON SEPTEMBER 13, 1993
Findings
A. The development will constitute a residential environment of sustained desirability and
stability, will be in harmony with the character of the nearby community and nearby
developments.
B. In accordance with the required findings of the Planned Unit District, the County finds
that the development is a harmonious, innovative plan and justifies exception from the
normal application of the code, including variances on parcel configuration and design
to provide a better conformity with the existing terrain features, shape of the site and
limitations of the area.
C. The development, together with provisions for its design and improvements, conforms
with the General Plan for the site.
D. Project will provide additional entry and mid-level housing.
2
CONDITIONS OF APPROVAL FOR SUBDIVISION 7681 , 2970-RZ AND DEVELOPMENT PLAN
3003-91 AS RECOMMENDED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION
ON SEPTEMBER 13, 1993
1. Approval is based upon exhibits received by the Community Development Department
as follows:
A. Revised vesting tentative map dated received March 25, 1993, for SUB 7681,
2970-RZ and 3033-91 . The development proposal is for 39 lots.
2. With this approval, the previously approved P-1 District (2902-RZ, D.P. 3017-90 and
SUB 7539 are null and void.
3. Development may be done in phases subject to the review and approval of the Zoning
Administrator. The approval for D.P. #3033-9jr shall run concurrently with the
approval of SUB 7681. This approval is for three (3) years. One 3-year extension can
be granted if requested in writing prior to the expiration date of this project approval.
The extension request must be accompanied with the proper fee.
4. Any revisions 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
location, typical elevations, driveways and fencing plans and street tree locations.
5. The guide for development and use provisions for this site shall be generally as
required for the R-10 single family residential zoning district except as modified as
follows:
A. Setback of residential units shall be varied from between 17 and 25 feet. All
garages will have a setback of at least 20 feet if they face directly onto the
street. Frontyard setbacks may be reduced to 15 feet for covered or uncovered
porches. Sideyard minimum shall be 5 feet with a total aggregate sideyard of
15 feet. Rearyard minimums are to be 15 feet, other than for detached sheds
or outbuildings which may have a minimum rearyard of 3 feet and a sideyard
minimum of 3 ft. subject to the requirements of the R-10 zoning district. Lots
that back up to either East Carpenter Road or Cinnamon Ridge Drive shall'have
a rearyard setback of 20 feet. The residences of this development shall be of
a neutral color and have complimentary colors. All garages within this project
shall be built with vertically opening garage doors.
B. Prior to recording the final map for this subdivision a detailed site plan shall be
submitted for the review and approval of the Zoning Administrator. The site
plan shall show the location of the various residences proposed on the site and
indicating their rearyards, sideyards and frontyard setbacks. The Zoning
Administrator can approve attached second units administratively if constructed
with the initial residence. Otherwise second units can be considered on a case
by case basis by filing to amend the Final Development Plan for the project.
3
6. 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.
7. The owner of the property shall participate in the provision of funding to maintain and.
augment police services by voting to approve a special tax for the parcels created by
this subdivision action. The tax shall be $200 per parcel annually (with appropriate
future Consumer Price Index (CPI) adjustment). The election to provide for the tax
must be completed prior to the filing of the Parcel Map. The property owner shall be
responsible for paying the cost of holding the election. The fee for election costs will,
be due at the time that the election is requested by the owner.
8. Where a lot/parcel is located within 3001 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."
4
10. Prior to filing the.Parcel Map, plans shall be submitted for review by the Community _
Development Department, Graphics Section, to obtain addresses and for street name
approval (public and private). Alternate street names should be submitted in the event
of duplication and to avoid similarity with existing street names. The Parcel Map
cannot be certified by the Community Development Department without the approved
street names and the assignment of street addresses.
11. 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.
5
12. At least 45 days .prior to recording a Final Map, issuance_ of a grading permit, or _
installation of improvements oe 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.
13. The report required above shall include evaluation of the potential for liquefaction,
seismic settlement.
14. 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.
15. Prior to the issuance of building permits, the applicant shall submit a detailed TDM Plan
for review and approval by 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.
16. 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.
17. Pursuant to Government Code Section 66474.9,the applicant(including the subdivider
or any agent thereof) shall defend, indemnify, and hold harmless the Contra Cosa
County Planning Agency and its agents, officers, and employees from any claim,
action, or proceeding against the Agency (the County) or its agents, officers, or
employees to attack, set aside, void, or annul, the Agency's approval concerning this
subdivision map application, which action is brought within the time period provided
for in Section 66499.37. The County will promptly notify the subdivider of any such
claim, action, or proceeding and cooperate fully in the defense.
18. Covenants, Conditions and Restrictions shall be submitted for review with the Final
Subdivision Map, and shall be subject to review and approval by the Zoning
Administrator. This document shall provide for establishment, ownership and
maintenance of the common open space and parking, fire protection, fencing, private
streets and drainage maintenance, keeping of pets and establishment of signs.
