HomeMy WebLinkAboutMINUTES - 12052000 - D7 TO: BOARD OF SUPERVISORS
Contra
FROM: DENNIS M. BARRY, AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR Y��. County
DATE; DECEMBER 5, 2000
SUBJECT: Carol Reif/Reif-Shaffer Architects (Applicant), Crockett Community Foundation
(Owner), County File #RZ993081; #DP993046; #SDO08417: A request to rezone
.321 acres from Retail Business (R-B) and Single Family Residential (R-6) to a
Planned Unit Development (13-1). A request for approval of a Final Development
Plan to establish six (6) Single Family Residential lots with variances to the off-
Street Parking Ordinance, Section 82-16.012 for parking standards and 8 parking
spaces, 14 parking spaces required.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Adopt a motion approving the County Planning Commission recommendation to approve the
project. Adopt a motion to;
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON v gembg;5, 200D APPROVED AS RECOMMENDED _ OTHER
INTRODUCED Ordinance 2000-40, WAITED Reading; and SET December 19, 2000
for Adoption of same.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
XX_UNANIMOUS(ABSENT --_�-} CORRECT COPY OF AN ACTION TAKEN AND
AYES: __NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE HATE SHOWN
Contact: Rase Marie Pletras(925-335-1216) ATTESTED December 5, 2000
PHIL BATCHELOR, CLERK OF THE BOARD OF
cc: County Counsel SU ERVISORS AND COUNTY ADMINISTRATOR
COA
Community Development Department
Department of Public Works BY , DEPUTY
Carol Reif/Reif-Shaffer Architects (Applicant)
Crockett Community Foundation (Owner)
File
December 5, 2000
Board of Supervisors
File#RZ993081,#DP993046, #SD008427
Page 2
A. Approve the recommendation of the County Planning Commission as pertains to an
approximate .321 acre site in the Crockett area as follows:
1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program
prepared on this project as adequate for purposes of compliance with the
California Environmental Quality Act.
2. Approve the rezoning of this site from Retail Business (R-B) and Single Family
Residential (R-6) to Planned Unit District, P-1; and approve a preliminary
development plan to allow single family residential (RZ993081) subject to
conditions based on findings contained in Planning Commission Resolution No.
20-2000, waive reading and set date for adoption.
3. Approve the final development plan allowing up to six (6) single family residential
units (File #DP993046) with one common lot for resident parking based on findings
contained in Planning Commission Resolution No. 20-2000,
4. Adopt the attached findings for reason of approval for the rezoning and preliminary
and final development plans.
B. Direct staff to post a Notice of Determination with the County Clerk.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATION
The project site involves two vacant lots totaling 14,000 square feet at #701 through #707
Loring Avenue in the Crockett area. The vacant property is the former site of 32 units of
single room occupancy housing. The .32-acre site is steeply sloped along Bay Street.
Currently, retaining walls exist from the former development in order to support the
sidewalks along Bay and Winslow Streets and to retain the slope and fill.
The site is located in a transitional area with diverse uses within walking distance from the
site, such as schools, churches, banks, a library, Rithey Park, Alexander Park, a museum
and public transportation. Other uses contiguous to the subject site include both single and
multiple housing with a local convenience store to the west of the property.
Due to the transitional location of the site, appropriate development of the site has been a
longstanding concern within the Crockett community.
In 1996, the Crockett Community Foundation (CCF) purchased the property and dilapidated
structures were abated.
December 5, 2000
Board of Supervisors
File#RZ993081, #DP993046, #SD008427
Page 3
GENERAL PLAN DESCRIPTION
The project is consistent with the General Plan designation of Multiple-Family Residential
Low Density (ML) in terms of uses. However, the proposed project of six units does not
meet the General Plan's density requirements of 7.3 to 11.9 units per net acre. The
maximum units within the required range would be 4 units. However because the project
would provide affordable housing, a density bonus of two units is included. With this
density bonus, the project is consistent with the General Plan.
PROPOSED PROJECT
The applicant is proposing a six-unit townhouse development on individually owned lots. In
accordance with East Bay Habitat for Humanity's (EBHFH) typical program, the units would
be sold at cost to low-income families, screened and selected for this particular site. The
owners will participate in construction of their homes as part of their agreement with East
Bay Habitat for Humanity.
