HomeMy WebLinkAboutMINUTES - 05031988 - T.5 T. 5,
TO: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon Contra
Director of Community Development CJIJJIa
DATE: April 12, 1988 County
SUBJECT: Appeal by the County Public Works Department of a Condition of
Approval of Subdivision 6969 , Bellecci and Associates (Applicants) ,
The South Forty Partnership (Owners) , a major subdivision of 53 lots
proposed for 28 acres on Neroly Road in the Oakley area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Deny the appeal and uphold the decision of East County
Regional Planning Commission.
BACKGROUND/REASONS FOR RECOMMENDATIONS
This appeal by the Public Works Department is solely on Condition
#11. , D. of Condition of Approval for Subdivision 6969. The
condition states in the last sentence, "The applicant would receive
a credit against the Oakley Area of Benefit fees for 15 feet of the
required right of way. " The Public Works Department would
recommend, and appeals to change this condition to: "The applicant
would receive a credit against the Oakley Area of Benefit fees for
7. 5 feet of the required right of way. "
The modified condition of approval would allow the applicant a
reasonable credit equal to half of the difference in required right
of way along the two sides of this portion of Neroly Road. The
applicant is being required to dedicate 40 feet of additional right
of way. along the northeast side of Neroly Road. Only 25 feet of
additional right of way will eventually be required on the
southwest side of Neroly Road.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM]3NDATISW OF OARDOMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON May 3, 1988 APPROVED AS RECOMMENDED OTHER X
Karl Wandry, Community Development Department, presented to the Board of
Supervisors a memo from Michael Walford, Director, Public Works, dated April 28,
1988 (Exhibit A attached) requesting withdrawal of the appeal def trCe,ethe Board
today.
On recommendation. of . Supervisor F�aNhrden, IT IS BY THE BOARD ORDERED that the
withdrawal of the appeal by the Public Works Department on Condition .#11 for
Subdivision 6969 is ACCEPTED.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT 5 ) 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 May 3, 1988
Public Works Dept. PHIL BATCHELOR, CLERK OF
Bellecci & Associates THE BOARD OF SUPERVISORS
The South Forty PartnershipCOUN Y ADMINISTRATOR
BY , DEPUTY
1
a•
-2-
The issue revolves around the dedication of the right of way. The
ultimate right of way is constrained on the west side of the road
by the proximity of the railroad. Thus, the condition, as
approved, allows the applicant to gain reasonable credit for that
unequal distribution against the Oakley Area of Benefit fees.
CONCLUSION
The Community Development Department is recommending denial of the
appeal on the basis that the condition as is treats the applicant
fairly in light of the unequal distribution of right of way
dedication.
KK/SW:plpECII
CONDITIONS OF APPROVAL FOR SUBDIVISION 6969
1. This subdivision application is approved based on information received in
the application process, a proposed site plan as received on August 11,
1987 by the Community Development Department and subject to the conditions
listed below.
2. The total number of units approved shall not exceed 53. For purpose of
zoning administration R-15 standards shall be used for this subdivision.
3. Residential subdivision conditions:
A. Require varied setback standards in all major subdivisions within at
least 30% of all residences setback the minimum required by zoning
plus 7 feet.
B. Design homes in. major subdivisions to provide for side-entry garages
for at least 25% of all residences.
C. Require builders of new residential subdivisions to provide land-
scaping in areas lying between rear and side lot fencing and abutting
arterial streets.
0. Discourage subdivision design which allows direct driveway access onto
arterial streets.
E. Require illuminated house numbers, visible from a public or private
roadway, for all new residential construction.
4. The builder shall submit a landscaping plan for review and approval of the
Zoning Administrator in conformance with the County's Water Conservation
policies and where feasible will include drought restraint native plants.
The plan shall include:
A. Landscaping along all street setbacks and each frontyard.
B. A 6 foot high solid wood and masonry pillar or other suitable material
fence along the east, west, and north property lines. If Phase II of
this project is not built within one year of occupancy, a fence along
the north property line must also be built.
C. A minimum of one 15 gallon street tree for each lot limited to two
species.
D. This landscaping and landscaping plan shall be installed or bonded
prior to occupancy.
E. All landscaping shall be maintained by the builder until occupancy or,
in the case of common areas, until annexation to a Landscaping
Lighting District. The builder shall be required to annex when the
Landscaping-Lighting District is formed.
5. Provision of a Child Care Facility or program is required for the develop-
ment. The program shall be submitted for the review and approval of the
Zoning Administrator prior to the filing of the Final Map.
2.
6. The applicant shall comply with the Park Dedication Ordinance through the
payment of fees.
7. On the provision of police service, the builder agrees to vote their
property into a "special tax area" for police service at an initial level
of $100 per parcel annually. This amount shall be adjusted yearly accord-
ing to the Bay Area CPI . Furthermore, the Board of Supervisors shall
review the assessment amount and adjust it to a higher level as conditions
warrant it. Review shall be made of the initial assessment amount after
budget hearings and after the pending elections of the general community on
the question of additional police services.
8. Prior to the issuance of building permits, the applicant shall submit a
detailed TSM Plan for review and approval by the Zoning Administrator
(unless otherwise required by a TSM Ordinance) . The approved TSM plan
shall be operative prior to final inspection by the Building Inspection
Department.
