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HomeMy WebLinkAboutMINUTES - 06031986 - 2.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 2. 1 Adopted this Order on June 3, 1986 , by the following vote: AYES: Supervisors Fanden, Schrroder, .McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None -------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: Rezoning Application 2639-RZ, Development Plan 3046-85 and appeal of Sandmound Investors from Conditions of Approval on Sub 6610, Bethel Island area. The Board on May 20, 1986 continued to this date decision on rezoning application 2639-RZ, Development Plan 3046-85 and appeal of Sandmound Investors from conditions of approval on Subdivision 6610 , Bethel Island area. Karl Wandry, Assistant Director of Community Development, submitted revised conditions of approval for Development Plan 3046-85 and for Subdivision 6610 in accordance with the instructions of Supervisor Torlakson at the May 20, 1986 hearing, as well as a memorandum with respect to options available to finance the construction of the Cypress Road Extension and improvements to Sandmound Boulevard. Steve Wright of the Community Development Department reviewed the amended conditions and responded to questions from mem- bers of the Board with respect to the amended conditions and to the details of establishing an area of benefit . Supervisor Torlakson suggested certain further modifica- tions, including the cost per unit for financing roads. Board members discussed the various proposed amendments and modifications. IT IS BY THE BOARD ORDERED that 1. Rezoning Application 2639-RZ is APPROVED as recom- mended by the Contra Costa County Planning Commission and the Board hereby adopts the Planning Commission' s reasons as set forth in its resolution 50-1985 as its determinations for this decision. 2 . Development Plan 3046-85 is approved subject to revised conditions attached hereto as Exhibit A. 3• The appeal of Sandmound Investors from conditions of approval of Subdivision 6610 is DENIED and Subdivision 6610 is APPROVED subject to revised conditions attached hereto as Exhibit B, and based upon findings delineated in the Contra Costa County Planning Commission resolution 54-1985. 4. The Director of Community Development is DIRECTED to work to initiate an Area of Benefit for the Sandmound area to finance the construction of the Cypress Road Extension and improve- ments to Sandmound Boulevard, Bethel Island area. IT IS FURTHER ORDERED that Ordinance 86-45 giving effect to the aforesaid rezoning is INTRODUCED, reading waived and June 17 , 1986 is fixed for adoption of same. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Orig. Dept: Clerk of the Board Board of Supe sora on the date shoran. cc: Director of Community Dev. LI County Counsel ATTESTED: � County Administrator PHIL t3A OiELOR, Clerk of the Board Sandmound Investors of Supervisors and County Administrator a By 01 Deputy RECOMMENDED CONDITIONS OF APPROVAL FOR SUBDIVISION 6610 (Revised June 3, 1986 1. This approval is based upon this tentative map submitted with this application, dated received September 16, 1985. 2. The Conditions of Approval of Development Plan permit 3046-85, apply to this subdivision. 3. Covenants, Conditions and Restrictions, Articles of Incorporation and By-Laws for a mandatory homeowners association shall be submitted prior to recording the final map. These documents shall provide for establishment, ownership and maintenance of all project facilites, including common open space and waterway areas, walkways, community docking facilities, fencing, landscape maintenance, etc. 4.. Development rights for the common open space areas shall be deeded to the County with filing of the Final Subdivision Map. 5. The waterway area of Sandmound Slough shall be labeled a separate parcel on the Final Subdivision Map along the easterly boundary, having a width of approximately 150 feet providing for approximately 40 feet depth of water frontage for Lots 1 through 28. Additional water area may be provided for a community boat dock subject to the requirements of Reclamation District No. 799 and subject to review and approval by the Zoning Administrator prior to issuance of a building permit. The waterway parcel along the east boundary shall be offered for dedication to the State Lands Commission with the Final Subdivision Map. 6. Prior to filing the Final Subdivision Map, a detailed geologic and soils investigation report shall be submited for review by the County Geologist, including the potential for ground failure. A careful appraisal shall be made of the possibility of the soil liquefying during an earthquake and the possible consequences of such liquefaction. The drilling of several exploratory borings to a depth of 50+ feet is advisable, subject to review and approval by Reclamation District No. 799 prior to drilling. 7. Perform an engineering analysis by a registered soils engineer on the existing levees fronting this subdivision to determine the integrity of the levees and recommend any necessary improvements. The developer is required to construct the recommended improvements. 8. If archaeologic materials are uncovered during grading, trenching or other on-site excavation, earthwork within 30 meters of these materials shall be stopped until an archaeologist 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 measures, if they are deemed necessary. 