SUBDIVISION REVIEW
Concurrent and consistent with the review of the other applications, the Commission also
approved a subdivision application (Subdivision 8417) for the project with conditions. The
ordinance authorizes the Commission to approve subdivision applications contingent on the
Board's approval of the proposed P-1 Rezoning (RZ993081) and Final Development Plan
(DP993046).
DISCUSSION
The highest and best use of this property is the development of affordable housing. This
project helps the County with affordable housing needs, especially at a time when
affordable housing is extremely deficient. The overriding need for affordable housing plus
the fact that the applicant is providing 8 total parking spaces, one of which is handicap, is
sufficient justification in staff's opinion to authorize the variances for off-street parking
dimensions, setbacks and number of required parking stalls.
RESOLUTION NO. 20-2000
RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA,INCORPORATING FINDINGS AND
RECOMMENDATIONS OF THE REQUESTED CHANGE IN ZONING AND RELATED
APPLICATIONS FOR FINAL DEVELOPMENT PLAN AND TENTATIVE MAP BY
CAROL REIF OF REIF-SHAFFER ARCHITECTS (APPLICANT),CROCKETT
COMMUNITY FOUNDATION(OWNER) (RZ993081 ) IN THE ORDINANCE CODE
SECTION PERTAINING TO THE PRECISE ZONING FOR THE CROCKETT AREA
OF SAID COUNTY.
WHEREAS, a request by Carol Reif of Reif-Shaffer(Applicant), and Crockett
Community Foundation(Owner)to rezone a .321 acre site in the Crockett area from Retail
Business (R-B) and Single Family Residential(R-6)to a Planned Unit Development; a
preliminary and final development plan approval to establish six (6) single family units with a
variance to the Off Street Parking Ordinance, Section 82-16.012 for parking dimensions and 8
parking spaces, 14 required; a tentative map approval to allow the subdivision of.321 acre site
into 6 single family residential lots ; and a variance request to allow P-1 Zoning to be applied on
a parcel smaller than five acres. Applications were received by the Community Development
Department on April 3, 2000(File#RZ993081); and
WHEREAS, for purposes of compliance with the provisions of the California
Environmental Quality Act and the State and County CEQA Guidelines, a Mitigated Negative
Declaration was prepared, posted and circulated for review and comments on June 8, 2000 and
the County Planning Commission adopted the Mitigated Negative Declaration and the Mitigation
Monitoring Program at their meeting on July 25, 2000; and
WHEREAS, after notice having been lawfully given, a public hearing was scheduled
before the County Planning Commission on Tuesday July 25, 2000, whereat all persons
interested therein might appear and be heard; and
WHEREAS, on Tuesday, July 25, 2000, the County Planning Commission having fully
reviewed, considered and evaluated all the testimony and evidence submitted in this matter;
NOW, THEREFORE, BE IT RESOLVED,that the County Planning Commission:
1. Adopts the Mitigated Negative Declaration and Mitigation Monitoring Program as
adequate for the purposes of compliance with the California Environmental Quality Act
and;
2. Recommends to the Board of Supervisors to rezone approximately.321 acre site from the
Retail Business District (R-B) and Single Family Residential (R-6)to Planned Unit
Development (P-1) and preliminary development plan approval to allow for a single
family residential use with a variance to allow P-1 Zoning to be applied on a parcel
smaller than five acres.
Page 2
3. Recommends to the Board of Supervisors to approve final development plan with
variance to the Off-Street Parking Ordinance, Section 82-16.012 for parking standards
and 8 parking spaces, 14 spaces required subject to the proposed conditions as
recommended by staff and by the County Planning Commission, and subject to the
Board's approval of the rezoning;
4. Approves tentative map application with conditions to allow the subdivision of.321
parcel into 6 single family residential lots contingent on Rezoning and Final
Development Plan approval; and
BE IT FURTHER RESOLVED that the Commission makes the following
findings with regard to conformance with the applicable general plans policies and
zoning district:
A. RezoningFinding_s
1. Required Finding—The change proposed will substantially comply with the
General Plan.
Project Finding—The project is consistent with the goals and policies of the
General Plan relative to the site, namely that the site has a Multiple-Family
designation which allows for a residential use.
2. Required Finding—The uses authorized or proposed in the land use district are
compatible within the district and to uses authorized in adjacent districts.
Project Finding: The Planned Unit Development zoning district will assist in
making the proposed use and zoning more compatible, and will provide for only
one zoning for the property rather than two.
3. Required Finding—Community need has been demonstrated for the use proposed,
but this does not require demonstration of future financial success.
