HomeMy WebLinkAboutMINUTES - 04101990 - T.2 T.'2
TO: BOARD OF SUPERVISORS Contra
FROM: Harvey E. Bragdon n' C�AIa
Director of Community Development r County
DATE: March 21, 1990
SUBJECT: Hearing on Rezoning Application #2849-RZ, to rezone 16. 4 acres of land
from General Agriculture (A-2) to Planned Unit District (P-1) ,
fronting for approximately 504 feet on the south side of State Highway
4 approximately 1, 550 feet westerly of the Cypress Road intersection
in the Oakley area, filed by Bellecci & Associates (Applicant) and
Silvio Del Antico (Owner) (APN 035-282-027) .
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Approve Rezoning Application #2849-RZ, along with Development
Plan 3022-89 and Subdivision 7365, as recommended by the East
County Regional Planning Commission, including conditions of
approval. (Exhibit A attached)
3 . Adopt the East County Regional Planning Commission' s findings
as set forth in Resolution No. 15-1990, as the determination
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 SIGNATURE-
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA OF ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON April 10, 1990 APPROVED AS RECOMMENDED X OTHER
This is the time heretofore noticed by the Clerk of the Board of Supervisors
for hearing on the above matter. The public hearing was opened and 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. 90-28 is
INTRODUCED, reading waived, and April 17, 1990 is set for adoption of same.
VOTE OF SUPERVISORS
X I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT I, 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 April 10, 1990 '
Bellecci & Associates PHIL BATCHELOR, CLERK OF
Silvio Del Antico THE BOARD OF SUPERVISORS
Grand Development A,hM, COUN ADMINISTRATOR
Public Works-Tom Dudziak
County Counsel BY_4DEPUTY
Assessor
Oakley Fire Protection District
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Conditions of Approval for Rezoning 2849-RZ
1. This application is approved subject to conditions listed below.
2. Applicant shall submit full size elevations of proposed units for review
and approval of the Zoning Administrator prior to issuance of building
permits.
3. The number of residential units shall not exceed 129. Lot #1 shall be
eliminated from the project.
4. Prior to the issuance of Building Permits, the applicant shall submit sam-
ples of colors and exterior materials for review and approval of the Zoning
Administrator. The residences shall be of neutral color and complementary.
5. Lighted house numbers visible from a public or private roadway are required
for each residence.
6. Prior to issuance of building permits, applicant shall submit landscape
plans for a typical frontyard, prepared in accordance with the County's
Water Conservation policies. Drought-resistant, native species shall be
used to the greatest extent possible.
7. All frontyard landscaping shall be installed prior to occupancy. Front yard
landscaping shall be maintained by the applicant until occupancy.
8. Frontyard landscapes shall include a minimum of one fifteen gallon street
tree for each parcel , together with turf and shrubbery. Turf shall be
limited to 20% of the lot area or less.
9. Setbacks shall be varied between 17.5 to 25 feet. Applicant shall demon-
strate to the satisfaction of the County Zoning Administrator that design
criteria have been included within the subdivision to generally relieve
visual monotony of front yard appearances.
10. The knuckle at the intersection of "E" and "E" Street shall be eliminated
and a road taper developed.
11. Provide a suitable right of way to Contra Costa County between "E" Street
and the Contra Costa Canal and build a Class I bicycle path in that area
subject to Zoning Administrator approval .
AB/df
rz13:2849-rzc.ab
2/21/90
Revised 2-26-90
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Conditions of Approval for Final Development Plan 3022-89 °
1. This application is approved as shown on the revised Final Development Plan
dated received by the Community Development Department on October 17,
1989.
2. Applicant shall submit full size elevations for review and approval of the
Zoning Administrator prior to issuance of building permits.
3. The number of residential units shall not exceed 129. Lot #1 of the
proposal shall be deleted.
4. The Conditions of Approval for Rezoning 2849-RZ and Tentative Map 7365
shall apply and be fulfilled, as necessary and appropriate, prior to the
filing of the Final Map or issuance of building permits for this project.
