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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA T. 10
Adopted this Order on June 27, 1989 by the following vote:
AYES: Supervisorsowe`rs;' F'aiiden; SchrocTe'r',` McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Hearing On Appeal Of Barnett-Range Property Services Corp.
For Oakley Ranch Owners ' Association On Subdivision 7203
In The Oakley Area.
The Clerk of the Board of Supervisors heretofore noticed this as
the time for hearing .on the appeal of Oakley Ranch Owners' Association
from the decision of the East County Regional Planning Commission on
the request by Bellecci and Associates (applicant) and North State
Development (owner) for approval of a 91 lot subdivision (Subdivision
7203 ) in the Oakley area.
Jean Mesick, Community Development Department, presented the
staff report on the appeal before the Board, commenting on issues
including access, the Planning Commission approval with access along
Robert Way with future access along Ironwood Lane, and presented the
staff recommendation that the Board .accept the environmental
documentation as being adequate, deny the appeal and uphold the East
County Regional Planning Commission decision to approve Subdivision
7203 with the Robert Way/Ironwood access.
Supervisor Torlakson requested clarification from staff on the
sound wall at the end of Ironwood and whether the intention was to
punch through the sound wall.
Karl Wandry, Community Development Department, responded that
Ironwood is designed as a cul de sac to be terminated not to be a
through street. He commented on the staff recommendation of Robert
Way and the opening of Carol Lane which gives the site reasonable
access both directions to Highway 4.
The public hearing was opened and the following people appeared
to speak:
Frank Bellecci, Bellecci and Associates, 2552 Stanwell Drive,
Concord, representing North State Development, commented on the basis
for the appeal being the question of access and that they have no
problem with the Planning Commission decision or any decision the
Board may make as far as access as long as there is a decision today.
Supervisor Torlakson questioned whether there was any kind of
deed notification or deed attachment or notification in the conditions
that notifies people that they will be buying near a railroad.
Karl Wandry responded that there was not.
Frank Bellecci commented that there would be no problem with
making that disclosure available.
Harbant Singh, 141 Carol Lane, Oakley, spoke against the opening
of Carol Lane.
Ron Dybas, 1985 Santa Fe Street, Oakley, spoke in favor of
opening Carol Lane.
William C. Batze, 180 Carol Lane, Oakley, spoke in favor of the
Planning Commission decision.
Supervisor Torlakson questioned Mr. Batze on whether the land had
been farmed actively in agriculture or was the basic assumption by
people in the area that it would be developed for housing.
/Mr. Batze responded on the assumption being that it would be
developed.
Thomas W. Lasater, 160 Carol Lane, Oakley, spoke in favor of the
East County Regional Planning Commission' s decision approving the
subdivision without the use of Carol Lane as access.
Lauren Heerschap, 1820 Santa Fe Street, Oakley, spoke in favor of
Carol Lane being open as a route of access to this new development,
and presented a homeowners ' opinion poll supporting the opening of
Carol Lane and the closure of Robert Way.
Ron Holland, no address given, spoke in favor of Carol Lane as
the access.
Mrs. Young, 140 Carol Lane, Oakley, spoke in favor of the East
County Regional Planning Commission decision with the Robert Way and
Ironwood Lane access.
The following people presented cards with comments but did not
wish to speak before the Board:
Mr. Young, 140 Carol Lane, Oakley.
Diane Lowe, 241 Carol Lane, Oakley, against Subdivision 7203 .
Vince Hochdeffer, 121 Carol Lane, Oakley in opposition to Carol
Lane being open to through traffic without a traffic light at the
corner of Highway 4 and Carol Lane.
Frank Bellecci commented in rebuttal on issues including an
acoustical study that is being done and a soil report being done on
the stability of the site.
The public hearing was closed.
Supervisor Torlakson requested clarification from staff on what
had been planned originally for the streets in question and he
indicated a need to direct staff on the remaining development in this
area where the roads are stubbed out that there be some indication of
what is the intention to do with them in the future.
Jean Mesick commented on the staff recommendation to open Carol
Lane to the east to disperse the traffic of the development and she
discussed traffic patterns in the area.