9. The applicant shall add the following to the deed of each newly created
parcel :
"This document should serve as notification that you have purchased
land in an agricultural area where you may regularly find farm equip-
ment using local roads, farm equipment causing dust, crop dusting and
spraying occurring regularly, noise associated with farm equipment and
aerial crop dusting, and certain animals and flies may exist on
surrounding property. This is, again, notification that this is part
of the agricultural way of life in East Contra Costa County and you
should be fully aware of this at the time of purchase."
10. Submit a preliminary geotechnical report meeting the requirements of the
.Subdivision Ordinance, Section 94-4.402 including design-level conclusions
and recommendations, prior to recording a final map, issuance of Building
Inspection Department permits, or installation of improvements. Grading
plans and improvement plans shall implement report recommendations.
11. 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. The following exception to Title 9 is permitted for this subdivision:
1) Section 914-2.006, "Surface Water Flowing from Subdivision", for
the portions of Phase I of this Subdivision located within Drain-
age Area 29H provided that the applicant:
v
3.
a) Pays the Drainage Area 56 fee in lieu of the Drainage Area
29H fee for that portion of the Subdivision.
C. Provide adequate substantiation to the Public Works Department that
Line D of Drainage Area 56 is adequate to convey the additional
run-off or improve it to provide adequate capacity.
D. Convey to the County, by Offer of Dedication, 40 feet of additional
right of way on Neroly Road as required for the planned future width
of 110 feet. The applicant would receive a credit against the Oakley
Area of Benefit fees for 15 feet of the required right of way.
E. Construct curb, a 5-foot meandering sidewalk located at least 2 feet
from the ultimate curb face, necessary longitudinal and transverse
drainage and 32 feet of pavement widening (width measured from curb
face) on Neroly Road. The face of curb shall be located 10 feet from
the widened right of way line. Conforms and transitions shall be
constructed as necessary.
F. Work with the County Public Works Department to extend the Neroly Road
roadway improvements southerly to increase the radius of the existing
curve.
G. Restrict access along Neroly Road, with the exception of Placer Drive.
H. Relinquish abutter's rights of access along all curb returns within
the subdivision.
I. Construct Silverado Drive as a 28-foot road within a 40-foot right of
way to be widened to a 36-foot road within a 56-foot right of way with
adjacent development.
J. All interior subdivision streets shall be dedicated to the County and
constructed to County public road standards.
K. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the Oakley and the East/Central County Travel Corridor Areas of
Benefits as adopted by the Board of Supervisors.
L. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
M. 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.
N. Comply with the drainage fee requirements for Drainage Area 56 and the
Credit of Reimbursement Policy as adopted by the Board of Supervisors
on June 16, 1987.
4.
0. Install Line D of Drainage Area 56.
P. The developer shall install permanent landscaping and automatic irri-
gation facilities within the parkway areas, and to install interim
landscaping features within the future road areas, if any. All work
should be done in accordance with the guidelines and standards of the
County. Funding of, and maintenance of, the new plantings should be
guaranteed by the developer until 1) the expiration of the plant esta-
blishment period and 2) until funds are available through a landscap-
ing district.
Q. Apply for annexation to AD 1979-3 (LL-2) . No building permits may be
issued until annexation occurs.
R. Prepare a preliminary plan for review and approval by the Community
Development and Public Works Departments prior to beginning work on
the improvement plans. Walls and other noise mitigation within the
right of way should be considered an element of the parkway design and
maintenance.
S. Construct a temporary turnaround at the south end of Gold Run Drive.
T. Perform an acoustical study based on horizon year traffic and ultimate
widening for noise from the roadway and the railroad.
U. Submit a scaled plan for the entire Neroly Road improvements to the
Public Works Department, Road Engineering Division, for review and to
the Community Development Department for review and approval prior to
beginning work on the improvement plans. The plan shall show lane
configuration, alignment and striping.
12. The applicant shall install sewer lines and individual unit connections to
connect to a public sewer service when such service is available. The
system shall be approved by the Oakley Sanitary District.
13. The applicant shall submit Conditions, Codes and Restrictions for review
and approval of the Zoning Administrator.
KK/aa
12/7/87
12/22/87
Revised 2/8/88
SUBIII/6969C.KK
PUBLIC WCEM TEPAinr
CONTRA AKA COUNTY
DATE April 28, 1988
TO: Harvey Bragdon, Director of Ccmimmity Development
Elm: Michael Walford, Director of Public Works
SUBJECT: 6969, Appeal by Public Works
Your are referred to my memo to you, dated February 18, 1988, wherein we
appealed Item D of the conditions of approval.
Subsequently, we have met with the developer and altered the typical section
of Neroly Road. We have mutually agreed that 23.5 ft. of additional RW will
be required from each side of the existing 45 ft. RW. This will result in
an ultimate road section of 72 ft. curb to curb in 92 ft. of RW. This
section is less that the previous 110 ft. parkway section required by the
now invalid Oakley General Plan, but is an increase over the major roads
planned width of 84 ft. The difference will allow for the inclusion of a
landscaped median strip as requested by Karl Wandry.
With this change and agreement, the inequity in pavement widening is
nonexistent; the basis of appeal has disappeared. The developer will
accept the new arrangement without contest.
Therefore, we ask that the appeal, scheduled to be heard at 2:OOpm May 2,
1988 before the Board of Supervisors, be withdrawn, and that you formally
notify the developer.
JMW/tld
cc - M.F. Rubicek
cc - M.M. Shiu
cc - R.V. Faraone
cc - File. 6669
cc - Karl Wandry
cc - Steve Wright
cc - John Everts
cc - Frank P. Bellecci
tld.6969.appeal.1
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