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HomeMy WebLinkAboutMINUTES - 04241990 - 2.4 C ,,,., 2. 4 tra BOARD OF SUPERVISORS ^ Costa FROM: Harvey E. Bragdon, "• Director of Community Development. DATE: 22 February 1990 SUBJECT: REZONING - 2814-RZ & Development Plan ((3033-88 - Paul Wang Enterprises, Inc. (Appliacent) - Ed Biggs (Owner) - To rezone 2.2 acres from R-7 to M-12 and APPROVAL of Development Plan ((3033-88 , to have a 24-unit multiple family residential development - E1 Sobrante area. (S.D. II ) Parcel ()430-152-003 & 052. SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation for this project as being complete and adequate. 2. Approve rezoning application 2814-RZ and Development Plan #3033- 88 as recommended by the County Planning Commission. 3. Adopt the County Planning Commission' s findings as set forth in Resolution No. 9-1990, as the determination for these actions. 4. Introduce the Ordinance giving effect to the aforesaid rezoning; waive reading and set the date for adoption of same. BACKGROUND/JUSTIFICATION FOR RECOMMENDATION: CONTINUED ON ATTACHMENT: YES SIGNA 4:-. RECOMMENDATION OF COUNTY ADMINISTRATOR RECCP 0F711O APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON April 24 , 1990 APPROVED AS RECOMMENDED x OTHER x _ On April 10, 1990, the Board of Supervisors deferred to this date the decision on the recommendation of the Contra Costa County Planning Commission on the request ( 2814-RZ) by Paul Wang Enterprises, Inc. (applicant) and Ed Biggs (owner) to rezone 2. 2 acres of land from Single Family Residential District (R-7 ) to Multiple Family residential (M-12) and for approval of Development Plan 3033-88 for a 24 unit multiple family residential development with variances in the E1 Sobrante area. Karl Wandry, Community Development Department, commented on meetings with the neighbors as well as the developers. He also addressed the concerns expressed by the neighbors including drainage, access road and vehicle congestion, lowering of the house values and density. He commented on the staff recommendation that there be no more than seven units on the panhandle which is in keeping with the General Plan for the density for single family residential and to have those units adjusted subject to Zoning Administrator approval into the area where they can be maintained under the General Plan at low density multiple units. He further recommended that the Board accept the environmental document, approve the rezoning application, development plan, deny the appeal and adopt the findings as amended to reflect the no more than seven units on the panhandle and introduce the ordinance. 1. \1 Supervisor Fanden commented on the mitigations for the project, and moved approval of the staff ' s recommendations with all the conditions mentioned by Mr. Wandry for the further protection of both the applicants and residents in the area. IT IS BY THE BOARD ORDERED that recommendations 1, 2 with amended conditions (Exhibit A attached) , 3 as amended by the Board of Supervisors, and 4 are APPROVED; and as in recommendation 4, Ordinance No. 90-29 is INTRODUCED, reading waived, and May 1, 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 AMSTED April 24 , 1990 Paul Wang Enterprises PHIL BATCHELOR, CLERK OF Ed Biggs THE BOARD OF SUPERVISORS Public Works-Tom Dudziak D COUNTY ADMINISTRATOR Assessor West County Fire Protection Dist. By 11 Aij o , DEPUTY 2 . CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3033-88 1. Development shall be generally as shown on the revised tentative site plan dated received October 26, 1989 by the Community Development Department and on the revised elevation drawings and floor plans dated received April 17, 1989 except as modified by the following conditions of approval . 2. Prior to the issuance of a building permit, elevations and architectural design of buildings and structures shall be subject to final review and approval by the County Zoning Administrator. The roofs and exterior walls of the buildings shall be free of such objects as air conditioning equip- ment, television aerials, etc. , or they shall be screened from view. The buildings and structures shall be finished in wood. 3. The total number of units shall not exceed 22. No more than 7 units shall be established on the panhandle portion of the site subject to Zoning Administrator review and approval . 4. This approval is subject to adoption of an ordinance for the rezoning of the subject property under application 2814-RZ. The final number and lay- out of units shall reflect the Boards approval . 5. This approval is good for one year. Extensions of time to establish this development of up to 6 years from the date of approval of any companion subdivision may be granted. Such extensions shall �be -three- years in length. If a subdivision is not applied for then only one-one year exten- sion can be granted. 6. Comply with landscaping requirements as follows: A. A landscaping program 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 esti- mate shall be submitted with the landscaping plans. B. California native species shall be used as much as possible. All trees shall be 15 gallon size, all shrubs shall be 5 gallon size. Trees should be of drought tolerant type. Each unit shall have at least one suitable shade tree in its backyard. C. The detailed plan for the proposed play area for children shall be reviewed and approved by the Zoning Administrator. A walkway shall extend through or along the side of the play area. D. A erosion prevention landscape plan and cost estimate shall be sub- mitted for the review and approval of the Zoning Administrator with advise of the Planning Geologist for all cut or fill areas. The plan shall be submitted and approved prior to issuance of a grading permit for the site. E. The Zoning Administrator shall review and approve the street trees type for the access road. Street trees shall be planted on both sides 2 of the access road and shall be sufficiently close together to create significant shade when mature. F. The Zoning Administrator shall review and approval solid wood perime- ter fences plans for the site. Each unit shall have a fenced rearyard. If neighboring owners are agreeable a modification of the type of fencing to a brown tinted cyclone fence with wood slats can be used. The fence shall be 6 feet tall . G. Units within 5 feet of each other shall have a trellis between them for vine type of plants. The design shall be reviewed and approved by the Zoning Administrator. The trellis shall be made of non-combust- ible materials acceptable to the local fire district. H. There shall be a four foot wide planter along the north-westerly side of the access road. 7. The site lighting shall be of low intensity and shall be deflected to shine only onto the site. The lighting of the recreational area shall be re- viewed and approved by the Zoning Administrator at least 30 days prior to issuance of a building permit. 