HomeMy WebLinkAboutMINUTES - 04031990 - 2.7 2. 7
-TO: BOARD OF SUPERVISORS , '/ Com^ tra
FROM: Harvey E. Bragdon Costa
Director of Community Development Coity
DATE: January 22, 1990
SUBJECT: Hearing on appeal of application #2824-RZ to rezone 5 acres of land
from General Agriculture (A-2) to Single Family Residential District
(R-12) and Subdivision 7232, located approximately 190 feet east of
the intersection of Live Oak Avenue and Tate Lane, in the Oakley area.
The application was filed by Bellecci and Associates (Applicant) and
Richard Cagle and Anita Adams (Owners) (APN 191-140-005, 011, 012,
013) .
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Deny the appeal.
3. Approve Rezoning Application #2824-RZ to R-12 and R-20 as
recommended by the East County Regional Planning Commission.
4. Approve Subdivision 7232 subject to the attached conditions of
approval.
5. Adopt the East County Regional Planning Commission' s findings
as set forth in Resolution No. 1-1990 as the determination for
these actions.
6. Introduce the ordinance giving effect to the aforesaid
rezoning, waive reading and set forth date for adoption of
same.
BACKGROUND AND REASONS FOR RECOMMENDATION
The East County Regional Planning Commission recommended that the
subject rezoning be approved from General Agricultural District .
(A-2) to Single Family Residential District (R-12 with the change
that Lot 1 of Subdivision 7232 be rezoned to Single Family
Residential District (R-20) . The East County Regional Planning
Commission also approved Subdivision 2732 subject to modified
conditions.
On December 22, 1989, seven adjacent property owners appealed the
rezoning and subdivision of the site. Their appeal involved
concerns over buffering of the development from surrounding
properties.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDMITM OF BCAR10 COMMITTEI
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON Ap r i 1 3, 1990 APPROVED AS REED X OTHER X
On March 27, 1990, the Board of Supervisors deferred to this date
the decision on rezoning application 2824-RZ, Subdivision 7232, and
the appeal of Gary Mello et al on rezoning application 2824-RZ and
Subdivision 7232 in the Oakley area.
Supervisor Torlakson requested that this matter be deferred to
the afternoon calendar as he had just received the revised conditions
and the question of a separating wall or fencing location needed to be
resolved.
1,
In the afternoon, Supervisor Torlakson moved approval with the
additional language that had been worked out with the property owners
on conditions nine and ten.
On recommendation of Supervisor Torlakson, IT IS BY THE BOARD
ORDERED that recommendations 1, 3, 4 with amended conditions (Exhibit
. A attached) , 5 and 6 are APPROVED; and as in recommendation 6,
Ordinance No. 90-24 is INTRODUCED, reading waived, and April 10, 1990
is set for adoption of same.
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 April 3, 1990
Bellecci & Assoc. PHIL BATCHELOR, CLERK OF
Richard Cagle THE BOARD OF SUPERVISORS
Anita Adams 1,D COUNTY ADMINISTRATOR
Gary Mello et al n 7
Public Works-Tom Dudziak By % 0 DEPUTY
Assessor
Oakley Fire Protection District
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2.
CONDITIONS OF APPROVAL FOR SUBDIVISION 7232
1. This application is approved based on the Tentative Map submitted to the
Community Development Department dated received March 27, 1990 for not more
than 10 lots. The final map for Subdivision 7232 shall not be recorded
until the property is rezoned to a compatible zoning district (see County
File #2824-RZ) .
2. Prior to recording the final map, the applicant shall submit to the
Community Development Department for review and approval by the County
Zoning Administrator proof that sewer and water service is available.
3. Prior to filing ,the Final Map, street names shall be subject to the review
and approval of the Community Development Department. All residences shall
provide for an address visible from the street, which may require
illumination.
4. 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 equipment 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 property is in an area that 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."
5. 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
according to the Bay Area CPI. Furthermore, the Board of Supervisors shall
review 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.
6. At least 45 days prior to recording a Final Map, issuance of Building
Inspection Department permits, or installation of improvements, submit a
preliminary soil and foundation report meeting the requirements of
Subdivision Ordinance Section 94-4.420. Improvement, grading, and building
plans shall carry out the recommendations of the approved report.
Concurrently with recordation of the Parcel Map, record a statement to run
with deeds to the property acknowledging the approved 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.
7. 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.
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2.
8. 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 allowed on working days may
be modified on prior written approval by the Zoning Administrator.
9. The applicant shall provide a 15 foot wide landscaped area along the north,
east and west boundaries at Lot 2 through 8. Landscaped plans shall be
submitted for review and approval by the Zoning Administrator and installed
prior to occupancy of the proposed residences.
10. Prior to occupancy of the proposed residences, a 6 foot high masonry wall,
at a 5 foot setback, shall be constructed along the east and north
boundaries at Lots 6, 7, 8, and 10. The wall shall extend to the Tate Lane
right-of-way with a height of no more than 3 feet within 25 feet of the
right-of-way. The design of the wall shall be reviewed with the property
owner to the east. Effort shall be made to avoid major elevation differ-
ences with adjacent property that would negate the buffer provided by the
masonry wall. All the above subject to review and approval by the Zoning
Administrator.
11. Buildings on Lots 6, 7 and 8 shall not exceed one-story in height.
12. Prior to the issuance of building permits, the applicant shall submit a
detailed TSM Plan for review and approval by the Zoning Administrator
(unless otherwise required by a TSM Ordinance) . The approved TSM plans
shall be operative prior to final inspection by the Building Inspection
Department.
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 ) . 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.
2) Construct 4-foot 6-inch sidewalk along the Tate Lane frontage of
this property and along the interior roads if and when sidewalk
is constructed to the east of this property along Tate Lane.
3) At the time the deferred improvement agreement is called up,
submit improvement plans, if required, to the Public Works
Department, Engineering Services Division, for review; pay the
inspection fee, plan review fee and applicable lighting fees.
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3.
E. Furnish proof to the Public Works Department, Engineering Services
Division, that legal access to the property is available from Live Oak
Avenue.
F. 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
permanent, road and drainage improvements.
G. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across driveways.
H. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
I. The property owner shall make a formal written request to the County
for annexation of the subdivision to Drainage Area 290 for the mainte-
nance and operation of the drainage area's drainage facilities. The
subdivision must be annexed to the Drainage Area prior to filing of
the Final Map.
J. 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.
K. All interior subdivision streets shall be dedicated to the County and
constructed to County public road standards.
L. Provide a deed restriction along the south side of the Tate Lane right
of way which will not permit access to Tate Lane from the properties
to the south.
ADVISORY NOTES
A. 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 single family residential
and $380 per residential family dwelling unit, respectively.
B. Comply with the drainage fee requirements for Drainage Area 29H as adopted
by the Board of Supervisors. The Drainage Area fee is currently $1,520 per
unit for 10,000 to 13,999 square feet of land per unit and $2,510 per unit
for 30,000 to 39,999 square feet of land per unit.
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C. The applicant shall comply with the requirements of the following agencies:
1. Oakley Fire Protection District.
2. County Building Inspection Department.
3. Oakley Sanitary District.
4. Oakley Water District.
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RZVI/2824-RZC.JH
12/5/89
Revised 12/18/89
Revised 4/3/90
Revised 4/9/90
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