Loading...
HomeMy WebLinkAboutMINUTES - 06071988 - T.6 r TP: BOARD OF SUPERVISORS FROM: Harvey E. Bragdon Contra Director of Community Development Costa DATE: May 18, 1988 CoU / SUBJECT: Hearing on Rezoning Application #2765-RZ, Diversified Shopping Centers (Applicant) and Mary and Gregory Cherezian, et al (Owners) , to rezone 9.8 acres of land from located at the southwest corner of the intersection of Empire Avenue and State Highway 4, in the Oakley area from Retail Business (R-B) to Planned Unit District (P-1) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approve the Rezoning Application #2765-RZ, along with Final Development Plan #3070-87 and Subdivision 7045, including conditions of approval as recommended by the East County Regional Planning Commission, Exhibit A attached. 3 . Adopt the East County Regional Planning Commission' s findings as set forth in Resolution No. 28-1988 as the determinations for these actions. 4. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set forth date for adoption of same. CONTINUED ON ATTACHMENT: YES SIGNA 4 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAIVCOMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Dune 7,. APPROVED AS RECOMMENDED X OTHER _ This being the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the above matter, the public hearing was opened and Mr. Peter Sparre, 1425 River Park Drive, Sacramento, representing Diversified Shopping Center (applicant) appeared in support of the project. No one appearing in opposition, the public hearing was closed. On recommendation of Supervisor Torlakson, IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3, and 4 are APPROVED and as in recommendation 4, Ordinance No. 88-46 is INTRODUCED, reading waived and June 21, 1988 is set for the adoption of same. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT IV ) 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 June 7, 1988 Diversified Shopping Centers PHIL BATCHELOR, CLERK OF Mary & Gregory Cherezian et al THE BOARD OF SUPERVISORS Assessor AN COUNTY ADMINISTRATOR Public Works Building Inspection BY I o DEPUTY Oakley Fire Protection District JE:plp `t CONDITIONS OF APPROVAL FOR REZONING 2765-RZ 1. This approval is based upon the exhibits received by the Community Develop- ment Department and listed as follows: A. Exhibit "A" - Final Development Plan for site done by Nadel Archi- tects, Inc. received October 29, 1987 except as modified by condi- tions. B. Exhibit "B" - Typical Elevation Plans dated received October 29, 1987 except as modified by conditions. C. Exhibit "C" - Preliminary landscape plan for site dated received Octo- ber 29, 1987 except as modified by conditions. D. Exhibit "D" - Traffic study done by Fehr and Peer Associates and dated received November 17, 1987. 2. The applicant shall comply with the Conditions of Approval for Development Plan 3070-87 and Subdivision 7045. 3. The proposed buildings shall be similar to that shown on submitted plans. 4. Prior to the issuance of a building permit elevations and architectural design of the building and building roof material shall be submitted for final review and approval by the County Zoning Administrator. The roofs and exterior walls of the building shall be free of such objects as air conditioning or utility meter equipment, television aerials, etc. , or they shall be screened from view. The building shall be .finished in wood, met- al , glass, concrete block, stucco and other materials acceptable to the Zoning Administrator in conformance with elevations shown in Exhibit B. 5. The following changes shall be made to the design of the building: A. A pedestrian plaza area shall be provided at the southeast corner of the retail buildings. The plaza may include: a kiosk, round tree planters with seating, a textured walking surface, shielded, non-glare lighting. 400 to 500 sq.ft may be useable by a restaurant for outdoor dining area with review and approval. of the Zoning Administrator. An alternative proposal may be considerard subject to review and approval of the Zoning Administrator. B. The wall along the south property line shall be a textured masonry or other suitable material as approved by the Zoning Administrator. C. A color and materials board shall be submitted prior to issuance of building permits and shall be subject to review and approval of the Zoning Administrator. D. Final design and location of the free standing buildings shall be ap- proved by the Zoning Administrator prior to issuance of building per- mits. Building and landscape plans shall be submitted at least 30 days prior to anticipated request for a building permit. y t 2 6. Comply with landscaping requirements as follows: A. A Final landscaping and irrigation plan prepared by a certified Land- scape Architect for areas shown on the submitted plot plan shall be submitted for review and approval of the Zoning Administrator at least 30 days prior to issuance of building permits. A cost estimate shall be submitted with the landscaping program plan. Twenty-five (25) per- cent of the net site area excluding the area of the buildings foot- prints shall be landscaped. B. California native species shall be used as much as possible. All trees shall be 15 gallon size, all shrubs shall be 5 gallon size. Trees should be of a drought tolerant type. C. Landscaping shall be installed prior to occupancy of the buildings under construction. D. The planter along State Highway 4 shall be widened to approximately 20 feet. The planter and median islands in Highway 4 shall be landscaped in accordance with the policy set forth by the Oakley landscape plan. Planting along Highway 4 shall be mounded where grade allows. E. There shall be an island planter along the east-west parking lanes. One tree shall be planted a minimum of every seven stalls. These planters shall be planted with a suitable drought tolerant tree that will spread and shade large areas. F. The Zoning Administrator shall review and approve fencing details and location. The south property line shall be fenced with a 6' tall tex- tured masonry fence with a 15 gallon canopy tree planted equivalent to every 15 feet. G. The pad areas shall be landscaped with a mixture of suitable Califor- nia native wild flowers and grass. H. Landscaping shall comply with the Contra Costa County policy on water conservation requirements for new developments. I. The Final landscape plan shall include the total landscape area and the means used to arrive at site area calculations. J. The undeveloped area of site is to be kept clean and in an orderly fashion. K. The pedestrian areas in front of shops 1, 2, 3A and 3B shall include planters with small shrubs and seasonal flowers. 