19. Sewage disposal serving the property concerned with this development shall be
provided by the Ironhouse Sanitary District. Prior to recording the final map, a will
serve letter from the District will be submitted.
20. Water supply for this development shall be provided by the Diablo Water District. Prior
to recording the final map, a will serve letter from the District will be submitted.
2.1 . Prior to recording the final map of this subdivision, will serve letters from the Oakley
School District and the Liberty Union High School District shall be submitted.
6
22. At least 30 days prior to requesting the recording of.the final map for this develop-
ment, the applicant shall submit a landscape plan conforming to the County's Water
Conservation policies.
A. Native, drought-tolerant plants shall be used whenever feasible.
B. Landscaping along all streets, setbacks, and each frontyards shall conform to
the County Landscape Guidelines. A typical frontyard landscaping plan shall be
submitted for review and approval of the Zoning Administrator prior to
requesting recording of the final map. The plan 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 two street trees shall be provided for each lot other than cul-de-sac lots
which shall have one street tree. Lots with more than a single frontage shall
have two street trees on each frontage.
D. All landscaping shall be maintained by the developer until occupancy or
annexation to a landscape and lighting district. The development shall be
required to annex if and when the Landscaping and Lighting District is formed.
Future homeowners shall be notified by deed notice of the fact that the site is
within a landscaping and lighting district.
E. The slope in the area behind Lots 22 through 30 should be revised so that it
falls entirely upon the neighboring property. This is done so that the pads on
these various lots would not slope until they have reached the rear property
line. If the neighboring owners are not agreeable to this change, the applicant
shall submit written proof of same for Zoning Administrator review and
approval.
F. The easement along Cinnamon Ridge Drive shall be modified so that there is a
slope easement on the pads that slope down to the drive. This area shall be
maintained by a lighting and landscaping district. The fencing along the lots
that front on this area will run generally along the slope break between the pad.
and the slope down to Cinnamon Ridge Drive. To reduce overall slope and
increase useable yard area, suitable concrete or masonry retaining walls up to
4 feet tall can be considered for approval of the Zoning Administrator.
G. The following types of fences shall be developed on the site. The final design
of fences shall be subject to the review and approval of the Zoning Adminis-
trator. The fence design shall be shown on the landscape plans for the project.
1) The westerly side of the site shall be fenced with a 6-foot tall cyclone
fence with plastic slats unless a specific agreement is reached between
the neighboring owners where a solid wood fence with metal steel poles
every 16 feet can be substituted.
7
2) The easterly side and northerly side of the-site as well as the interior lot
line fences shall be fenced with 6-foot tall solid wood fences with
suitable steel poles every 16-feet. The alternating poles shall be at least
4 X 4 inch pressure treated wood. The 6-foot tall lot line fence shall
reach within approximately 20 feet of the easement for the various
streets along the lots primary frontage.
3) The backyard fences along East Carpenter Road and Cinnamon Ridge as
well as the sideyard fence for Lot 18 shall be 6' tall solid wood fence
with decorative cement poles or pilasters every 8-feet.
H. The grading plan shall include an erosion protection for all slopes greater than
5 feet or more in height. Slope hydromulching shall be used. as recommended
by a certified landscape architect.
23. The garages for the various units shall be wired to allow the installation of recharging
facilities for electric vehicles subject to the adoption of revised policies by the Board
of Supervisors in the future.
24. Kerte Feeecurving-the final Fn p fe• this develepment, the dev^elepeF Shall sUbFnit-a
Health Se;Yiees DepaFtmendetailing-the-FemevaI of-end-abandoned-septic t
s;-stems-ens-the-site and-the-pnepf any wells left en the-sites
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;::.
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25. Prior to the issuance of the building permits for this site, the portion of the site within
the 100-year flood zone shall have been removed. Written proof of this removal shall
be submitted to the Zoning Administrator.
26. Comply with the requirements of the Contra Costa Water District in regards to the
irrigation lateral that crosses the site. Prior to the recording the final map for this
development or issuance of grading permits, the applicant shall submit a letter from
the Water District indicating that agreement has been reached in this area.
27. 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 East Carpenter
Road.
8
Constructing curb, 4-foot 6-inch sidewalk (width measured from curb
face), necessary longitudinal and transverse drainage; and necessary
pavement widening along the Frontage will satisfy this requirement. The
face of curb shall be 20 feet from the ultimate centerline of the road.
On all public roads with longitudinal slopes 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.
2) Installing street lights and annexing the property to County Service Area
L-100 for maintenance of the street lights. The final number and
location of the lights shall be determined by the Public Works Depart-
ment, Engineering Services Division.
3) Undergrounding of all utility distribution facilities, including the existing
distribution facilities along the East Carpenter Road frontage, if any.
