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Home My WebLink AboutMINUTES - 05161989 - 2.4 2.4 • s Contra TO: BOARD OF SUPERVISORS Costa FRO14: Harvey E. Bragdon, Director of Community Development DATE: March 24, 1989 SUBJECT: Public Hearing on 2817-RZ, to rezone 3.67 acres from Single Family Residential District (R-10) to Planned Unit District (P-1) together with Development Plan #3036-88 and tentative map for Subdivision No. 7353 for 16 lots in the Martinez area. (S.D. II) Parcel #161-071-001, 002 SPECIFIC REQUEST(S) OR RECOMMENDATId S(S) 6 BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Approve rezoning application 2817-RZ, C.L. Associates (Applicant) , Irwin, Choate & Populis (Owners) , to rezone 3.6 acres from Single Family Residential District (R-10) to Planned Unit District (P-1) , as recommended by the County Planning Commission on February 28, 1989. 2. Approve Development Plan #3036-88 with conditions as recommend- ed by the County Planning Commission. 3. Approve the tentative map for Subdivision #7153 as recommended by the County Planning Commission. 4. Adopt the County Planning Commission's findings as set forth in its Resolution No. 15-1989, as the basis for your Board' s decision. 5. Accept the Environmental Review documentation as being adequate. 6. Introduce the ordinance giving effect to therezoning waiv reading and set date for adoption of same. J, CONTINUED ON ATTACHMENT: YES SIGMA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOKKENDAT ON OF COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON 14ay 16 , 1989 APPROVED AS RECOMMENDED OTHER _ The Board of Supervisors on May 9, 1989 deferred to this date the decision on the rezoning application of C.L. Associates (applicant) and Harry and Dennis Populis, et al (owners) (2817-RZ) , Development Plan 3036-88, and Subdivision 7153 in the Martinez area. Kara, Wandry, Community Development Department, advised the Board that per the Board' s instruction on April 25, 1989, that staff had met with the neighbors and the developer to discuss the potential drainage problems and solutions. He commented that at this point there is somewhat of an impasse. He commented on two letters received today from owners of property indicating that they were not interested in having drainage or sewage go through their property while two other owners have indicated that they would like to have that. He recommended that the Board finalize the decision today, require the applicant to collect and convey drainage waters and give the applicant sixty days to continue to work with the neighbors to resolve the situation satisfactorily, all subject to the Zoning Administrator' s approval at the end of sixty days. He also commented that should an acceptable solution not be reached, the matter could be brought back to the Board at that time. Supervisor Fanden concurred with and moved the staff recommendation. Supervisor Torlakson advised that speaker cards had been submitted today from Kate Olsen and Barbara Bogue and that they should be advised of any Zoning Administrator hearing on this matter. Therefore, IT IS BY THE BOARD ORDERED that recommendations 1, 2, and 3 with conditions (Exhibit A attached) are APPROVED; and recommendations 4, 5, and 6 are APPROVED; and as in recommendation 6, Ordinance No. 89-31, giving effect to the rezoning is INTRODUCED, reading waived and May 23, 1989 is set for adoption of same; the applicant is REQUESTED to continue to work with neighbors to resolve drainage issues with review by the Zoning Administrator in 60 days. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT ) 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 16, 1989 County Counsel PHIL BATCHELOR, CLERK OF Public works-Tom Dudziak THE BOARD OF SUPERVISORS Assessor D COUNTY ADMINISTRATOR C.L. Associates Irwin, Choate & Populis By-CL 11f DEPUTY CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3036-88 AND SUBDIVISION 7153 1. This approval is based upon the development plans and Tentative map submit- ted with the application dated received September 27, 1988, for a maximum of 16 lots. 2. Prior to filing the Final Subdivision Map, revised plans shall be submitted for review and approval by the Zoning Administrator providing for the re- duction from 17 to 16 lots to eliminate the flag lot. 3. The guide for development and use provisions shall be the Single Family Residential District R-6, subject to review and approval by the Zoning Ad- ministrator prior to issuance of Building Permits. 4. Prior to issuance of building permits, an overall plan providing for build- ing location for all lots with setback dimensions shall be submitted for review and approval by the Zoning Administrator. 5. 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. 6. Submit a preliminary geotechnical report meeting the requirements of the Subdivision Ordinance, Section 94-4.420 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. Record a document acknowledging and identifying the report by author (firm) and date, to run with property deeds. 7. All residences will provide for a address visible from the street, which may require illumination. S. Prior to filing a Final Subdivision map, street names shall be subject to the review and approval of the Community Development Department. The ac- cess road to the site shall be named Forsythia Way to.match the name of the eXisting street on the same alignment. 9. The graded slopes along the south and west property lines shall be landscaped. Landscape plans shall be reviewed and approved by the Zoning Administrator. 10. 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 n!1� fi r-1";�� !i 2 Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. Conformance with the Ordinance Code includes the following requirements: 1. Constructing road improvements along the frontage of Milano Way. Construcing a 4 foot 6 inch sidewalk, pavement widening to pro- vide for a 20 foot half width road, and longitudinal and trans- verse drainage along the frontage will satisfy this requirement. 2. Undergrounding of all utility distribution facilities. An ex- ception to this requirement is recommended for the existing structures. 3. 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. 4. Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. 5. Submitting improvement plans prepared by a registered civil en- gineer, 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. An R1 (STOP) sign and a W533 (NOT A THROUGH STREET) sign will be required on the on-site road. B. Convey to the County, by Offer of Dedication, additional right of way on Milano Way as required for the planned future width of 60 feet. C. Construct the onsite road, as shown on the Tentative Map, to County private road standards. D. 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. The following statements are NOT Conditions of Approval ; however, the applicant should be aware of these requirements prior to filing the Final map or attempt- ing to secure building permits. A. Contra Costa County Consolidated Fire District. See attached. B. The County Health Department. See attached. C. This development will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit as adopted by the Board of Supervisors. LCs 3 D. Comply with the drainage fee requirements for Drainage Area 57 as adopted by the Board of Supervisors. 8T/GA/df subll:sub7153c.bt 2/22/89 2/28/89 - P/C Revisions (v)