7. 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 Archaeology (SCA) and/or the Society of Professional Archae- ology (SOPA) has had an opportunity to evaluate the significance of the ERE A 3 find and suggest appropriate mitigation measures, if they are deemed neces- sary. 8. The site lighting shall be designed and/or deflected to shine only onto the site. Site lighting details shall be submitted for the Zoning Administra- tor's review and approval at least 30 days prior to requesting building permits. The Employee parking lot and the plaza area shall be given spe- cial attention in the lighting plan. 9. No outdoor storage or sales of materials shall be allowed except for chari- table events and events approved by the center's merchants association sub- ject to review and approval of the Zoning Administrator. The nursery por- tion of the "Drug Store" is allowed. Limited plant materials associated with the nursery may be permitted subject to Zoning Administrator approval . 10. The following signs are approved for this project. Revisions or alterca- tions to these signs are subject to the review and approval of the Zoning Administrator. A. The "Oakley Towne Center" sign as shown on the elevation drawings and the sign plan dated received October 5, 1987 by the Community Develop- ment Department. The "supermarket" and "drug center" signs are. approved. B. Individual business signs as submitted are approved; however the indi- vidual letters shall be a maximum 18" and minimum 12" in height sub- ject to Zoning Administrator approval . C. One sign per storefront exclusively is permitted. A corner store may have 1 sign per frontage. D. The free standing monument sign at the southwest corner of the main entrance to the site is approved as proposed. Sign may not be over 15' tall and the support structure's finish shall match the finish of the main building. E. At least one suitable directional sign of the location of various businesses in the center. 11. Refuse area shall be properly screened from view. Special attention shall be given towards screening the adjacent properties. Refuse containers shall be large enough to contain waste produced on the site. 12. Restaurants shall be allowed not to exceed 17,000 square feet subject to the review and approval of the Zoning Administrator. A parking impact study may be required before the approval of a restaurant if the restaurant exceeds 17,000 sq. ft.. 4 13. At least 30 days prior to issuance of grading or building permits, the ap- plicant shall submit a Parking and Circulation plan subject to the review and approval of the Zoning Administrator. The plan shall : A. Show revised number and location of parking spaces. B. Indicate stop signs at the point where traffic could cross in front of the Main and State Hwy 4 entrances. C. Prove the safety and circulation of the proposed drive through corridors for Pad "A" . D. Parking areas shall be paved and graded to prevent the ponding of wa- ter. 14. At least 30 days prior to issuance of grading or building permits, submit a preliminary soil and foundation report for review and approval of the Plan- ning Geologist. The report shall evaluate the potential for damaging earthquake-induced liquefaction or settlement of structures, roads, utili- ties and other improvements. Improvement, grading and building plans shall implement recommendations of the approved report. 15. If the local transit agency determines that as bus stop is needed, the ap- plicant shall construct said bus stop, bench and shelter during the con- struction of the main building. The location and design of the bus stop shall be acceptable to Cal-Trans, the Public Works. Department, and the transit agency. If a bus stop is constructed, the applicant shall provide a suitable storage area for up to 25 bicycles near the bus stop. 16. Provision of a Child Care Facility or program consistent with the County Ordinance is required for the development. The program shall be submitted for the review and approval of the Zoning Administrator prior to the re- questing of building permits. 17. On the provision of police service, the applicant agrees to vote their property into a "special tax area" for police service at an initial level of $100 per parcel annually. This amount'!;hall be adjusted yearly accord- ing to the Bay Area CPI. Furthermore, the Board of Supervisors shall re'- view 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. 18. Prior to the issuance of building permits the applicants shall submit a detailed TSM Plan for review and approval by the Zoning Administrator (un- less otherwise required by a TSM Ordinance) . The approved TSM plan shall be operative prior to final inspection by the Building Inspection Depart- ment. 5 20. The applicant shall submit revised plans indicating additional architectur- al treatment to the rear elevations subject to the review and approval of the Zoning Administrator. KK/df rz5:2765-rzc.kk 1/15/88 2/3/88 r CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN 3070-87 1. This approval is based upon the exhibits received by the Community Develop- ment Department and listed as follows: A. Exhibit "A" - Final Development Plan for site done by Nadel Archi- tects, Inc. received October 29, 1987 except as modified by condi- tions. B. Exhibit "B" - Typical Elevation Plans dated received October 29, 1987 except as modified by conditions. C. Exhibit "C" - Preliminary landscape plan for site dated received Octo- ber 29, 1987 except as modified by conditions. D. Exhibit "D" - Traffic study done by Fehr and Peer Associates and dated received November 17, 1987. 