HomeMy WebLinkAboutMINUTES - 03031987 - 2.4 TO BOARD OF SUPERVISORS
FROM Harvey E. Bragdon, Contra
Director of Community Development Costa
DATE . February 17 , 1987 County
SUBJECT: Grant the Appeal of Rural California Housing Corporation on the
denial of applications 2687-RZ, 3038-86 and 6790 by the East
County Regional Planning Commission in the`Oaklev Area.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Grant appeal of . Rezoning 2687-RZ,. Development., Plan 3038-86 and
Subdivision 6790 and the conditions attached hereto as Exhibit A
and by reference incorporated herein.
BACKGROUND
On November 4, 1986 the Board declared. its intent to grant the
appeal of Rural California Housing Corporation from the East
County Regional Planning Commission denial of the subject
applications and directed staff to prepare the appropriate
documents for Board consideration.
Staff has met with County Counsel and the project applicant to
develop amendments to Conditions #17 and #18 . Condition #17
allowed for a financial incentive of $207,115 with an approval of
56 dwelling units. Staff recommends that one half of that amount
provided with the granting of funds through the Community Develop-
ment Block Grant Program and that the remainder of the . financial
incentive be provided by the waiver of fees. The recommended
waivers would be spread proportionately over all of the county
fees.
Condition #18 is revised in response to the concerns of County
Counsel and the project applicant. The 'sections of the C.C. & R.
condition that County Counsel felt would not be enforceable or
that could be challenged legally have been eliminated.
Condition #19 has been added at the recommendation of County
Counsel to assure compliance with .Government Code Section 65816.
CONTINUED ON ATTACHMENT: YES SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO N ATION F BO D COMMITTEE
APPROVE OTHER
SIGNATURE(S): p
ACTION OF BOARD. ON March 3, 1987 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES. ' NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: Community Development Dept. ATTESTED March 3 , 1987
County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
M382i7-83 __Q45M 0-4444 -
CONDITIONS OF APPROVAL FOR 2687-RZ, 3038-86 AND SUBDIVISION 6790:
1. This request is approved for 56 parcels. The following conditions require
compliance prior to filing the Final Map unless otherwise indicated.
2. The applicant shall comply with the Park Dedication Ordinance.
3. Applicant shall submit a revised Final Development Plan for the review and
approval of the Zoning Administrator at least 45 days prior to submittal of
a Final Map. All modifications required by these conditions shall be shown
on the revised plan.
4. Applicant shall submit a landscaping plan from a landscape architect
familiar with Oakley area soils and weather. The plan shall provide for
street trees near the front property lines which will provide at least 80%
street side shading at maturity. . The plan shall include a means of
providing irrigation and protection for young trees and indicate which
orchard trees re healthy and in a location where they could be preserved.
5. Six foot fencing of solid material shall be ' provided around the perimeter
of the property where no fences currently exist and between each set of
units to within no less than 30 feet of the front lot line. No fences over
2 1/2 feet in height shall be allowed within the front 30 feet of any
parcel . Location of proposed and existing fencing shall be included on the
revised Development Plan.
6. Applicant shall notify buyers that landscaping is to be installed in front
yard areas within 60 days of occupancy.
7. Prior to issuance of any grading or building permit, a soil and foundation
report mitigating any potential for earthquake-induced liquefaction shall
be submitted. The report shall be subject to review and approval of the
Planning Geologist and be cited on the Parcel Map. Allow 45 days for
review.
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 a professional archaeologist who is certified by the Society
for California Archeology (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. Comply with drainage, road improvement, traffic and utility requirements as
follows:
A. 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 conditional approval statement.
2.
B. Construct curb, 4-foot 6-inch sidewalk (width measured from curb
face) , necessary longitudinal and transverse drainage, and 40 feet of
pavement on the proposed east-west street. The face of curb shall be
located 8 feet from the widened right of way line.
C. All interior subdivision -streets shall be dedicated to the County and
constructed to County public road standards.
D. Construct curb, 4-foot 6-inch sidewalk (width measured from curb
face) , necessary longitudinal and transverse drainage, and 36 feet of
pavement on Salgado Avenue. The face of curb shall be located 10 feet
from the widened right of way line.
E. Install . street lights on Salgado Avenue and the proposed east-west
road through this development.. The final number and location of the
lights' shall be determined by the County Traffic Engineer.
F. The curb returns at the entrances to the cul-de-sacs from the proposed
east-west road shall be increased to 20-foot radii with 30-foot right
of way return radii ..
