HomeMy WebLinkAboutMINUTES - 12191995 - D6 D.6
SE
Contra
Costa
TO: BOARD OF SUPERVISORS
County
b
FROM: HARVEY E. BRAGDON ', o
DIRECTOR OF COMMUNITY DEVELOPMENT
sp,,'---
A cOUN'�
DATE: October 23 , 1995
SUBJECT: Hearing on Rezoning Application 3027-RZ. (RZ953027) to Rezone the
Existing 22 .23 acre Memory Gardens Cemetery from General Agricultural
(A-2) and 5. 03 acres of Light Industrial (L-I) Adjacent Vacant
Property to Planned Unit Development (P-1)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Approve rezoning application RZ953027 as recommended by the
County Planning Commission and/or staff., and Land Use Permit
2039-95 with conditions (Exhibit A attached)..
2 . Adopt the Planning Commission's reasons or findings as set
forth in its Resolution No. 3�{-�qS as the determination of
their actions.
3 . Introduce the ordinance giving effect to the rezoning, waive
reading and set date for adoption of same. (Ordinance 96-1)
FISCAL IMPACT
None.
BACKGROUNDI REASONS FOR RECOMMENDATIONS
The existing County General Plan land use designation is Light
Industrial for the Memory Gardens property and the properties which
surround it. The proposal for expansion to accommodate more burial
plots does not require a general plan amendment. However, the
applicant is required to apply for and obtain a rezoning to a
Planned Unit Development (P-1) District in order to be consistent
with the General Plan designation of Light Industrial. The P-1
District is the only district which is consistent with the General
Plan designation that allows for cemetery use. The existing zoning
(LI/Light Industrial) does not allow for cemeteries. Lherefore,
staff determined that the proposal for expansion n ..
approval for both a rezoning to the P-1 (Planned Unit )
and a land use permit.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ON F OARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON December 19, 1995 APPROVED AS RECOMMENDED x OTHER
This...-is the -time-heretofore noticed for hearing on the above matter. The public hearing was
opened and no one appearing to speak, the public hearing was closed and the above recommendations
were APPROVED.,
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Rose Marie Pietras - 646-2091
Orig: Community Development Department ATTESTED December 19, 1995
cc: Kemper Real Estate Management PHIL BATCHELOR, CLERK OF
Public Works THE BOARD OF SUPERVISORS
County Counsel nD COUPT ADMINISTRATOR
BY , DEPUTY
LU:ul!'IUU U 1
1
CONDITIONS OF APPROVAL FOR REZONING 3027-RZ
1. The rezoning to P-1 and Preliminary Development Plan request is approved to allow for the
development of the existing 22.23 acre Memory Gardens Cemetery from General Agriculture
(A-2) and 5.03 acres of Light Industrial (LI) adjacent vacant property to Planned Unit
Development(P-1).
2. Within 30 days of the effective date of this permit,the applicant shall submit to the Zoning
Administrator for review and approval a Final Development Plan. The Final Development
Plan shall include the existing location of the buffer zone between surrounding uses and
Highway 4 with the following changes:
A. Revise the buffer zone to include the existing Memory Gardens Cemetery and the
adjacent 5.03 acre parcel.
B. The FDP shall include design, location, lay out screening and design of entrances and
exists.
3. The applicant shall commence improvements within two and one-half years of the zoning
approval.
4. 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 profes-
sional archaeologist who is certified by the Society of Professional Archaeology (SOPA) has
had an opportunity to evaluate the significance of the find and suggest appropriate mitiga-
tion(s), if deemed necessary.
5. If any significant cultural materials such as artifacts, human burials, or the like are
encountered during construction operations, such operations shall cease within 10 feet of
the find, the Community Development Department shall be notified within 24-hours and a
qualified archaeologist contacted and retained for further recommendations. Significant
cultural materials include, but are not limited to, aboriginal human remains, chipped stone,
groundstone, shell and bone artifacts, concentrations of fire cracked rock, ash, charcoal,
shell, bone, and historic features such as privies or building foundations.
6. If any significant cultural materials such as artifacts, human burials, or the like are
encountered during construction operations, such operations shall cease within 10 feet of
the find, the Community Development Department shall be notified within 24-hours and a
qualified archaeologist contacted and retained for further recommendations. Significant
cultural materials include, but are not limited to, aboriginal human remains, chipped stone,
groundstone, shell and bone artifacts, concentrations of fire cracked rock, ash, charcoal,
shell, bone, and historic features such as privies or building foundations.