2. The applicant shall comply with the Conditions of Approval for Rezoning and Preliminary Development Plan 2765-RZ. 3. The proposed buildings shall be similar to that shown on submitted plans. 4. Prior to the issuance of a building permit elevations and architectural design of the building and building roof material shall be submitted for final review and approval by the County Zoning Administrator. The roofs and exterior walls of the building shall be free of such objects as air conditioning or utility meter equipment, television aerials, etc. , or they shall be screened from view. The building shall be finished in wood, met- al , glass, concrete block, stucco and other materials acceptable to the Zoning Administrator in conformance with elevations shown in Exhibit B. 5. The following changes shall be made to the design of the building: A. A pedestrian plaza area shall be provided at the southeast corner of the retail buildings. The plaza may include: a kiosk, round tree planters with seating, a textured walking surface, shielded, non-glare lighting. 400 to 500 sq.ft may be useable by a restaurant for outdoor dining area with review and approval cif the Zoning Administrator. An alternative proposal may be considered subject to review and approval of the Zoning Administrator. B. The wall along the south property line shall be a textured masonry or other suitable material as approved by the Zoning Administrator. C. A color and materials board shall be submitted prior to issuance of building permits and shall be subject to review and approval of the Zoning Administrator. D. Final design and location of the free standing buildings shall be ap- proved by the Zoning Administrator prior to issuance of building per- mits. Building and landscape plans shall be submitted at least 30 days prior to anticipated request for a building permit. • L 6. Comply with landscaping requirements as follows: A. A Final landscaping and irrigation plan prepared by a certified Land- scape Architect for areas shown on the submitted plot plan shall be submitted for review and approval of the Zoning Administrator at least 30 days prior to issuance of building permits. A cost estimate shall be submitted with the landscaping program plan. Twenty-five (25) per- cent of the net site area excluding the area of the buildings foot- prints shall be landscaped. B. California native species shall be used as much as possible. All trees shall be 15 gallon size, all shrubs shall be 5 gallon size. Trees should be of a drought tolerant type. C. Landscaping shall be installed prior to occupancy of the buildings under construction. D. The planter along State Highway 4 shall be widened to approximately 20 feet. The planter and median islands in Highway 4 shall be landscaped in accordance with the policy set forth by the Oakley landscape plan. Planting along Highway 4 shall be mounded where grade allows. E. There shall be an island planter along the east-west parking lanes. One tree shall be planted a minimum of every seven stalls. These planters shall be planted with a suitable drought tolerant tree that will spread and shade large areas. F. The Zoning Administrator shall review and approve fencing details and location. The south property line shall be fenced with a 6' tall tex- tured masonry fence with a 15 gallon canopy tree planted equivalent to every 15 feet. G. The pad areas shall be• landscaped with a mixture of suitable Califor- nia native wild flowers and grass. H. Landscaping shall comply with the Contra Costa County policy on water conservation requirements for new deve„Jopments. I. The Final landscape plan shall include the total landscape area and the means used to arrive at site area calculations. J. The undeveloped area of site is to be kept clean and in an orderly fashion. K. The pedestrian areas in front of shops 1, 2, 3A and 3B shall include planters with small shrubs and seasonal flowers. 7. 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 Archaeology (SCA) and/or the Society of Professional Archae- ology (SOPA) has had an opportunity to evaluate the significance of the �W�� ollll W a . 3 find and suggest appropriate mitigation measures, if they are deemed neces- sary. 8. The site lighting shall be designed and/or deflected to shine only onto the site. Site lighting details shall be submitted for the Zoning Administra- tor's review and approval at least 30 days prior to requesting building permits. The Employee parking lot and the plaza area shall be given spe- cial attention in the lighting plan. 9. No outdoor storage or sales of materials shall be allowed except for chari- table events and events approved by the center's merchants association sub- ject to review and approval of the Zoning Administrator. The nursery por- tion of the "Drug Store" is allowed. Limited plant materials associated with the nursery may be permitted subject to Zoning Administrator approval . 10. The following signs are approved for this project. Revisions or alterca- tions to these signs are subject to the review and approval of the Zoning Administrator. A. The "Oakley Towne Center" sign as shown on the elevation drawings and the sign plan dated received October 5, 1987 by the Community Develop- ment Department. The "supermarket" and "drug center" signs are approved. B. Individual business signs as submitted are approved; however the indi- vidual letters shall be a maximum 18" and minimum 12" in height sub- ject to Zoning Administrator approval . C. One sign per storefront exclusively is permitted. A corner store may have 1 sign per frontage. D. The free standing monument sign at the southwest corner of the main entrance to the site is approved as proposed. Sign may not be over 15' tail and the support structure's finish shall match the finish of the main building. �x E. At least one suitable directional sign of the location of various businesses in the center. 