Project Finding: Community need has been demonstrated for the residential use
based on low availability of low income housing in the area.
B. Growth Manazement Element Performance Standards Findings
1. Traffic: The project will generate less than 100-peak hour trips and does not
trigger a Measure C traffic study.
2. Water: The project is within the boundaries of the EAST BAY MUNICIPAL
UTILITY District. Water service is available for the project.
3. Sanitary Sewer: The project is within the boundaries of the CROCKETT-
VALONA Sanitary District. Sanitary sewer service is available for the project.
Page 3
4. Fire Protection: The subject property is within the CROCKETT CARQUINEZ
Fire Protection District boundaries and the applicant will be required to comply
with the District's requirements.
5. Public Protection: The Growth Management Element standard is 155 square feet
of Sheriff facility station area per 1,000 population. There will be a minimal
impact on public protection in the area since the applicant is proposing only six
single family residential units.
6. Parks rbc Recreation: A park dedication fee of$2000.00 will be collected prior to
issuance of building permits on newly created lots to mitigated impacts on parks
and recreation in the area.
7. Flood Control &Drainage: The project will be required to meet all collect and
convey requirements.
(Ref. The Growth Management Element, Chapter 4, of the General Plan)
C. Planned Emit Development Findings
1. The applicant has agreed to start construction within two and one half years from
effective date of zoning change and plan approval;
2. The proposed planned unit development is consistent with the County
General Plan;
3. The proposed residential development will constitute a residential development
environment of sustained desirability and stability and will be in harmony with
the character of the surrounding neighborhood and community;
4. The proposed residential development is a harmonious, integrated plan, that
justifies exceptions from the normal application of this code.
D. Variance Findings
1. That any variance authorized shall not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and the
respective land use district in which the subject property is located.
See Findings and Conditions of Approval for RZ993081, DP993046 and
SD008417 of staff report.
2. That because of special circumstances applicable to the subject property because
of its size, shape, topography, location or surroundings, the strict application of
the respective zoning regulations is found to deprive the subject property of rights
Page 4
enjoyed by other properties in the vicinity and within the identical land use
district.
See Findings and Conditions ofDP993046 and SDO08417 of staff report
Approval for RZ993081.
3. That any variance authorized shall substantially meet the intent and purpose of the
respective land use district in which the subject property is located. Failure to so
find shall result in a denial. (Ord. 1975; prior code Section 2204.30; Ord. 917.
See Findings and Conditions of Approval for RZ993081,DP993046 and
SD008417 of staff report.
BE IT FURTHER RESOLVED that the Secretary of this Planning Commission will sign
and attest the certified copy of this resolution and deliver the same to the Board of Supervisors,
all in accordance with the Government Code of the State of California.
The instructions by the Planning Commission to prepare this resolution was given by
motion of the County Planning Commission on Tuesday, July 25, 2000,by the following vote:
AYES: Kimber, Battaglia, Wong, Terrell, Clark
NOES: None
ABSENT: Gaddis&Hanecak
ABSTAIN: None
Richard Clark,
Chair of the County Planning Commission
County of Contra Costa, State of California
ATTEST:
;Dennis M. Barry, Secretary
County of Contra Costa
State of California
CONDITIONS OF APPROVAL FOR REZONING - RZ993081; P-l/FINAL
DEVELOPMENT PLAN -DP993046; and Subdivision 008417
ADMINISTRATION
1. This proposal is based upon the exhibits received by the Community Development
Department listed as follows:
A. Exhibit A Tentative Maps received on July 6, 2000 by the Community
Development Department for six (6) lots on the .321-acre parcel.
B. Exhibit B Grading and Drainage Plan for site received on July 6, 2000 by
the Community Development Department.
C. Exhibit C Building Plans and Elevations received on July 6, 2000 by the
Community Development Department.
D. Exhibit D Final Development Plans received on July 6, 2000 by the
Community Development Department.
The approval is also based upon the following reports:
E. Preliminary Geotechnical Investigation prepared by Jensen-Van Lienden
Associates, Inc. and dated received on January 27, 2000 by the Community
Development Department.
F. Geologic Review Services prepared by Darwin Myers Associates and dated
February 29, 2000.
G. Drainage Study prepared by Schell and Martin, Inc. Land Surveying and
Civil Engineering and dated received by the Community Development
Department.