4) Conveying all storm waters entering or originating within the subject
property, without diversion and within an adequate storm drainage
facility, to a natural watercourse having definable bed and banks or to
an existing adequate public storm drainage facility which conveys the
storm waters to a natural watercourse. This will require the construc-
tion of portions of the Drainage Area 30A Plan improvements or
alternative storm drain improvements subject to review and approval of
the Flood Control District.
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 the design standards of the Public
Works Department. The Ordinance prohibits the discharging of
concentrated storm waters into roadside ditches.
5) Verifying that all finished floor elevations are above the 100-year flood
elevation.
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 improve-
ments required by the Ordinance Code or the conditions of approval for
this subdivision. These plans shall include any necessary traffic signage
and striping plans for review by the County Public Works Department,
Road Engineering Division.
8) Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
9
B. Convey to the County, by Offer of Dedication, additional right of way on East
Carpenter Road as required for the planned future half width of 7-9-Via; feet.
C. Provide for adequate sight distance at East Carpenter Road for a design speed
of 45 mph in accordance with Caltrans standards.
D. Relinquish abutter's rights of access along East Carpenter Road, including curb
returns.
E. 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.
F. Install traffic signs and striping on East Carpenter Road as approved by the
Public Works Department.
G. Furnish proof to the Public Works Department, Engineering Services Division,
that legal access to the property is available from O'Hara Avenue.
H. Prevent storm drainage, originating on the property and conveyed in a concen-
trated manner, from draining across the sidewalks and driveways.
I. Submit a sketch plan to the Public Works Department, Road Engineering
Division, for review and showing all public road improvements prior to starting
work on the improvement plans. The sketch alignment plan shall be to scale
and show proposed and future curb lines, lane striping details and lighting. The
sketch alignment plan shall also include sufficient information to show that
adequate sight distance has been provided.
J. Apply to the Public Works Department for annexation to the County Landscap-
ing District AD 1979-3 (LL-2) for the future maintenance of landscaping and
irrigation facilities in median islands, parkways, and other areas ("open space"
is specifically excluded).
Submit landscaping plans to the Public Works Department, install landscaping
along the frontage of East Carpenter Road and iriaro '# dgir , and pay
................................:.....:.....
the plan 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.
K. Furnish proof to the Public Works Department, Engineering Services Division,
of the acquisition of all necessary rights of entry, permits and/or easements for
the construction of off-site, temporary or permanent, road and drainage
improvements.
10
If, after.good faith negotiations, the applicant is unable to acquire necessary
rights of way and easements, he shall enter into an agreement with the County
to complete the necessary improvements at such time as the County acquires
the necessary interests in accordance with Section 66462 and Section
66464.5 of the Subdivision Map Act.
L. Improve East Carpenter Road to a 25-foot road within a 40 foot right of way
from this subdivision to O'Hara Avenue (to be widened to a 40 foot road within
a 70 foot right of way in the future). The developer of Subdivision 7031
(proposed 7662) to the east has also been conditioned to construct Carpenter
Road off-site to O'Hara Avenue. The applicant may enter into a cost-sharing
agreement with the applicant for Subdivision 7662 to complete the East
Carpenter Road improvements. If no cost-sharing agreement has been reached
prior to the filing of the final map, the applicant shall bear the full cost of the
improvement.
M. Prior to filing the Subdivision Map, apply to the Public Works Department for
annexation of the property to Drainage Area 300 for the maintenance and
operation of the drainage area's facilities. The application will require a metes
and bounds description of the property.
N. Prior to filing the final map, contribute this development's fair share towards
the following improvements, identified in the June 19, 1992 Traffic Impact
Study by DKS Associates, as needing additional mitigation. The applicant's
share of these improvements shall be based on the number of approved units
in this development divided by the anticipated number of approved units within
the Oakley/N. Brentwood AOB boundary between now and the year 2000.
This condition of approval will be satisfied if the Oakley/N. Brentwood AOB is
updated to included these improvements or by payment of $200 per unit.
SR 160/SR 4
North bound approach off-ramp requires double right turn lanes.
Neroly Road/SR 4
Eastbound approach requires separate right turn lane.
Empire Avenue/Lone Tree Way
Install a traffic signal.
If any of the above projects are annexed into a city or the scope of work is
modified, then the cost per unit shall be adjusted accordingly.
0. If the proposed Delta Expressway fee ordinance is adopted prior to issuance of
building permits, the applicant shall pay the adopted fee. If building permits are
issued prior to adoption of a new Delta Expressway fee ordinance, payment of
the Oakley Area of Benefit fee, which includes $1 ,726 per single family unit to
be designated for the Delta Expressway, shall constitute this application's fair
share contribution toward its construction. If the Oakley Area of Benefit fee is
11
paid and the applicant is subsequently required to pay the new Delta Express-
way fee, a credit of $1,726 per unit shall be applied toward the new fee.
P. Contribute $200 per unit to the Road Improvement Fee Trust (Fund No.81920-
0800) designated for the installation of a traffic signal at the Carpenter
Road/State Highway 4 intersection.
