HomeMy WebLinkAboutMINUTES - 03191991 - 2.6 2 . 6
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TO: BOARD OF SUPERVISORS r'3'e C
Costa
FROM: Harvey E. Bragdon, - <` �,
Director of Community Development �J�y ti"�" „y
DATE: February 8, 1991
SUBJECT: APPEAL by the City of Pinole of the County Planning Commission's
Approval of 2898-RZ and Subdivision 17530 - JEDCO ENGINEER
(Applicant) , Gary Grenoble (Owner) & neighboring properties owned by
Hans & Algie Lubinger and Vernon Allsup - El Sobrante area. (S.D. II
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Deny the appeal and sustain the Planning Commission approval of
2898-RZ with the inclusion of both the Lubinger and Allsup prop-
erties and also sustain the Planning Commission's approval of
Subdivision #7530, subject to the conditions of approval.
BOARD OPTIONS:
Option A: Sustain Planning Commission approval decision with
modification. (1) Deny the appeal of the City of Pinole. (2)
Accept the environmental documentation prepared for this project
as being adequate. (3) Approve the rezoning of the site to R-6
including the subject property and the neighboring Lubinger and
Allsup property. (4) ' Direct the Community Development Dept. , to
prepare findings for the Board ,to adopt as the determination for
this action. (5) Introduce the ordinance giving effect to the
aforesaid rezoning; waive reading and set date for adoption of
same. (6) Approve Subdivision #7530 subject to the conditions
of approval by the Planning Commission.
Option B: (1) Deny the appeal of the City of Pinole. (2)
Accept the environmental documentation prepared for this project
as being adequate. (3) Approve the rezoning as recommended by
the County Planning Commission excepting the Lubinger property
leaving that property zoned Neighborhood Business (N-B) . (4)
Adopt the County Planning Commission's findings as set forth in
Resolution No. 9-1991 as the determination for these actigns 4
5. Introduce the ordinance giving effect to the aforesaid
rezoning, waive reading and set forth date for adoption of
same.
6. Approve Subdivision #7530 subject to the conditions of
approval by the County Planning Commission.
Option C•
1. Grant the appeal of the City of Pinole and deny 2898-RZ and
Subdivision #7530.
2. Direct the Community Development Department to prepare-
findings for the Board to adopt as the determination for this
action.
BACKGROUND/JUSTIFICATION FOR PROPOSED ACTION:
The background for this project is reviewed in the Staff Reporter
for the November 27, 1990 County Planning Commission meeting. The
Commission recommended that the Board of Supervisors rezone the
site and the neighboring Allsup property from Neighborhood Business
District (N-B) to Single Family Residential (R-6) . The Lubingers
objected to the rezoning of their property so the Planning Commiss-
ion voted to except them from the rezoning of the area. The site
is designated Single Family Residential high-density on the 1980 E1
Sobrante General Plan and the Countywide General Plan; thus, the
neighborhood business zone is contrary to the General Plan. The
Commission approved Subdivision #7530 subject to the attached con-
ditions.
1.
On December 7, 1990, the City of Pinole appealed the decision of
the County Planning Commission. Their letter of appeal is
attached.
Overall, the City of Pinole wants this project denied and/or
processed under them as lead agency. The site, however, is under
County jurisdiction and has no direct road access to the City of
Pinole. Historically, the County has processed numerous applicat-
ions with the spheres of influence for various cities.
The proposal is in conformance with the County General Plan for the
area which is the operative planning document for the area.
Lots #10 through #13 are located at the end of a cul-de-sac. They
are in conformance with the County Plan and with proposed site
zoning. The diameter of the cul-de-sac will have to comply with
Public Road Standards for the County. The cul-de-sac will have to
have a 35-ft. , paved radius per Article 96-12.4 of the County Sub-
division Ordinance.
It should be noted that Lot #10 will have an area of 16, 061 sq. ft.
In staff's opinion, there will be sufficient vehicle parking space
for the area. Each lot will be developed with a residence with a
two-car garage set back 20-ft. , from the right-of-way line. Thus,
at least four cars could be parked on each lot. In the case of Lot
110, because of the location of existing residence, more than four
cars could be parked on the site.
It should be noted that this development will be required to extend
Balmore Court off site to connect with the end of the County
maintained road, a distance of about 400-feet.
The City of Pinole has stated that the project will contribute to
traffic on Appian Way and the need for police service and mutual
fire protection aid. In staff's opinion, these impacts for such a
small project would be minimal. It should be noted that the area
is largely developed and only a few other minor subdivisions or
small subdivisions can be expected off of Balmore Court.
CONCLUSION•
The decision of the County Planning Commission should be generally
sustained. The neighboring Lubinger property should be included in
the rezoning so that the entire area is properly zoned.
Subdivision 17530 should be approved subject to the conditions of
approval imposed by the County Planning Commission.
