The URL can be used to link to this page

Home My WebLink AboutMINUTES - 04111989 - T.7 }} T. 7 ra TO: 4: BOARD OF SUPERVISORS Cwt CQsta FROM: Harvey E. Bragdon, COL"y Director of Community Development �✓ l DATE: 6 March 1989 SUBJECT: REZONING - The Salvation Army (Af0) - 2804-RZ - Requesting approval to rezone 1.19 acres from Multiple Family Residential District M-29) to Planned Unit District (P-1) and Development Plan #3027,'; 88 for a 50 unit senior citizens apartment house, in the El Sobrante area. (S.D. II) Parcel #425-220-039. SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ` 1. Approve rezoning application 2804-RZ and Development Plan #3027-88, as recommended by the County Planning Commission on February 14, 1988. 2. Adopt the Planning Commission's findings as set forth in its Resolution No. 9-1989, as the basis for your Board's decision. 3. Accept the environmental review documentation as being adequate. 4. Introduce the ordinance giving effect to the rezoning; .waive reading and set date for adoption of same. . CONTINUED ON ATTACHMENT: YES SIGNA RECOM UNDATION OF COUNTY ADMINISTRATOR RECOMMENDAT OF COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON April 11, 1989 APPROVED AS RECOMMENDED x' OTHER This being the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the Contra Costa County Planning Commission on the request by the Salvation Army (applicant and owner) to rezone 1. 19 acres of land ( 2804-RZ) from Multiple Family Residential District (M-29) to Planned Unit District (P-1) for a 50-unit senior citizens' apartment house and for approval of Final Development Plan 3027-88 located on a vacant site fronting approximately 100, feet on the- southerly side of Appian Way approximately 1,500 feet east of Santa Rita Road in the El Sobrante area. Jean Mesick, Community Development Department, presented the staff report on the proposed project, the Planning Commission recommendation, and the staff recommendation for approval. The public hearing was opened and the following persons appeared. to speak: Captain Eda Holcomb, representing the Salvation Army, requested approval for the ,project. Gary Kent, 5959 Rose Arbor Avenue, San Pablo, spoke in favor of the project, requested the same proposed density for two acres he owns south of the proposed project. 1. The public hearing was closed. On recommendation of Supervisor Fanden, IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3, and 4 are APPROVED; and as in recommendation 4, ',Ordinance No. 89-23 is INTRODUCED, reading waived and April 18, 1989 is set for adoption of same. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT V ) 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 Department, ATTESTED April 11, 1989 Attn: Arthur Beresford PHIL BATCHELOR, CLERK OF The Salvation Army THE BOARD OF SUPERVISORS E1 Sobrante Valley Planning & Zoning Comm. AND COUNTY ADMINISTRATOR County Counsel Tom Dudziak--Public Works BY Assessor ' DEPUTY LA West County Fire Protection Dist. 2. CONDITIONS OF APPROVAL FOR PRELIMINARY DEVELOPMENT PLAN -2804-RZ AND DEVELOPMENT PLAN 3027-88: 1. This approval is based upon the exhibits received by the Community Develop- ment Department and listed as follows: A. Exhibit "A" `- Revised Final Development Plan for site done by Archi- tect, M.A.:, received January 10, 1989. B. Exhibit "B - Floor plans, typical elevation plans, and typical apartment layout dated received January 10, 1989. C. Archaeological reconnaissance report S-8852 done for previous approval (DP 3015-86). 2. This approval is'' subject to adoption of an Ordinance for the rezoning of the subject property under application 2804-RZ for 50 units. The final number and lay- out of units shall reflect the Board's approval . The site shall be used for senior citizen housing only - 50 units. 3. The proposed building shall be similar to that shown on submitted plans. 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 wal{ls 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, stucco or other materials acceptable to the Zoning Administrator. The de- tails of the exterior finishes should be submitted at least 30 days prior to anticipated building permit requests for the Zoning Administrator's re- view and approval;. 4. Comply with landscaping requirements as follows: A. A landscaping program and irrigation plan for all 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 plan. B. California native species shall be used as much as possible. All trees shall ;be a minimum 15 gallon size, all shrubs shall be a minimum 5 gallon size. Trees should be of a drought tolerant type. The ac- cess road area shall be landscaped with trees on the northerly possi- ble side. C. The southerly side of the building shall be planted with a suitable row of trees. The front of the site shall be heavily landscaped with trees and bushes. Trees at the front of the site shall be California Pepper trees (Shinus molle) or some other tree acceptable to the Zon- ing Administrator. ` r The trellis area shall be planted with a suitable vine type of plant. D. The planter behind the fire district property shall be widened 2 feet _ and planted with a row of suitable trees, bushes and ground cover. E. The Appian Creek area shall be planted with suitable California native trees, bushes and ground cover. The California State Department of Fish and Game shall review and approve the creek restoration plans. F. Landscaping shall comply with the Contra Costa County policy on water conservation, requirements for new developments. Planter areas shall be irrigated by the drip irrigation method. G. The Zoning Administrator shall review and approve fencing details and location. The masonry fence at the front of the site shall be made of tan or brown tinted, rough faced concrete blocks or some other mate- rial acceptable to the Zoning Administrator. A suitable mound or mound masonry fence combination may be substituted for the masonry fence. The masonry fence shall be kept low to avoid a tunnel/wall effect on Appian Way. There shall be a suitable stout fence on the top of the retaining wall behind the parking area. The fence shall be a see through type, approximately 4 to 5 feet tall . 