HomeMy WebLinkAboutMINUTES - 05221984 - T.8 T
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 22, 1984 , by the following vote:
AYES: Supervisors Powers , Fanden, Schroder , McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Decision on rezoning application 2556-RZ and Preliminary
Development Plan , filed by Bryan and Murphy Associates ,
Inc . , (applicant ) , and Falender Properties (owners) , in
the Pleasant Hill area .
The Board at a public hearing on May 8, 1984 , after
reviewing and considering all materials presented to it during its
consideration of this matter , including the staff report. prepared
for its meeting of May 8, 1984, which included an Environmental
Impact Report for Subdivision #5489, and after hearing from all per-
sons desiring to testify, having closed the public hearing on
rezoning application 2556-RZ , and Preliminary Development Plan ,
filed by Bryan and Murphy Associates Inc . , (applicant ) , and Falender
Properties (owner) , to rezone 39.24 acres from Single Family
Residential District (R-20) to Planned Unit District (P-1 ) and
approval of a Preliminary Development Plan for 57 single family
residential lots in the Pleasant Hill area , and having deferred the
matter to May 22, 1984, for discussion; and
Harvey Bragdon , Assistant Director of Planning, having
advised that since the Board' s last meeting on May 8, 1984 , the
applicant and the homeowners had met , and also stated that he had
met with the applicant and the homeowners this afternoon prior to
the meeting, and that concerns including environmental issues raised
by the respective homeowners in the adjacent area who were repre-
sented by attorney James L . Hazard , had been addressed through a
compromise with the owner , Mr . Fred Falender , in accordance with a
revised drawing presented to the Board for 54 lots , which deleted
lots 2, 3, and 13, from the project and revised road circulation to
eliminate Iroquois Drive as access to the project except for two
lots; and
Mr . Bragdon having also advised that in addition, the spe-
cific design of homes on lots above and/or adjacent to the open
space parcel or visible to the adjacent developed properties on
Iroquois Drive , Mohawk Drive and Grayson Road , including location ,
design and height of homes and fences , are to be subject to review
with the Final Development Plan , and design criteria shall be
established to preserve the privacy of the existing homes , and
include berming and landscaping of the open space parcel , and deve-
lopment rights to the open space parcel are to be granted to the
County; and
Harvey Bragdon having recommended that the project be
approved as modified; and
James L. Hazard, attorney, representing the Ad Hoc
Committee for Reasonable Hillside Development , having appeared and
stated that he was in agreement with the modifications as stated by
Mr . Bragdon; and
Dan Curtain , attorney, representing Falender Properties ,
having appeared and advised that Mr. Falender had agreed to meet
with the homeowners at the next stage of the Final Development Plan
and the Tentative Subdivision Map Applications in advance of the
public hearing process , and also commented that he was in agreement
with the statements for modification which were made by Mr. Bragdon;
and
Supervisor McPeak having stated that she felt one of the
lots should be removed from this project because of environmental
information which was obtained from the original Environmental
Tm,osnt Report . and—commented that she was pleased that. an agreement
had been reached between the developer and the homeowners'; and
Supervisor McPeak having recommended approval of rezoning
application 2556-RZ with the modifications as outlined by
Mr . Bragdon;
Board members having before them the Conditional Negative
Declaration of Environmental Significance and the earlier
Environmental Impact Report prepared for Subdivision #5489 in 1979,
the Board hereby CERTIFIES that the Conditional Negative Declaration
was completed in compliance with CEQA , State and Local guidelines ,
and that the Board has reviewed and considered the information con-
tained in the Initial Study of Environmental Significance , the
earlier Environmental Impact Report , and in the Conditional Negative
Declaration prior to the approval of the proposed project; and based
upon the evidence submitted to it and being fully informed about the
proposed project , the Board DETERMINES that the project is necessary
and desirable and that community need has been demonstrated , and
that the Planned Unit District substantially complies with the
General Plan , and the proposed conditions of approval require ade-
quate standards necessary to satisfy the requirements of the public
health , safety and general welfare , and the uses proposed in the
Planned Unit District are compatible within that district and to
uses authorized in adjacent districts; and
Board members having discussed the matter , IT IS ORDERED
that rezoning application 2556-RZ and Preliminary Development Plan,
filed by Bryan and Murphy Associates , Inc . , (applicant) , and
Falender Properties (owner) , in the Pleasant Hill area is APPROVED
with the modifications as outlined by Mr . Bragdon , subject to the
conditions imposed by the Planning Commission , and modified by the
Board as set forth in Exhibit A , attached hereto and by reference
incorporated herein , and the Board hereby adopts the Planning
Commission' s reasons as set forth in its Resolution No . 22-1984 as
its determinations for this decision; and
In addition makes the following findings:
1 . The Planned Unit District and the Preliminary
Development Plan approved by this Order contain adequate standards
and safeguards , as detailed herein and in the conditions of appro-
val , necessary to satisfy the requirements of the public health,
safety and general welfare , and the approval of the Planned Unit
District and the Preliminary Development Plan is consistent with,
and in the interests of , public health, safety and general welfare .