H. Exterior Noise Assessment and Revision prepared by Wilson, Ihrig and
Associates, Inc. dated on May 26, 2000.
I. Archaeological survey prepared by Pacific Legacy, dated May 2, 2000.
Unless otherwise indicated, the following conditions shall be complied with prior
to filing the Final Map.
2. The approval of the Rezoning - RZ99308 land Final Development Plan -
DP993046 shall run concurrently with the time limits of SUB 008417.
3. Guide for minimum yard standards shall be as follows:
Lot 1
Front: 0'setback
Sideyard: 0'east sideyard and 4'6" west sideyard
Rear: 31'8" rear yard setback
Lot 2
Front: 0'setback
Sideyard: 4'east sideyard and 0'west sideyard
Rear: 268" rear yard setback
Lot 3
Front: 0'setback
Sideyard: 0'east sideyard and 4'west sideyard
Rear: 12' 10" rear yard setback
Lot 4
Front: 0'setback
Sideyard: 111611 east sideyard and 0'west sideyard
Rear: 12' 10" rear yard setback
Lot 5
Front: 0'setback
Sideyard: 1116" north sideyard and 0'south sideyard
Rear: 12'9" rear yard setback
Lot 6
Front: 0'setback
Sideyard: 0'north sideyard and 14' 1" south sideyard
Rear: 9'9" rear yard setback
4. A variance is approved to allow a P-1 zoning on a parcel less than 5 acres for
residential use.
3
5. Approval is granted to allow for variance to parking standards, that meet the
requirements of Section 26-2.2006 of the County Zoning Ordinance Code as
follows:
28'driveway width required by zoning ordinance;
20'approved
25'setback required by zoning ordinance;
7'2" approved for Lots 5 and 6
12 resident parking stalls required by zoning ordinance
8 approved
ZONING ADMINISTRATOR REVIEW
6. The proposed buildings shall be similar to that shown on submitted plans dated
July 6, 2000 issuance of a building permit, elevations and architectural design of
the building and building roofing material shall be submitted for final review and
approval by the County Zoning Administrator. The roofs and exterior walls of the
buildings shall be free of such objects as air conditioning or utility equipment,
television aerials, etc., or screened from view. The building shall be finished in
wood or stucco or other materials acceptable to the Zoning Administrator.
7. Prior to the issuance of any building permits, an overall plan for lot development
shall be submitted for review and approval by the Zoning Administrator showing
proposed building setbacks, yard distances and number of stories with one and two
level buildings.
8. Prior to the issuance of any building permit and/or grading permit for work on any
lot, the proposed grading, location and design of the proposed residential building
to be located on that lot shall be first submitted for review and approval by the
Zoning Administrator. Roof shapes, exterior materials and colors that
complement the character of the surrounding terrain shall be utilized. Colors of
roofs and exterior materials shall not be reflective from a distance, but shall be
such as to reduce visibility from the surrounding area. Building height, setbacks
and bulk shall encourage low profile, or stepped-on-grade structures.
9. The overall density shall be between a maximum of 11.9 units per net acre and a
minimum of 7.3 units per net acre per General Plan designation of Multiple
Family-Residential-Low Density, plus the affordable housing density bonus for
two additional units.
4
ARCHAELOGY
10. Should archeological 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 of
Professional Archaeology (SOPA) has had an opportunity to evaluate the
significance of the find and suggest appropriate mitigation(s), if deemed
necessary.
11. 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.
12. In the event of discovery or recognition of any human remains on the site, there
shall be no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent remains until the coroner of Contra Costa
County has been contacted, per Section 7050.5 of the California Health and Safety
Code.
13. In the event of discovery or recognition of any human remains on the site, there
shall be no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent remains until the coroner of Contra Costa
County has been contacted, per Section 7050.5 of the California Health and Safety
Code.
CHILI? CARE
14. The developer shall pay a fee of$400 per lot/unit toward childcare facility needs
in the area as established by the Board of Supervisors.
BUSSTOP
15. A bus stop shall be developed on the site subject to the review and approval of the
local transit agency. The bus stop, if developed, shall consist of a covered bench
or other suitable structure subject to transit agency review and approval, and
Zoning Administrator review and approval. If the local transit agency does not
want a bus stop in this area this requirement can be deleted.
5
NOISE
16. The applicant shall use window and exterior door assemblies with a minimum
sound insulation rating of STC 28 for selected exterior shell elements as indicated
in this report Standard thermal glazing may be used for windows in all other
exterior shell elements unless specified otherwise.