11. Refuse area shall be properly screened from view. Special attention shall be given towards screening the adjacent properties. Refuse containers shall be large enough to contain waste produced on the site. 12. Restaurants shall be allowed not to exceed 17,000 square feet subject to the review and approval of the Zoning Administrator. A parking impact study may be required before the approval of a restaurant if the restaurant exceeds 17,000 sq. ft. EMIT A i 4 13. At least 30 days prior to issuance of grading or building permits, the ,ap- plicant shall submit a Parking and Circulation plan subject to the review and approval of the Zoning Administrator. The plan shall : A. Show revised number and location of parking spaces. B. Indicate stop signs at the point where traffic could cross in front of the Main and State Hwy 4 entrances. C. Prove the safety and circulation of the proposed drive through corridors for Pad "A". D. Parking areas shall be paved and graded to prevent the ponding of wa- ter. 14. At least 30 days prior to issuance of grading or building permits, submit a preliminary soil and foundation report for review and approval of the Plan- ning Geologist. The report shall evaluate the potential for damaging earthquake-induced liquefaction or settlement of structures, roads, utili- ties and other improvements. Improvement, grading and building plans shall implement recommendations of the approved report. 15. If the local transit agency determines that as bus stop is needed, the ap- plicant shall construct said bus stop, bench and shelter during the con- struction of the main building. The location and design of the bus stop shall be acceptable to Cal-Trans, the Public Works Department, and the transit agency. If a bus stop is constructed, the applicant shall provide a suitable storage area for up to 25 bicycles near the bus stop. 16. Provision of a Child Care Facility or program consistent with the County Ordinance is required for the development. The program shall be submitted for the review and approval of the Zoning Administrator prior to the re- questing of building permits. 17. On the provision of police service, the applicant agrees to vote their property into a "special tax area" for pol+ce 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 re- view 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. 18. Prior to the issuance of building permits the applicants shall submit a detailed TSM Plan for review and approval by the Zoning Administrator (un- less otherwise required by a TSM Ordinance) . The approved TSM plan shall be operative prior to final inspection by the Building Inspection Depart- ment. 5 20. The applicant shall submit revised plans indicating additional architectur- al treatment to the rear elevations subject to the review and approval of the Zoning Administrator. 21. Comply with drainage, road improvement, traffic and utility requirements as follows: A. , Prior to issuance of building permits, satisfy all of the conditions for filing of the Final Map for Subdivision 7045 or comply with Title 10 except for vacation of the portion of the State right of way pro- posed to be utilized in this development and acquistion of offsite right of way. The vacation of the State right of way and acquisition of all offsite right of way shall be consumated prior to occupancy. The timing to saitisfy this requirement may be extended beyond occupancy subject to Zoning Administrator approval . B. Prior to occupancy, the State Hwy4-Empire Avenue traffic signal shall be in operation and State Hwy 4 and Empire Avenue road improvements shall be completed to provide adequate access to the shopping center subject to the approval of Cal-Trans, Public Works and Community De- velopment, and boiding of the full improvements through a separate agreement to be executed by the property owner which will require that the property owner(s) construct the ultimate improvements when they are determined to be. needed by the Public Works Department. C. Sewage disposal serving the properties concerned in this application shall be provided by the Oakley Sanitary District. The sewers located within the boundaries of the properties concerned shall become an in- tegral part of the Oakley Sanitary District's sewerage collection sys- tem. D. Water supply serving the properties concerned shall be by the Oakley Water District. Such water distribution system located within the boundaries of the properties concerned in this application shall be- come an integral part of the Oakley Water District's overall water distribution system. E. Prior to the filing of the Final Map the applicant shall show proof of grant of access over the entire parcel by the property owners and cus- tomers of each of the lots (1-8) of the parcel . F. The project (Subdivision 7045, 2765-RZ and 3070-87) shall be restrict- ed by a declaration covenants, conditions and restriction (CC&R' s) receiving the prior approval of the Community Development Department and the County Counsel , meeting applicable regulations of the Califor- nia State Real Estate Commissioner and enforce them. The CC&R's shall contain at least the following provisions: �UtJ� � � tl (�► 6 1. A statement that the entire project and properties shall be sub- ject to all of the conditions and restrictions contained within the resolution(s) adopted by the Board of Supervisors which ap- prove the tentative 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 accompa- nying approved development or site plans, elevations and land- scape plans. 2. A statement that the Association shall 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 approv- als for the project. 3. 