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HomeMy WebLinkAboutMINUTES - 02061990 - T.5 �__ . .. T. 5. Contra BOARD OF SUPERVISORS Costa( `r '�'�/ FROM: Harvey E. Bragdon, Director of Community Development DATE: 5 January 1990 SUBJECT: REZONING - 2859-RZ - Jerry Loving Architect, Inc. (Applicant) , Com- istas Partnership (Owners) - Recommendation to APPROVE change from R-7/M-17 to Planned Unit District (P-1) - Pacheco area. (S.D. II) Parcel #125-072-003,004. SPECIFIC REQUEST S) OR RECONMENDATIONS(S) BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation as being complete and adequate. 2. Adopt Rezoning/Preliminary Development Plan 2859-RZ as recommen- ded by the County Planning Commission. 3. Approve ,Final Development Plan and Subdivision #7394 as recom- mended by the County Planning Commission per attached condit- ions. 4. Adopt the findings of the County Planning Commission as contain- ed in the Commission Resolution No.2-1990, as the basis for the Board' s action. 5. Introduce the ordinance giving effect to the rezoning; waive reading and set date for adoption of same. BACKGROUND/JUSTIFICATION FOR PROPOSED ACTION; The County Planning Commission heard this matter on December 12, 1989. At that time, no individuals appeared to testify in opposit- ion- to the project. CONTINUED ON ATTACHMENT: _ YES SIGMA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : C ACTION OF BOARD ON February 6, 1990 APPROVED AS RELX*91ENDED X OTHER `This is 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 Jerry Loving Architects Inc. (applicant) and Comistas Partnership (owners) to rezone 1 . 2 acres of land ( 2859-RZ) from Single Family Residential (R-7) and Multiple Family Residential (M-17) to Planned Unit District (P-1) with a variance to the 5-acre minimum parcel size requirement, and for approval for Final Development Plan for 14 Single Family residential detached units ( 3028-89) and for approval for Tentative Map to divide 1. 08 acres into 14 lots (Subdivision 7394) in the Pacheco area. Mary Fleming, Community Development Department, presented the staff report on the matter before the Board of Supervisors describing the proposed site, and commenting on the General Plan designation for this area as multiple family residential, high density which allows 20 to 29 units per acre. She commented on the compatibility of the request with the General Plan designation. She also advised of a minor modification to the plan since the Planning Commission approval shifting a couple of the units to face the other direction. She gave the staff recommendation that the Board accept the environmental documentation as being complete and adequate, adopt the resolution approving the rezoning, approve the final development plan and subdivision, adopt the findings of the Planning Commission and introduce the Ordinance and set date for adoption of same, Supervisor McPeak questioned the compatibility of the project with the airport and any restriction on the deed relative to impact of noise. Karl Wandry, Community Development Department, advised that the project was compatible with the airport but indicated that there should be deed notification relative to overflights and that should be part of the approval. Ms. Fleming commented on the requirement for an acoustic study to mitigate any noise impacts from the airport. The public hearing was opened and no one appearing in opposition, the public hearing was closed. Supervisor McPeak moved approval of the recommendation from the Planning Commission with the underscored notice in the conditions of approval relative to deed notification of overflights from the airport. IT IS BY THE BOARD ORDERED that recommendations 1, 2 and 3, 4, and 5 are APPROVED; and as in recommendation 5, Ordinance No. 89-11 is INTRODUCED', reading waived, and February 13, 1990 is set for adoption of same. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT I ) 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 February 6, 1990 Attn: Robert Drake PHIL BATCHELOR, CLERK OF Jerry Loving Architect, Inc. THE BOARD OF SUPERVISORS Public Works-Tom Dudziak AND COUNTY MINISTRATOR Assessor CCC Fire Protection District BY DEPUTY CONDITIONS OF APPROVAL FOR REZONING 2859-RA, FINAL DEVELOPMENT PLAN _3028-89, SUBDIVISION 7394 (PACHECO VILLAS) 1. This application for rezoning final development plan and tentative map is approved as generally shown on the exhibits listed below, subject to the , following conditions. The project boundaries are expanded to include the adjoining parcel , APN 125-071-010. This parcel consists of approximately 5000 sq. ft. , with two existing residences. A. Site Plan. B. Tentative Map. C. Plan A Elevations and Floor Plan. D. Plan B Elevations and Floor Plan. E. Plan C Elevations and Floor Plan. 2. Lots 15 - 18 are deleted from the site plan. 3. A variance is granted as requested to the minimum area requirements under the Planned Unit District for a residential development. 