HomeMy WebLinkAboutMINUTES - 01241995 - D.1 V D. 1
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TO: BOARD OF SUPERVISORS �; _ _ _ Costa
County
FROM: HARVEY E. BRAGDON �
DIRECTOR OF COMMUNITY DEVELOPMENT �•, `4°
DATE: January 17, 1995 �ouK
SUBJECT: Hearing on Rezoning Application #2987-RZ and companion application
Development Plan #3008-92 to rezone approximately 47.7 acres of land
from Single Family Residential (R-15) and Planned Unit District (P-1)
to Planned Unit District (P-1) , for a maximum of 225 lots. Subject
property is located at the eastern end of Malicoat Avenue, Douglas Road
and Hill Avenue, in the Oakley Area. Application filed by Bellecci and
Associates and CBM at al.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the Mitigated Negative Declaration prepared for this
project. The mitigation measures are included- as conditions
of approval for this project.
2. Adopt the Mitigation Monitoring Program for this project.
3 . Approve , Rezoning application #2987-RZ and Development Plan
#3008-92 as recommended by the East County Regional Planning
Commission, subject to the attached condition of approval of
the East County Regional Planning Commission except as
modified by the December 8, 1994 memo from the Public Works
Department.
4 . Adopt the East County Regional Plan Commission's findings as
set forth in Resolution #38-1994 as the determination for
these actions.
5. 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 SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA OF D COMMITTEE
APPROVE OTHER
-
77
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER `
SEE ADDENDUM FOR BOARD ACTIONS
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:Art Beresford 646-2031 ATTESTED January 24, 1995
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Bellecci & Associates THE BOARD OF SUPERVISORS
CMB et al n AT)COUN ADMINISTRATOR
Public Works-Attu: Mitch Avalon
Redevelopment Agency-Attn: James KennedyBY , DEPUTY
AB:df
Page Two
OAKLEY MUNICIPAL ADVISORY COUNCIL (GMAC) POSITION
GMAC , voted unanimously to approve this project. OMAC's attached
letter dated April 26, 1994 outlines their concerns, comments and
conditions.
BACKGROUNDIREASONS FOR RECOMMENDATIONS
This application was originally for 180 Single Family Residential
units. That application was recommended for approval by the East
County Regional Planning Commission in July, 1993 . The Board had
several hearings on this application in late 1993 . The applicant
indicated that because of conditions that required a large
expenditure that additional units were required to help pay for the
required infrastructure (roads and drainage improvements) . The
applicant indicated that they would request a 25% density bonus for
moderate income housing. The number of lots was to be increased
from 180 to 225. The Board then referred the proposal back to the
East County Regional Planning Commission to -hold hearings on -the
new proposal.
On February 25, 1994 the applicant submitted a revised application
for 225 lots. The revised application was sent out to various
agencies for comments. A new CEQA review was conducted and a new
Mitigated Negative Declaration posted.
On August 1, 1994 the East County Regional Planning Commission
heard this application and recommended approval of the 225 lot
application subject to attached Conditions (#2987-RZ & DP 3008-92) .
The East County Regional, Planning Commission closed their hearing
on the companion subdivision application #7689 and declared their
intent to approve subject to the Board's approval of #2987-RZ and
DP 3008-92 . Subsequent to the , East County Regional Planning
Commission hearing meetings were held between the applicant,
Redevelopment, Public Works and Community Development staffs as
well as the Ironhouse Sanitary District to determine if part of the
infrastructure could be financed through redevelopment funds. The
area to the west of this site is within the Oakley Redevelopment
area. In November the Redevelopment Agency agreed to paying part
of the infrastructure costs to improve Malicoat and Hill Avenues
and Douglas Road and to improve the drainage in the area (see
attached memo) . The Redevelopment Agency agreed to fund $729, 000
vof certain .infrastructure improvements.
in their December 8, 1994 memo to Community Development, Public
Works recommends further changes in Conditions of Approval in light
of the funding provided by the Redevelopment Agency.
Staff recommends that the Board of Supervisors approve #2987-RZ and
DP 3008-92 subject to attached conditions as recommended by the
East County Regional Planning Commission except as modified by the
recommendations of the Public Works Department in their December 8,
1994 memo.
ADDENDUM TO ITEM D. 1
JANUARY 24 , 1995
On January 17, 1995, the Board of Supervisors deferred to
this date the decision on the hearing on the recommendation of
the East County Regional Planning Commission on the request of
Bellecci and Associates (applicant) and CBM et al (owners) for
approval to rezone (2987-RZ) approximately 47 . 7 acres of land
from Single Family Residential District (R-15) and Planned Unit
District (P-1) to Planned Unit District (P-1) and preliminary
development plan approval for 225 Single Family lots and a 2 . 40
acre park area; and for approval of a Final Development Plan for
225 lots and a 2 . 40 acre park area on a 47 . 7 acre site (County
File 3008-92) in the Oakley area.
Supervisor Torlakson commented that the school language had
been worked out and a copy given to the Clerk, and he expressed a
direction to staff to move forward and facilitate a resolution of
the ultimate school financing questions .
Dennis Barry, Community Development, commented on the letter
dated January 17, 1995, from the applicant requesting
modifications to the conditions and he responded with
recommendations for change including: Add item 10C to say the
proposed parkland dedication and improvements shall satisfy the
park dedication fee requirements . This project is dedicating
land and constructing improvements that exceed park fee
requirements thus no park dedication fees are required for this
development . Secondly, the applicant has requested that
Condition 13 be changed to require a seven foot tall masonary
fence along the southern and western side of the proposed park
and he advised that staff is in agreement with that and
recommends that the condition be so modified. Thirdly, Mr.