7. Appropriate mitigation of the cultural resources may include monitoring of further construction
and/or systematic excavation of the resources. Any artifacts or samples collected as part
of the initial 'discovery, monitoring or mitigation phases shall be properly conserved,
2
catalogued, analyzed, evaluated and curated along with associated documentation in a
professional manner consistent with current archaeological standards.
8. New habitable structures or other new habitable structures shall be designed to comply with
the Sound Transmission Control Standards of the Uniform Building Code for the State of
California 1989 Amendments. Structural design shall be based on the recommendation of
an acoustical study of the site by an acoustical engineer to assure that interior noise levels
do not exceed a CNEL of 45 dB and that exterior noise levels do not exceed CNEL of 60 dB.
The acoustical study shall be submitted to the Zoning Administrator for review and approval
prior to the issuance of building permits or recording.
9. Contractor and/or developer shall 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 individuals
responsible for noise and litter control,
tree protection, construction traffic and vehicles, erosion control, and the 24-hour
emergency number, shall be expressly identified in the notice. The notice shall be
re-issued with each phase of major grading and construction 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] [portion
� ���
3
of the development site]. This shall include provision for an on-site area in which to
park earth moving equipment.
F. Transporting of heavy equipment and trucks shall be limited to week days between
the hours of 9:00 AM and 4:00 PM.
G. The site shall be maintained in an orderly fashion. Following the cessation of
construction activity, all construction debris shall be removed from the site.
10. The project shall comply with the dust control requirements of the Grading Ordinance
including provisions pertaining to water conservation.
11. All signs shall be subject to the review and approval of the Zoning Administrator. No other
outside displays are permitted.
12. Conditions of Approval from the Public Works Department:
A. General Requirements:
1) This development shall conform to the requirements of Division 914
(Drainage) and the remainder of Title 9 and Title 10 of the Subdivision
Ordinance. Any exceptions therefrom must be specifically listed in the
conditional approval statement. Drainage, road and utility requirements are
based on the plan submitted in April, 1995 and shall be subject to the review
of the Public Works Department.
2) Improvement plans prepared by a registered civil engineer shall be submitted
to the Public Works Department, Engineering Services Division, along with
review and inspection fees, and security for all improvements required by the
Ordinance Code or the conditions of approval for this project.
3) Applicant shall obtain an encroachment permit from the Application&Permit
Center for construction of driveways, or other improvements within the right
of way of Arnold Industrial Way.
B. Roadway Improvements(Frontage):
1) Applicant shall construct the face of curb 3.0 meters(10-feet)from the right-
of-way line.
2) Applicant shall construct curb, 1.4 meter(4.5-feet) sidewalk(width measured
:,from curb face),necessary longitudinal and transverse drainage, street lighting
and pavement widening along the frontage of Arnold Industrial Way from the
F 17
4
westerly property line of the new parcel (159-090-024) east to the easterly
property line of the existing cemetery property(159-070-035).
3) Applicant shall cut existing pavement to a neat line along an existing adequate
structural section when widening the pavement. Widening shall commence
at that line and may require an exploratory trench or pothole to determine the
limits of pavement widening.
4) A standard driveway depression shall be constructed at the entrance of the
project. This driveway shall be a minimum of 7.3 meters (24-feet)wide and
3.2 meters(10.5-feet)in depth measured from the face of curb.
C. Utilities/Undergrounding
All new utility distribution services shall be installed underground.
D. Drainage Improvements:
1) Division 914 of the Ordinance Code requires that all storm waters entering or
originating within the subject property shall be conveyed, 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.
2) The applicant shall collect and convey storm water run-off from the new on-
site service road in accordance with Division 914 of the Ordinance Code. An
exception from the collect and convey requirements of the Ordinance Code
is granted for the remainder of the new parcel (159-090-024) and the existing
cemetery improvements on parcels 159-070-035,-034 providing the applicant
maintains the existing drainage pattern and does not dispose concentrated
storm water run-off onto adjacent property.
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDMONS OF
APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY
NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF
ADDITIONAL ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO
PROCEED WITH DEVELOPMENT.
L� A\�i11 jil` I
U Al
5
A. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare
Fee Ordinance for the Central County Area of Benefit as adopted by the Board of
Supervisors. Because no peak hour trips are generated by this project, no Area of Benefit
Fees will be required under this permit.
B. The applicant shall be required to comply with all rules, regulations, and procedures of the
National Pollutant Discharge Elimination Systems (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 H or
Central Valley-Region V).
RMP/aa
RZ 1 s/3027-RZC.RMP
9/5/95
10/03/95 -P/C Rev. (v)