2. The Conditional Negative Declaration which was posted
constitues a Mitigated Negative Declaration based upon the Initial
Study of Environmental Significance which found that significant
impacts for development of the site were adequately addressed in the
Environmental Impact report prepared for Subdivison #5489 except for
increased traffic and drainage impacts for which the applicant has
agreed to mitigation measures . Changes that are incorporated in the
project would mitigate the traffic and drainage impacts . These
changes are contained in the conditions of approval . With such
mitigation, the project as approved will not have a significant
effect on the environment .
3. The design objectives of Section 84-66. 1402 of the
Contra Costa County Code will be met by the Final Development Plan
which are subject to final review and approval by the County.
4. From the evidence submitted , the Board is satisfied
and finds that:
1 . The applicant intends to start construction within
two and one-half years from effective date of zoning
change and approval of the Preliminary Development
Plan .
2. The proposed development complies with the land use
and density of the Contra Costa County General Plan .
In retaining large prominent hillside areas of the
.citp in nnmmnn neon gnAnpo the Droject oomDlies .with
goals of the Scenic Routes Element , which designate
nearby Taylor Boulevard as scenic thoroughfare .
3. The proposed development will constitute a residential
environment of sustained desirability and stability.
In proposing lots of comparable size to those in the
existing neighborhoods to the north and south , the
proposal is in harmony with the community. The pro-
posed development of smaller lots adjacent to land
in the City of Pleasant Hill provides a transition
in harmony with anticipated development of smaller
lots or attached units on that property.
4. The development of a harmonious , integrated plan
justifies exceptions from the normal application of
the zoning ordinance .
IT IS FURTHER ORDERED that Ordinance number 84-27 giving
effect to the aforesaid rezoning is INTRODUCED , reading waived , and
June 5, 1984, is set for adoption of same .
hereby certify that thh,is a true and corrrct copy nt
an actkn taken and arztemd on th9 mirwies ci the
Board of Supervisors on the date shown. �/
ATTESTED: If'`
J.A. OLSSON, COUNTY CLERIC
.and ex_offiao Clerk of the Board
eput y
Orig Dept: Clerk of the Boc
cc: Director of Planning y�
Public Works Director
County Assessor
County Counsel
Contra Costa County Fire
Protection District
Bryan & Murphy Assoc .
Falender Properties
C �
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CONDITIONS OF APPROVAL I-UK DUKU5 i<ANCH #2556-RZ:
1. This approval is based on the revised Preliminary Development Plan received by the
Planning Department on December 20, 1983 as modified by plans showing revised
grading along Iroquois Way received February 14, 1984, the plans presented to and
approved by the Board of Supervisors on May 22, 1984, and these conditions.
The project is subject to further review when a Final Development Plan is submitted.
Additional requirements, conditions and!or modifications may be specified following
review of the Final Development Plan. The conditions in this approval serve to give
direction to the applicant in the preparation of the Final Development Plan.
2. This approval is for a maximum of 54 lots and four open space parcels. It may be r
that the number of lots will be reduced subject to Final Development Plan review.
3. Open space Parcels A, B and C shall be owned and maintained by a mandatory
homeowners association or other entity acceptable to the County.
4. Open space Parcel D shall be offered to the Pleasant Hill Park and Recreation
District for park purposes. Should the District not wish to accept the offer Parcel D
shall be owned and maintained by the project homeowners association or other entity
acceptable to the County. If a trail easement through Parcel D is desired by the Park
District, an alignment acceptable to the District and to the Planning Director shall
be offered to the District.
5. Development rights for the open space shall be deeded to the County with filing of a
Final Subdivision Map.
6. Plans and elevations for proposed units shall be submitted with the Final Develop-
ment Plan.
7. The Final Development Plan shall indicate placement, grading, yard dimensions,
building envelope, and list of unit types for each lot. Plans may be modified based on
grading, layout and building design and orientation with Final Development Plan
review. The specific design of homes on lots above and/or adjacent to the open space
parcel or visible to the adjacent developed properties on Iroquois Drive, Mohawk
Drive and Grayson Road, including location design, and height of homes and fences,
shall be subject to review with the Final Develpoment Plan. Design criteria shall be
to establish a low profile which preserves the privacy of existing homes, and includes
berming and landscaping of the open space parcel.