9. The soils and geologic report shall evaluate the hydraulic gradient and transmiss- ability between Sandmound Slough and the proposed Lake system. The report shall recommend measures to maintain a stable lake level. MEW a Page 2 10. Implement measures to guarantee a stable lake level and to provide adequate water quality in the Lake system. Maintenance, future improvements and water quality in the Lake system shall be specifically addressed in the covenants, conditions and restrictions (CC & R's). Maintenance shall include limiting the growth or removal of algae and water hyacinths. 11. Approval of the design and construction of any improvements to the levee shall be obtained from the U.S. Army Corps of Engineers, California State Reclamation Board, Reclamation District No. 799, and the California Department of Fish and Game. 12. Annex to Reclamation District No. 799 if the property is not within the district, for maintenance of the levee and drainage facilities and obtain a written approval by the Reclamation District No. 799 for all improvements to the existing drainage facilities. 13. Provide for a levee road easement along the levee crown as required by Reclamation District 799 and provide with the Covenants, Conditions and Restrictions (CC & Rs) access along the levee for the district's personnel and equipment. 14. Submit proposed street names to Community Development Department, Graphics Section, for review and approval a minimum of 30 days prior to filing of final map. 15. Comply with drainage, road improvement, traffic and utility requirements as follows: A. The Ordinance Code requirements for Subdivisions and Development Permits differ which results in differing conditions of approval to produce equivalent overall requirements. The intent of these Conditions of Approval is that, where the Title 10 Ordinance Code requirements under the Development Permit differ from the Title 9 requirements, the applicants Development Permit is directly conditioned to satisfy the Title 9 Ordinance Code requirements and these Conditions of Approval as if it were a subdivision. Where this is not possible, such.as in the case of providing easements on the Subdivision Final Map, then, separate instruments and means must be provided to satisfy .those requirements to the satisfaction of the Public Works Department. B. In accordance with Section 92-2.006 of the County Ordinance Code, this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this condi- tional approval statement. C. The following exceptions to Title 9 are permitted for. this subdivision: 1) Chapter 96-10, "Underground Utilities". 2) Chapter 914-2.006, "Surface Water Flowing from Subdivision", to allow storm water discharge to a drainage facility acceptable to the Public Works Department Engineering Services Division maintained by a Homeowner's Association in accordance with specific covenants, conditions and restric- tions and then to a facility maintained by the local reclamation district instead of to a natural watercourse or to an existing adequate storm Page 3 drainage facility. The applicant shall be required to submit a letter from the reclamation district stating that they shall accept the storm water discharged into their drainage facility. 3) Chapter 914-4.402, "Discharge to Roadside Ditches" in a manner acceptable to the Public Works Department Engineering Services Division. The ditches shall be located within easements outside of the road right of way and maintained by the Homeowner's Association. D. Convey to the County, by Offer of Dedication, 50 feet of right of way for the extension of Sandmound Boulevard from the end of the County maintained portion to the southerly property line of this subdivision. E. Extend Sandmound Boulevard from the end of the County maintained portion to the northerly property line of the subdivision as a 28-foot wide roadway with adequate longitudinal drainage to County arterial standards. F. Construct Sandmound Boulevard through this subdivision as a 36-foot wide arterial road with necessary longitudinal and transverse drainage and pavement. The edges of pavement shall be located 18 feet from the centerline of the street. Two foot rock shoulders shall be required on each side of the road. G. Install street lights on Sandmound Boulevard. The final number and location of the lights will be determined by the County Traffic Engineer. H. Relinquish abutter's rights of access along the west side of Sandmound Boulevard, with the exception of the three access points shown on the site plan. I. Construct River Oak, Sandbar Willow, River Birch and the ramp located at the northerly end of this project as 20-foot roads in 25-foot access easements. Other driveways and access easements serving more than one parcel shall be constructed as 16-foot roads within 25-foot access easements. The above roads, ramp, driveways, and access easement serving more than one parcel shall be constructed to County private road standards. J. Furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available from the County maintained portion of Sandmound Boulevard. K. Submit a metes-and-bounds description and a plat, prepared by a licensed land surveyor or registered civil engineer, for the above-mentioned off-site dedi- cation of road rights of way to the Public Works Department, Engineering Services Division, for review and the preparation of instruments. L. Furnish proof to the Public Works Department, Engineering Services 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 improve- ments. Page 4 M. The applicant shall perform a joint pavement evaluation study with the Public Works Department and shall perform. work necessary to upgrade the road to its present condition. The applicant should consider obtaining construction access through the Cypress Road extension to minimize this work. N. Construct a 35-foot radius cul-de-sac at the southerly terminus of Sandmound Boulevard within a 45-foot radius right of way. 16. Each residential unit shall have lighted house numbers visible at all times. 