.G. Convey to the County, by Offer of Dedication, 56 feet of right of way
on Salgado Avenue and the proposed east-west road through this
development as required for the planned ,future widths.
H. Relinquish abutter's rights of access along O'Hara Avenue with the
exception of the proposed east-west road access.
I . Relinquish abutter's rights of access along all curb returns within
the subdivision.
J. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the East/Central County Travel Corridor Area of Benefit as adopted
by the Board of Supervisors.
K. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
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 improvements.
M. Comply with the drainage fee requirements for Drainage Area 29D as
adopted by the Board of Supervisors based on the multiple family
residential fee schedules for C & D units and single family fee
schedules for A, B & E units.
3
N. Submit a revised development/study ,plan which shows the revised
driveways and additional off-street parking subject to the review and
approval of the Zoning Administrator. The driveways shall be
realigned to maximize on-street parking where feasible on Salgado
Avenue and on the proposed east-west street.
0. Prior to issuance of building permits, file the Final Map for
Subdivision 6790.
10. Applicant shall ' submit a revised Final Development Plan prior to filing the
Final Map. The plan shall be subject to the review and approval of the
Zoning Administrator and shall reflect the following revisions:
a) The units on the west side of' Salgado : shall be single family sites
with minimum 53 foot widths. The most southerly lot shall be 58 feet
in width.
b) All D style units shall be placed on adjoining lots such that the
garages are adjacent to each other.
c) Applicant shall attempt to obtain financing which will allow for at
least 15 dwelling units with two car garages. These units shall be
interspersed evenly throughout the site. The D units can be taken
into consideration and considered as two car garages when determining
the spacing of the actual two car garage units.
11. Rural California Housing Corporation shall agree to participate in any
County program developed regarding annexation to a police district and/or
assessments for police services on the new home owners.
The applicant shall work with the Zoning Administrator and the Sheriff to
define the details of participation.
The assessment shall have a ceiling of $150 per house per year.
12. Prior to the issuance of the first building permits applicant shall provide
notice to adjacent property owners, COR and OMAC of a meeting to review
architectural and landscaping plans. Attendees shall be allowed 10 days to
provide comment to the Zoning Administrator regarding the plans. The plan
shall be subject to the review and approval of the Zoning Administrator.
13. The families chosen to purchase the units shall be selected from persons
who have lived and/or worked within a 15 mile radius of the area
encompassed by the Oakley Area General Plan for the prior 6 months. The
area of eligibility shall include the adjacent cities or communities of
Antioch, Brentwood, Bethel Island, Knightsen, ; and Byron.
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4.
14. Applicant shall submit a copy of the proposed CC & R's to the Zoning
Administrator for review and approval prior to filing the Final Map. Prior
to submittal to the Zoning Administrator applicant shall provide a copy of
the CC & R's to Concerned Oakley .Residents (COR) and other community groups
for their review and comments.
15. Final siting of specific units shall be determined at the time of building
permit issuance. The spacing and location of the D units and the double
garage units shall remain . essentially as indicated on the Revised Final
Development Plan approved by the Zoning Administrator. The remaining
single story units may be allowed to shift as needed with Zoning
Administrator review.and approval.
16. The number of units approved shall be the maximum units allowed by this
plan. Applicant may reduce units to a minimum of 54 with the revised Final
Devoelopment Plan subject to Zoning Administrator approval .
17. Applicant shall be granted financial incentives in return for providing
housing affordable to lower income households.. It is the intent to provide
the financial incentives by an equal amount , of fee waivers and financial
assistance through Community Development Block Grant funds as follows:
Waiver of Fees
Community Development Fee $3,556..
Building Inspection Fees 16,231
Drainage Area Fees 32,846
Public Works Fees 9,645
Area of Benefit - Traffic Fees 35,126
East/Central County Travel Corridor' 6,144
103,558
Financial Assistance through the
Community Development Block
Grant Program.* 103,557
$207,115
*Subject to a review and recommendation from the Housing and Community Develop-.
ment Advisory Committee.
18. This project (2687-RZ, 3038-86 & Sub. 6790) shall be restricted by a
declaration of covenants, conditions and restrictions (CC & R's) receiving
the prior approval of the Community Development Department and the County
Counsel , meeting applicable regulations of the California State Real Estate
Commissioner and providing for a Architectural and Maintenance Committee to
administer and enforce them. The CC & R's shall contain at least the
following provisions:
EWEN a
5.