17. The applicant shall use permanently resilient(non-hardening) acoustical sealant
along the bottom of all interior face sheets of the exterior walls (prior to installing
base trim) and around the perimeters of all exterior wall penetrations (door frames,
window frames, vents, pipes, etc.) on both sides of the exterior wall.
18. The applicant shall provide the housing with exterior doors with acoustical seals at
the doorframe and threshold. Fill all hollow metal door thresholds or seals all
edges and ends of thresholds with mastic to prevent noise leaks under the door
thresholds.
19. in order to achieve allowable interior noise levels per the Noise Element of the
County of Contra Costa and Title 24 of the California Uniform Building Code,
windows will need to remain closed at all times for the front habitable areas of
Units 1-4 (the living rooms and mater bedrooms), the southeast bedroom of Unit
4, and the living rooms of Units 5 and 6. Therefore, the project design must
include mechanical ventilation and/or wall-mounted heat pumps to provide a
habitable interior environment in each unit. The ventilation/air condition system
must be selected/designed so as to not compromise the sound insulation properties
of the exterior shell of the structure (STC 26 minimum for wall mounted units).
GEOLOGIC CONDITIONS
20. The grading or building permits shall be accompanied by a letter from the
geotechnical engineer commenting on grading/foundation plans.
21. General knolls on the grading/foundation plans shall indicate that the geotechnical
engineer shall observe grading and foundation work. The observation of the
geotechnical engineer shall be documented in a report that presents the details of
observed features and conditions. Grading and building permits should not be
"finalized" until the required documentation is submitted to the Building
Inspection Department.
22. Applicant shall record a statement to run with deeds to 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.
EROSION CONTROL
23. At least 45 days prior to the issuance of a grading permit, an erosion control plan
shall be submitted for the review and approval of the Grading Section of the
Building Inspection Department. The erosion control plan shall provide for the
following measures:
A. A revegetation plan prepared by professional plant ecologist (not a
landscape architect) shall be submitted as part of the erosion control plan.
The pian shall emphasize use of drought tolerant native species and plants
that are adaptive to conditions in this portion of Crockett. Ideally, the plan
should include a mix of grasses, shrubs and trees. The plan shall provide
for revegetation of all cut and fill slopes unless specifically eliminated by
the Zoning Administrator. Homeowner landscaping may be appropriate on
some cut and fill slopes.
B. If necessary for survival of young plants, the plan may call for the use of a
temporary drip irrigation system (to be abandoned after 2 - 3 summer
seasons). The developer shall bond with the Community Development or
Building Inspection Departments the landscape improvements for a period
of not less than two years.
GRADING
24. Cut and graded slopes shall be periodically inspected during grading of those
slopes by an engineering geologist or soils engineer with periodic progress reports
and a completion report.
LANDSCAPING
25. A landscaping and irrigation plan for all areas shown on the plan shall be submit-
ted for review and approval of the Zoning Administrator at least 30 days prior to
issuance of building permits. A cost estimate shall be submitted with the
landscaping program plan. Landscaping shall conform to the County Water
Conservation Landscape Ordinance 82-26 and shall be installed prior to issuance
of a building permit. The plan shall be prepared by a licensed landscape architect
and shall be certified to be in compliance with the County Water Conservation
Ordinance.
26. California native drought tolerant plant or tree shall be used as much as possible.
All trees shall be a minimum 5 gallon size tree, all shrubs shall be a minimum 1
gallon size shrubs, except as otherwise noted.
7
27. Prior to occupancy, an on-site inspection shall be made of privately awned lands
by a licensed landscape professional to determine compliance with the approved
landscape plan. A certification of completion shall be submitted to the Zoning
Administrator for review and approval.
28. If occupancy is requested prior to the installation of the landscape and irrigation
improvements, then either: (1) a cash deposit; (2) a bond; or (3) a letter of credit,
shall be delivered to the County for 125 percent of the estimated cost of the
uncompleted portion of the landscape and irrigation improvements. If compliance
is not achieved after six months of occupancy as determined by the County Zoning
Administrator, the County shall contract for the completion of the landscaping and
irrigation improvements to be paid for by the held sum. The County shall return
the unused portion within one year of receipt or at the completion of all work. If
occupancy is requested prior to the installation of the landscape and irrigation
improvements, then either: (1) a cash deposit; (2) a bond; or (3) a letter of credit,
shall be delivered to the County for 125 percent of the estimated cost of the
uncompleted portion of the landscape and irrigation improvements. If compliance
is not achieved after six months of occupancy as determined by the County Zoning
Administrator, the County shall contract for the completion of the landscaping and
irrigation improvements to be paid for by the held sum. The County shall return
the unused portion within one year of receipt or at the completion of all work.