17. Water supply shall be by a community water system to be operated by Sanitation District #15, subject to approval by the County Health Department. The proposal for installation of a public water system shall be accompanied by complete pians and specifications which have been approved by a registered engineer. Installation of the water system shall not begin until the plans and specifications have been approved by the County Health and Public Works Departments. The water system shall meet all requirements of the Health and Public Works Departments prior to being placed in use. The public water system, upon completion, shall be dedicated in fee simple to Contra Costa County Sanitation District #15. The procedure for District #15's acceptance of the utility shall be as prescribed by the District. 18. Comply with the Contra Costa Sanitation District No. 15 requirements. Sewage disposal serving this subdivision shall be provided by the Contra Costa Coutny Sanitary District #15. 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 Contra Costa County Sanitary District's #15 sewerage collection system. The following statements are not conditions of approval, however, the applicant should be aware of these requirements prior to filing of a final subdivision map or securing building permits. A. Health Department: See attached. B. Oakley Fire Protection District: See attached. BT:vpl9sub 11/4/85 1/14/86 1/21/86 rev.6/2/86gms 7/28/86 CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3046-85: I. This approval is based upon plans dated received by the Community Development Department September 16, 1985, as follows: EXHIBIT N. Site plan and schematic topography, scale 1" - 50' EXHIBIT #2 Schematic landscaping EXHIBIT #3 Building elevations EXHIBIT #4 Tentative subdivision map 6610, scale 1" - 100' 2. This approval is subject to adoption of ordinance for rezoning the property under application 2639-RZ, for a total of not more than 91 residential units consisting of 27 single family residential lots and 64 condominium units. 3. The Conditions of Approval for Subdivision 6610 apply to this Development Plan permit, 3045-85. 4. The guide for development and use provisions shall be the water Recreational District (F-1) for the single family residential lots and Multiple Residential District (M-12) for the area of the condominium units. Any modification of the requirements of these districts shall be by recommendation of the Homeowner's Association to the Zoning Administrator prior to issuance of a building permit. A 50 foot building setback from the centerline of the levee is required. A zero sideyard and rearyard for docking facilities is permitted within the waterway area of Sandmound Slough. 5. Prior to the issuance of building permits, elevations and architectural design of buildings shall be subject to final review and approval by the Zoning Administrator. The roofs and exterior walls of the buildings shall generally be free of such objects as air conditioning equipment, television aerials, etc., or screened from view. A. Compliance with the Federal Flood Insurance Administration regulations for residential development in flood hazard areas will be required. B. Buildings for condominium units shall be combinations of two and three story building heights as indicated on submitted plans. C. All residential units shall have house numbers or unit identification visible at all times which may require illumination. 6. Comply with the landscape and irrigation requirement as follows: A. Prior to issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval by the County Zoning Administrator and the County Public Works Department. A cost estimate or copy of contract for landscaping improvements shall be submitted with the plan. Landscaping 'and irrigation shall be completed prior to occupancy. Page 2 B. Significant landscaping shall be provided to the south and north and west boundaries of the development. All initial landscaping shall be of a size so that a mature appearance will be attained within approximately three years of planting. 7. Comply with drainage, road improvement, traffic and utility requirements as follows: A. The applicant shall contribute $2,638 per unit to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements in the Sandmound and Oakley areas prior to, or at the time of, filing of the Final Map. B. The applicant shall construct the following improvements. The cost of these improvements shall be credited to the applicants Road Improvement Fee Trust and obligation: 1) Improve the intersection of Sandmound Boulevard and Bethel Island Road; 2) Improve the road curvature at 3500 Sandmound Boulevard (1st Curve); 3) Convert the Sandmound Boulevard/Mariner Way intersection into a stop intersection; and 4) Construct a 5-foot wide pedestrian path along Sandmound Boulevard betwe en Mariner Road and the Cypress Road extension. BT:vp1RZ rev. 7/28/86 BT:ed9csub REM A