5. Exterior lights shall be deflected so that lights shine onto applicant's property and not . toward adjacent properties. The Zoning Administrator shall review exterior lighting details prior to building permit issuance. Plans for exterior lighting shall be submitted at least 30 days prior to anticipated request for building permits. 6. The building shall have and illuminated address number that is clearly visible day and night to the street in front of the site. 7. The design, color, location and height of any project sign at the front of the property shall be reviewed and approved by the Zoning Administrator. The, sign shall be, non-illuminated. The sign may be back-lit. 8. Sewage disposal serving the properties concerned in this application shall be provided by the West Contra Costa Sanitary District. The sewers located within the boundaries of the properties concerned shall become an integral part of the West Contra Costa County Sanitary District's sewerage collec- tion system. 9. Water supply serving the properties concerned shall be by the East Bay Mu- nicipal Utility District. Such water distribution system located within the boundaries of the properties concerned in this application, shall be- come an integral part of the East Bay Municipal District's overall water distribution system. 10. Comply with the requirements of the West County Fire Protection District including provision for water supply and fire hydrants, as determined by the District. Construction plans shall be reviewed and approved by the Fire District prior to issuance of building permits. 11. If archaeologicalmaterials 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 So- ciety 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. 12. Tenants shall be notified in writing that they are near a fire station that may create noise at any time day or night. 13. Several bench sitting area shall be developed on the southerly side of the creek. A trail shall be developed to the Boys Club property if the Boys Club is agreeable% 14. Parking and driveway areas shall be paved so as to prevent ponding of water or the creation of dust. The two most northerly parking spaces shall be used for staff parking. 15. Submit an acoustical study for review and approval of the Planning Depart- ment. The report shall be prepared by a competent acoustical expert. It shall outline measures to be taken to reduce interior noise levels to 45 dBA or less in diose units effected by higher street noise levels. 16. The developer and/or his representatives shall notify the Department of Fish and Game, Pr0. Box 47, Yountville, CA 94599, of any proposed or ex- isting construction project within the development that may affect the streams in accordance with Section 1601 and 1602 of the Fish and Game Code. A stream bed alteration agreement will be necessary. The State Department of Fish and Game shall review and approve riparian habitat enhancement plans prior to their development. 17. The plans for this project will be submitted for review by the County Sheriff's Department for suggestions on any changes that could be made for defensive crime 'prevention designs. If agreement cannot be reached the matter can be brought back to the Zoning Administrator for decision. The access drive shall not be gated unless deemed of vital necessity by the Sheriff's Department. 18. Comply with drainage, road improvement, traffic and utility requirements as follows: A. Unless exceptions are specifically granted, this development shall conform to the requirements of Division 914 (Drainage) of the Subdi- vision Ordinance. This includes the following: 1. 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 Appian Creek located within the southerly portion of this property. If al 1; or a portion of Appian Creek is to be left natural , the developer shall : a. Comply with Section 914-10.406, "Unimproved Channels-Structure Setback," of the County Ordinance Code. No portion of any structure shall be located within the structure setback area. b. Verify the creek's capacity considering appropriate freeboard and increase the capacity if it is inadequate. The applicant shall install storm drainage facilities and dedi- cate drainage easements over any portion of the creek which will be culverted. 2. Verifying that all finished floor elevations are above the 100- year flood elevation. ' The applicant shall be required to elevate finished floors to 1 foot above the 100 year flood elevation to provide reasonable freeboard. 3. Prohibiting the discharging of storm waters to roadside ditches. 4. Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. B. Unless exceptions are specifically granted, comply with the require- ments of. Division 1006 (Road Dedication and Setbacks) of the County Ordinance Code. This includes the following: 1. Convey,to the County, by Offer of Dedication, approximately 15 feet of additional right of way on Appian Way as required for the - planned future width of 80 feet. 2. Construct curb, 6-foot 6-inch sidewalk (width measured from curb face) , necessary longitudinal and transverse drainage, and nec- essary� pavement widening on Appian Way. The face of curb shall be located 8 feet from the widened right of way line. The applicant shall be required to execute a bonded Road Improvement Agreement. to assure construction of the above improvements when required by the County. C. Determine the creek's resistance to erosion, based on a soils report. Bank protection shall be installed, if required, based on a registered soils engineer's recommendations. D. Relocate and/or upgrade street lighting facilities along the frontage of Appian Way. E. Install all; new utility distribution services underground. F. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalk and driveways. G. 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 per- manent, road and drainage improvements. H. 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 plansishall 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. I. The applicant shall submit additional topography to verify the loca- tion of the, structure setback line along Appian Creek to the Zoning Administrator for his review and approval and the review of the Public Works Department, Flood Control Engineering Division. J. Obtain a Flood Plain Permit from the Community Development Department and comply with the requirements of the Flood Plain Management Ordi- nance including Section 5.0, "Provisions for Flood Hazard Reduction," of that Ordinance. Elevate finished floors to above the base flood elevation plus 1 foot of freeboard. K. Grade this property to meet the ultimate Appian Way grade at the right of way line' 19. With respect to' the grant of a' density bonus for the above referenced project, the following condition 'shall apply: At least twenty five percent of the units in this development shall be affordable and placed throughout the development in a manner such that the size and quality' of Affordable Units reflect the proportions in the total development, and, that the Affordable Units be spatially disbursed. Prior to requesting building permits, the applicant shall submit to the Zoning Administrator a plan setting forth units to be affordable to Lower Income Households and Senior Citizens. INFORMATIONAL NOTES The following statements are not conditions of approval ; however, the applicant/ developer should be aware of it prior to requesting grading or building permits. A. Comply with the requirements of the Building Inspection Department. 1 rt 1. A preliminary soils engineering report is required. 2. A grading plan is required. B. Comply with the irequirements of the West Contra Costa Sanitary District's requirements. 1. Plot Plan requires District approval . 2. Appropriate permit and connection fee required prior to connection to sewer main.. 3. District approval is required prior to finalizing building permit and granting Certificate of Occupancy. C. West County Fire District. 1. Each unit shall be provided with fire district approval smoke detec- tors. The smoke detectors shall be mounted on the ceilings near bed- rooms or sleeping areas. D. This project may, be subject to the requirements of the United Stated Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required and if it can be issued (Stan Francisco District) . E. Comply with appropriate park dedication fees. F. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Richmond/E1 ''Sobrante Area of Benefit as adopted by the Board of Super- visors. The Area of Benefit fee is currently $1224 per residential multi-family unit. G. Comply with the drainage fee requirements for Drainage Area 73 as adopted by the Board ofiSupervisors. The Drainage Area fee is currently $3240 per acre for multi-family resi- dential property. H. In addition to ,onsite Appian Creek work, the applicant shall execute a bonded Subdivision Agreement requiring the applicant to construct drainage mitigation on San Pablo, Appian, Castro or Wilkie Creeks equivalent to at least $.15 per square foot of impervious surface area. The applicant shall only be required to construct the above drainage mitigation if the work can be in conjunction with that of one or more other developers and if the County specifically requests the applicant to participate in the mitigation work within 12 months of filing the Parcel Map for this Subdivision. I . With respect to the grant of a density bonus for the above referenced project, the following condition shall apply: In consideration of the grant of a density bonus pursuant to Section 65915 and 65913 of the California Government Code, and Policy 1(h) of the Housing Element of the General Plan, and procedures adopted by the Board of Supervisors pursuant thereto the applicant shall , contemplating a rental i development, enter into a Declaration of Restrictive Covenants Agreement with the County at least 90 days prior to requesting building permits (form to be approved by the County) , which ensures that a number of units equal to at least 50% of the units allowed by the existing zoning (19 units) are occupied by Senior Citizen Households. For purpose of this condition, the following definitions apply: a. Senior Citizen Households: A household in which the head of household is 62 years of age or older, or 55 years of age or older in a Senior Citizen Housing Development. b. Senior ''Citizen Housing Development: A residential development that is available only to households in which the head of house- hold is' 55 years of age or older, and which consists of at least 150 dwelling units. AB:vpl rzXI/2804-rz.coa 3/8/89