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HomeMy WebLinkAboutMINUTES - 07171990 - H.5 H. 5 TO: BOARD OF SUPERVISORS C ntra Costa FROM: Harvey E. Bragdon Director of Community Development DATE: June 13 , 1990 SUBJECT: Hearing on Rezoning Application #2865-RZ, to rezone 6. 4 acres from General Agricultural District (A-2) to Planned Unit District (P-1 ) fronting for approximately 390 feet on the west side of Empire Avenue, approximately 100 feet north of the northwest corner of Laurel Road and Empire Avenue, in the Oakley area, filed by Bellecci and Associates (Applicant) and Albert D. Seeno, Jr. (Owner) . (APN 041-041-007) 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 #2865-RZ as recommended by the East County Regional Planning Commission, along with Development Plan #3035-89 and Subdivision 7202, including attached conditions. 3 . Adopt the East County Regional Planning Commission' s findings as set forth in Resolution No. 27-1990, 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 SIGNA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND OFCOMMITTEE APPROVE OTHER 160r SIGNATURE(S) : ACTION OF BOARD ON Ju 1 v 17, 1990 APPROVED AS RECO14MMMED X OTHER X This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the East County Regional Planning Commission on the request ( 2865-RZ)( by Bellecci and Associates (applicant) and Albert D. Seeno, Jr. (owner) to rezone land from General Agricultural District (A-2 ) to Planned Unit District (P-1) , along with Final Development Plan #3035-89 for 26 lots, and Tentative Map 7202 to subdivide 6. 4 acres into 26 lots in the Oakley area. Mary Fleming, Community Development Department, presented the staff report on the request before the Board, commenting on the site location, the Planning Commission action, and the staff recommendation that the Board approve the request. The public hearing was opened and the following persons appeared to speak: Howard Hobbs, Oakley Municipal Advisory Council, requested that the condition for a trail be included. i Minnis Patterson, 4300 Railroad Avenue, Pittsburg, representing Seeno Construction Company, expressed concerns including objection to the wording of condition 12, the percentage of units having side entry driveways, and a condition on the Final Development Plan lessening the setbacks in the rear yards, and he requested a variance to reduce the front yard setback. John Joseph, Rt. 1, Box 200 , Oakley, expressed concerns on issues including opposition to the trail on the canal road and hours of construction. The public hearing was closed. Supervisor Torlakson moved to approve the subdivision to allow the front yard/back yard variance that was requested, to keep the 25 percent side yard driveway requirement, the trail issue to include approval by the Zoning Administrator with the location and pro rata share of cost to be worked out, and the application of time limits on hours of construction. IT IS BY THE BOARD ORDERED that recommendations 1, 2 with amended conditions (Exhibit A attached) , 3 , and 4 are APPROVED; and as in recommendation 4, Ordinance No. 90-52 is INTRODUCED, reading waived, and July 24 , 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 July 17, 1990 Bellecci and Associates PHIL BATCHELOR, CLERK OF Albert D. Seeno, Jr. THE BOARD OF SUPERVISORS Public Works-Joan RushtonCO TY ADMINISTRATOR Assessor Oakley Fire Protection District BY ° DEPUTY CONDITIONS OF APPROVAL FOR REZONING 2865-RZ 1. This application- is approved subject to conditions listed below. 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 single family residential units shall not exceed 26. 4. Prior to the issuance of building permits, the applicant shall submit samples 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. 7. All frontyard landscaping shall be bonded or installed prior to occupancy. Frontyard landscaping shall be maintained by the applicant until occupancy. Suitable drought tolerant California native species shall be used as much as possible. 8. Frontyard landscapes shall include a minimum of one 15-gallon street tree for each parcel, together with turn and shrubbery. 9. Frontyard setbacks shall be varied. At least 30% of all residences shall have the minimum setback required by R-7 zoning plus seven feet. 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 frontyard appearances. Residences on Lotsj24 - 26 'may have setbacks reduced to 17 feet. / 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 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. 11. 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 plan shall be operative prior to final inspection by the Building Inspection Department. �12u Ju J Lill • • 2. 12. 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 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." 13. Applicant shall construct good neighbor fences where rearyards directly abut other rearyards and a chain link fence along the canal. Applicant shall work with developer of properties to north to coordinate joint construction of similar good neighbor fences. 14. Comply with drainage, road improvement, traffic and utility requirements as follows: A. Prior to issuance of building permits file the Final Map for Subdivision 7202. ME/aa RZXIII/2865-RZC.ME 2/27/90 -- 7/18/90 7,rn 9, J L• �Cx-ll J CONDITIONS OF APPROVAL FOR FINAL DEVELOPMENT PLAN 3035-89 1. This application is approved subject to conditions listed below. 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 single family residential units shall not exceed 26. 4. The Conditions of Approval for Rezoning 2865-RZ and Tentative Map 7202 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 natural 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. 8. All frontyard landscaping shall be bonded or installed prior to occupancy. Frontyard landscaping shall be maintained by the applicant until occupancy. Suitable drought tolerant California native species shall be used as much as possible. 9. Frontyard landscapes shall include a minimum of one 15-gallon street tree for each parcel, together with turn and shrubbery. 