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Home My WebLink AboutMINUTES - 04051988 - T.3 1 - . . � • T. 3 TO: BOARD OF SUPERVISORS FROM: ' Harvey E. Bragdon n,�,.♦ Director of Community Development Cwt ra Costa DATE: February 29, 1988 Courcy SUBJECT: Hearing on appeal of Harbor Bay Homeowner' s Association of Discovery Bay with respect to Development Plan 3064-87 and Subdivision 7024 which were approved by the East County Regional Planning Commission. SPECIFIC REQUEST S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Approve environmental documentation as being adequate. 2. Deny the appeal and uphold the project approvals granted by the East County Regional Planning Commission. BACKGROUND The Development Plan and Subdivision proposals were before the East county Regional Planning Commission on December 14, 1987, January 11, 1988. Testimony was taken and a decision for approval was rendered on February 8, 1988. The proposals were found to be in accordance with the 1980 Discovery Bay Community Plan. 4000e CONTINUED ON ATTACHMENT: YES SIGMA RECOppnmATION OF COUNTY ADMINISTRATOR REcommENDAT M OF JbARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON April 5, 1988 APPROVED AS RECOMMENDED X OTHER x This being the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal of the Harbor Bay Homeowners' Association from the decision of the East County Regional Planning Commission approving with revised conditions the request by New Discovery, Inc. (applicant and owner) for Subdivision 7024 and Final Development Plan 3064-87 in the Discovery Bay area. Jean Mesick, Community Development Department, described the property site and the issues heard at the Planning Commission including a wall constructed along the edge of Marina Drive and the loss of the parking area where six single family homes were proposed to be located and the discussion about the visual impact of the single family residences roof lines on the condominiums. She stated that the staff recommendation was to approve the environmental documentation as being adequate, to deny the appeal and uphold the Planning Commission' s decision for approval of both the final development plan and .the subdivision. Supervisor Torlakson requested clarification from staff as to whether this project included the requirement for the special tax area for police. The public hearing was opened and the following persons appeared to speak in support of the appeal: Clinton Brickley, 5010 Discovery Point, Byron, representing the Harbor Bay Homeowners' Association, appellant, commented on appeal issues including the lack_ of a master plan for the project, and lack of adequate parking area and expressed dissatisfaction with answers that Association had received at the East County Regional Planning Commission hearing on this project. He presented materials to the Board showing the project site. Terry Colby, 5815 Yawl Street, Byron, on the Board of Directors for Harbor Bay, expressed concerns including the parking situation. Roy Hoffman, 5687 Schooner Loop, Byron, commented on issues including parking and traffic. The following person appeared to speak against the appeal: David Lennon, P.O. Box 907, Concord, representing Hofmann Company/New Discovery, applicant, spoke on the map of the project, commenting on the history of the project and various downsizing efforts and addressed the parking issue commenting that they would be required to provide adequate parking when the marina facility is expanded. Clinton Brickley asked in rebuttal where the additional parking would be provided. The public hearing was closed. Supervisor Torlakson requested clarification from staff on the existence of the overall master plan and how the parking issue would be dealt with on any future proposed developments, expansions or implementations of the existing' plan. Karl Wandry, Community Development Department, responded to Supervsior Torlakson' s concerns commenting that the master plan in place since 1984 was adequate as far as the Community Development Department was concerned and in addressing the parking problem, that if parking is not available at a reasonable location, then the marina will not be expanded. Supervisor Torlakson moved denial of the appeal and approval of the project with the additional language that any future development modification of the existing master plan will have parking be adequately provided according to all County standards and no further development of the marina be allowed unless the parking necessary for it is accomplished and thoroughly reviewed at that time. Therefore, IT IS BY THE BOARD ORDERED that recommendations 1 and 2 with additional language (Exhibit A attached) , are APPROVED. Supervisor Torlakson requested that he meet with Community Development staff and a representative of the Hofmann Company to discuss the special tax area for police services. VOTE OF SUPERVISORS X I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT 1 I TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development Dept. ATTESTED April 5, 1988 New Discovery, Inc. PHIL BATCHELOR, CLERK OF , Harbor Bay Homeowners Assn. THE BOARD OF SUPERVISORS Assessor ANCOUNTY ADMINISTRATOR Public Works Building Inspection BY Byron Fire Protection District A DEPUTY KK:plp CONDITIONS OF APPROVAL FOR SUBDIVISION 7024 1. The tentative subdivision is approved for six parcels as depicted on the map submitted with this proposal to the County Community Development Department dated September 4, 1987. 