4. At least 30 days prior to filing a final subdivision map, building permits or grading plan, a revised site plan shall be submitted for the review and approval of the Zoning Administrator and shall include the documents listed below: A. A report from a qualified arborist on the site plan providing recom- mendations to protect the existing oak trees on Lots 8 and 12 during the construction and post-construction stages. The arborist's recom- mendations shall be integrated into the site design and construction program. B. An acoustic study shall be prepared to assure a day-time interior noise level of not more than 45 dBA on the CNEL Scale. The study shall consider noise generated by traffic from Center Avenue and from overhead aviation traffic using Buchanan Field. The acoustic recom- mendations shall be incorporated into the design of the project. C. The revised site plan shall provide for a minimum 15 foot setback from Center Avenue. D. Driveways should be flared to allow opportunities for on-street park- ing between units. E. A final landscape plan shall be submitted prepared by a qualified landscape architect that is certified in compliance with the County policy for drought-tolerant plants. The plan shall address road frontage and alternative frontyard landscape plans. All frontyard landscaping shall be installed by the developer prior to issuance of occupancy permits. F. Interior and exterior fence designs. z. 5. Activities within the subject area shall be subject to the R-6 zoning dis- trict. 6. Covenants, Conditions and Restrictions shall be submitted prior to filing the Final Subdivision Map for review and approval of the Zoning Adminis- trator. ' The document shall establish design restrictions and parameters over yard space and exterior elevations. 7. All garages shall be constructed with automatic sectional doors. B. Prior to filing a final map, comply with the following airport compatibil- ity requirements; A. A avigation easement over the entire site shall be dedicated to the County. B. A buyer disclosure document shall be submitted alerting prospective home buyers that the site is subject to airport overflight by aviation traffic using Buchanan Field. 9. Noise generating construction activities shall be limited to the hours of 7:30 A.M. to 6:00 P.M. , Monday through Friday, and shall be prohibited on State and Federal holidays. The restrictions on allowed working days may be modified on prior written approval by the Zoning Administrator. 10. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 _ feet of the exterior` boundary of the project site and to the homeowners associations of nearby residential projects that construction work will commence. The no- tice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for noise and litter control shall be expressly identified in the notice. The notice shall be re-issued with each phase of major grading activity. A copy of the notice shall be transmitted to the Community Development De- partment. The notice shall be accompanied by a list of the names and ad- dresses of the property owners noticed, and a map identifying the area no- ticed. 11. A dust and litter Eontrol program shall be submitted for the review and approval of the Zoning Administrator following review by the Building s J 3. Inspection Department. Dust shall be kept down by watering which shall be accomplished by a watering truck on site or from hydrants on site. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. Construction work shall not be allowed to resume until , if necessary, an appropriate construction bond has been posted. 12. A phasing schedule labeled Site I and Site II is approved as shown on the tentative subdivision map. Any modification is subject to approval by the Zoning Administrator. 13. 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. Conformance with the Ordinance includes the following requirements: 1. Constructing road improvements along the frontages of "C" Street, First Avenue, and Blackwood Avenue. Constructing curb, 4-foot 6-inch sidewalk (width measured from curb face) , necessary longitudinal and transverse drainage, and necessary pavement widening along the frontages will satisfy this requirement. When widening the pavement, the existing pavement shall be cut to a neat line along an existing adequate structural section. The widening shall commence at that line. An exploratory trench or pothole may be required to determine the limits of pavement widening. 2. Additional street lighting is not required. This property has already been annexed to County Service Area L-100 for maintenance of street lights. 3. Undergrounding of all utility distribution facilities. 4. Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility which conveys the storm waters to a natural watercourse. 5. Designing and constru ting storm drainage facilities required by the Ordinance in compliance with specifications outlined in Di- vision 914 of the Ordinance and in compliance with design stan- dards of the Public Works Department. 6. Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. s` 4. 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. 8. Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. B. Relinquish abutter's rights of access along Center Avenue. C. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. 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. E. Prior to issuance of building permits, file the Final Map for Subdi- vision 7394. ADVISORY NOTES A. This project may be subject to the requirements of the Department of Fish & Game. The applicant should notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. This project may also be subject to the requirements of the Army Corps of Engineers. The applicant should notify the appropriate dis- trict of the Corps of Engineers to determine if a permit is required and if it can be obtained. B. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Pacheco Area of Benefit as adopted by the Board of Supervisors. RD/GA/aa/df RZV/2859-RZC.RD 12/6/89 12/12/89 - P/C Revisions (v)