Bellecci has requested that Condition 20 the final sentence or
phrase or by developer financing be deleted and he advised that
staff did not have a problem with deleting or by developer
financing from Condition 20 , and he advised that staff concurred
with Supervisor Torlakson' s wording on the school district, and
he advised that staff was supportive of the requested change in
Condition 37 that the density bonus be changed to require 45
units rather than 56 units of moderate income housing. Mr. Barry
commented on Condition 38, suggesting wording of at least 45 days
prior to recording the final map for this project or any phase of
this project, submit a site assessment and if applicable lead
contamination remediation plan acceptable to the Hazardous
Materials Office of the Contra Costa County Health Services
Department, the study may include the drilling of one or more
monitoring wells and sub-surface and surface soil testing.
Mitch Avalon, Public Works Department, commented on the
issue of the Redevelopment funds used to fund some of the off-
site improvements and how much Redevelopment/developer funds
should be used. He commented on a proposal for reimbursement for
all parcels that are undeveloped and could develop in the future
that front on Malicoat and Hill .
Supervisor Torlakson moved approval of the rezoning and all
staff recommendations as outlined with the understanding that on
the issue of the funding of the off-site improvements if there
was a problem would go to the Zoning Administrator, otherwise it
would stand as staff had recommended today, and he directed staff
to meet with the Oakley and Liberty Union School Districts and
that the Board direct him to facilitate a meeting with the
builders and the school district to help resolve the school
financing issue for the long haul .
Supervisor DeSaulnier seconded the motion.
IT IS BY THE BOARD ORDERED that Rezoning application 2987-RZ
and Development Plan 3008-92 are APPROVED with amended
conditions; and Ordinance No. 95-3 , giving effect to the rezoning
is INTRODUCED, reading WAIVED, and January 31, 1995 is SET for
adoption of same, and staff recommendations 1, 2 , and 4 are
APPROVED.
ADDENDUM TO ITEM D. 1
JANUARY 24 , 1995
On January 17, 1995, the Board of Supervisors deferred to
this date the decision on the hearing on the recommendation of
the East County Regional Planning Commission on the request of
Bellecci and Associates (applicant) and CBM et al (owners) for
approval to rezone (2987-RZ) approximately 47 . 7 acres of land
from Single Family Residential District (R-15) and Planned Unit
District (P-1) to Planned Unit District (P-1) and preliminary
development plan approval for 225 Single Family lots and a 2 .40
acre park area; and for approval of a Final Development Plan for
225 lots and a 2 .40 acre park area on a 47 . 7 acre site (County
File 3008-92) in the Oakley area.
Supervisor Torlakson commented that the school language had
been worked out and a copy given to the Clerk, and he expressed a
direction to staff to move forward and facilitate a resolution of
the ultimate school financing questions .
Dennis Barry, Community Development, commented on the letter
dated January 17, 1995, from the applicant requesting
modifications to the conditions and he responded with
recommendations for change including: Add item 10C to say the
proposed parkland dedication and improvements shall satisfy the
park dedication fee requirements . This project is dedicating
land and constructing improvements that exceed park fee
requirements thus no park dedication fees are required for this
development . Secondly, the applicant has requested that
Condition 13 be changed to require a seven foot tall masonary
fence along the southern and western side of the proposed park
and he advised that staff is in agreement with that and
recommends that the condition be so modified. Thirdly, Mr.
Bellecci has requested that Condition 20 the final sentence or
phrase or by developer financing be deleted and he advised that
staff did not have a problem with deleting or by developer
financing from Condition 20, and he advised that staff concurred
with Supervisor Torlakson' s wording on the school district, and
he advised that staff was supportive of the requested change in
Condition 37 that the density bonus be changed to require 45
units rather than 56 units of moderate income housing. Mr. Barry
commented on Condition 38, suggesting wording of at least 45 days
prior to recording the final map for this project or any phase of
this project, submit a site assessment and if applicable lead
contamination remediation plan acceptable to the Hazardous
Materials Office of the Contra Costa County Health Services
Department, the study may include the drilling of one or more
monitoring wells and sub-surface and surface soil testing.
Mitch Avalon, Public Works Department, commented on the
issue of the Redevelopment funds used to fund some of the off-
site improvements and how much Redevelopment/developer funds
should be used. He commented on a proposal for reimbursement for
all parcels that are undeveloped and could develop in the future
that front on Malicoat and Hill .
Supervisor Torlakson moved approval of the rezoning and all
staff recommendations as outlined with the understanding that on
the issue of the funding of the off-site improvements if there
was a problem would go to the Zoning Administrator, otherwise it
would stand as staff had recommended today, and he directed staff
to meet with the Oakley and Liberty Union School Districts and
that the Board direct him to facilitate a meeting with the
builders and the school district to help resolve the school
financing issue for the long haul .
Supervisor DeSaulnier seconded the motion.
IT IS BY THE BOARD ORDERED that Rezoning application 2987-RZ
and Development Plan 3008-92 are APPROVED with amended
conditions; and Ordinance No. 95-3 , giving effect to the rezoning
is INTRODUCED, reading WAIVED, and January 31, 1995 is SET for
adoption of same, and staff recommendations 1, 2 , and 4 are
APPROVED.
JAN-23—.1995 23: le. ALERVISOR TORLAKSON 5104278142 P.82
_ L '
DRAT
[On Liberty Uixion High School District letterhoaal
January 23, 1995
Supervisor Tom Torlakson
Supervisor, District Five
Contra Costa County Board of Supervisors
300 Frost Leland Road, Suite 100
Pittsburg, California 94565-4961
Re: Suggested Language Relative to Ila-92)
nd Associates -Request for Approval
1;
of Rezone 0987827 (County File
Honorable Supervisor Torlabon:
X have reviewed the lata w►ge which I understand your ofCuc has proposed relative to
the candid= of approval for the above-referenced Rezone (2987-M (the•"Project").