2. Comply with County Park Dedication Ordinance. 3. The applicant shall comply with the conditions set forth in Development Plan 3064-87. 4. Should archaeological 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 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(s) , if deemed necessary. 5. 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. B. Furnish proof to the Public Works Department, Engineering Services Division, that legal access to each lot is available from Marina Road. C. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across driveways. D. Relinquish abutter's rights of access along all curb returns within the subdivision. E. 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 perma- nent, road and drainage improvements. F. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the State Route 4 and the East/Central County Travel Corridor Ar- eas of Benefit as adopted by the Board of Supervisors. G. Prior to issuance of building permits, file the Final Map for Subdivi- sion 7024. 6. The applicant shall comply with the requirements of the Byron Fire Protection District including the provision of water supply and hydrants. 7. The applicant shall demonstrate prior to filing the final parcel map that potable water from a public water supply system is available and that a guaranteed connection to each parcel exists. VON W 2 8. The applicant shall make a good faith effort to meet with property owners along the north side of Marina Drive to resolve the noise reflection associated with the wall located on the south side of Marina Drive. 9. Any further development modification of the existing Discovery Bay Master Plan shall require adequate parking per County Standards. No additional marina development will be allowed unless adequate parking is provided. The following statement is not a condition of approval . However, the applicant should be aware of them prior to requesting building permits on the parcels of this minor subdivision. A. The applicant should be aware that the County Building Inspection Department will require grading plans and a permit prior to the issuance of a building permit. MM/SW/df subIII :sub7024c.mm CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3064-87 1 . The applicant shall comply with the conditions of approval stated in Subdivision 7024. 2. Development shall be as stated in the Final Development Plan which was received by the Community Development Department on September 4, 1987. 3. The single family residences yard and height shall be subject to review and approvalby the Zoning Administrator. The following stipulations shall set the parameters for setbacks and height limitations: A. All single residences shall have a minimum 15' frontayard setback and shall possess vertical rose garaqe door openers. All two story residences shall have frontayard setbacks of at least 20' , and possess verticle rose garage door openers. B. All rearwards shall have a minimum of 15 feet. C. All sideyards shall have a minimum aggregate width of 15' with no particular sideyard being less than 5' . D. Lot size shall not be less than 6,000 square feet. E. The maximum height of any structure shall not exceed 35' . 4. Each residential unit shall have a house number clearly visible to the street day and night. 5. 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. B. Furnish proof to the Public Works Department, Engineering Services Division, that legal access to each lot is available from Marina Road. C. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across driveways. D. Relinquish abutter's rights of access alonq all curb returns within the subdivision. E. 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 perma- nent, road and drainage improvements. �Muu� D �� G;1 L F. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the State Route 4 and the East/Central County Travel Corridor Ar- eas of Benefit as adopted by the Board of Supervisors. G. Prior to issuance of building permits, file the Final Map for Subdivi- sion 7024. 6. If archaeological materials are discovered during grading, trenching or other on-site excavation, earthwork withir. 30 yards or these materials shall be halted until an archaeologist who is certified by the Society of Professional Archaeology (SOPA) or the Society for California Archeology (SCA) has had the opportunity to evaluate any find and suggest appropriate mitigation(s) if deemed necessary. 7. The applicant shall comply with the requirements of the Byron Fire Protection District including the provision of water supply and hydrants. 8. The applicant shall make a good faith effort to meet with property owners along the north side of Marina Drive to resolve the noise reflection associated with the wall located on the south side of Marina Drive. 9. Any further development of the existing Discovery Bay Masterplan shall require adequate parking per County standards. No additional marina development will be allowed unless adequate parking is provided. 10/29/87 1/6/88 DPVII/3064-87C.MM Revised 2/8/88 5/25/88 [MD �� a