ADVISORY NOTES
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BelaI� i~rtit
The applicant/owner should be aware of the renewing requirements prior to recording the
Parcel Map or requesting building or grading permits.
A. Applicant shall comply with the Park Dedication Fee Ordinance.
B'. Comply with the requirements of the Ironhouse Sanitary District.
C. Comply with the requirements of the Oakley Fire Protection District.
D. Comply with the requirements of the Diablo Water District.
E. Comply with the requirements of the Health Services Department, Environmental
Health Division.
F. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures. .
G. Part of the project lies with the 100-year flood boundary as designated on the Federal
Emergency Agency Flood Rate Maps. The applicant should be aware of the
requirements of the Federal Flood Insurance Program and the County Flood Plain
Management Ordinance (Ordinance No. 87-65) as they pertain to future construction
of any structures on this property.
H. The applicant will be required to pay an environmental review fee of $1 ,250.00 for the
Department of Fish and Game at the end of the appeal period. Failure to do so will
result in fines. In addition, the approval is not final or vested until the fee is paid. A
check for this fee shallbe submitted to Contra Costa County for submittal with the
final environmental documents.
12
I. The,applicant is advised that the tax for the police services district is currently set by
the Board of Supervisors at $200 per parcel annually (with appropriate future
Consumer Price Index [CPI] adjustments). The annual fee is subject to modification by
the Board of Supervisors in the future. The current fee for holding the election is $800
and is also subject to modification in the future. The applicable tax and fee amounts
will be those established by the Board at the time of voting.
J. This project is subject to the development fees in effect under County Ordinance as
of October 17, 1991 , the date the vesting tentative map application was accepted as
complete by the Community Development Department. These fees are in addition to
any other development fees which may be specified in the conditions of approval.
The fees include but are not limited to the following:
Park Dedication: $1 ,350_ per residence.
An estimate of the fee charges for each approved lot may be obtained by contacting
the Building Inspection Department at 646-4992.
L. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Oakley Area of Benefit as adopted by the
Board of Supervisors.
M. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 30A as adopted by the Board of Supervisors.
N. The applicant shall be required to comply with all rules, regulations, and procedures of
the National Pollutant Discharge Elimination System (NPDES) for municipal, construc-
tion 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
SUBXII/7681 C.AB
5/26/93
7/26/93
8/23/93
9/13/93-EC (a)
Agenda Item # / _Z_3
Community Development Contra Costa County
EAST COUNTY REGIONAL PLANNING COMMISSION
MONDAY, SEPTEMBER 13, 1993 - 7:00 P.M.
I. INTRODUCTION
BELLECCI & ASSOCIATES (Applicant) -TONNO CUTINO (Owner), County File #2970-
RZ: The applicant requests approval to rezone 10.01 acres of land from Planned Unit
District P-1 for 23 lots to Planned Unit District P-1 to 39 lots.
BELLECCI & ASSOCIATES (Applicant) -TONNO CUTINO (Owner), County File #3033-
91: The applicant requests approval of a final development plan for 39 Lots on a 10.01
acre site.
SUBDIVISION 7681 (Applicant: Bellecci & Associates) ( Owner: Tonno Cutino): The
applicant requests approval of a vesting tentative map to subdivide the 10.01 acres
site into 39 lots.
Subject property for the above reference projects is located at the eastern terminus
and the north side of East Carpenter Road approximately 771 feet east of O'Hara
Avenue in the Oakley area. (P-1) (ZA: H-25) (CT 3020.00) (Parcel #034-100-006).
This application was originally scheduled for hearing, on June 7, 1993. The applicant
requested a rescheduling of the hearing on SUB 7681 et al so that it could be heard
on the same date as the neighboring 248 unit development (SUB 7662 et al).
On July 12, 1993 the application was heard by the East County Regional Planning
Commission. The hearing was continued by the Commission so that staff and the
applicant could work out a few revisions to the conditions.
II. RECOMMENDATION
Staff recommends that the East County Regional Planing Commission approve this
subdivision subject to the attached conditions of approval and that the Planning
Commission recommend that the Board of Supervisors approve 2970-RZ and
Development Plan 3033-91 subject to attached conditions of approval.
..._-- -- ..w�__ .__-_...... - - ._.._....---..
III. GENERAL INFORMATION
A. General Plan: The site is designated-Single Family_Residential-Medium Density
(3 to 4.9 dwelling units per net acre).
B. Zoning: Present zoning is P-1 for 23 units.
Proposed zoning is P-1 for 39 units.
C. CEQA Status: A Negative Declaration was posted for this project as it was
found there were no significant adverse impacts.
D. Soil Type: The type of soil on the site is Delhi Sand. This is a Class 3 soil. It
is not considered a prime agricultural soil.