5. Prior to the issuance of Building Permits, the applicant shall submit sam-
ples of colors and exterior materials for review and approval of the Zoning
Administrator. The residences shall be. of neutral color and complementary.
6. Lighted house numbers visible from a public or private roadway are required
for each residence.
7. Prior to issuance of building permits, applicant shall submit landscape
plans for a typical frontyard, prepared in accordance with the County's
Water Conservation policies. Drought-resistant, native species shall be
used to the greatest extent possible. Turf area shall be limited to 20% of
the front yard area or less.
The developer shall provide the neighboring residential property owners to
the south and east suitable 15 gallon, fast growing trees. The minimum
number of trees shall reflect the number of trees needed to plant a row of
trees on 20 foot centers along the propertys' common property line(s) .
8. All frontyard landscaping shall be installed prior to occupancy. Front yard
landscaping shall be maintained by the applicant until occupancy.
9. Frontyard landscapes shall include a minimum of one fifteen gallon street
tree for each parcel , together with turf and shrubbery.
10. Structure setbacks shall be varied between 17.5 and 25 feet subject to
Zoning Administrator review and approval . The residences on Lots 68
through 78 shall be setback 17.5 feet only. Applicant shall demonstrate to
the satisfaction of the County Zoning Administrator that design criteria
have been included within the subdivision to generally relieve visual
monotony of front yard appearances.
11. 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.
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12. 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
budget hearings and after the pending elections of the general community on
the question of additional police services.
13. 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 plans shall
be operative prior to final inspection by the Building Inspection Depart-
ment.
14. The applicant shall add the following to the deed of each newly created
parcel :
"This document should 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
spraying occurring regularly, noise associated with farm equipment and
aerial crop dusting, agricultural burning, together with animals and
flies on surrounding properties. This 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."
15. Applicant shall construct solid wood fences along the north and east edge
of the large parcels between this project and Cypress Rd. The latter
fencing shall be implemented with appropriate landscaping, in order to
buffer the large lots from this development subject to approval of the
Zoning Administrator. Fencing shall be designed to stand up in sandy soil
and fence design shall be subject to Zoning Administrator review and
approval .
16. Applicant shall construct good neighbor-style fences along the rear prop-
erty lines between all new lots. Fences shall be designed to stand up in
sandy soil .
17. Applicant shall comply with the Park Dedication Ordinance through payment
of fees. In addition the applicant shall construct a park area at the
northeast corner of the site. Applicant shall be responsible for
establishment of a Homeowner's Association to maintain this and any other
common areas of the development. The park area shall include at least a
half basketball court or some. other active play area acceptable to the
Zoning Administrator.
18. The applicant shall set up the homeowners association to maintain the
parking bays and landscaping in other common areas. An 8 foot wide bicycle
trail shall be built from the edge of '.'E" Street to the edge of the Contra
3
Costa Canal property in an area acceptable to Zoning Administrator. The
sides of the bicycle path shall be suitably landscaped if space warrants.
19. The project (Subdivision 7365 and 3022-89) shall be restricted by a decla-
ration 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 California State Real Estate Commis-
sioner and enforce them. The CC&R's shall contain at least the following
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) 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, operate 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, the 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 jurisdiction to
enforce the provisions of this declaration. Should the County prevail
in any such 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.
D. 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 Ws.
4
To the extent possible the applicant shall provide to and deposit with
the Architectural and Maintenance Committee, within 6 months of the
time the majority of its governing directors are elected by resident
homeowners, a base line sum to be determined upon review and approval
of the Zoning Administrator which will be restricted to being used to
fund enforcement of these CC & R's by said association.
20. Execute a deferred improvement agreement to construct a Class I bicycle
path (Caltrans standards) within the Flood Control District's right of way
on the east side of the canal along the properties frontage on the canal .
Improvement plans for the Class I bicycle path shall be submitted to the
Public Works Department for review and approval and the deferred improve-
ment agreement shall be executed with the Public Works Department.
21. Comply with drainage, road improvement, traffic and utility requirements as
follows:
A. Prior to issuance of building permits, file the Final Map for Subdivi-
sion 7365.