29. Prior to the issuance of a building permit, a landscape plan shall be submitted for
review and approval by the Zoning Administrator.
SIGNS/WALLS/LIGHTING
30. All signs shall be subject to the review and approval of the Zoning Administrator.
No other outside displays are permitted.
31. The design, color and location of any project sign at the entrance to the property
shall be reviewed and approved by the Zoning Administrator.
32. The details of the design, location, color and type of materials for masonry wails
shall be submitted for the review and approval of the Zoning Administrator at least
30 days prior to requesting the recording of the Final Map.
33. A sample section and color of the proposed retaining walls shall be submitted.
Retaining walls colors shall be a muted earth-tone color.
34. At least 30 days prior to issuance of building permits, an exterior lighting plan
shall be submitted for review and approval of the Zoning Administrator. The plan
8
shall include details of location and design of outside lighting fixtures, proposed
screening and hours of operation of exterior lights.
35. Exterior lights shall be deflected so that lights shine onto applicant's property and
not toward adjacent properties.
CONSTRUCTION CONDITIONS
36. Contractor and/or developer shall comply with the following construction, noise,
dust and litter control requirements:
A. All construction activities shall be limited to the hours of 7:30 A.M. to 5:00
P.M., Monday through Saturday, a limit of ten Sundays, and shall be
prohibited on state and federal holidays.
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 stop-
9
page. 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 portion 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 weekdays
between the hours of 9:00 AM and 4:00 P.M. and prohibited on Federal and
State holidays.
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.
WATER
37. The applicant shall comply with the Contra Costa County Ordinance pertaining to
water conservation. Compliance with the Water Conservation Ordinance shall be
designed to encourage low-flow water devices and other interior and exterior
water conservation techniques.
HOUSING NUMBER
38. All dwelling units shall have house numbers that are visible from the street, which
may require illumination.
FOR USE IN EBMUD AREAS
39. At least 30 days prior to issuance of a building permit, or establishment of the use
for the site, the applicant shall submit a landscape plan conforming to the County's
Water Conservation policies.
INDEMNIFICATION
40. 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
10
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.
CC & R'S
41. Covenants, Conditions and Restrictions shall be submitted for review with 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 and all other conditions.
The Covenants, Conditions and Restrictions (CC&Rs) developed for this project
shall include the following deed restrictions:
A. No recreational vehicle, boat, boat trailer or mobile home shall be stored on
the site overnight — Exterior materials and colors shall not vary from the
palette approved for the original homes.
B. Except as specified in these conditions and the exhibits described above,
the guide for development shall be the guide for minimum yard standards
set forth in Condition of Approval 3, subject to the Zoning Administrator's
review and approval at the time of issuance of building permits. Any
request made subsequent to the approval of this project for modification of
the standards of the project shall be made by recommendation of the
homeowners association to the Zoning Administrator, prior to issuance of
building permits.
POLICE SERVICE
42. The owner of the property shall participate in the provision of funding to maintain
and augment police services by voting to approve a special tax for the parcels
created by this subdivision approval. The tax shall be the per parcel annual
amount (with appropriate future CPI adjustment) then established at the time of
voting by the Board of Supervisors. The election to provide for the tax shall be
completed prior to the filing of the Final Map. The property owner shall be
responsible for paying the cost of holding the election, payable at the time that the
election is requested by the owner.
AFFORDABLE HOUSING
43. Pursuant to California Government Code Section 65915 (Density Bonus Law), the
County will provide a density bonus to the developer in exchange for the provision
11
of affordable housing on the project site. The maximum density permitted for this
site under current planning designation is four units. In exchange for an increased
density of two units to a total of six units, the developer must ensure that at least
one unit is affordable to and occupied by a very-low income household for a
minimum of 30 years.
A very-low income household is defined as a household whose income does not
exceed the very-low income limits applicable to Contra Costa County adjusted for
household size, as published and periodically updated by the State Department of
Housing and Community Development pursuant to Section 50105 of the
California Health and Safety Code.