E. Previous Applications on the Site: A previous plan unit development consisting
of Files #2902-RZ, #3017-90 and SUB #7539 was approved for the site for 23
lots. The map has not been recorded and at this time is still pending. With the
approval of this new development, the previous approval should be made null
and void.
IV. AGENCY COMMENTS
A. Oakley Municipal Advisory Council: See attached letter dated February 24,
1993. Staff is not recommending the dedication of any park land for this
project. There are no known oaks on the site. There are no mapped oil or gas
wells on the site. The conditions of approval set construction hours.
B. Liberty Union High School District: See attached letter from Land Planning
Consultants dated April 16, 1993.
C. Contra Costa Water District: See attached letter dated April 22, 1993.
D. California Archaeological Inventory: There is a low possibility of archaeological
sites. Further studies for archaeological resources is not recommended`.
E. Oakley Fire Protection District: See attached letter dated October 3, 1991 .
F. State Department of Fish & Game: The Department has reviewed the subject
project and at this time has no comments.
G. Ironhouse Sanitary District: The District has the following comments related
to this project:
1 .. The District will provide sewer service to this project subject to capacity
available in the collection system and treatment plant at the time of
issuance of the building permit and subject to the following require-
ments:
a. All construction to comply with a conditions and specifications
of the Ironhouse Sanitary District.
3
b. Payment of all applicable fees as required by ordinance.
C. Off-site sewer main construction is required.
d. Sewer service is required per Ironhouse Sanitary District ordi-
nance. Property is not within 150 feet of existing sewer.
H. Health Services Department, Environmental Health Division: All abandoned
wells and septic tanks must be destroyed under permit to this division prior to
any activity on this site.
I. Building Inspection Department: A soils engineering report would be required
as well as a grading permit to develop the site.
J. Diablo Water District: The District will provide water service providing all the
District's regulations and specifications are met. This property is presently
being applied to LAFCO for annexation to the Diablo Water District. This
annexation must be completed prior to providing water service to the site.
V. ROAD AND ROAD CONSIDERATION
The attached conditions of approval based on the June, 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.
VI. STAFF DISCUSSION & EVALUATION
A. Site and Surrounding Area Description: The site is a gently sloping sandy area
that at one time was a orchard and is now largely reverted to grass lands.
There appears to be no active agricultural being undertaken on the site. The
surrounding area is a mix of rather large, still agriculturally used parcels, some
smaller, 1 to 4 acre rural ranchettes and property undergoing subdivision
development at this time. There is an approved subdivision, #7758, to the
north of this site; there is a proposed subdivision, #7662, located to the east
of the site. The site would front on East Carpenter Road, which at this time is
a sand street. SUB #7667 which is under development at this time is located
to the northeast of this site. The site does not front on any arterial streets.
B. General Plan Designation and Density of Development: This site is designated
Single Family Residential-Medium Density on the 1990.County General Plan.
This allows for an overall density of 3 to 4.9 dwelling units per net acre.
Properties to the south and to the west are designated Single Family Residen-
tial-Medium Density. Properties to, the north and to the east are designated
Single Family Residential-High Density which allows 5 to 7.2 dwelling units per
net acre. Thus this project is on the border between Single Family Residential-
Medium Density and Single Family Residential-High Density designations on the
County General Plan.
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4
This project is a proposal-to create-39-Lots-on a site that-has a gross area of
10.01 acres and a net area of 7.82 acres. The project density taking into
consideration the net area of the site is 4.99 dwelling units per net acre. Thus
it can be seen that this development is at the absolute maximum for the Single
Family Residential-Medium Density designation: At 5 units per net acre a
development gets into the Single Family Residential-High Density designation.
This proposal had originally been for 40 lots which brought the overall density
of the site 5.12 dwelling units per net acre, which is above that allowed. Thus
the change in the map to the 39 lots. If the number of lots is reduced to 38
the density of the site would be 4.8 dwelling units per net acre. Staff has no
strong objections to the high density of the site. The site is up against areas
designated Single Family Residential-High Density and, in general, the lots have
sufficient frontage for easy site development. If any lots were to be removed,
staff would recommend that Lots 5 and 4 be combined into one lot in that they
have the least frontage of any of the lots proposed.
C. Protect Design: The subdivision overall is a pretty standard Oakley type of
subdivision consisting of graded pads with rather small slope between the
various lots.
The frontages of the cul-de-sac lots range from 33 feet for Lots 4 and 5 to 42
feet for Lot 12. In general, this is a workable frontage for a lot. The
Commission in the past has asked that lots have a minimum of approximately
30 to 35 feet of frontage on cul-de-sacs.
The proposed grading of the site does leave something to be desired. The
proposal is that the number of the lots would be developed with a slope in their
backyard and thus the fence along the perimeter would be set well below the
pad elevation. Staff strongly recommends that Lots 22 through 30 be
redesigned so that their pad goes back close to or at the rear property line and
the slope then is placed on the neighboring lots of the proposed subdivisions
to the north and to the east. In the case of the property to the west, the
developer would have to work out with the owners a means where the slope
can come on to the neighbors property. This, then creates a situation where
the fence is along the pad, enlarges the usable area of the lots, and would not
create a situation where one would stand on the pad looking over a fence
located several feet below the level of the pad.