Previously, our legal counsei submitted correspondence kkoify* the school facilities
impacts of the Project =d the necessary for regftizg fall mitigation of such impacts as a
coa&tkm of approval of the Project.
In this regard I am concerned that the language as proposed does not adequately
provide for an appropriate condition which would require the applicant to eater foto a
mitigation agreement with the District to provide for the funding of the school facilities
impacts from-the Project` but instead makes reference to a "distda-wide fee" establ!Wwd
prior to building permits. Such language does not adequately ensure tate availability of school
facilities concurrent with the needs of the proposed development.
By contrast, the Contra Costa Coauty Board of Supervisors has already approved The
following 3arageiage among the conditions of approval for new development(specificaYly with
respect to the Discovery Bay 'West proposal), which is required prior to final
OA
"Acconodation must be made of the additional pmIln ea
uut of satdcm that may be
added in the liberty Union High Sehoal Distrlc dC' ue to the changes that would be
alio ent. This can be accomplished by several
arrangements-or combinations thereof. suebE as payment,of school impact fees plus
other contribution from the developer, provision of new facilities, or formation of a
funding mechanism such as a Mebo-Roos District. Payment of school impact fees
oNcwWAn+nmm
y '
4
JAN723-1995 23:19 SU �,�,,ISOP TGFLAKSON 51�i427S142 F.83
supervisor Tom Torlakson
January 23, 1995
Page 2
alone would not reduce this impact to a less than signfficant level because such fees
are not sufficiad to cover the cost of constructleg new facilities. The contxfbtuion
from the developer could take the forst of portable classrooms, construction of
facilities, or an additional fee, as is satisfactory to the Liberty Union High School
District."
The District has also ested consideration of the following language as part of the
conditions of approval of new velgment within the C=ry
"The Developt r(s) shall tea 1 Mitigation Agroennent, Which School
Mitigation ggreetrtent steal! c in provisions and provide for payment to the Liberty
Union High School DISt]'iCt punts acceptable GD Ilse Liberty Urian Iiigls School
District in the Liberty U ' Hi School District's Board of Trustees' reasonable
exercise of discretion mdtigate impacts of their project on School Facilities
prior to submittal the Developers o any application for approval of a tentative map
for the Project."
Z am told nt3' considers the Iatiguave relative to Discovery Bay West to be
equivalent to the language proposed by the District, other tbau with respect to the timing
requirements (i.e. prior to final map approval rather than tentative map application). By
comrast, the language which I understand you have proposed for ft above-referenced
Belleeai and Associates Project would appear to deter such mitigation until well after all
legislative enticlemeats are in place (i.e. building permit). Furthermore, a non-binding,
ambiguous. unspecified proposal for 'whatever district-wide fee is established" prior to
issuance of.building pormits is neither legally adequate nor effective in furtherance of the
County's own existing policies. Unless the obligation is definite and certain, with conditions
set forth in an agreement to the satisfaction of the District (and any other affected school
district)and executed at least prior to approval of a final neap for the Project, t1wre is no
adequate assurance that the adequate school facilities will be available len time to mcci the
needs of the students to be generated from the Project. The County has the authority to
require this of the proponents of the Project, as ft developers are not entitled to the issuance
fi of a building permit as a matter of right, but are subject to the rule that a builder must
comply with the laws that are in effect at the time a building permit is issued, including the
laws which arc enacted after application for the permit, Fontaw,Unified School 1212-I-Xict :Y-
City of Ria]to (4th Dist. 1985) 113 Cal.App.3d 725; 219 Ca1.Rptr. 254.
Vwc-fow, unless the applicaxu emers into a Mitigation Agreement with the District
containing provisions for payment to the District in amounts acceptable to the District, which
will ensure the availability of school facilities to house the students to be geacrated by the
s�ucwawr�wi�
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: January 19, 1995
TO: Board of Supervisors
-FROM: . __ J.Mchael Walford,Public Works Director
SUBJECT: Subdivision 7689-Malicoat Avenue/Oakley Area
The above subdivision was heard by the Board of Supervisors on January 17, 1995, and several
questions were raised. The following is list of the questions and responses.
1.Road Improvements on Malicoat Avenue,Douglas Road and Hill Avenue
As recommended by staff,the conditions of approval require full improvements to
Malicoat Avenue,Douglas Road and Bill Avenue,which consist of curb,gutter and
sidewalk on both sides and 36 feet of paving.In addition, storm drainage and sanitary
sewer will be installed on all three streets. The funding for these improvements will
be a combination of developer funding and redevelopment agency funding.
2.'When Will the Improvements be Constructed?
The improvements to Malicoat Avenue, Douglas Road and Hill. Avenue will be
constructed when the developer builds the subdivision.The Redevelopment Agency
cannot fund any improvements until the improvements within the subdivision are
installed first.If the subdivision does not go forward, then the imployements will not
be done.
3. Storm Drain Alignment
A question was raised as to where the storm drain system will be installed on Malicoat
Avenue,Douglas Road and Hill Avenue,and through which properties'easements will
be needed for the storm drain system. The alignment of the storm drain system
cannot be determined with certainty until.the final design is complete. However, at
this time the developer's engineer, Bellecci and Associates, has completed a
preliminary alignment of the storm drain system that should be fairly close to the final
alignment. The design will be contracted out by the Redevelopment Agency. They
may contract with Bellecci and Associates since they are doing the design of the
subdivision improvements. The Public Works Department will be reviewing and
approving the plans for the final design.