CONTINUED ON ATTACHM3KNT: YES SIGNATURE•
U_
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAM COMMITTE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON March 19 , 1991 APPROVED AS RECOMMENDED - x OTHER X
On March 5, 1991, the Board of Supervisors deferred to this date
the decision on the recommendation of the Contra Costa County Planning
Commission on the request by JEDCO Engineers (applicant) and Gary
Grenoble, Hans and Algie Lubinger, and Vernon Allsup (owners)
( 2898-RZ) to rezone a 4.08 acre site from Neighborhood Business (N-B)
to Single Family Residential District (R-6) , along with the inclusion
at the request of staff of two adjoining parcels totalling . 867 acres;
and to consider an appeal by the City of Pinole from the decision of
the Contra Costa County Planning Commission approving Tentative Map
7530 and Rezoning Application 2898-RZ, JEDCO Engineers ( applicant) and
Gary Grenoble, et al (owners) in the E1 Sobrante area.
2.
Karl Wandry, Community Development Department, commented on a
meeting with the City of Pinole and other interested parties, and he
advised of the satisfaction of everyone with the condition that the
cul de sac be a 48 foot radius with a 40 foot radius to the .face of
curb, and the provision of a 6 foot gravel trail, subject to Zoning
Administrator approval as to location, to the shopping center with the
consideration that the shopping center also has to agree to that
condition.
Supervisor Fanden moved the staff recommendation.
Chairman Powers clarified that the motion would be to deny the
appeal of the City of Pinole and to change the conditions accordingly.
IT IS BY THE BOARD ORDERED that Option A ( 1) through ( 5) and ( 6)
with amended conditions (Exhibit A attached) are APPROVED; and as in
Option A ( 5) , Ordinance No. 91-11 is INTRODUCED, reading waived, and
March 26, 1991 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 March 19, 1991
Atten: Art Beresford PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Public Works-Steve Wright r AND OUNTY DMINISTRATOR
City of Pinole
JEDCO Engineers BY , DEPUTY
West County Fire Protection Dist.
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EXHIBIT "A"
CONDITIONS OF APPROVAL FOR SUBDIVISION 7530
1. This application is approved, generally, as shown on the Revised Tentative Map dated
received July 24, 1990, by the Community Development Department. Unless
otherwise noted,the following conditions shall be complied with before filing the final
map. At least 30-days prior to filing a final map or issuance of a grading permit, a
revised site plan will be submitted for the review and approval of the Zoning
Administrator.providing for the following changes:
A. The boundary line between Lots #1 and #2 to widen the frontage for Lot #2.
B. Lots #11, #12 and #13 will be reconfigured into two (2) lots.
C. The road end near Lots #14 and #17 will be reconfigured to improve driveway
access to Lots #14 and #17.
2. Prior to recording the final map for Subdivision 7530,the site shall have been rezoned
to R-6. If the site is not rezoned to R-6, this approval is null and void.
3. With the filing of the Final Map, Covenants, Conditions, and Restrictions (CC&R's)
shall be submitted for review by the Community Development Department.
4. 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 Archaeologists (SOPA) has had an
opportunity to evaluate the significance of the find and suggest appropriate
mitigation(s), if deemed necessary.
5. Sewage disposal serving the properties concerned in 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 shall become an integral part of the West Contra Costa Sanitary
District's sewage collection system.
6. Water supply serving the properties concerned shall be by the East Bay Municipal
Utility District. Each individual living unit shall be served by a separate water
connection. Such water distribution system located within the boundaries of the
properties concerned in this application shall become an integral part of the East Bay
Municipal Utility District's overall water distribution system.
7. Improvement, grading and building plans shall carry out the recommendations of the
report of Abel R. Soares "Additional Geotechnical Investigation" dated July 27, 1990.
S. Prior to issuance of building permits on Parcels 1 through 7, 14, and 17 of this
subdivision, submit an as-graded report of the geotechnical engineer with a map
showing final plan and grades for subsurface drainage,subdrain cleanouts and disposal
or pickup points installed during grading, all as surveyed by a licensed land surveyor
or civil engineer.
9. Concurrently with recordation of the Final Map, record a statement to run with deeds
to each parcel acknowledging the preliminary soil 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.
10. Prior to the issuance of building permits, the applicants shall submit a detailed
Transportation Systems Management (TSM) Plan for review and approval of 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.
11. The portion of the site that is to be transferred to the neighboring property owner shall
be accomplished as part of the Final Map or as a Lot Line Adjustment prior to recording
the Final Map. If it is decided that.the transfer will not take place, then that area shall
be combined with Lot #18. In any case, the driveway serving the existing residence
on the Alsup property shall be re-oriented to intersect the access road for this
subdivision. The driveway shall be paved to a depth of at least 20 feet from the edge
of the access road easement.
12. Street names shall be acceptable to the Community Development Department and the
West Contra Costa Fire District.
13. Prior to recording the Final Map for this site, the applicant shall submit a Landscape
Plan conforming to the County's Water Conservation policies.
A. Native, drought-resistant plants shall be used whenever feasible.
B. A minimum of two 15-gallon street trees for each lot except for Lots #2 and
#10 to be maintained by the applicant until occupancy of the residence. The
Zoning Administrator shall review and approve the street tree planting plan.