Supervisor Torlakson recommended to the Board, with the
understanding that findings will be brought back in writing, that the
Board approve the Subdivision 7203 , including the deed notification
that it is near an active railroad. He recommended in favor of Carol
Lane being open as it was designed to be a through street. He
commented on Carol Lane being an area in transition and on the need to
put signs on Carol Lane and Charles Way indicating children at play
and the speed limit once the traffic pattern is fully established. He
recommended a sign on Robert Way coming out of the new subdivision
indicating a turn at Teresa indicating Highway 4, Charles Way so
people would get an idea that that is the preferred route for traffic
to the traffic signal. Supervisor Torlakson moved approval of
Subdivision 7203 with the staff ' s recommendation to keep Carol Lane
open, with the conditions for the signing and that the improvements on
Carol Lane need to be worked up in terms of conditions so that they
are put in in a timely fashion in conjunction with the development
occupancy and in conjunction with meeting with the neighbors in the
Carol Lane area. He addressed the need for reimbursement agreements
to be worked out so that North State Development is not fully
responsible for those improvements and to make sure that those
improvements are in the ground and a safe intersection is provided at
Highway 4.
Supervisor Torlakson additionally moved to direct staff to do
some advanced signing on the streets in Oakley to indicate the future
disposition of streets to avoid conflicts such as this one and to look
at other areas in the County where this might apply.
IT IS BY THE BOARD ORDERED that the appeal of the Oakley Ranch
Owners ' Association is GRANTED; and Subdivision 7203 is APPROVED with
conditions as amended by the Board of Supervisors (Exhibit A
attached) ; and Public Works staff is DIRECTED to provide appropriate
signed notification to the public relative to future disposition of
barricaded or dead end streets in East County and other appropriate
areas in the County.
I t,ereby certify that this is a true and Correct Copy of
an action taken and entered on the minutes of the
Board of Supe sora on the date shown.
ATTESTED: 7 f g Q 9
PHIL B&CHELOR,Clerk of the Board
of Supervis ro and County Administrator
By
0 0
4 Deauty
Orig. Dept. : Clerk of the Board
cc: Community Development Dept.
County Counsel
Oakley Ranch Owners Assn.
Bellecci & Associates
North States Development
Public Works-Tom Dudziak
Assessor
Oakley Fire Protection Dist.
CONDITIONS OF APPROVAL FOR SUBDIVISION 7203
1. This tentative map for 91 single family lots is approved subject to the
following conditions. Variances are approved as follows: for lot depth on
Parcels 26, 59 and 91; for average lot width on Parcels 12, 27 28, 41, 42,
43, 55, 56, 79 and 80.
2. The applicant shall comply with the Park Dedication Ordinance through pay-
ment of 'fees.
3. Illuminated house numbers visible from a public or private roadway are re-
quired for each residence constructed on approved lots.
4. Prior to issuance of building permits, applicant shall submit landscape
plans for a typical frontyard, prepared in accordance with Contra Costa
County Water Conservation policies.
5. All frontyards shall have landscaping installed or bonded prior to occu-
pancy. Landscaping shall be maintained by the applicant until occupancy
when installed prior.
6. Frontyard landscapes shall include a minimum of one fifteen gallon street
tree for each parcel , together with turf and shrubbery. Suitable drought
tolerant California native species shall be used as much as possible.
7. 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.
8. 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 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
the budget hearings and after the pending elections of the general commu-
nity of the question of additional police services.
9. 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 other required by a TSM Ordinance) . The approved TSM plans shall be
operative prior to final inspection by the Building Inspection Department.
10. The following statement shall be recorded at the County Recorder's Office
for each parcel to notify future owners of the parcels that they own prop-
erty in an agricultural area:
"This document shall 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
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spraying occurring regularly; burning associated with agricultural
activities; noise associated with farm equipment and aerial crop
dusting and certain animals and flies may exist on surrounding prop-
erties. This statement 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."
11. Applicant shall construct a wood fence supported by concrete pillars on
maximum 8 foot centers along the south and west borders of the property
extending from Robert Way westward to the property' s most westerly point.
In addition, applicant shall construct good neighbor fences where any newly
created backyards adjoin. All fence design described above shall be sub-
ject to review and approval by the County Zoning Administrator.
12. At least 45 days prior to recording a Final Map, issuance of Building De-
partment permits, or installation of improvements or utilities, submit a
preliminary geology, soils, and foundation report for review and approval
of the Planning Geologist. The report shall include evaluation of
earthquake-induced liquefaction and.or seismic settlement.