A unit will be considered affordable if sold to a very-income household at an
affordable sales price defined as a sales price determined by taking into account
prevailing interests rates, number of bedrooms and therefore assumed household
size, reasonable down payment, and the definition of affordable housing costs
contained in Section 50052.5 of the California Health and Safety Code. The
Affordable Sales Price for Very-low Income Households shall not exceed a price
affordable to households whose income is at or below 60 percent AMI.
In order to ensure provision of the required affordable unit, Developer shall enter
into a Developer Sales Agreement with the County at least 90 days prior to the
filing of a Final Map. The Agreement will require that the affordable unit be deed
restricted with a provision ensuring continued affordability in the event the
original purchaser sells or transfers the unit before the end of the 30-year term. In
addition, the purchaser of the affordable unit must agree to occupy the unit as their
principal place of residence throughout the loan term.
The affordable unit shall be provided within the development placed in a manner
such that the size and quality of the affordable unit reflects the proportions in the
total development. Prior to filing a Final Map, the applicant shall submit to the
Zoning Administrator a plan for review and approval setting forth the proposed
location of the affordable unit.
FEE
44. This application is subject to an initial application fee of $10,803.00, which was
paid with the application submittal, plus time, and material costs if the application
review expenses exceed 120 of the initial fee. Any additional fee due must be paid
12
within 60 days of the permit effective date or prior to use of the permit whichever
occurs first. The fees include costs through permit issuance plus five working
days for file preparation. You may obtain current costs by contacting the project
planner. If you owe additional fees, a bill will be sent to you shortly after permit
issuance.
UNLESS SPECIFICALLY NOTED OTHERWISE, COMPLY WITH THE
FOLLOWING CONDITIONS OF APPROVAL PRIOR TO RECORDATION OF THE
FINAL MAP OR ISSUANCE OF BUILDING PERMITS, WHICHEVER COMES
FIRST:
GENERAL REQUIREMENTS
45. 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 revised Tentative Map dated April 3, 2000.
As this is a redevelopment project and street improvements already exist,
compliance to Title 9 shall be limited to new construction only. Exceptions
for existing street grades, off-site sight distance, pedestrian access for the
existing stairway along Bay Street, etc. shall be allowed unless otherwise
noted herein.
46. 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 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.
47. All first check submittals and accompanying calculations including subdivision
grading plans, improvement plans, hydrology and hydraulic maps, final maps,
right of way and annexation plat maps and legal descriptions shall be in metric
units. Exceptions may be permitted by Public Works based on evidence of
substantial hardship.
13
Roadway Improvements:
48. Applicant shall repair or replace curb, sidewalk, and pavement along the frontage
of all streets as necessary to remove cracked, disjointed paved surfaces and restore
curbs and gutters to conform to County standards.
49. Applicant shall install safety related improvements on all streets (including traffic
signs and striping) as approved by Public Works.
Maintenance of Facilities:
50. Property Owner shall record a Statement of Obligation in the form of a deed
notification or CC&Rs, to inform all future property owners of their legal
obligation to maintain the parking lot and driveway in Parcel A.
Access to Adjoining Property:
Proof of Access
51. Applicant shall furnish necessary rights of way, rights of entry, permits and/or
easements for the construction of off-site, temporary or permanent, public and
private road and drainage improvements.
Site Access
52. Applicant shall only be permitted access at the locations shown on the approved
site/development plan and tentative map. Abutter's rights of access to Loring
Avenue, Winslow Street and both returns at Bay Street shall be relinquished.
Sight Distance:
53. Provide sight distance within the subject property at all intersections and
driveways for a through traffic design speed of 55 km/hr(35 mph±). An
exception to Section 82-18 may be allowed for the proposed house on Lot 4
provided the sight distance requirements contained herein are not compromised.
Pedestrian Facilities:
54. All public pedestrian facilities and access ways shall be designed in accordance with Title
24 (Handicap Access) and the Americans with Disabilities Act. This shall include all
new sidewalks, paths, trails, driveway depressions, as well as pedestrian ramps for the
handicapped. Pedestrian ramps for the handicapped will be required at the Loring
14
Avenue/Bay Street intersection. Installation of a pedestrian ramp for the handicapped
will require either: one handicap ramp at the corner; or, separate handicap ramps leading
to the north and to the east. Exceptions to these requirements shall be allowed for the
existing stairs along Bay Street, the Bay/Winslow Curb return, and the stairs from Lot 6
to 'Winslow Street. The applicant will also be required to provide pedestrian access for
the handicapped from Bay Street, and from a handicapped parking space, to Lot 5 in
accordance with Title 24 and the Americans with Disabilities Act. The applicant shall
also provide one additional handicap parking space on Bay Street near the project access.