C. All landscaping, including front yard landscaping, shall be installed or bonded
prior to occupancy on any new residences on the site.
14. Prior to recording the Final Map,submit an acoustical report by a knowledgeable sound
expert on whether or not a soundwall is needed between this site and the Pinole Vista
Shopping Center. The report shall recommend the height and type of material that
such a wall shall be constructed of. The Zoning Administrator shall review and
approve the design, finish and color of the soundwall if one is required. The rest of the
perimeter of the site shall be fenced with a suitable 6-foot tall solid wood fence.
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15. Prior to issuance of building permits on the lots of the subdivision, the Zoning
Administrator shall review and approve house plans. Houses shall be kept rather small
(1,800 to 2,000 square feet maximum), decks shall be kept close to the ground (less
than 6 feet above ground) and site grading shall be kept to a minimum.
16. Noise generating construction activities shall be limited to the hours of 7:30 a.m. to
5:00 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. Failure to comply with this condition could lead
to stop work orders for this project.
17. The project sponsors 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. Failure to comply with this condition could lead
to stop work orders for this project.
18. A dust and litter control program shall be submitted for the review and approval of the
Zoning Administrator following review by the Building Inspection Department. Dust
shall be kept down by watering which shall be accomplished by a watering truck on
site or from hydrants on site. Failure to comply with this condition could lead to stop
work orders for this project.
19. Residences shall be equipped with illuminated house numbers clearly visible to the
street.
20. Provide a 6-foot wide pedestrian trail between Balmore Circle and the shopping center,
subject to the review and approval of the Zoning Administrator and the granting of
pedestrian access and egress by the shopping center owner. The trail shall be graveled
across its 6-foot width.
21. The following requirements pertaining to drainage, road, and utility improvements will
require the review and approval of the Public Works Department:
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. Chapter 96-10, "Underground Utilities".
Undergrounding of all utility distribution facilities.
An exception to this requirement is granted for the existing structures.
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2. Section 96-14.002, "Improvement of County Streets".
a. Construct Balmore Circle to County road standards.
b. Construct the 25 foot right of way street to County private road
standards.
C. Offsite: Construct Balmore Court to County Road standards (32
feet face of curb to face of curb within 52 feet right of way)
from Balmore Circle to Lindell Drive. The cul-de-sac at the end
of Balmore Circle will have a 48-foot radius right-of-way and a
40-foot radius to face of curb.
d. The intersection of Balmore Circle with Balmore Court will have
20 foot radius curb returns.
3. Section 91.4-2.002, "On-site Collect and Convey Requirements" and
Section 914-2.004, "Off-site Collect and Convey Requirements".
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.
Verifying that the natural water course crossing the eastern portion of
this property is adequate to convey the required design storm (based on
the size of the watershed)and, if necessary,constructing improvements
to guarantee adequacy.
4. Installing street lights on Balmore Circle and Balmore Court from Balmore
Circle to Lindell Drive and annexing the property to County Service Area
L-100 for maintenance of the street lights. The final number and
location of the lights shall be determined by the County Traffic Engineer.
5. 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.
6. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
a. Relinquishing "development rights" over that portion of the site
that is within the structure setback area of the natural water
course crossing the eastern portion of this property. The
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structure setback area shall be determined by using the criteria
outlined in Chapter 914-14, "Rights of Way and Setbacks", of
the Subdivision Ordinance.
b. Installing, within a dedicated drainage easement, any portion of
the drainage system which conveys run-off from public streets.
7. The Public Works Department will review the appropriateness of the
proposed sidewalk along the frontage of Lot #18 and if warranted,
require its removal.
B. Construct the on-site road system to County public road standards and convey
to the County, by Offer of Dedication, the corresponding right of way.
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 permanent, road and drainage
improvements.
ADVISORY NOTES
The following statements are not conditions of approval; however, the developer should be
aware of them prior to requesting building permits.
A. Building Inspection Department:
1. Preliminary soils report required.
2. Grading plans and permits required.
3. House numbers shall be illuminated.
B. West Contra Costa Sanitary District:
Comply with the District's requirements as outlined in their letter dated May 16, 1990,
concerning this subdivision.
C. Public Works Department:
1. The applicant shall apply for a Drainage Permit for any proposed improvements
they would lay within the creek set•back area.
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2. This project may be subject to the requirements of the Department of Fish &
Game. It is the applicant's responsibility to 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.
3. This project may also be subject to the requirements of the Army Corps of
Engineers. The applicant should notify the appropriate district of the Corps of
Engineers to determine if a permit is required and if it can be obtained.
4. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the EI Sobrante Area of Benefit as
adopted by the Board of Supervisors.
D. Comply with the requirements of the Park Dedication Fee Ordinance.
E. West County Fire Protection District:
Comply with the requirements as outlined in their letter, dated May 17, 1990,
concerning Subdivision 7530.
AB/SW/jn
sub21:7530c.eb
11/20/90
11/27/90-Rev.P/C Iv)
4/5/91 -bosQn)
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