Subdivision 7689-
Malicoat Avenue/Oakley Area
Page Two
4. Sanitary Sewer Alignment
A question was also raised about the alignment of the sanitary sewer system and
through which properties'easemenm will be needed for the sanitary sewer.Again this
cannot be determined with certainty until the.final design is complete. However,
Bellecci and Associates has a preliminary design for the sewer system that should be
fairly close to the final design.It should be noted that sewer mains will be installed on
Malicoat Avenue, Douglas Road and Hill Avenue. The sewer mains will not be
installed on private streets unless an easement can be obtained. Once sewer mains are
installed, the residents on Malicoat Avenue, Douglas Road, and Hill Avenue may
connect to the sewer upon payment of the hookup fees through the Ironhouse
Sanitary District.The Ironhouse Sanitary District will be reviewing and approving the
plans for the sewer system.
5.Right of Way Width on Douglas Road
There is some question about the right of way width on Douglas Road. Our records
indicated that Douglas Road was 50 feet in width. We have researched those records
again and confirmed that the right of way was granted to the County by.deed,on June
59 1944,to a width of 50 feet from Highway 4 to the subdivision boundary.
6.Fences,Retaining Walls and Other Obstructions within the Right of Way
Malicoat Avenue,Douglas Road and Bill Avenue are County maintained roads, each
with a 50-foot wide public right of way. A question came up as to who would move
fences,retaining walls and other obstructions within the right of way in order to widen
the road.Normally any fences, retaining walls, etc. that are within an existing public
right of way would have to be moved outside of the right of way by the property
owner, unless the property owner has an encroachment permit. If right of way has
to be acquired to widen a road, and a fence or obstruction is within the area being
acquired,then the fence would be moved back as a part of the road.project at no cost
to the property owner. There is no need to acquire right of way for the planned
improvements for the three streets, so any obstructions that are within the existing
right of way that need to be moved will have to be moved at the property owners
expense. The contractor widening the roads will notify any property owners who have
obstructions in the right of way and give them an opportunity to relocate the
obstruction. If the obstruction is not removed by the property owner, then the
contractor will remove them with no obligation to replace them.
RMA:cl
g:engsvvc.werk.sub7689.t1
CC., F. Bellecci
CONDITIONS OF APPROVAL FOR 2987-RZ, FINAL DEVELOPMENT PLAN 3008-92 . ..__
AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING
COMMISSION ON AUGUST 1, 1994
1 . This application is approved, generally as shown on the Revised Vesting Tentative Map
& Final Development Plan dated received February 25, 1994 by the Community
Development Department for a maximum of 225 lots, subject to the following
conditions.
2. This approval is contingent on adoption of Rezoning 2987-RZ and Final Development
Plan 3008-92. To the extent that there is any conflict between this permit and the
permit for the Final Development Plan, the permit for the Final Development Plan
approval will govern.
3. With this approval, the two currently active, tentatively approved subdivisions on the
project site (County File #7396 & 7390) are null and void.
4. The length of approval for the approved tentative map as well as the accompanying
final development plan and rezoning shall be for three years. One 3-year extension
may be granted, subject to proper request and approval.
5. The development may be done in phases subject to review and approval of the Zoning
Administrator.
6. The guide for development of the proposed lots is subject to the yard requirements and
use provisions of the Single Family Residential District R-10 and includes the following
exceptions:
A. Detached accessory structures shall be limited to a height of 12.feet and total
of 500 square feet of area.
B. Front yard setbacks shall varying between 20 to 27 feet. Prior to filing the
Parcel Map a fit plan shall be submitted for the approval of the Zoning
Administrator showing proposed setbacks and number of stories for proposed
residence.
C. Side yard setbacks shall be a minimum of 5-feet and aggregate side yards shall
be a minimum of 10-feet.
D. The residence on lot #220 shall face Malicoat Avenue.
E. Residences on corner lots shall be, as much as possible, one story designs.
7. All proposed structures shall be reviewed and approved by the Zoning Administrator
prior to issuance of building permits. The Zoning Administrator's review shall take into
account building bulk, height, land coverage, visual appearance from adjacent lands,
and design compatibility with existing adjoining development.
i t
3
S. The applicant shall establish a graded 10-foot wide eq Tutus trail through
the subdivision along the south side of Hill Avenue with access to the planned
equestrian-oriented trail along the west bank of Marsh Creek.
9. The applicant shall provide and plant at least 30 native Oak trees and/or other suitable
trees which are drought, wind, heat tolerant 0 5-gallon container size) in the park area.
This shall be accomplished prior to the issuance of the 150th Building Permit. .
10. The park design shall be submitted to the O-MAC Park Subcommittee for review and
comment before approval by the County. The park and recreation area shall be
improved with the following:
A. An access point at the northern portion of the park site linking the multi-
purpose trail along Hill Avenue and the planned equestrian-oriented trail along
the west bank of the Marsh Creek Flood Control Channel.
B. The park area shall have a suitable irrigation system installed and shall be
turfed. At least 30 native oak trees shall be planted in the park area. Trees
shall be 15 gallon sized. The oak grove area need not be turfed. At least one
suitable drinking fountain shall be established in the park.
11 . The western boundary (between Malicoat and Hill Avenue) shall be fenced with six
foot tall solid wood fencing to within 15 to 20 feet of street right of ways. The lots
of this subdivision shall be fenced with six foot tall solid wood fencing to within 15 to
20 feet of the various street rights of way. Wood fencing shall be designed to stand
up in the sandy soil.