ADA standards shall be enforced if they are stricter than these requirements.
Utilities/Undergrounding:
55. All new utility distribution facilities shall be installed underground. Existing
overhead utilities along Winslow Street may remain in-place provided the curb is
relocated in such a manner (i.e. parking bays) as to not create a traffic hazard,
subject to review and approval of Public Works and the Zoning Administrator.
Noise Attenuation:
56. Any noise studies that may be required shall be based on ultimate road widening
and ultimate traffic under the general plan. The applicant shall install any
soundwalls that may be required, outside of the public road right of way.
Drainage Improvements:
Collect and Convey
57. 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
that conveys the storm waters to a natural watercourse.
Exception
58. For the purposes of these entitlements, the "collect and convey" requirements shall
be limited to the drainage facilities upstream of the existing storm drain manhole
at the intersection of Loring Avenue and Rolfe Park Drive.
59. Storm drainage facilities required by Division 914 shall be designed and
constructed in accordance with specifications outlined in Division 914 and in
compliance with design standards of the Public Works Department.
15
Miscellaneous Drainage Requirements:
60. Storm drainage originating on the property and conveyed in a concentrated
manner shall be prevented from draining across the sidewalk(s) and driveway(s).
61. Private on-site storm drain easements shall have a minimum width of 3 meters (10
feet±).
National Pollutant Discharge Elimination System (NPDES) Requirements:
62. The applicant shall be required to comply with all rules, regulations and
procedures of the National Pollutant Discharge Elimination System (NPDES) for
municipal construction and industrial activities promulgated by the California
State Water Resources Control Board, or any of its Regional Water Quality
Control Boards (San Francisco Bay—Region II)
Compliance shall include developing long-term best management practices
(BMPs) for the reduction or elimination of storm water pollutants. The project
design shall incorporate, wherever feasible, the following long term BMPs in
accordance with the Contra Costa Clean Water Program for the site's storm water
drainage.
• Provide educational materials to new homebuyers.
• Stencil advisory warnings on all catch basins.
• Provide options for grass pavers or other semi-pervious paving systems for
walks, drives and patios.
• Slope driveways and weakened plane joints to sheet flow onto planted surfaces
where feasible.
• Prohibit or discourage direct connection of roof and area drains to storm drain
systems or through-curb drains.
• Filtering inlets.
• Trash bins shall be covered to prevent leakage or located within a covered
enclosure.
• Other alternatives, equivalent to the above, as approved by the Public Works
Department.
16
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS 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 AND OTHER LEGAL
REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH
DEVELOPMENT.
A. The applicant/owner should be aware of the expiration dates and renewing require-
ments prior to recording the Final Map.
B. Comply with the requirements of the Crocket —Valona Sanitary District (see
attached). (as follows):
C. Comply with the requirements of the Crockett Carquinez Fire Protection District
(see attached). (as follows):
D. Comply with the requirements of the Health Services Department, Environmental
Health Division.
E. Comply with the requirements of the Building Inspection Department. Building
permits are required prior to the construction of most structures.
F. Comply with the requirements of the Office of the Sheriff.
G. An estimate of the fee charges for each approved lot may be obtained by
contacting the Building Inspection Department at 335-119.2.
H. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS,
RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE
APPROVAL OF THIS PERMIT.
This notice is intended to advise the applicant that pursuant to Government Code
Section 66000, et seq., the applicant has the opportunity to protest fees,
dedications, reservations, and/or exactions required as part of this project
approval. The opportunity to protest is limited to a 90-day period after the project
is approved.
I. 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
17
State Water Resources Control Board, or any of its Regional Water Quality
Control Boards (San Francisco Bay - Region 11).
J. Comply with the Bridge/Thoroughfare Fee Ordinance requirements for the
Hercules/Rodeo/Crockett Area of Benefit, and West Contra Costa Subregional
Transportation Mitigation Fee Area of Benefit as adopted by the Board of
Supervisors. These fees must be paid prior to issuance of building permits. Credit
will be given for prior improvements on this parcel, which have been demolished.
SACurT-P1ng\Staff ReportAdp993046coa.doc