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, cleanli- ness, 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 of any common areas and exterior appearance, with County of Contra Costa may give written notice of such 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 Contra Costa shall have standing and the right (but not the obligation) to bring an action in a court of proper ju- risdiction to enforce the provisions of this declaration. Should the County prevail in any litigation, the Association shall . be liable for any pay the County tts costs (including attorney's fees and all other involved County staff time) . Nothing con- tained 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 the Association to collect the costs from the owners of property within said project . of any required maintenance and/or enforcement of the CC&R's. G. Prior to the filing of the Final Map, the applicant shall submit a plan describing the phasing of construction and occupancy of all the lots on the parcel . This plan shall show the construction and occu- pancy of Lots 2 and 3 in Phase One. The Phasing Plan shall be subject to the review and approval of the Zoning Administrator. EMMU, W 7 H. 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. Requirements of the Ordinance include the following: 1) Construct curb, 6-foot meandering sidewalk, necessary longitudi- nal and transverse drainage, pavement widening and a half-width median island (including surface treatment) on State Highway 4 and Empire Avenue. 2) Install street lights on State Highway 4 and Empire Avenue. The final number and location of the lights shall be determined by the County Traffic Engineer. The applicant shall annex this property to County Service Area L-100 for maintenance of street light. 3) Undergrounding of all utility distribution facilities. 4) Conveying all storm waters entering or originating within the subject property to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility. The nearest drainage facility is the Drainage Area 29C detention basin located east of this property. Its adequacy must be veri- fied prior to being allowed to discharge run-off to it. 5) Verifying that all finished floor elevations are above the 100- year flood elevation. 6) Prohibiting the discharging of storm waters to roadside ditches. 7) Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. 8) Submitting improvement pians prepared by a registered civil engi- neer, payment of review and inspection fees, and security for all improvements required by the Ordinance Code or the conditions of approval for this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the County Traffic Engineer. 9) Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. I . An exception is permitted from Section 96-14.002, "Improvement of County Streets", for construction of the ultimate half width raised median and full width median island landscaping and automatic� irriga- tion system on State Highway 4, provided that the applicant places thermoplastic striping for the median islands and provided a bonded road improvement agreement is executed requiring the applicant to: construct the ultimate median islands and to install automatic MEN A 1 8 irrigation facilities and landscaping when they may be allowed. Drainage improvements required due to superelevation of the roadway and future raised medians shall not be deferred except for the median inlets. J. Convey to the County, by Offer of Dedication, additional right of way on State Highway 4 and Empire Avenue as required for the planned fu- ture widths acceptable to the Public Works Department, Road Engineer- ing Division, subject to the review and approval of the Zoning Admin- istrator. The right of way shall include right of way for an addi- tional left-turn lane, a deceleration lane, acceleration tapers and a bus shelter on State Highway 4 and multiple turning lanes on Empire Avenue. Subject to Zoning Administrator approval , a portion of the right of way shall be dedicated to the State of California. K. Restrict access along State Highway 4 and Empire Avenue, except for the access points shown on the applicant' s Tentative Map as modified in these conditions of approval . L. Certain improvements required under these conditions of approval may be eligible for credit or reimbursement against Drainage Area or area of benefit fees in accordance with policies and adopted ordinances. The applicant should discuss credit and reimbursement policies direct- ly with the Public Works Department with regard to this specific project. M. Construct minor traffic signal modifications; off-site tapers and transitions; ultimate drainage improvements; raised landscaped medians with automatic irrigation facilities and channelization; and landscap- ing in the parkway border strips on State Highway 4 and Empire Avenue. If necessary, a leveling course and blanket overlay to correct a grade or cross-slope deficiency on State Highway 4 shall be required. N. Enter into a Deferred Improvement Agreement for or contribute 509 of the cost of the Oakley Road/Empire Avenue traffic signalization facil- ity to the Oakley Area of Benefit. 0. Construct the full width Empire Avenue median island and the full width landscaping and automatic irrigation system. P. Remove and replace the full-width of the Empire Avenue existing pave- ment along the frontage of this property. The applicant shall also construct a 16-foot wide southbound through lane on Empire Avenue ad- jacent to the full-width median island area. The additional lane shall include adequate off-site transitions. Q. Construct the Empire Avenue raised median island to allow left-turns into the shopping center opposite Oakley Road and at the most souther- ly access points. All permanent striping shall be thermoplastic. Temporary or transitional striping shall be paint. Access to the mid- dle driveway on Empire Avenue shall be allowed temporarily, however, 9 it shall be closed off in the future at the discretion of the Public Works Department. R. Realign Oakley Road substantially in conformance with Exhibit A of 2765-RZ in a manner acceptable to the Public Works Department, Road Engineering Division, subject to the review and approval of the Zoning Administrator. The realignment shall include adequate transitions and a 44-foot pavement width. S. Construct the shopping center access road