8. Each unit house shall have address numbers that are clearly visible day and night to the access road which may require illumination. 9. Sewage disposal serving the properties concernedin this application shall be provided by the West Contra Costa Sanitary District. Each individual living unit shall be served by a separate sewer connection. The sewers located within the boundaries of the properties concerned should become an integral part of the West Contra Costa Sanitary District's sewage collec- tion system. 10. 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, should be- come an integral part of the East Bay Municipal Utility District's overall water distribution system. Each individual living unit shall be served by a separate water connection. 11. Comply with the requirements of the West County Fire District including provision for water supply and fire hydrants, as determined by the Dis- trict. 12. Guest parking spaces #19-24 shall be eliminated and replaced by landscaping. This parking area shall be moved to the area between Units #16 and #17. 13. The access road and driveways shall be paved so as to prevent ponding of water or the creation of dust. The access road shall be posted "No Park- ing" with a suitable number of signs. L 3 14. Comply with the requirements of the Planning Geologist as follows: A. Building Department permit plans shall carry out recommendations of the Preliminary Geotechnical Report by Diablo Soils Engineers dated February 28, 1987. B. Record a statement to run with the deed to the property acknowledging the report by title, author (firm) , and date, calling attention to recommendations on pages 9 through 15, and noting that the report is on file for public review in the Community Development Department of Contra Costa County. 15. 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. 16. The name of the access drive shall be approved by the Community Development Department and the Fire District. 17. A 4' wide sidewalk shall be required along one side of the access drive from the sidewalk on Appian Way to the area of Unit #22. 18. Each unit shall be equipped with a roll up automatic- opening garage door. 19. Provide a public utility easement so that the property to the southeast can connect to the sewer without needing a lift pump. 20. 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. Conformance with Division 914 includes the follow- ing requirements: 1. 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. 2. Designing and constructing storm drainage facilities required by Division 914 in compliance with specifications outlined in Divi- sion 914 and in compliance with design standards of the Public Works Department. B. Construct downstream mitigation improvements on San Pablo Creek equivalent to this projects impact, subject to the review and approval ��NI� � � Q 4 of the Public Works Department; or, execute a bonded Road Improvement Agreement requiring the applicant to construct drainage mitigation improvements equivalent to at least $.15 per square foot of impervious surface area. The applicant shall only be required to construct the above drainage mitigation improvements if the work can be done in conjunction with that of one or more other developers and if the County specifically requires the applicant to participate in the mit- igation work within 12 months of issuance of a Building Permit for the proposed development. C. Construct curb, 4'-foot 6"-inch sidewalk (width measured from curb face) , necessary longitudinal and transverse drainage, and necessary pavement widening along the frontage of APN #430-152-051 and 430-152-052 on Appian Way. The face of curb shall be placed 32 feet from the centerline. D. Additional street lighting is not required. This property has already been annexed to County Service Area L-100 for maintenance of street lights. E. Construct a 24-foot paved roadway to current County private road standards, within a 30 foot easement, to serve the subject property. Beyond unit #1 the road may be narrowed to 22 feet. F. Construct the on-site driveway system to current County private road standards with a minimum width of 18 feet. G. Install all new utility distribution services underground. H. Install safety related improvements on Appian Way (including traffic signs and channelization) as approved by the Public Works Department. I . 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. J. 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 plans shall 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. EKH D 7 A 5 K. Convey to the County, by Offer of Dedication, additional right of way on Appian Way as required for the planned future width of 80 feet. 21. The following variance is approved. It meets the requirements of Section 26-2.2006 of the County Ordinance: (A) units up to 30 feet tall may be erected within 20 feet of a Single Family residential zone (50' setback required) . 22. Grading or noisy construction shall be conducted on the site from 8:00 a.m. to 5:00 p.m. Monday through Friday except on National holidays. 23. Establish a home owners association to monitor maintenance of the site. 24. This project may be subject to the requirements of the Department of Fish & Game. The applicant shall 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. The following statements are not conditions of approval . However, the developer should be aware of them prior to requesting grading or building permits. A. Comments of the West Contra Costa Sanitary District: (1) Improvement plans require District approval . (2) Sewer mains and appurtenances must be constructed to nearest available existing District facility. (3) Appropriate permit and connection fees to be paid prior to connection to main. (Fee estimate prepared upon submittal ) . (4) WCCSD approval is required prior to finalizing permit or prior to granting certificate of occupancy. (5) A minimum 10' easement shall be granted to the District along all public sewer mains even in public or private roadways. (6) Geotechnical review may be required if the developer wants to dedicate the sewer main to the District. B. Developer must comply with the Park Dedication Fee Ordinance. C. Building Inspection comments: (1) Preliminary soils investigation report required. (2) Supervised grading required. EMD ff Q 6 (3) Grading permit required. D. Public Works Department: (1) The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the El Sobrante Area of Benefit as adopted by the Board of Supervisors. (2) The applicant will be required to comply with the drainage fee re- quirements for Drainage Area 73 as adopted by the Board of Supervi- sors. (3) The property is in Underground Utility District No. 21. Some coordi- nation with the District may be necessary. Additional information can be obtained from Bob Faraone of the Public Works Department, Road En- gineering Division, at (415) 646-4470, extension 252. AB/GA/df dp5:3033-88c.ab 9/18/89 10/13/89 10/26/89 11/01/89 - Rev.P/C (v)