8. Large scale plans of typical groups of units indicating driveways, window and door
locations, and possible patio development shall be submitted for the various types of
units. "Worst case" small lot areas should be depicted.
9. The minimum distance between dwelling units shall be 15 feet. The minimum
rearyard shall be 15 feet. Variable setbacks shall be provided with a minimum
setback of 18 feet.
10. Passive design energy conservation principles shall be used in landscaping and building
design and orientation. Solar energy shall be considered for space and/or water
heating.
11. The Final Development Plan and tentative subdivision map shall locate and identify
by species and trunk diameter all trees having a trunk diameter of 6 inches or more,
which are located in areas to be graded or trenched and within 50 feet thereof. Trees
to be removed and trees to be preserved shall be identified.
12. Landscape and irrigation plans shall be submitted with the Final Development Plan.
The plans shall include landscaping of open space areas disturbed by grading; a
landscape berm and landscaping of Parcel B, landscaping of Parcel A, the banks on
Lots 39 through 47 adjacent to the east boundary, within the right of way on the west
side of Iroquois Way, and street trees throughout the project. Drought resistant
native plant material shall be incorporated in the landscaping and grouped informally
in open space areas.
13. Retaining walls shall be crib walls, landscaped to soften their impact.
2556-RZ Page 2
14. Covenants, Conditions & Restrictions, Articles of Incorporation and By-Laws for a
homeowners association shall be submitted with application for approval of a Final
Development Plan. These documents shall provide for establishment, ownership and
maintenance of all project facilities, fire protection for open space areas, and
maintenance of drainage facilities.
15. Designs for optional patio covers and trellises and design criteria for accessory
buildings shall be submitted with the Final Development Plans and included in the C
C & R's for the development.
16. A design for uniform fencing and gates to be installed adjacent to open space areas
shall be submitted with the Final Development Plan. Type of fencing and mainte-
nance shall be incorporated in the C C be R's for the development.
17. Street names are subject to review and approval of the Director of Planning.
18. House numbers shall be illuminated or designed to be clearly visible day or night.
19. All utilities shall be placed underground. The project shall be served by a cable
television underground system. No individual antennae shall be premitted.
20. Grading of the development along Iroquois Way shall be based on the revised plans
received by the Planning Department on February 14, 1984 with grading of the slope
west of Iroquois Way modified to round the 2:1 slope by utilizing IY2 to 1 to 2:1 or less
slopes, top and toe of slope rounded and grading blended with existing contours to
achieve a natural appearance. Benching of the slope is discouraged. Some
modification of grading may be required at Lot 44 through 47 to integrate the grading
of the two plans. This may require a greater differential in the split levels of the lot
pads and shall not increase the slope height at the east boundary. Lot 19 should be
lowered approximately 5 feet to be closer in elevation to the existing home to the
northwest.
21. A slope easement shall be established over the slopes adjacent to the east property
line on Lots 39 through 47 to permit grading to be blended with development of the
property to the east.
22. Subdivision grading, soil and foundation engineering shall follow the recommendations
of the Preliminary Soil Report by Terrasearch, Inc., dated October 20, 1978, except
as noted below. Any revision must be reviewed and approved by the Planning
Department.
23. Graded slopes (cuts and fills, public and private) shall be protected from erosion by
hydromulching, tacked jute netting or equal approved protection before October 15th
of the year graded. Developer shall comply with recommended slope erosion control
(soil report, pages 18-19).
24. Final Development Plan and Tentative Map shall provide a drain line and drainage
easement connecting an inlet in the swale above lots 27 and 28, directly to the storm
drainage system in Iroquois Way. The easement should be at the toe of the slope
between the lots.
25. Grading plans shall show benches where required on cut and fill slopes and all
drainage swales and B-58 ditches proposed. Drainage ditches at the top of slopes,
when required, shall be placed beyond the rounded slope.
26. Slide areas and proposed sub-drains and unstable conditions and type of repair shall be
in accordance with the Soil Engineer's report.
27. If archaeologic materials are uncovered during grading, trenching or other on-site
excavation, earthwork within 30 meters of these materials shall be stopped until a
professional archaeologist who is certified by the Society of 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 measures,
if they are deemed necessary.
28. Sewage disposal shall be provided by the Central Contra Costa Sanitary District.
Each individual living unit shall be served by a separate sewer connection. The
sewers located within the boundaries of this subdivision shall become an integral part
of the Central Contra Costa Sanitary District's sewerage collection system.
REM A
� M.R
2556-RZ Page 3
29. Water supply serving the properties concerned shall be by the East Bay Municipal
jj;;; •;- nictri'_t. Fnr-h indivie4un, living tinit chaJ] he served by a separate water
connection. Such water distribution system located within the boundaries of this
subdivision shall become an integral part of the East Bay Municipal Utility District's
overall water distribution system.