22. Construct a Class I bicycle path (8 feet wide) between "E" Street and
Contra Costa Canal . The bicycle path shall be placed within an acceptable
right of way. The sides of the path shall be properly landscaped if .space
warrants.
23. The knuckle at the intersection of "E" and "E" Street shall be eliminated
and a road taper developed.
24. Grading shall be done so as to minimize the effect of dust on Contra Costa
Canal . No undercutting of the canal shall be allowed. Drainage shall be
away from the canal . A fence, if needed, acceptable to the Contra Costa
Water District shall be constructed along the canal frontage with this
site.
AB/df
rz13:3022-89c.ab
2/21/90
Revised 2/26/90
EE U A
Conditions of Approval for Subdivision 7365
1. This application is approved as shown on the revised Tentative Map dated
received October 17, 1989 by the Community Development Department.
2. The number of lots shall not exceed 129. Lots 1 of the proposal shall be
deleted.
3. Front yard and other common areas of landscaping shall be installed prior
to occupancy. Landscaping shall be maintained by the applicant until
occupancy.
4. The Conditions of Approval for Rezoning 2849-RZ shall apply and be
fulfilled, as necessary and appropriate, prior to the filing of the Final
Map or issuance of building permits for this project. The property shall
be rezoned Planned Unit District (P-1) prior to filing the Final Map.
5. At least 45 days prior to recording a Parcel Map, issuance of Building De-
partment permits, a grading permit, or installation of improvements or
utilities, submit a preliminary geotechnical (geology, soil , and founda-
tion) report meeting the requirements of Subdivision Ordinance Section
94-4.420 for review and approval of the Planning Geologist. Improvement,
grading, and building plans shall carry out the recommendations of the ap-
proved report.
6. Geotechnical report shall include evaluation of the potential for
liquefaction, seismic settlement or other seismically-induced ground
failure by methods appropriate to conditions discovered during subsurface
investigation.
7. Record a statement to run with deeds to the parcels of this subdivision
acknowledging the approved geotechnical report by title, author (firm) , and
date, calling attention to approved recommendations, and noting that the
report is on file for public review in the Community Development Department
of Contra Costa County.
8. 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 plans shall
be operative prior to final inspection by the Building Inspection Depart-
ment.
9. The applicant shall add the following to the deed of each newly created
parcel :
"This document should 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
spraying occurring regularly, noise associated with farm equipment and
aerial crop dusting, agricultural burning, together with animals and
2
flies on surrounding properties. This 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."
10. 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
budget hearings and after the pending elections of the general community on
the question of additional police services.
11. 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.
12. Applicant shall construct solid wood fences along the north and east edge
of the large parcels between this project and Cypress Rd. The latter
fencing shall be implemented with appropriate landscaping, in order to
buffer the large lots from this development subject to the approval of the
Zoning Administrator. Fencing shall be designed to stand up in sandy soil
and fence design shall be subject to Zoning Administrator review and
approval .
13. Applicant shall construct good neighbor-style fences along the rear prop-
erty lines between all new lots. Fences shall be designed to stand up in
sandy soil .
14. Applicant shall comply with the Park Dedication Ordinance through payment
of fees. In addition the applicant shall construct a park area at the
northeast corner of the site. Applicant shall be responsible for
establishment of a Homeowner's association to maintain this and any other
common areas of the development. The park area shall include at least a
half basketball court of some other active play area acceptable to the
Zoning Administrator.
15. The applicant shall set up the homeowners association to maintain the
parking bays and landscaping in other common areas. An 8 foot wide bicycle
trail shall be built from the edge of "E" Street to the edge of the Contra
Costa Canal property in an area acceptable to the Zoning Administrator.
The sides of the bicycle path shall be suitable landscaped if space
warrants.
16. The project (Subdivision 7365 and 3022-89) shall be restricted by a decla-
ration 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 California State Real Estate Commis-
sioner and enforce them. The CC&R's shall contain at least the following
provisions:
3
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) 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, operate 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, the 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 jurisdiction to
enforce the provisions of this declaration. Should the County prevail
in any such 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.