opposite Oakley Road to pri- vate road standards with a 48-foot width and with 30-foot radii curb returns. The access road shall not have intersecting driveways within 80 feet of Oakley Road. T. Submit a sketch alignment plan to the Public Works Department for re- view and to the Zoning Administrator for review and approval showing all public road improvements prior to starting work on the improvement plans. The sketch alignment plan shall be to scale and show proposed and future curb lines, lane striping details and lighting. The sketch plan shall show that adequate sight distance has been provided on the inside of the Empire Avenue curve. The map must be adequate to pro- vide to Caltrans for a State encroachment permit. Additional informa- tion required for the encroachment permit shall be provided by the applicant. U. The applicant shall install permanent landscaping and automatic irri- gation facilities within the parkway and median areas. All work will be done in accordance with the guidelines and standards of the County. Funding of, and maintenance of the new plantings shall be guaranteed by the developer until (1) the expiration of -the plant establishment period and (2) until funds are available through a landscaping dis- trict. V. Submit a preliminary median landscape plan for review and approval by Community Development and Public Works prior to beginning work on the median improvement plans. • W. The applicant shall file a request for annexation to AD 1979-3 (LL-2) and shall maintain landscaping until annexation occurs and final in- spection is cleared. X. Border landscaping and sidewalks shall be placed so they will not re- quire relocation when the additional second left-turn lane is con- structed by widening the southwest side of State Highway 4 in the fu- ture. Landscaping in the area to be reconstructed shall be low growth, ground cover type. A bus shelter shall be installed along State Highway 4 of a design acceptable to Tri-Delta Transit between Empire Avenue and the first shopping center entrance to the east. • 1 10 Y. Pay the Contra. Costa County Public Works Department to modify the cur- rent signalization plans for the State Highway 4-Empire Avenue traffic signal . Z. Dedicate additional right of way, in the form of an easement, to allow the installation and maintenance of signal equipment and loop detec- tors within the entrance roads to the shopping center. AA. Install all new utility distribution services underground. AB. An encroachment permit for construction within the State right of way shall be obtained from Caltrans through the Public Works Department, Engineering Services Division. The applicant shall provide all neces- sary information and pay all fees required by the State. AC. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinances for the Oakley and the East/Central County Travel Corridor Areas of Benefit as adopted by the Board of Supervisors. AD. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. AE. 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. Ar. Submit improvement plans prepared by a registered civil engineer to the Public Works Department, Engineering Services Division, for re- view; pay the inspection, plan review and applicable lighting fees. These plans shall include any necessary traffic signage and striping plans for review by the County Traffic Engineer. The improvement plans shall be submitted to the Public Works Department, Engineering Services Division, prior to the issuance of any building permit. The review of improvement plans and payment of all fees shall be completed prior to the clearance of any building for final inspection by the Public Works Department. If final . inspection is requested prior to construction of improvements, the applicant shall execute a road im- provement agreement with Contra Costa County and post bonds required by the agreement to guarantee completion of the work. AG. Comply with the drainage fee requirements for Drainage Area 29C as adopted by the Board of Supervisors. AH. The applicant shall have the property owner make a formal request in writing to the County for annexation of this project to Drainage Area 290 for the maintenance and operation of the Drainage Area 29 drainage facilities. The subdivision shall be annexed to Drainage Area 290 before issuance of any building permits. 11 AI . Install Line E of Drainage Area 29C from Empire Avenue to the Drainage Area 29C detention basin located southeasterly of this property. AJ. Obtain a Flood Plain permit the Community Development Department and comply with the requirements of the Flood Plain Management Ordinance including Section 5.0, "Provisions for Flood Hazard Reduction", of that Ordinance. Elevate finished floors to above the base flood ele- vation plus freeboard. AK. Fill the low areas on this property to drain. AL. Vacate the State right of way proposed to be utilitzed in this project prior to filing of the Final Map. KK/SW/df RZ6:3070-87c.kk 1/19/88 1/21/88 2/3/88 KK/SW/df rz5:3070-87c.kk 1/19/88 1/21/88 9. CONDITIONS OF APPROVAL FOR SUBDIVISION 7045 1. This subdivision is generally approved as shown on the Tentative Map dated October 2, 1987 as received by the Community Development Department. 2. The applicant shall comply with the Conditions of Approval for 2765-RZ and, DP 3070-87. 3. Sewage disposal serving the properties concerned in this application shall be provided by the Oakley Sanitary District. The sewers located within the boundaries of the properties concerned shall become an integral part of the Oakley Sanitary District's sewerage collection system. 4. Water supply serving the properties concerned shall be by the Oakley Water District. Such water distribution system located within the boundaries of the properties concerned in this application shall become an integral part of the Oakley Water District's overall water distribution system. 5. Prior to the filing of the Final Map the applicant shall show proof of grant of access over the entire parcel by the property owners and customers of each of the lots (1-8) of the parcel . 