12. A six-foot tall cyclone fence with slats or other agreeable fencing shall be constructed:
A. On the west, north and east sides of the Foreman property. This fencing shall
be installed prior to issuance of building permits on the nearby lots. A suitable
gate shall be provided at the end of "C" Street if the Forman's want a gate.
B. Along the project site's northern boundary on the Anderson and Amador
property. This fencing shall be installed prior to issuance of building permits on
the nearby lots.
13. An eight foot tall solid wood fence with brick pilasters every eight feet shall be
constructed along the west and south side of the park area prior to occupancy of any
lots in the Development.
14. A six or seven foot tall cyclone fence with suitable plastic slats shall be erected along
the entire eastern boundary of the project site adjacent to the planned equestrian-
oriented trail. The top of the fence shall be strengthened with materials similar to the
support structure. This fencing shall be installed prior to occupancy of any lots in the
Development.
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4
15. Prior to filing the Final Map, lots located along the Marsh Creek channel shall have a
notice recorded with their deeds of the planned existence of a regional trail for
pedestrian, bicycle, and equestrian use together with the noise and possible nuisances
that the trail may create.
16. Forty-five days prior to recording the Final Map, the applicant shall submit a Land-
scape/Irrigation Plan, subject to the review and approval of the Zoning Administrator,
conforming to the County's Water Conservation Landscaping in New Developments
Ordinance and the Oakley Landscape Guidelines, which includes the following:
A. Native, drought-resistant plants whenever feasible.
B. The approximately 30 native oak trees and/or other suitable native trees which
are drought, wind, and heat tolerant (15-gallon container size) to be planted in
the park area.
C. A minimum of two 15-gallon street trees shall be planted for each lot and a
minimum of three 15-gallon street trees shall be planted for each corner lot.
The trees shall be maintained by the applicant until occupancy of the residence.
The Zoning Administrator shall review and approve the street tree planting plan.
D. Landscaping and development plans for the park site and recreation area and
the pedestrian trails. Such improvements shall be installed prior to the issuance
of the 150th Building Permit for the project.
E. Front yard landscaping for all lots. All front yard landscaping shall be installed
or bonded prior to occupancy on any new residences on the project site Typical
frontyard landscape plans shall be submitted for the review and approval of the
Zoning Administrator.
17. Landscaping in the park and recreation area and maintenance of all common
recreational amenities shall be maintained by the applicant until annexation to the
Landscaping-Lighting District.
18. If there is to be fill material placed along the northerly side of the project or the
Foreman property, the applicant shall attempted to reach an agreement with adjacent
property owners (Amador, Anderson, and Foreman) for the transfer of slope fill onto
their properties in order to eliminate the down slope at the rear of nearby lots. If an
agreement cannot be reached, fencing shall be located at the top of the slope.
19. Water supply serving the project site shall be by the Diablo Water District. Each
.individual living unit shall be served by a separate water connection. Such water
distribution system located within the boundaries of the properties concerned in this
application shall become an integral part of the Oakley Water District's overall water
distribution system.
20. Sewage disposal serving the properties concerned in this application shall be provided
by the Ironhouse Sanitary District. Each individual living unit shall be served by a
separate sewer connection. The sewers located within the boundaries of the
properties concerned shall become an integral part of the Ironhouse Sanitary District.
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21. The applicant shall extend the sanitary sewer easement/line to the eastern terminus
of Malicoat and Hill Avenues and Douglas Road.
22. The applicant shall show proof that water and sewage service is available prior to
recording the Final Map.
23. Comply with the requirements of the Oakley Fire Protection District.
24. The applicant shall cul-de-sac Doyle Road, relinquish abutters rights of access and
vacate their portion of Doyle Road, and cooperate in the renaming of Doyle Road to
Doyle Court. Such actions shall be subject to the review and approval of the Public
Works Department. The cul-de-sac on Doyle Road shall be properly fenced.
25. Illuminated house numbers visible from a public or private roadway are required for
each residence.
26. 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 to
locate stationary noise-generating equipment such as air compressors and
concrete pumpers as far away from existing residences as possible.
C. At least on 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 areas 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.
6
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 con-
struction 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.
27. 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.
28. 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
shall 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.
29. Pursuant to Government Code Section 66474.9,the applicant(including the subdivider
or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa
County 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.
30. Thirty days prior to filing the Final Map, plans shall be submitted for review by the
Community Development Department, Graphics Section, to obtain addresses and for
street name approval. Alternative street names should be submitted in the event of
duplication and to avoid similarity with existing street names. The Final Map cannot
be certified by the Community Development Department without the approved street
names and the assignment of street addresses.
7
31 . Provision of a Child Care Facility or program is required for this development. The
program shall be submitted at least 45 days prior to filing the Final Map for the review
and approval by the Zoning Administrator.
32. At least 46G {3 days prior to recording a Final Map, issuance of Building Inspection
Department permits, or installation of improvements or utilities, submit a preliminary
geotechnical (geology, soil, and foundation) report meeting the requirements of
Subdivision Ordinance Section 94-4.420 for review and approval of the Planning
Geologist. This report shall include evaluation of the potential for liquefaction and
seismic settlement. Improvement, grading, and building plans shall carry out the
recommendations of the approved report.
33. Record a statement to run with deeds to the property acknowledging the approved
report by title, author (firms), and date, calling attention to approved recommenda-
tions, and noting the report is available from the seller.
34. 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 his 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."
35. The garage area of each residence shall be wired for electric car recharging subject to
the review and approval of the Zoning Administrator, and subject to the adoption of
final Board policy.
36. The applicant shall receive a "will serve" letter from the Liberty Union High School
District and the Oakley School District prior to filing the Final Map.