The design of Cinnamon Ridge Drive is such that the road will be well below
the pads on Lots 1 through 3 and Lots 14 through 17. These lots are designed
so that they will have their access off of Ridge Crest Court and thus their
backyard will back up to Cinnamon Ridge Drive. Once again we would have
the situation here were a pad is well above, in some cases approximately 6 to
8 feet above the level of the street. This would tend to destroy the privacy of
the residence in these lots unless the fence is located along the break in slope
between the pad and the slope found in this area. Staff recommends that
------------
5
either grading be done so that Cinnamon-Ridge- Drive is at_the-same. level or
much closer to the level of the pads on Lots 1 through 3 arrd Lots 14 through
17, or that these slopes be put into some type of slope easements so that they
are maintained by a lighting and landscaping district and the fences for the lots
located along the break in slope between the cut;slope and/or fill slope and the
pad. Alternative designs to the above could be considered.
This site is partly within the 100-year flood zone, specifically Lots 25 through
30 and a portion of Lot 31 are within the 100-year flood zone. As the
Commission no doubt knows, there are numerous low spots in the sand hills of
the Oakley area. These have been indicated as being within the 100-year flood
zone. This development will be required to remove the portion of the site from
the 100-year flood zone prior to construction of residences in that area. The
site is not under any other regulatory programs. It is not within the 60 CNEL
noise area. It is not within the Alquist-Priolo earthquake area, and there are no
known hazardous material dumps or storage areas within 2,000 feet of this
site.
The Health Services Department has asked that any abandoned septic tank
systems on the site be properly removed under their jurisdiction. They have
also asked that any wells on the site be properly capped. Staff has prepared
conditions of approval recommending that the applicant be required to properly
remove any septic systems left on the site and cap any wells that are still on
the site.
D. Fencing of the Project: The soil on the site is Delhi Sand, which is a loose
sandy type of soil. In these areas additional strength is needed to hold up the
fences and reduce the problem of fences either rotting out or falling over due
to wind. Staff recommends, as per the recommendations of the Oakley
Municipal Advisory Council, that fences along the east side and north side of
the site be a 6' tall solid wood fence with steel post every 16 feet to help hold
up the fence in the sandy soil. Staff further recommends that the fence along
the westerly side of the project be a 6' tall cyclone fence with suitable plastic
slats. This will help separate the rather small lots from the existing rural
ranchettes located to the west. No doubt, some time in the future, these rural
ranchettes will be further developed and at that time either the cyclone fence
could remain or, if needed, the new development could be conditioned to
replace it with a suitable solid wood fence with proper steel posts to help hold
it up in sandy soil. Staff also recommends that the fence along Carpenter Road
and along the westerly side of Cinnamon Ridge Drive be properly done with
some type of cement pilaster or other decorative pillar to help hold the fence
up in the sandy soil. This needs to be done because this fence will be backing
up to the main access to this subdivision and it has to be developed in such a
way that it can be kept in reasonably good repair without too much mainte-
nance in the future. The decorative cement pilasters and/or post should be
done in such a way that they would enhance the appearance of the fence.
E. Trails: It should be noted that the approval of the previous subdivision, #7539,
required the dedication of 10 feet of additional right of way for trail easement
along Carpenter Road. The plan for the Oakley area is that a suitable trail for
pedestrian and horses shall be developed along the south side of Carpenter
Road serving as a east/west trail to take hikers and equestrians over to the area
of Marsh Creek Regional Trail.
VII. CONCLUSION
Based upon the above staff report, staff recommends that the East County Regional
Planning Commission approve SUB 7681 subject to the attached conditions of
approval and that the Planning Commission recommend to the Board of Supervisors
that they approve the new P-1 rezoning of the site and final development plan also
subject to attached conditions of approval.
AB/aa
SUBXII/7681 .AB
5/26/93
6/15/93
7/26/93
8/23/93
Oakley Municipal Advisory Council
P. O. Sox 2,L2 • Oakley. Calitoraia 84661
DATE: y
TO: Harvey Bragdon, Community Development Director
Attn: Dennis_-Barry, Current'-Planning
Stan Planchon, East County Regional Planning
Commission (Oakley Representative)
Chairman, East County Regional Planning Commission
FILE NO. : ';o33
APPLICANT
OWNER:
The Oakley Municipal Advisory Council considered the
above-referenced application on
and offers the following recommendation:
RECOMMENDATIO{N:
—x APPROVE DENY NO COMMENT
VOTE:
CONCERNS, COMMENTS, AND CONDITIONS:
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1 J
�•� .f r�o i Il�,` 'l c� it tom.[��/�C�. - 1 14, f �
(Attac ent Yes __A_No)
By:
Oakley Municipal Advisory Council
Representative
cc: Supervisor Tom Torlakson
Applicant
OAKLEY MUNICIPAL ADVISORY COUNCIL
STANDARD CONDITIONS OF APPROVAL
I. Masonry fences required on all major thoroughfares. Secondary street
fences are required to have pillars every eight feet. All side and rear
fences to have steel posts every 16 feet.
