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HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-1057 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Decision on the } Application of American Development} Corporation (2468-RZ) to Rezone } Land in the West Pittsburg Area } RESOLUTION NO. 81/1057 and Conditional Approval of } Development Plan No. 3011-81, } } -. WHEREAS, the Board on September 8, 1981 closed the hearing and deferred decision to this date on the recommendation of the County Planning Commission with respect to the application of American Development Corporation (2468-RZ) to rezone land in the West Pittsburg area and conditional approval of Development Plan No. 3011-81; and WHEREAS , A. A. Dehaesus, Director of Planning, advised that a Negative Declaration of Environmental Significance was filed for this proposal; and WHEREAS, the Board of Supervisors reviewed and considered the County Planning Commission recommendation together with planning staff analysis, environmental documentation, maps , site plans, and other documents submitted therewith, and WHEREAS , the Board received oral and written testimony on the proposed development and the Board being fully informed about the project; and NOW, THEREFORE, IT IS BY THE BOARD RESOLVED that rezoning application 2468-RZ and Development Plan No. 3011-81 are APPROVED subject to conditions (Exhibit A attached hereto and by reference made a part hereof) and that Ordinance Number 81-72 giving effect to the aforesaid rezoning is INTRODUCED, reading waived and September 29, 1981 is set for adoption of same. IT IS BY THE BOARD FURTHER RESOLVED that in approving the aforesaid applications it makes the following findings . L Approval of this project will require a pro rata share of drainage improvement costs to be paid toward the ultimate construction of drainage improvements in the West Pittsurg area and will significantly contribute to alleviate problems in the area. 2. The Board recognizes that the Sheriff's Department beat areas are currently under review to provide for Sheriff service areas regardless of the area of coverage resulting in equal demand upon officers' time. Regular review and adjustment in Sheriff beat areas, in response to changes in demand for police services, will provide for an equal amount of coverage among all beat areas in the unincorporated area of the County. The construction of this project will not have a significant affect on the provision of police services in the West Pittsburg area due to the on-going review and adjustment of Sheriff beat areas. 3. The variances outlined in exhibit "A"' to allow parking in the setback and sideyard areas, to allow automobile overhang onto landscaped areas, to allow auto back-up areas less than 28 feet, and to allow a carport in a sideyard area affect only a minor portion of the total auto parking spaces, does not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and is consistent with the limitations imposed by the County on other properties in the M-17 Zoning District. Due to special circumstances applicable to the subject property because of its configuration and in consideration of the advantages of increasing landscaping by reducing parking stall pavement area and allowing auto overhang onto landscaped area, and in consideration of the additional landscaping provided between carports and property lines in excess of Ordinance Code minimums, and in considera- tion of the minor nature of the various parking variances. The intent and purpose of the parking ordinance is substantially met in that the project will provide the required number of parking spaces and covered parking spaces in a workable configuratin and in a visually attractive manner. F i /105-) 4. The density variance to allow a total of 72 units at a density of 19 du's per acre is within the density range allowed by the County General Plan and is within the building coverage limits of the M-17 zoning district. Due to special circumstances applicable to the subject property, because of its location with good freeway access and due to a project design which meets the building coverage requirements of the M- 17 zoning district and the density limits of the General Plan, granting of this variance would not constitute a special priviledge inconsistent with limitations on other properties in the vicinity or in the M-17 zoning district. In consideration of the project .siesign features outlined herein the requested density variance substantially = meets t*intent and purpose of the Ordinance Code. S. The developer proposes to construct a recreation center for project tenants as an additional project amenity above and beyond Ordinance Code requirements as provided for in Exhibit A. f. It is understood by the Board that the developer intends to provide social director services to include a day care cooperative and crime prevention instruction. 7, It is understood by the Board that the developer intends to form a tenant's association. g. The Board recognizes that local preference in the occupancy of assisted housing projects is a matter which has created a substantial amount of controversy at the federal, state, and local levels. Local preference is desired by many communities who are providing for assisted housing primarily because of the acknolwedged need within their community. The local planning and review provess highlights and emphasizes the local serving aspects of a project. The primary financing entities of assisted projects-HUD at the federal level and CHFA at the state level, however, have differing constituencies to serve, as well as explicit policies to implement (expanding housing opportunities, spatial deconcentration, etc.). Recognizing that communites will be less receptive to providing assisted housing if no local preference accommodations are made, HUD and CHFA have implemented policies on residential preference. The Willowbrook