37. Pursuant to Policies 6-1, 6-6, and 6-9 of the Housing Element of the General Plan
(1990-2005), the applicant, contemplating a for sale development, shall enter into a
Developer Sales Agreement (form to be approved and provided by the County) with
the County at least 90 days prior to the filing of a Final Map. This Agreement shall
require that a minimum of 4.8 25 percent (23. units) of the proposed 225 units be
made affordable to and occupied by t-ow l t -Income Households. The
Affordable Units shall be deed restricted with the provision that the units remain
. affordable for a minimum of 30 years (15 years with continuous occupancy by the
same Household). For purposes of the Affordable housing Requirements, the following
definitions and conditions apply:
1
8
A. Low i!U§0#W07Income Households are defined as households with incomes
which do not exceed E9Q percent of the Area Median Income for Contra
Costa County, as adjusted for household size and defined in Section 50093 of
the California Health and Safety Code. Maximum incomes for Low-Income
Households will be provided to the Developer by the Community Development
Department.
B. Affordable Unit: A Unit shown on Subdivision 7689 and DP 3008-92 which is
affordable to and occupied by a Low oleate Income households.
.........................
..........................
1) Developer shall be responsible for designating the Affordable Units and
for assuring that these units are spatially dispersed throughout the
proposed Development in a manner which reflects their overall propor-
tion in the total development. Prior to filing a Final Map, Developer shall
submit a plan setting forth the proposed located of Affordable Units to
the Zoning Administrator for review and approval.
2) Affordable units shall be of a compatible design and comparable in
quality to the market rate units.
C. Affordable Sales Price: The maximum sales price for the Affordable Units shall
not exceed the lesser of the price of the market rated units or the maximum
affordable price as specified in Appendix E of the County's Density Bonus
Program with adjustments for prevailing rates of interest and unit size.
D. Occupancy of designated Affordable Units shall be limited to the respective
owner of each unit during the term of the affordable program. Further, the
program shall require that all individuals with an ownership interest in an
Affordable Unit shall be required to occupy the unit, so as to preclude equity
share or other comparable ownership interests. However, this condition is not
designed nor intended to preclude family members from assisting in the
financing for the unit occupant(s).
E. Affordable Units shall be made available in a timely manner equivalent to the
production and sale of the market rate units.
F. Developer shall be responsible for verifying the income and household size of
dew ; tte-Income Households purchasing an Affordable Unit and shall
provide this information to the Community Development Department prior to
acquisition of an Affordable Unit to ensure compliance with the County
Affordability Requirement.
.........................
G. Developer shall be responsible for ensuring that each L-eav� 111ts'derate-Income
Household acquiring an Affordable unit enters into a Buyer's Purchase
Agreement for Affordable Units as part of the purchase process. The Buyer's
Purchase Agreement must be recorded in the Official Records of Contra Costa
County.
9
H. Developer will facilitate a meeting between Community Development
Department staff and sales personnel for the Development in order to-ensure
clear understanding of the County's Affordability requirements.
38. At least 45 days prior to recording the final map for this project or any phase of this
project a site assessment acceptable to the Hazardous Materials office of the Contra
Costa County Health Services Department in the vicinity of Hill Avenue. This study
may include the drilling of one or more monitoring wells.
39. The following requirements pertaining to drainage, road, and utility improvements will
require the review and approval of the Public Works Department:
A. General Requirements:
1) In accordance with Section 92-2.006 of the Ordinance Code, this
subdivision shall conform to all applicable provisions of the Subdivision
Ordinance (Title 9). Any exceptions therefrom must be specifically
listed in this conditional approval statement. The drainage, road and
utility improvements outlined below shall require the review and
approval of the Public Works Department and are based on the Tentative
Map dated February, 1994.
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
e improvements required by the Ordinance Code for the conditions of
approval of this subdivision. These plans shall include any necessary
traffic signage and striping plans for review by the Transportation
Engineering Division.
3) Any construction vehicles, which because of their size or weight
required special permits, will be required to comply with Section
1002-8.030 (Movement of Vehicles) of Title 10 of the County Ordi-
nance Code.
4) 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.
B. Public Roadway Improvements (Frontage):
1) Applicant shall construct Hill Avenue, including that portion of Hill
Avenue which fronts Parcel 033-070-002, to at least a 28-foot road
width within a 40-foot right of way, with curb, four-foot, six-inch
sidewalk (width measured from curb face), and necessary longitudinal
10
and transverse drainage along the Hill Avenue frontage. Sidewalk shall
not be required along the frontage of Parcel 033-070-002. The face of
the curb shall be 18 feet from the ultimate centerline of the road.
C. Public Roadway Improvements (On-Site):
1) 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. All internal streets shall be constructed as 36-foot roads within
56-foot right of way widths, or 32-foot roads within 52-foot right of
way widths, as shown on the tentative map.
2) Install safety related signing and striping on Malicoat Avenue and Hill
Avenue as approved by the Public Works Department.
3) Provide for adequate sight distance at all internal intersections for a
design speed of 30 miles per hour in accordance with Caltrans stan-
dards.
D. Public Roadway Improvements (Off-Site):
1) Construct the extension of Malicoat Avenue as a 36-foot road from
State Highway 4 to the project site, with curb, four-foot, six-inch
sidewalk,necessary longitudinal and transverse drainage,and necessary
pavement widening along both sides of the road, within the existing 50-
foot right of way. Malicoat Avenue shall be reconstructed, if necessary,
for the appropriate Traffic Index, subject to the review and approval of
the Public Works Department.