6. The project (Subdivision 7045, 2765-RZ and 3070-87) shall be restricted by a declaration covenants, conditions and restriction (CC&R' s) receiving the prior approval of the Community Development Department and the County Coun- sel , meeting applicable regulations of the California State Real Estate Commissioner and enforce them. The CC&R's shall contain at least the fol- lowing provisions: 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 shall have the power and duty to maintain, repair, replace, restore, d0 erate 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 mod- ification 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 declara- tion 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 of any common areas and exterior appearance, with County of Contra Costa may give written notice of such breach of any duty pertaining to such maintenance, cleanliness, repair or exterior appearance, the V., �N U2 2 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 Contra 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 litigation, the Association shall be liable for any pay the County its costs (including attorney's 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 the Association to collect the costs from the owners of property within said project of any required maintenance and/or enforcement of the CC&R's. 7. Prior to the filing of the Final Map, the applicant shall submit a plan describing the phasing of construction and occupancy of all the lots on the parcel . This plan shall show the construction and occupancy of Lots 2 and 3 in Phase One. The Phasing Plan shall be subject to the review and ap- proval of the Zoning Administrator. 8. 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. Requirements of the Ordinance include the following: 1) Construct curb, 6-foot meandering sidewalk, necessary longitudi- nal and transverse drainage, pavement widening and a half-width median island (including surface—treatment) on State Highway 4 and Empire Avenue. 2) Install street lights on State Highway 4 and Empire Avenue. The final number and location of the lights shall be determined by the County Traffic Engineer. The applicant shall annex this property to County Service Area L-100 for maintenance of street light. 3) Undergrounding of all utility distribution facilities. 4) Conveying all storm waters entering or originating within the subject property to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility. The nearest drainage facility is the Drainage Area 29C detention MMY W 3 basin located east of this property. Its adequacy must be veri- fied prior to being allowed to discharge run-off to it. 5) Verifying that all finished floor elevations are above the 100 year flood elevation. 6) Prohibiting the discharging of storm waters to roadside ditches. 7) Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. 8) Submitting improvement plans prepared by a registered civil engi- neer, payment of review and inspection fees, and security for all improvements required by the Ordinance Code or the conditions of approval for this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the County Traffic Engineer. 9) Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. B. An exception is permitted from Section 96-14.002, "Improvement of County Streets" , for construction of the ultimate half width raised median and full width median island landscaping and automatic irriga- tion system on State Highway 4, provided that the applicant places thermoplastic striping for the median islands and provided a bonded road improvement agreement is executed requiring the applicant to: construct the ultimate median islands and to install automatic irriga- tion facilities and landscaping when they may be allowed. Drainage improvements required due to superelevation of the roadway and future raised medians shall npt be deferred except for the median inlets. C. Convey to the County, by Offer of Dedication, additional right of way on State Highway 4 and Empire Avenue as required for the planned fu- ture widths acceptable to the Public Works Department, Road Engineer- ing Division, subject to the review artd approval of the Zoning Admin- istrator. The right of way shall include right of way for an addi- tional left-turn lane, a deceleration lane, acceleration tapers and a bus shelter on State Highway 4 and multiple turning lanes on Empire Avenue. Subject to Zoning Administrator approval , a portion of the right of way shall be dedicated to the State of California. D. Restrict access along State Highway 4 and Empire Avenue, except for the access points shown on the applicant' s Tentative Map as modified in these conditions of approval . E. Certain improvements required under these conditions of approval may be eligible for credit or reimbursement against Drainage Area or area of benefit fees in accordance with policies and adopted ordinances. The applicant should discuss credit and reimbursement policies RHMU W 4 directly with the Public Works Department with regard to this specific project. F. Construct minor traffic signal modifications; off-site tapers and transitions; ultimate drainage improvements; raised landscaped medians with automatic irrigation facilities and channelization; and landscap- ing in the parkway border strips on State Highway 4 and Empire Avenue. If necessary, a leveling course and blanket overlay to correct a grade or cross-slope deficiency on State Highway 4 shall be required. G. Enter into a Deferred Improvement Agreement for or contribute 500 of the cost of the Oakley Road/Empire Avenue traffic signalization facil- ity to the Oakley Area of Benefit. H. Construct the full width Empire Avenue median island and the full width landscaping and automatic irrigation system. I. Remove and replace the full-width of the Empire Avenue existing pave- ment along the frontage of this property. The applicant shall also construct a 16-foot wide southbound through lane on Empire Avenue ad- jacent to the full-width median island area. The additional lane shall include adequate off-site transitions. J. Construct the Empire Avenue raised median island to allow left-turns into the shopping center opposite Oakley Road and at the most souther- ly access points. All permanent striping shall be thermoplastic. Temporary or transitional striping shall be paint. Access to the mid- dle driveway on Empire Avenue shall be allowed temporarily, however, it shall be closed off in the future at the discretion of the Public Works Department. K. Realign Oakley Road substantially in conformance with Exhibit A of 2765-RZ in a manner acceptable. to the Public Works Department, Road Engineering Division, subject to the review and approval of the Zoning Administrator. The realignment shall-include adequate transitions and a 44-foot pavement width. L. 