2. Front yard landscaping to be provided on all developments. All plantings
will be drought tolerant.
3. A!1 plantings will be drought tolerant. plants. All areas less than 4 foot
width will be filled with baumite.
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 feeds 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 retardant.
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 Parts Master Plan.
9. All subdivisions will be required to join the applicable service districts.
10. Gas Wells - follow state guidelines.
I. I. Signs advertising developments will not-b:e pta Ile in Y:-rQ� {ight f.-v.iAy:
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 through Fridays. Saturday hours will be from 8:00 a.m, through
5:00 p.m. No work on Sundays or holidays.
r:
Land Planning Consultants-imp
239 MAIN STREET,SUITE E ■ PLEASANTON, CA 94566, ■ (510)846-170x7?,. ■ _. F . (510)846=3314
f.,
j.
April 16, 1993
Community Development Department
651 Pine Street, 4th floor, North Wing
Martinez, CA 94553
Attention: Arthur Beresford
Re: SUB 7681
Dear Mr. Beresford:
On behalf of the Liberty Union High School District we are responding to the Cinnamon Ridge
Vesting Tentative Map and Final Development Plan. The School District serves high school
students coming from Byron, Knightsen, Oakley, and Brentwood Elementary School Districts.
The District's boundary encompasses the City of Brentwood and its sphere of influence, a
portion of the City of Antioch and its sphere of influence, Bethel Island, Oakley, Knightsen,
Byron and other unincorporated territory.
The School District has a current enrollment of 1,885 students. The Office of Local Assistance
with the State of California projects high school enrollment to be 3,061 students by the 1998/99
school year. The projected enrollment represents an increase of 1,176 students from the current
enrollment:
The District has one comprehensive high school, Liberty High and one continuation high school,
La Paloma. The student capacity at Liberty High is 2,078 students. The enrollment is 193
students short of reaching student capacity. As a remedy to student growth, the District
purchased approximately 60 acres at the corner of Neroly Road and O'Hara Avenue as their
second comprehensive school facility. The new school is designed to have a student capacity
of 2,200 students. The facility will increase district-wide capacity to 4,278 students which
appears to provide adequate space for the 1998/99 projection of students.
Construction of the site is critical in meeting the needs of the students. The District has been
actively pursuing financial assistance. The High School District has applied for assistance from
the State. The District received financial assistance for preliminary architectural and engineering
April 16, 1993
Mr. Arthur Beresford
Page Two
plans. The District has completed and submitted its application for Phase H and III funding. It's
uncertain whether the District will receive funding at either of these two levels due to lack of
funding. .
The School District is currently working with developers in surveying the community in order
to determine if a General Obligation Measure would be favorable of the public. Pending the
results of the survey, the district may go before the voters with a measure to assist in
construction of this second high school. However, if a General Obligation Measure is initiated,
there would still be shortfall of funding for the second school facility.
Because the need for additional school facilities is related to students generated by new
residential development, it is critical that all development participate in providing adequate
school facilities to serve the ongoing student growth. The impact on the district is a cumulative
impact of all development.
Due to the recently amended General Plan, the county should continue requiring all development
to obtain a "will serve" letter from the school district addressing adequate school facilities and
financing requirements for these facilities. -
In conclusion, it is the school district's desire to condition this project to obtain a "will serve"
' letter from Liberty Union High School District.
Sincerely,
Kimberly Wood
cc: Phil White
Liberty Union High School District
>.. ;-......_..... ............ . ....... ... ...................
CONTRA COSTA
WATER DISTRICT
ENGINEERING DEPARTMENT ---.
2300 Stanwell,Suite A
P.O.Box H2O — =D
Concord,CA 94524-
(510)674-8000
4524(510)674-8000 FAX(510)603-8303 April 22, 1993
Directors
Ronald E.Butler Art Beresford
President Contra.Costa County
Daniel L.Pellegrini Community Development
Vice President 651 Pine Street,4th Floor, North Wing
Bette Boatman
Donald P.Freitas Martinez,CA 94553-0095
Joseph L.Campbell
Walter J.Bishop Subject: Subdivision No. 7681 Cinnamon Ridge - U. S. Bureau of
General Manager Reclamation Lateral 7.1, a 12" RCP-H-100 Waterline
Easement, USA (2084OR326) at Oakley. File No. 793400
Dear Mr. Beresford:
Please be advised that the U. S. Bureau of Reclamation has an easement for Lateral
7.1, a 12" RCP-H-100 pipe within the proposed subdivision 7681. Contra Costa
Water District operates and maintains this facility and permanent access must be
provided. The tentative map shows a storm drain within the USA easement and the
proposed grading will place a slope over the above easement, No permanent
structures and changes on the existing grading are allowed over the USA easement.