2) Construct the extension of Hill Avenue as a 36-foot road from State
Highway 4 to the project site, with curb, four-foot, six-inch sidewalk,
necessary longitudinal and transverse drainage,and necessary pavement
widening along both sides of the road within the existing 50-foot right
of way. Hill Avenue shall be reconstructed, if necessary, for the
appropriate Traffic Index, subject to the review and approval of the
Public Works Department.
Hill Avenue shall be designed for a design speed of 30 miles per hour.
If, in the determination of the Public Works Department, adequate sight
distance cannot feasibly be attained on Hill Avenue, the project access
shall be moved from Hill Avenue to Douglas Avenue, which will be
improved for a design speed of 30 miles per hour, and the applicant
shall revise the tentative map accordingly, subject to the review and
approval of the East County Planning Commission.
3) A sketch plan shall be submitted to the Public Works Department,
Engineering Services Division, for review showing all off-site 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, lighting and cross-sections. The sketch
plan shall extend a minimum of 150-feet beyond the limits of the
proposed work. The sketch alignment plan shall also include sufficient
information to show that adequate sight distance has been provided.
4) The off-site road improvements on Hill Avenue and Malicoat Avenue are
eligible for reimbursement from future developments which may benefit
from the improvements. The developer shall contact the Public Works
Department, Engineering Services Division, to determine the extent of
any reimbursement for which the applicant might be eligible. Prior to
constructing any public improvements, or filing of any final map, the
applicant shall execute a reimbursement agreement with the County.
No reimbursement will be made for any improvements installed prior to
execution of the reimbursement agreement.
5) Construct a five-foot asphalt concrete pedestrian path along the west
side of Highway 4 from the Carpenter Road extension to the existing
access to the Gehringer School.
6) Construct a paved turnaround on Doyle Road, subject to the review of
the Public Works Department and the review and approval of the Zoning
Administrator.
7) Prior to the filing of the Final Map for the last phase of this develop-
ment, install a traffic signal at the intersection of Highway 4 and
Malicoat Avenue. If Caltrans does not approve the installation of the
signal at the time of the filing of the Final Map, the applicant shall
contribute $100.00 per dwelling unit to a Road Improvement Fee Trust
(Fund No. 819200-0800) designated for the installation of the signal.
8) For projects within the Oakley Area of Benefit the developer shall
contribute $1,726 per single-family unit designated for the Delta
Expressway, which is currently included in the Oakley Area of Benefit
fee, if building permits are issued prior to adoption of a new Delta
Expressway fee ordinance. If the proposed Delta Expressway fee
ordinance is adopted prior to issuance of building permits, the applicant
shall instead be responsible for payment of the adopted fee, or a total
of $4,000 per unit, whichever is the lesser amount.
Prior to filing the final map, applicant shall 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
It 6
12
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 in the Oakley/N. Brentwood AOB
is updated to include these improvements or by payment of $200 per
unit.
SR 160/SR4
Northbound approach off-ramp requires double right turn lanes.
Neroly Road/SR4
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.
E. Access to Adjoining Property:
1) Applicant shall furnish proof to the Public Works Department, Engineer-
ing Services Division, of the acquisition of all necessary rights of way,
rights of entry, permits and/or easements for the construction of
off-site, temporary or permanent, road or drainage improvements.
2) If, after good faith negotiations, the applicant is unable to acquire
necessary rights of way or easements, he/she 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 66462.5 of the Subdivision Map Act at the
sole cost of the applicant.
F. Road Dedications:
Convey to the County, by Offer of Dedication, additional right of way along the
Hill Avenue frontage as required for the planned future width of 56 feet.
G. Street Lights:
Install street lights and annex 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 Department, Engineering Services
Division.
13
H. Landscaping:
1) Permanent landscaping and automatic irrigation facilities shall be
installed within the parkway and median areas, and interim landscaping
features shall be installed 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 plants have been established and
until funds are available through a landscaping district. The plants shall
be maintained for 90 days after installation.
2) Prior to filing the final map, two sets of landscape and irrigation plans
and cost estimates, prepared by a licensed landscape architect, shall be
submitted to the Special District Section of the Public Works Depart-
ment for review and recommendation and forwarded to the Zoning
Administrator for review and approval. Plan submittal shall include plan
review and inspection fees. Types and size of plant and irrigation
materials within the public right of way shall be designed using
standards provided by the Grounds Service Manager of the General
Services Department. 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.
3) Prior to filing the final map, the applicant shall 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 median islands, parkways and other areas ("open space" is
specifically excluded).
1. Bicycle - Pedestrian - Equestrian Facilities:
,
11 #ai+ :. r � atlt t#e: .... l ? �1 :: r ;ri3tific
too :::tfl<t# asearcelha <al .Qt�g)as Raad:: rves : p ::>:A:::St-eet, ncJ Install
sgat t# er # # h roa#, an.:. ath sales �df fihe #lrnGd , . orm:
rsctv �oerty ewers that the barcade vv�il be rervd ari tie f-ftui e
when C3o�gla8 Road as rr1'1p�'�ived.
J. Utilities/Undergrounding:
1} All new utility distribution services shall be installed underground.
2) Underground all existing on-site utility distribution facilities, if any.
14
K. 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.
Compliance with this requirement shall include the installation of a
portion of Line B and all of Line B-1 of the Drainage Area 30B Plan
(Drawing No. D-1 1927). Line B shall be constructed to the subdivision
boundary at Douglas Road as shown on the Drainage Area 30B Plan.
These improvements may be eligible for credit or reimbursement against
the Drainage Area .3013 fee. The developer should contact the Flood
Control District to personally determine the extent of any credit or
reimbursement for which he might be eligible.