project in West Pittsburg, being a HUD Section 8 development, is bound by HUD policy which basically states that local preferences are allowed to the extent they are consistent with Affirmative Fair Housing Marketing Plans. The Fair Housing Marketing Plans are developer/owner produced and HUD approved plans for marketing units to minorities. The Fair Housing Marketing Plans require owners to advertise the availability of units to persons living in high minority or poverty areas, and to those expected to reside in the area due to actual or planned employment. {ince the goals included in a Fair Housing Marketing Plan are met (or all steps attempted), the developer is free to rent up the units to others. Local residency preferences could be established at that point. in no case are local residency requirements allowed. The Board recognizes that typically, there is a high proportion of occupants of a new assisted housing development come from the immediate area. This is more apparent in development located in more moderate and middle income communities as opposed to very affluent communities. The effect of local residency preference may be, if the above holds for the Willowbrook development, somewhat academic. However, in order to assure that some commitment is made by the developer to notify local residents of the available units condition # 10 of Exhibit A i included in the project approval. 9. The developer will be required to provide a project social director who will be available and average of 2.5 days per week as required by condition ## 12 of Exhibit A. 10. HR 3982, among other things, established occupancy percentages for love income (below 50% of median) and moderate income (50-80% of median) households in federally assisted developments. The percentages apply on a national basis to various housing programs, and are not intended to apply to each and every project. HUTS was given discretion in implementing the requirements on a national basis. The Act indicates that after October 1, 1981, no more than 5% of the occupants of Section 8 New Construction developments can have moderate incomes between 50% and 80% of the median. A minimum of 95% would be of low income. The Board recognizes that this particular provision is in keeping with the current administration's philosophy of assiting only the "most needy" and that the ultimate effect &r any one project is not determinable at this time due to lack of information as to how HUD intends to implement the requirement, and due to the fact that the Section S program has tended to "concentrate its benefits on (the) low income group," since its inception.* *U.S. General Accounting Office. Evaluation of Alternatives for Financing Low and Moderation Income Rental Housing. Sept., I9 0. 11. It is understood by the Board that the developer will implement a strict selection policy to insure quality tenants and shall take firm and forceful measures to evict problem tenants . 12. It is understood by the Board that the developer' s management and selection policy will aim for a mix of income levels , hopefully favoring tenants in the "working poor" category. 13. It is understood by the Board that the developer will involve the Housing Alliance in the tenant selection process and will strive to achieve the selection guidelines outlined in the American Development Corporation' s letters dated September 4 and September 14, 1981 that have been submitted for public record. 14. It is understood by the Board that the developer intends , to the extent possible, to hire local skilled laborers in the construction of this project. 1981: PASSED by the following vote of the Board on September 15, AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers . NOES: None . ABSENT: None . Ctrt'MFIED COPY T certifc that tt;ia 1, n tall- ir,Ie 9 enrre(A copy sr the 01-19frialde<."•,-�;•. ."e 41" r5 y office. acrd thn� iw r ! !hf, Roard of 3rrn�;v� or, of a �'n.:t;� Cn i;cirnia, or 041 dare t;'o---r I': J hLSSQ Count, Clerk & ex-Oftic';o Clerk of said Bourd of sui)ervison --4 Deputy CWk. cc: American Development Corporation Director of Planning County Assessor C. Lackey C. Perry CO`TITIONS OF VPROl,1L FOR DarELOPAENT PLAN #3011-81 1. The .development shall be as generally shown on plans dated March 5, 1981 by the Planning Department and in accordance with--materials submitted. ?. Provide a revised parking plan showing 137 parking spaces, a minimum of 69 which are to be covered. 3. Setback, parking stall dimensions and unit density variances are granted as requested. 4. Submit complete elevations and examples of building materials and colors for review and approval by the Director of Planning. S. Provide an acoustical analysis for review and approval by the Director of Planning with recommendations for attaining 45 dBA CNEL interior noise levels in all units. Recommendations necessary for attacining the required interior noise levels shall be incorporated into final plans. 6. Submit a landscape, irrigation and fencing plan for review and approval by the Director of Planning. All trees shall be a minimum size of 15 gallons and all shrubs shall be a minimum of 5 gallons, except that fast growing shrubs may be a minimum of 3 gallons. All landscaping shall be installed prior to occupancy. 7. A variance is granted to allow a total of 72 apartment units. 