A letter for this subdivision, outlining the same concerns, was sent to the County on
October 14, 1991, copy attached.
Also,the developer shall prevent drainage from his property to enter the Contra Costa
Canal facilities, all run-off drainage must be diverted to a public storm drain facility,
per Contra Costa County Ordinance 914-2.006, and Contra Costa Water District
Regulation 1.04.110.
All plans, specifications, and design criteria within or adjacent to the canal facilities
must be reviewed and approved by the District and the U. S. Bureau of Reclamation
before construction.
If you have any questions,please do not hesitate to call me at(510) 674-8076.
Sincerely,
ntonic E. Rocha
Land Use Representative
AER/dc
Attachments
OAKLEY _
FIRE PROTECTION DISTRICT
P. O. Box 207 - - — ^
Oakley, California 94561
Business Phone (415) 625-2119
October 3 , 199i'
Contra Costa County
Community Development Department
651 Pine Street, North Wing - 4th Floor
Martinez, CA 94553
ATTN: Art Beresford
SUBJECT: Subdivision 7681 Cinnamon Ridge
East Carpenter Road, East of O'Hara Avenue
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 40 single family homes on 10 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
not more 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 131- 6" 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) .
110 . 207 UFC]
C.C.Co. Comm. Dev. Dept.
SUB7681. 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) UFC]
5. Access roads and hydrants shall be installed and in
service prior to combustible construction.
[ 10. 301 (e) UFC]
6. Fire hydrants shall be installed, in service and capable
of delivering the required fire flow 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. 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.
9 . The developer shall submit two (2) sets of. Improvement
Plans to the Fire District for review and comment prior
to construction. [2 . 206 UFC]
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.
Review of subsequent plan submittals, required above, may result
in additional requirements. Projects beginning construction more
than one (1) year from approval may also 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.
_ _
f'
C.C.Co. Comm. Dev. Dept.
SUB7681.103
October 3, 1991
Page 3
If you have any questions regarding this review, please contact
the undersigned at (510) 757-1303 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*
IN Mc HY
Fire Inspector
JT:KPM:rh
pc: Tonno Cutino
S126400PD00 - Sub 7681
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-- -- - - -
California EnvironmentalQualityAct
NOTICE OF
Completion of Environmental Impact Report
xKx l Negative Declaration of Environmental Significance
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 PINE STREET NORTH WING-4TH FLOOR MARTINEZ,CALIFORNIA 94553-0095
2031 Art Beresford
Telephone: (415) 646- Contact Person
Project Description and Location:
BELLECCI & ASSOCIATES (Applicant)- TONNO CUTINO (Owner), County File#2970-RZ: The
applicant requests approval to rezone 10.01 acres of land from Planned Unit District (P-1) for
22 lots to Planned Unit District (P-1) for 39 lots.
BELLECCI &ASSOCIATES(Applicant) - TONNO CUTINO (Owner), County File#3033-91: The
applicant requests approval of a Final Development Plan for 39 lots on the 10.01 acre site.
SUBDIVISION 7681: (Applicant: Bellecci &Associates) (Owner: Tonno Cutino) The applicant
requests approval of a vesting tentative map to subdivide the 10.01 acre site into 39 lots.
Subject property for the above referenced projects is located at the eastern terminus and north
side of East Carpenter Road approximately 771 feet east of O'Hara Avenue,in the Oakley area.
(P-1) (ZA: H-25) (CT 3020.00) (Parcel #034-100-006)
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, California
Review Period for Environmental Impact Report or Negative Declaration: Jc—_ �` — Z
thru
AD Cl 0 1 7/0() (` !.
A a;iSPm .
BELLECCI &A SSOCIATES,
2290 Diamond Blvd.,Suite 100,Concord,California 94520
(510)685-4569•Fax(510)685-4838 . 93 OCT 20 Pi-I 2: 39
October 22 , 1993
Contra Costa County
Community Development Department
4th Floor, North Wing
County Administration Bldg.
Martinez. CA 94553 RECEIVED
Attention: Art Beresford, Planner
RE: 2970-RZ OCT 2 5 19M
3033-91 DP
CLER MnARn CONTRAOCOS A CO.SUPERVISORS
Dear Art :
On behalf. of our client, R. K. Miller, the developer of the
project , we request continuance on the above referenced Rezoning
and Development Plan to Tuesday, January 18 , 199A, in front of
the Board of Supervisors. Our client is currently'
out of state.
Sincerely, W"Z
Michael P. Spencer w
C O C.
cc R. K. Miller � --t
C)=- tv
miller. con
Fr.
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CIVIL ENGINEERING LAND PLANNING LAND SURVEYING