2) Request, in the form of a letter from the property owner, the annexation
of the property to Drainage Area 300 for the maintenance and operation
of the drainage area detention basins. The property must be annexed
to D.A. 300 prior to the filing of the final map for the subdivision.
3) Install, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
4) Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and drive-
ways.
L. FLOOD HAZARD AREA:
Verify that all finished floor elevations are above the 100-year flood elevation.
M. Sewer
Prior to filing the final map, obtain funding approval from the Redevelopment
Agency for the construction of the sewer mains on Malicoat Avenue and Hill
Avenue. The sewer work shall include the installation of laterals to the back
of sidewalk on Malicoat Avenue and Hill Avenue. The Redevelopment Agency
will be reimbursed for the cost of installing the sewer main and laterals through
a hook-up fee when the parcels connect to the laterals. If the funding is
approved, the developer shall install the sewer main subject to approval by the
Redevelopment Agency.
The developer shall supply the Redevelopment Agency with an accurate cost
estimate for the sewer work on Malicoat Avenue and Hill Avenue. The
15
Redevelopment Agency will bring the request forward to the Oakley Municipal
Advisory Counsel and the Board for funding approval. The Redevelopment
Agency will prepare an agreement with the Sanitary District, if necessary, to
insure reimbursement at the time of sewer hook-up for each of the parcels on
Malicoat Avenue and Hill Avenue. If OMAC and the Board do not approve
funding for the sewer on either Malicoat Avenue or Hill Avenue, then the
developer shall install the sewers and bear the cost. The County will assist the
developer in obtaining a reimbursement from the Sanitary District from future
hook-up fees. In any event, the developer shall extend the sewer main to the
subdivision boundary at Hill Avenue and Douglas Road, and install the sewer
mains off-site on Malicoat Avenue and Hill Avenue.
ADVISORY NOTE&
ATE:AO�tiS:ORY`:I�If�TE�v..A#3E:ATTi��G�i�t3'��:' HE�fltUC)l.Tf{3f`15( P A#�P#if3V�ti�'(3UT
IwC3Ff<:: f-1.E._:: '€ fiPC1SE .:::tIFbFi11�lIJG::< kE>» PPl,1GN'f... 3F.... ►► i17I£)t�IAL QEflIt�IfN(rE
A. The project lies within the 100-year flood boundary as designated on the Federal
Emergency 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. 90-118) as they pertain to future construction of any
structures on this property.
B. 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)
C. 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.
D. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 30B as adopted by the Board of Supervisors.
16
E. 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.
F. Comply with the requirements of the Health Services Department, Environmental
Health Division.
G. Comply with the requirements of the Oakley Fire Protection District (see attached).
H. Comply with the requirements of the Ironhouse Sanitary District.
I. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
J. This project is subject to the development fees in effect under County Ordinance as
of April 2, 1992, 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 Fee: $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.
AB/ML/df
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PUBLIC WORKS DEPARTMENT • `' '
CONTRA COSTA COUNTY o I; D E C -3 P 1'.': 0 2
DATE: December 8, 1994
TO: Art Beresford, Community Development Department
FROM: J/I tch Avalon, Assistant Public Work Director,Engineering Services
SUBJECT: Subdivision 7689/Malicoat Avenue-Oakley Area
The East County Regional Planning Commission approved the above project on August 1, 1994,
with a requirement for the developer to construct certain offsite improvements and recommended
the Redevelopment Agency participate in the funding of some of the improvements. Since that
time, the developer has worked with the Redevelopment Agency on adopting a budget to fund the
improvements.By memo dated December 5, 1994, (copy attached)the Redevelopment Agency
has indicated the Board approved a budget of$729,000 for certain infrastructure improvements.
The following are modified conditions of approval that reflect participation of the Redevelopment
Agency for the offsite improvements. The Redevelopment Agency should review these conditions
before going to the Board, as it commits them to certain infrastructure improvements. The
following modifications refer to the conditions in the commission packet dated August 1, 1994,
and as revised in my memo dated August 3, 1994 (copy attached)
1. Revise condition 39D.1 as follows:
Construct the extension of Malicoat Avenue as a 36-foot road from State Highway
4 to theuta ' ajtxee site;with curb, four-foot, six
inchsidew « > :;:. ;:;........>.
� �w v..�: rte.� „���pi�,
lege, and necessary pavement wideningalong both
sides of the road,within the existing 50-foot right of way.Malicoat Avenue shall
be reconstructed, if necessary, for the appropriate Traffic Index, subject to the
review and approval of the Public Works Department.
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2. Revise condition 39D.2 as follows:
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Construct Kill Avenue as a 36-foot road
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and transverse drainage, and neves avement widenin k :ewA:•:•
along both sides of the road within the existing 50-foot right of way. Kill Avenue
shall be reconstructed, if necessary, for the appropriate Traffic Index, subject to
the review and approval of the Public Works Department.
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Hill Avenue shall be designed for a design speed of 30 miles per hour. I>y in the
determination of the Public Works Department, adequate sight distance cannot
feasiblybe attained on Hill Avenue,the project access { }•�be moved from
P j ��a-.
Hill Avenue to Douglas Road, which will be improved for a design speed of 30
miles per hour, and the applicant shall revise the tentative map accordingly, subject
to review and approval of the East County Regional Planning Commission.
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3. Revise condition 39.I as follows:
Install a barricade at the west end of Douglas Road and provide deed notification
to those parcels that abut Douglas Road west of"A" Street, and install signage at
the end of the road, on both sides of the barricade, to inform prospective property
owners that the barricade will be removed in the future when Douglas Road is
improved.
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4. Delete condition 39.M regarding the funding of sewer improvements and participation of
the Redevelopment Agency.
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CC: I Kennedy,CDD
F.Bellecci
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