D. 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 Ws.
To the extent possible the applicant shall provide to and deposit with
the Architectural and Maintenance Committee, within 6 months of the
time the majority of its governing directors are elected by resident
homeowners, a base line sum to be determined upon review and approval
of the Zoning Administrator which will be restricted to being used to
fund enforcement of these CC & R's by said association.
17. Should archaeological materials be uncovered during grading, trenching or
other on-site excavations(s) , earthwork within 30 yards of these materials
LSKN n f f W
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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 mitigations(s) , if deemed necessary. The
applicant shall comply with the report recommendations.
18. Grading shall be done so as to minimize the effect of dust on Contra Costa
Canal . No undercutting of the canal shall be allowed. Drainage shall .be
away from the canal . A fence, if necessary, acceptable to the Contra Costa
Water District shall be constructed along the canal 's frontage with this
site.
19. 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. Construct pavement widening and frontage improvements along State
Highway 4. The frontage improvements will include drainage im-
provements, a 5 foot wide meandering sidewalk, pavement widening
and the construction of the half-width of the 16' planned future
median, in accordance with the plan approved by the Public Works
Department.
2. Along the Cypress Road frontage, construct approximately 10'
pavement widening, 4'6" sidewalk and drainage improvements, in
accordance with the plan approved by the Public Works Department.
3. Relinquish abutter's rights of access along State Highway 4.
4. Installing street lights on State Highway 4 and Cypress Road. The
final number and location of the lights shall be determined by
the County Traffic Engineer. This property has already been an-
nexed to County Service Area L-100 for maintenance of the street
lights. If the property is not already annexed, the applicant
shall apply for annexation.
5. Apply for annexation to County Landscaping District LL-2 for in-
stallation and maintenance of landscaping and irrigation im-
provements on State Highway 4 and Cypress Road. Landscaping and
irrigation improvement requirements shall be consistent with the
requirements under Subdivision #7163.
6. Install all new utility distribution services underground.
7. Submit a sketch plan to the Public Works Department, Road Engi-
neering Division, for review showing all public road improvements
5
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.
8. Conveying all storm water entering or originating within the
subject property to a natural watercourse having definable bed
and banks or an adequate storm drainage facility.
9. Apply for annexation of the property to Drainage Area 300 for the
maintenance and operation of the areas drainage facilities. An-
nexation process shall be completed prior to the filing of the
final map or issuance of a building permit.
10. Construct within the property limits line A-7 in accordance with
the Drainage Area 30 A plan.
11. Provide an acoustical analysis and construct mitigation measures
for State Highway 4 noise impacts based on horizon year traffic,
in accordance with the plan approved by the Public Works Depart-
ment.
12. All interior subdivision roads shall be dedicated to the County
and constructed to the County standards, in accordance with the
plan approved by the Public Works Department.
20. Construct a Class I bicycle path (8 feet wide) between "E" Street and
Contra Costa Canal . The bicycle path shall be placed within a suitable
right of way. The sides of the path shall be properly landscaped if space
warrants.
21. The knuckle at the intersection of "E" and "E" Street shall be eliminated
and a road taper developed.
The following statements are not Conditions of Approval for Development Plan
3022-89 or Subdivision 7365. The developer, however, should be aware of them
prior to issuance of building permits.
A. Building Inspection Department:
1. Soil report required.
2. Grading permit required. Due to the location of nearby homes, grading
shall be restricted to 8 A.M. to 6 P.M. Monday to Friday, excluding
holidays. Dust shall be controlled.
3. Noise construction activity shall be conducted between 8 A.M. to 6
P.M. Monday to Friday, excluding holidays.
B. Comply with the requirements of the Oakley Water District.
6
C. Comply with the requirements of the Oakley Sanitary District.
D. Comply with the requirements of the Oakley Fire Protection District as
outlined in their letter dated September 7, 1989.
E. Public Works Department:
1. The applicant will be required to comply with the drainage fee re-
quirements for Drainage Area 30 a as adopted by the Board of Supervi-
sors.
2. The applicant will be required to 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.
AB/TSK/df
rzl3:sub7365c.ab
2/21/90
Revised 2/26/90