8. Comply with the requirements of the Riverview Fire District as follows: A. Install three fire hydrants along the projects frontage to Bailey Road. The hydrants shall be installed in accordance with Riverview Fire Dis- trict standards. Uniform Fire Code, Section 13.301. B. Install an automatic or manually operated fire alarm system in every apartment house containing more than 15 apartments. The System shall be installed in accordance with Section E-740-19, Part 3, T24, California Administration Code. Title 25 California Administrative Code, Section 26. C. Provide adequate turn-around space for fire apparatus at the end of the two private dirveways providing interior access to buildings, or additional fire protection systems will be required to mitigate lack of access. Un- iform Fire Code, Section 13.208. D. Submit plans and specifications of the proposed development to Riverview Fire District Fire Prevention Bureau for review prior to construction. Uniform Fire Code, Section 13.301 (e) . E. Provide portable fire extinguishers in accordance with NFPA standard No. 10. Uniform Fire Code, Section 13.301. i t t 9. Comply with the requirements of the Public Works Department as fallows A. Submit an alignment for Mary Ann Lane, mutually acceptable to the -property owner to the west, to the County Public Works Department, Land - Development Division, for review. B. Convey to the County, by offer of dedication, a 56 foot right of way for Mary Ann Lane. Dedicate 20-foot radius right of way returns at the Bailey Road intersection. C. Construct curbs, four-foot six-inch sidewalks (width measured from curb face), necessary longitudinal and transverse drainage and a 36 foot pavement width on Mary Ann Lane. The face of curb shall be located ten feet from the widened right of way line . D. Comply with the requirements of Division 1006 (Road Dedication and Setbacks) of the County Ordinance Code. This includes the following: 1. Construction of curb, six-foot six-inch sidewalk (width measured from curb face), necessary longitudinal and transverse drainage and pavement widening on Bailey Road. The face of curb shall be located ten feet from the widened right of way line. 2. Relinquish abutter's rights of access along Bailey Road except for the Mary Ann Lane intersection and the two 20-foot wide driveways shown on the tentative map. 3. Construction of ultimate channelization on Bailey Road at the Mary Ann Lane intersection. E. Install street lights on Mary Ann Lane. The final number and location of the lights will be determined by the Traffic Engineer. F. In accordance with Section 92-2.014 of the County Ordinance Code, this development shall conform to the requirements of Division 914, "Drainage," of the Subdivision Ordinance.' This may be satisfied by one of the following: 1. Collect and convey all storm waters entering or originating within the subject property (without diversion of the watershed) to the nearest adequate man-made drainage facility or natural watercourse. 2. Form an assessment district with other developments in the area to construct the necessary drainage improvements. 3. Contribute a maximum of $700 per unit to a County Drainage Deficiency Fund, The exact amount will be determined by the Public Works Department, Flood Control Division, prior to lssurance of any building permits. G. Furnish proof to Public Works Department, Land Development Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road sewer and drainage improvements. �►�ras7 5 �����. rJ G L����J� -�,� t} H. Submit site grading and drainage plans to the Public Works Department, Land Development Division, for review prier to the issuance of any building permit or the construction of site improvements. L Install all new utility distribution services underground. J. Submit improvement plans prepared by a registered civil engineer to the Public Works Department, Land Development Division, for review, pay the inspection, plan review and applicable lighting fees. These plans shall include any necessary traffic signing and striping plans for review by the County Traffic Engineer. Plans for the County project, "Bailey Road Widening," are available at the Public Works Department for use by the applicant in the preparation of specific improvement plans. The improve- ment plans shall be submitted to the Public Works Department, Land Development Division, prior to the issuance of any building permit. The review of improvement plans and the payment of all fees shall be completed x prior to the clearance of any building for occupancy by the Public Works Department. If occupancy is requested prior to construction of improve- ments, the applicant shall execute a road improvement agreement with Contra Costa County and post the bonds required by the agreement to guarantee completion of the work. K. Obtain an encroachment permit from the Public Works Department, Land Development Division, for construction of driveways or other improvements within the right of way of Bailey Road. L. Construct Sanitary Sewer facilities in conformance with Contra Costa County Sanitation District No.7A Ordinance and Requirements. I M. The main sewers serving the subject property shall become an integral part of the districts collection system and shall be in: 1. Easements or fee title dedicated to the district, or 2. The County road right of way. N. The applicant shall post with Sanitation District No.7A a Maintenance Bond (cash or surety) in the amount of $1,000 prior to acceptance of the sewerage system by the district. O. Provide for maintenance of the portion of this property located south of Mary Ann Lane. 10. To -the extant consistent with the Affirmative Fair Housing Marketing Plan approved by the U. S. Department of Housing and Urb n- Development, the applicant shall take all reasonable - efforts to notify local residents of the availability of the housing units ; and to the extent consistent with the Affirmative Fair Housing Marketing Plan and prudent business practices shall provide preference in the rental of the assisted units to local residents . 11 . A commanity building for project residents shall be provided as shown on plans dated 9-14-81 . 12. A social director shall be provided for the benifit of the project residents for an average of 2.5 days per week minimun for the entire tenth of time that this deveopment operates within the confines of the HUD section 8 program. 13 . Comply with the park dedication ordinance. 14. The developer shall form a tenants association.