'Construct the shopping center access road opposite Oakley Road to pri- vate road standards with a minimum of 48-foot width and with a minimum of 30-foot radii curb returns. The access road shall not have inter- secting driveways within 80 feet of Oakley Road. M. Submit a sketch alignment plan to the Public Works Department for re- view and to the Zoning Administrator for review and approval showing all public road improvements prior to starting work on the improvement plans. The sketch alignment plan shall be to scale and show proposed and future curb lines, lane striping details and lighting. The sketch plan shall show that adequate sight distance has been provided on the inside of the Empire Avenue curve. The map must be adequate to pro- vide to Caltrans for a State encroachment permit. Additional f s 5 information required for the encroachment permit shall be provided by the applicant. N. The applicant shall install permanent landscaping and automatic irri- gation facilities within the parkway and median areas. All work will be done in accordance with the guidelines and standards of the County. Funding of, and maintenance of the new plantings shall be guaranteed by the developer until (1) the expiration of the plant establishment period and .(2) until funds are available through a landscaping dis- trict. 0. Submit a preliminary median landscape plan for review and approval by Community Development and Public Works prior to beginning work on the median improvement plans. P. The applicant shall file a request for annexation to AD 1979-3 (LL-2) and shall maintain landscaping until annexation occurs and final in- spection is cleared. Q. Border landscaping and sidewalks shall be placed so they will not re- quire relocation when the additional second left-turn lane is con- structed by widening the southwest side of State Highway 4 in the fu- ture. Landscaping in the area to be reconstructed shall be low growth, ground cover type. A bus shelter shall be installed along State Highway 4 of a design acceptable to Tri-Delta Transit between Empire Avenue and the first shopping center entrance to the east. R. Pay the Contra Costa County Public Works Department to modify the cur- rent signalization plans for the State Highway 4-Empire Avenue traffic signal . S. Dedicate additional right of way, in the form of an easement, to allow the installation and maintenance of signal equipment and loop detec- tors within the entrance roads to the shopping center. T. Install all new utility distribution s9rvices underground. U. An encroachment permit for construction within the State right of way shall be obtained from Caltrans through the Public Works Department, Engineering Services Division. The applicant shall provide all neces- sary information and pay all fees required by the State. U. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinances for the Oakley and the East/Central County Travel Corridor Areas of Benefit as adopted by the Board of Supervisors. W. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. X. Furnish proof to the Public Works Department, Engineering Services Division, of the acquisition of all necessary rights of entry, permits LWUlll1"U�� ln! 6 and/or easements for the construction of off-site, temporary or perma- nent, road and drainage improvements. Y. Submit improvement plans prepared by a registered civil engineer to the Public Works Department, Engineering Services Division, for re- view; pay the inspection, plan review and applicable lighting fees. These plans shall include any necessary traffic signage and striping plans for review by the County Traffic Engineer. The improvement plans shall be submitted to the Public Works Department, Engineering Services Division, prior to the issuance of any building permit. The review of improvement plans and payment "of all fees shall be completed prior to the clearance of any building for final inspection by the Public Works Department. If final inspection is requested prior to construction of improvements, the applicant shall execute a road im- provement agreement with Contra Costa County and post bonds required by the agreement to guarantee completion of the work. Z. Comply with the drainage fee requirements for Drainage Area 29C as adopted by the Board of Supervisors. AA. The applicant shall have the property owner make a formal request in writing to the County for annexation of this project to Drainage Area 290 for the maintenance and operation of the Drainage Area 29 drainage facilities. The subdivision shall be annexed to Drainage Area 290 before issuance of any building permits. AB. Install Line E of Drainage Area 29C from Empire Avenue to the Drainage Area 29C detention basin located southeasterly of this property. , AC. Obtain a Flood Plain permit the Community Development Department and comply with the requirements of the Flood Plain Management Ordinance including Section 5.0, "Provisions for Flood Hazard Reduction", of that Ordinance. Elevate finished floors to above the base flood ele- vation plus freeboard. AD. Fill the low areas on this property te'drain. AE. Vacate the State right of way proposed to be utilitzed in this project prior to filing of the Final Map. KK/SW/df RZ6:7045c.kk 1/19/88 1/21/88 2/4/88