10. Frontyard setbacks shall be varied. At least 30% of all residences shall have the minimum setback required. by R-7 zoning plus seven feet. 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 frontyard appearances. 11. Provide a minimum of 25% of all residences with driveways aligned towards the side of the lots (side entry garages) . 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 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. 13. 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 plan shall be operative prior to final inspection by the Building Inspection Department. 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 regu- larly find farm equipment using local roads, farm equipment causing dust, crop dusting and spraying occurring regularly, noise associated with farm equipment and aerial crop dust- ing, 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 good neighbor fences where rearyards directly abut other rearyards and a chain link fence along the canal. Applicant shall work with developer of properties to north to coordinate joint construction of similar good neighbor fences. 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. Conformance with the Ordinance includes the following requirements: 1. Constructing road . improvements along the frontage of Empire Avenue. Contributing a cash amount to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements to Empire Avenue consisting of constructing curb, 4-foot 6-inch sidewalk (width measured from curb face), necessary longitudinal and transverse , drainage, approximately 20 feet of pavement widening and a half-width landscaped median along the frontage will satisfy this requirement. The amount of contribution shall be based on an estimate prepared by the developer's engineer based on the current, costs of public road improvements and shall include a 7% surcharge for engineering costs. The amount of contribution shall be subject to the review of the Public Works Department, Design Division. Lots along the frontage shall be graded to accept the vertical alignment of Empire Avenue. Vertical alignment information is available in the Design Division of the Public Works Department. f: 2. Installing street lights. The final number and location of the lights shall be determined by the County Traffic Engineer. The property shall be annexed to County Service Area L-100 for main- tenance of the 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. The proposed drainage improvements shall be subJect to the review and approval of the Flood Control District. 5. Designing and constructing storm drainage facilities required by the Ordinance in compliance with specifications outlined in Division 914 of the Ordinance and in compliance with design stan- dards of the Public Works Department. 6. Submitting improvement plans prepared by a registered civil engineer, 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. 7. Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 8. Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. B. Convey to the County, by Offer of Dedication, additional right of way on Empire Avenue as required for the planned future width of 58 feet from the centerline of the road along the frontage. C. Construct the on-site road system to County public road_ standards, as shown on the Tentative Map. D. The street along the westerly edge of the property shall have a mini- mum interim pavement cross section of 28 feet if it is to be accepted by the County. The planned future width for the street is 32 feet in a 52 foot right of way. E. Apply for annexation to County Landscaping District AD 1979-3 (LL-2) for installation and maintenance of landscaping and irrigation improvements for the median, parkways and other areas. The applicant shall maintain landscaping until annexation occurs and final inspec- tion is cleared. EkbTu D, , n F. Noise from Empire Avenue shall be analyzed and mitigated. If sound walls are required for mitigation, the walls shall match those of adjacent subdivisions. G. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. H. 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. I. Submit a sketch plan to the Public Works Department, Road Engineering Division, for review showing all public road improvements prior to starting work on the improvement plans. J. Prior to issuance of building permits, file the Final Map for Subdi- vision 7202. 17. 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. 18. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and to locate stationary noise-generating equipment such as air compressors and concrete pumpers as far away from existing residences as possible. 19. 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 notice 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 Department. The notice shall be accompanied by a list of the names and addresses Of the property owners noticed, and a map identifying the area noticed. ADVISORY NOTES A 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. L • B. The applicant will be required to comply with the drainage fee requirements for Drainage Areas 29C and 29H as adopted by the Board of Supervisors. C. Certain improvements required by the Conditions of Approval for this development or the County Subdivision Ordinance Code may be eligible for credit or reimbursement against Area of Benefit and Drainage Area fees.' The developer should contact the Public Works Department to personally determine the .extent of any credit or reimbursement for which he might be eligible. ME/aa RZXIII/3035-89C.ME 2/27/90 GA/df 4/17/90 Revised 5/14/90 7/18/90 U�IT!� U'U, Q CONDITIONS OF APPROVAL FOR SUBDIVISION 7202 1. This application is approved subject to conditions listed below. 2. The number of lots shall not exceed 26. 