Improvement, grading, and building plans shall implement recommendations of
the approved report. Final Map shall cite the approved report. Record a
statement acknowledging the title, date, and author of the report and
calling attention to the report conclusions and recommendations.
13. Applicant shall have an acoustical study undertaken to analyze impacts of
noise associated with the A.T. & S.F. Railroad on future residences in this
subdivision. The applicant will abide by and implement all recommendations
of this study. Adequacy of the acoustical report shall be subject to re-
view and approval of the County Zoning Administrator.
14. The following statement shall be recorded at the County Recorder' s Office
for each parcel to notify future owners of the parcels that they own prop-
erty near an active railroad line:
"This document shall serve as notification that you have purchased
land near an active AT & SF Railroad line."
15. "Children At Play" signs shall be erected on Carol Lane and Charles Way.
The final location of the signs shall be subject to the review and approval
of the Zoning Administrator and the Public Works Director.
16. 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. The requirements of
this Ordinance include the following:
1. Undergrounding of all utility distribution facilities.
MEN A
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2. 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.
Line H of the Drainage Area 29C plan runs through this property.
The applicant for Development Permit 3071-87 has .committed to
install this line. the applicant for Subdivision 7203 will be
required to convey stormwater runoff arriving at and/or origi-
nating on this property to this drainage facility.
3. Prohibits the discharge 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.
5. Applying for encroachment permits from the Public Works Depart-
ment, Engineering Services Division, for driveway connections and
other work within the right of way of public roads.
6. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
7. 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.
B. Provide a smooth curve to County road standards at the intersection of
"D" Street and "E" Street. The curve shall have a centerline radius
of at least 38 feet.
C. Modify the partial cul-de-sac north of "A" Street and redesign af-
fected lots subject to review and approval of the Zoning Administra-
tor.
D. Submit a sketch alignment plan to the Public Works Department, Road
Engineering Division, for review 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 alignment plan shall also
include adequate information to show that adequate sight distance has
been provided.
E. All interior subdivision streets shall be dedicated to the County and
constructed to County public road standards.
F. Install street lights and apply for annexation to County Service Area
L-100 for maintenance of the street lights. The final number and
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location of the lights will be determined by the County Traffic Engi-
neer.
G. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
H. Apply for annexation to Drainage Area 290 for the maintenance and op-
eration of the drainage area's drainage facilities.
I . Provide sight distance analysis at intersections where requested by
the Public Works Department, Engineering Services Division. Provide
sight distance mitigation consisting of redesign of the intersection
and/or additional landscape and building setbacks as necessary.
J. Apply for annexation to County Landscaping District AD 1979-3 (LL-2)
Zone 16 for park purposes.
K. Install project-related safety related improvements on State Highway 4
at Carol Lane (including traffic signs and channelization) as approved
by the Public Works Department.
L. Widen Carol Lane between streets of this subdivision and Highway 4
right of way to a 28 foot road width to provide for the ultimate 36
foot road width. The structural section of the pavement widening
shall have a strength at least equivalent to the existing roadway and
shall be capable of handling a higher traffic load with overlay.
Longitudinal and transverse drainage improvments are not required as
part of Carol Lane widening. Install adequate driveway conforms to
the existing driveways and relocate utilities as necessary.
Improvmeents to Carol Lane shall be constructed in a timely manner and
shall be completed prior to occupancy. Depending on the level of im-
provements, some consideration can be given for reimbursement subject
to review and approval of the Zoning Administrator and Public Work
Director.
INFORMATIONAL NOTES
1. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for
the Oakley Area of Benefit and the East/Central County Travel Corridor Area
of Benefit as adopted by the Board of Supervisors.
The area of benefit fees are currently $2134 per residential single family
dwelling unit and $380 per residential family dwelling unit, respectively.
2. Comply with the drainage fee requirements for Drainage Area 29C as adopted
by the Board of Supervisors. The Drainage Area fee currently ranges from
$1260 per unit, for 6,000 to 6,999 square feet of land per unit, to $2100
per unit for 20,000 to 29,999 square feet of land per unit.
JE/SW/df
ub7203c.je
4/21/89REM
Revised 4/24/89
Revised 6/27/89