30. An 8-inch public sewer shall be extended to serve each parcel, residential lot, to
providerg avity service. A 10-foot exclusive public sewer easement shall be
established over the alignment of any public main not located within a public road to
provide access for future maintenance.
31. A portion of the existing sanitary sewer which crosses the proposed development and
serves the Oblate Fathers parcel to the west is now proposed to be abandoned.
Alternative service to this parcel shall be provided with appropriate easements and
no loss of service will be permitted during construction. Once alternative service has
been completed, the Central Contra Costa Sanitary District must be requested to
quitclaim the existing sewer easement that is no longer needed and an appropriate
fee must be paid.
32. Comply with the requirements of the Public Works Department as follows:
A. The final development plan and any subdivision application on the
property will require compliance with Titles 9 and 10 of the County
Ordinance Code and the following:
I. All interior subdivision streets shall be dedicated to the County and
constructed to County public road standards, except Iroquois Way may be 28
feet of paving in a 44 foot right of way providing an additional 5 foot
easement is provided along the lot frontages for a public utility easement.
Iroquois Court and Iroquois Place shall be 36 feet of paving in a 46 foot right
of way with sidewalks and a 5 foot easement for utilities on both sides.
2. Convey to the County, by Offer of Dedication, 12 feet of additional
right of way on Grayson Road as required for the planned future
width of 84 feet.
3. Construct Apache Drive access road to a minimum 28-foot interim
pavement width in conformance with County Collector Road Standards.
The alignment of this road shall be constructed to provide a
standard four-way intersection with Grayson Road and Grayson
Lane.
4. Furnish proof to the Public Works Department, Land Development
Division, that legal access to the property is available from
Grayson Road.
5. Prevent storm drainage, originating on the property and conveyed
in a concentrated manner, from draining across sidewalks or on
driveways.
6. Furnish proof to the 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 and drainage improvements.
7. Construct necessary pavement widening on Grayson Road from Taylor
Boulevard to 200 feet west of the intersection with Grayson Lane
to provide left-turn pockets for Grayson Lane and Taylor Boulevard.
Striping for the left-turn pockets and any necessary conforms
to the normal street section shall be provided. Lane width and
shoulder width shall meet the approval of the Public Works Department
and shall be reviewed during the plan review stages.
8. Contribute $15,000 toward the upgrading of the Taylor Boulevard/
Grayson Road intersection traffic signal . This contribution
shall be deposited with the City of Pleasant Hill prior to the
filing of the final subdivision map.
���� oQf A
DENY Q
2556-RZ Page 4
y. verity that Urayson -:reek (West Fork) and the intervening drainage system
is adequate to convey the required design storm (including the storm water
diverted from DZ 16) and construct any improvements to guarantee ade-
quacy.
10. Construct drainage improvement to the Grayson Creek (West Fork) culvert
under Pleasant Hill Road as directed by the City of Pleasant Hill,
OR, at the developer's option,
Contribute $1,180 per dwelling unit for dwelling Units No. 1 through No. 54.
This contribution shall be deposited with the City of Pleasant Hill prior to
the filing of the subdivision final map.
11. Construct not less than $5,000 worth of improvements to Line C of the
Drainage Zone 16 (DZ 16) drainage plan as directed by the Public Works
Department.
OR, at the developer's option,
Contribute $1,180 per dwelling Units No. 52 through No. 54. This contribu-
tion shall be deposited in the DZ 16 fund (Fund #2583) prior to the filing of
the subdivision final map.
The following are not conditions for approval, however, applicant should be aware of the
following requirements of the Contra Costa County Consolidated Fire District:
1. The developer shall provide an adequate and reliable water supply for fire protection
with a minimum fire flow of 2,000 GPM. Required fire flow shall be delivered from
not more than two hydrants flowing simultaneously while maintaining 20 pounds
residual pressure in the main.
2. The developer shall provide an adequate and reliable water supply for fire protection
as set forth in the Uniform Fire Code. Cost of the installation will be borne by the
developer.
Locations of required fire hydrants shall be designated upon submittal of two copies
of a project tentative map or site plan.
Cost of the installation to be borne by the developer.
3. Provide access roadways with all-weather driving surfaces of not less than 20 feet of
unobstructed width, and not less than 13' 6"of vertical clearance, to within 150 feet
of all portions of the exterior walls of every building. Access roads shall not exceed
20% grade, shall have a minimum inside turning radius of 28 feet, and must be
capable of supporting the imposed loads of fire apparatus (15 tons).
DP:ed/plp9sub
12/30/83
2/17/84
6/27/84
7/26/84