3. Landscaping shall be installed prior to occupancy. . Landscaping shall be maintained by the applicant until occupancy. Suitable drought tolerant California native species shall be used for landscaping as much as possi- ble. 4. The Conditions of Approval for Rezoning 2865-RZ shall apply and be fulfiiled, 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 prior to filing the Final Map. 5. At least 30 days prior to issuance of grading or building permits, and prior to filing a Final Map, submit a preliminary geology, soil and founda- tion report for review and approval of the Planning Geologist. The report shall evaluate the potential for damaging earthquake-induced liquefaction or settlement of structures, roads, utilities or other improvements. Improvement, grading and' building plans shall implement recommendations of the approved report. Final Map shall cite the approved report. Record acknowledgement of the approved report concurrently with recordation of the Final Map. 6. 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. 7. 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 regu- larly find. farm equipment using local roads, farm equipment causing dust, crop dusting and spraying occurring regularly, noise associated with farm equipment and aerial crop dust- ing, 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." 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 review the assessment amount and adjust it to a higher level as conditions U;.L,LL'UL 2. 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. 9. Applicant shall submit street names for all streets within subdivision, subject to review and approval of the County Zoning Administrator. 10. Applicant shall construct good neighbor fences where rearyards directly abut other rearyards and a chain link fence along the canal. Applicant shall work with developer of properties to north to coordinate joint construction of similar good neighbor fences. 11. 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 of 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. The applicant shall comply with the report recommendations. 12. Enter into a deferred agreement to participate in the construction costs for a bicycle trail along the Contra Costa Canal. The terms of the agreement shall be subject to the review and approval of the Zoning Administrator. 13. Comply with drainage, road improvement, traffic and utility requirements as follows: A. In accordance with Section 92-2.0.06 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 frontage of Empire Avenue. Contributing a cash amount to a Road Improvement Fee Trust (Fund No. 819200-0800) designated for road improvements to Empire Avenue consisting of constructing curb, 4-foot 6-inch sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, approximately 20 feet of pavement widening and a half-width landscaped median along the frontage , will satisfy this requirement. The amount of contribution shall be based on an estimate prepared by the developer's engineer based on the current costs of public road improvements and shall include a 7% surcharge for engineering costs. The amount of contribution shall be subject to the review of the Public Works Department, Design Division. Lots along the frontage shall be graded to accept the vertical alignment of Empire Avenue. Vertical alignment information is available in the Design Division of the Public Works Department. r 3. 2. Installing street lights. The final number and location of the lights shall be determined by the County Traffic Engineer. The property shall be annexed to County Service Area L-100 for main- tenance of the 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. The proposed drainage improvements shall be subject to the review and approval of the Flood Control District. S. Designing and constructing storm drainage facilities required by the Ordinance in compliance with specifications outlined in Division 914 of the Ordinance and in compliance with design stan- dards of the Public Works Department. 6. Submitting improvement plans prepared by a registered civil engineer, 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. 7. Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 8. Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. B. Convey to the County, by Offer of Dedication, additional .right of way on Empire Avenue as required for the planned future width of 58 feet from the centerline of the road along the frontage. C. Construct the onsite road system to County public road standards, as shown on the Tentative Map. D. The street along the westerly edge of the property shall have a mini- mum interim pavement cross section of 28 feet if it is to be accepted by the County. The planned future width for the street is 32 feet in a 52 foot right of way. E. Apply for annexation to County Landscaping District AD 1979-3 (LL-2) for installation and maintenance of landscaping and irrigation im- provements for the median, parkways and other areas. The applicant shall maintain landscaping until annexation occurs and final inspec- tion is cleared. LL hi �, 4. F. Noise from Empire Avenue shall be analyzed and mitigated. If sound walls are required for mitigation, the walls shall match those of adjacent subdivisions. G. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. H. 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. I. Submit a sketch plan to the Public Works Department, Road Engineering Division, for review showing all public road improvements prior to starting work on the improvement plans. J. Prior to issuance of building permits, file the Final Map for Subdi- vision 7202. ADVISORY NOTES A. 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. B. The applicant will be required to comply with the drainage fee requirements for Drainage Areas 29C and 29H as adopted by the Board of Supervisors. C. Certain improvements required by the Conditions of Approval for this development or the County Subdivision Ordinance Code may be eligible for credit or 'reimbursement against Area of Benefit and Drainage Area fees. The developer should contact the Public Works Department to personally determine the extent of any credit or reimbursement for which he might be eligible. D. Comply with the requirements of the Contra Costa Water District. E. Comply with the requirements of the Oakley Water District. F. Comply with the requirements of the Oakley Sanitary District. ME/aa RZXIII/7202C.ME 2/27/90 GA/df 4/17/90 Revised 5/14/90 7/18/90 r " _,I� W