A. A statement that the entire project and properties shall be subject to
all of the conditions and restrictions contained within the resolu-
tion(s)
esolu-
tions) adopted by the Board of Supervisors which approve the tenta-
tive subdivision map, final development plan and rezoning. Also, a
statement that the project will be subject to all of the conditions
and restrictions contained in any accompanying approved development or
site plans, elevations and landscape plans.
B. A statement that the Association shal;l have the power and duty to
maintain, repair, replace, restore, operate and- manage all (if any)
common areas and facilitate, improvements, equipment and landscaping
in substantial compliance with the aforesaid approvals for the
project.
C. A statement that any new construction, reconstruction or exterior
modification shall conform to the requirements of Contra Costa County.
A statement substantially in the following form: "The County of
Contra Costa (or any city successor in interest) is hereby given
supervisory jurisdiction over the enforcement of the provisions of
this declaration dealing with maintenance, cleanliness, and repair of
any common areas and exterior appearance of the project. In the event
of a breach of any duty pertaining to such maintenance, cleanliness,
repair or exterior appearance, the County of Contra Costa may give
written notice of such breach to the Association, together with a
demand upon the Association to remedy such breach. If the Association
refuses to do so, or fails to take appropriate action within 30 days
of the receipt of such notice, the County of mantra Costa shall have
standing and the right- (but not the obligation) to bring an action in
a court of proper jurisdiction to enforce the provisions of this
declaration. Should the County prevail in any such litigation, the
Association shall be liable for and pay to the County its costs
(including attorneys' fees and all other involved County staff time) .
Nothing contained herein shall limit any other right or remedy which
the County may exercise by virtue of authority contained in ordinance
or state law.
A statement in the CC & R's providing authority for Association to
collect the costs from the owners of property within said project of
any required maintenance, enforcement of the CC & R's or to reimburse
the County for enforcement.
The applicant shall provide to and deposit with the Architectural and
Maintenance Committee at the time the majority of its governing
directors are elected by resident homeowners the sum of $5,600 which
will be restricted to being used to fund enforcement of these CC & .R's
by said association.
6.
19. In consideration of the grant of a density bonus and other financial
incentives to this project, applicant shall enter into an agreement with
the County (on a form approved by the Director of Community Development and
County Counsel ) , which ensures that the project complies with Sections
65915 and 65916 of the Government Code. Before sale of any lot, applicant
shall enter into an agreement with the buyer (on a form approved by the
Director of Community Development and County Counsel ) , which ensures that
the buyer will comply with the above sections.
The following statements are not conditions of approval . However, you should be
aware of them prior to requesting building ;permits on the parcels of
subdivision.
A. Building Inspection Department: ,
1. A grading permit will be required for the earthwork necessary to
develop all parcels in the above minor subdivisions.
2. Submit four (4) copies of plans showing the existing contours, the
extent of the proposed grading, drainage improvements and general site
development.
3. Plans accompanying the application for building permits shall show the
existing contours, the extent of the proposed grading and drainage
improvements, and be reviewed by the Grading Section prior to issu-
ance.
4. Prior to .issuance of building and/or grading permits in above minor
subdivision, a preliminary soil investigation report prepared by a
licensed soil engineer will be required. It shall report on the
ability of the site to support the improvements anticipated, and shall
include recommended foundation designs to achieve maximum stability of
the proposed structures.
5. Typical cross-sections of the proposed access road improvements shall
be shown on the above plans.
B. Oakley Fire District:
1. The developer shall provide an adequate -and reliable water supply for
fire protection with a minimum fire flow of 2000 GPM. (Fire flow
requirements may be reduced for use on non-combustible roof
coverings. ) Required fire flow shall be delivered from not more than
two (2) hydrants flowing simultaneously while maintaining 20 pounds
residual pressure in the main.
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7.
2. The developer shall provide four (4) hydrants of the East Bay type,
each incorporating one (1) 4-1/2" and two (2) 2-1/2"
independently-valved outlets. Locate behind the curbline as follows:
a. On Salgado Avenue on the property line between Lot 11 and Lot. 12.
B. On the new street on the curb return of Lot 40.
C. On the new street on the property 1-ine between Lot 52 and Lot 53.
d. On the new street on the property line between Lot 63 and Lot 64.
Cost of the installation to be borne by the developer.
3. The developer shall 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
have a minimum centerline turning radius of 30 feet, and must be
capable of supporting the imposed loads of fire apparatus.
4. Access roads and hydrants shall be installed and in service prior to
combustible construction.
5. The developer shall provide illuminated addresses located on all
buildings in such a manner as to be plainly visible and legible from
the street or road fronting the property.
MF:ed/aa
sub3
8/6/86
12/1/86
2/12/87
3/9/87
D