HomeMy WebLinkAboutMINUTES - 03191991 - H.7 •.:� l./l.Jl Il� H. 7
TO: BOARD OF SUPERVISORS
Costa
FROM: Harvey E. Bragdon
Director of Community Development
DATE: October 9, 1990
SUBJECT: Hearing on Rezoning Application 12709-RZ to rezone 34.25 acres of lan
from General Agricultural District (A-2) to Planned Unit District
(P-1) , located at the northeast quadrant of Empire Road and Carpenter
Road, in the Oakley area, filed by Signature Properties (Applicant)
and Woodhill Development, Inc. (Owner) (APN 034-020-001, 002 and 003)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) a BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Approved Rezoning Application 12709-Rz, along with Development
Plan 13009-87 and Subdivision 6882, as recommended by the East
County Regional Planning Commission, including attached
conditions.
3 . Adopt the East County Regional Planning Commission's findings
as set forth in Resolution No. 62-1990 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 AZTACHIEENT: YES SIGNA
RECOffiMENDATION OF COUNTY ADMINISTRATOR RECOffi END !!O OF COM
APPROVE OTEOER
SIGNATURE(S) :
ACTION OF BOARD ON March 19, 1991 APPROVED AS RECONXE2WED X OTHER
On February 26, 1991, the Board of Supervisors continued to this
date the hearing on the recommendation of .the East County Regional
Planning Commission on the request of Signature Properties (applicant)
and Woodhill Development, Inc. (owner) to rezone 34. 25 - acres of land
from General Agricultural (A-2) to Planned Unit District (P-1)
( 2709-RZ) , for approval of Final Development Plan 3009-87 to construct
84 single family residences, and for approval of a vesting tentative
map to divide 34. 25 acres into 84 single family lots and a park site
(Subdivision 6882) in the Oakley area.
Karl Wandry, Community Development Department, presented the
staff report on the proposal, advising of the staff recommendation
that the Board accept the environmental documentation prepared for the
project, approve the applications as East County Planning Commission
recommended to the Board, adopt the findings of the Planning
Commission, introduce the ordinance and set a date for adoption of
same.
Supervisor Torlakson requested clarification on the issue of park
fees.
Mr. Wandry responded to Supervisor Torlakson' s request.
1.
The public hearing. was opened and no one appearing to speak, the
public hearing was closed.
On recommendation of Supervisor Torlakson, recommendations 1, 2,3 ,
and 4 are APPROVED; and as in recommendation 4, Ordinance No. 91-12 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 TARN AND ENTERED ON THE
ABSENT: ABSTAIN: IMMTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development Dept. ATTESTED March 19, 1991
Signature Proper`t-ies PHIL BATCHELOR, CLERK OF
Woodhill Development, Inc. THE BOARD OF SUPERVISORS
Public Works-Steve Wright AN COUN Y ADMINISTRATOR
Assessor
Oakley Fdre Protection Dist. BY •
County Counsel ' DEPUTY
CONDITIONS OF APPROVAL FOR SUBDIVISION 6882 AND DEVELOPMENT PLAN 3009-87
1. This application is approved subject to the property being rezoned from A-2 to P-1
(County Fite #2709-RZ).
2. The request to subdivide the 34.25-acre parcel is approved for a maximum of 83 lots
subject to the vesting tentative map dated received by the Community Development
Department on September 20, 1990. The following conditions require compliance
prior to filing of the Final Map. Uses in this subdivision shall conform to those allowed
in the R-15 zoning district.
3. Submit a revised final development plan showing proposed housing units, floor plans,
exterior elevations, finish and color of materials and staggered setbacks.
A. Front yard setbacks for future residences shall be staggered. At least 25 of the
units shall have residences setback the minimum required by R-15 zoning plus
7 feet.
B. At least 21 of the units shall have residences with side entry garages.
C. Each residence shall have lighted house numbers, visible from a public or
private road.
4. Submit a landscaping plan for review and approval of the Zoning Administrator in
conformance with the County's water conservation policies. The plan shall include:
A. Landscaping along all street setbacks, Parcel A, and each front yard.
Landscaping shall conform to the Oakley Landscape guidelines.
B. A minimum of one 15-gallon street tree for each lot.
C. Fence design and locations shall be shown on the plans. A sound wall shall be
installed on Empire Avenue. Mounding shall be used to keep height lower
subject to review and approval of the Zoning Administrator. The Zoning
Administrator shall review and approve perimeter fence design. Fence shall be
designed to standards in sandy soil.
D. This landscaping plan shall be implemented or bonded prior to occupancy.
E. All landscaping shall be maintained by the applicant until occupancy or, in the
case of the common areas/park sites, until annexation to a Landscape Lighting
District or Park District. The applicant shall be required to annex into either
district when they are formed. New home owners shall be notified by deed
notification of this fact.
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• 5. The applicant shall dedicate parklands for a public park as generally shown on the
vesting tentative map. The exact dimension of the park shall be subject to the
approval of the Community Development Department.
6. On the provision of police services, the applicant agrees to vote their property into a
"special tax area" for police services.
7. Provide for a child cave facility in conformance with Chapter 82-22, "Child Care
Facilities" of the County Code.
S. Prior to recording the final map,the abandoned gas well on Parcel A,now Lot 63,shall
be properly capped per State law. Written verification of this shall be submitted from
the appropriate State regulatory agency.
9. The applicant shall show proof that water and sewage service is available prior to
recording the Final Map. .
10. The following statement shall be recorded at the County Recorder's Office for each
parcel to notify future owners of the parcels that they own property in an agricultural
area:
"This document shall 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; burning associated with agricultural
activities; noise associated with farm equipment and aerial crop dusting
and certain animals and flies may exist on surrounding properties. This
statement 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."
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 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.
12. R-15 zoning regulations shall apply for all future structures on development within this
subdivision unless expressly shown as an exception on the revised final development
plan.
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13. At least 60 days prior to issuance of grading or building permits, and prior to filing a
• Final Map, submit a preliminary geology, soil, and foundation 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. Grading and building plans shall implement recommendations
of the approved report. Final Map shall cite the approved report.
14. This project (Subdivision 6882 and Development Plan 3009-87) shall be restricted by
a declaration of covenants, conditions and restrictions (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 Commissioner and providing
for an Architectural and Maintenance Committee to administer 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 resolution(s) adopted by the
Board of Supervisors which approve the tentative 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
facilities, improvements, equipment and landscaping in substantial compliance
with the aforesaid approvals for the project (including Parcel A).
C. A statement that any new construction, reconstruction or exterior modification
shall conform to the requirements of Contra Costa County.
D. A statement substantially in the following form:
'The County of Contra Costa (or any city successor in interest)
is hereby given the supervisory jurisdiction over the enforcement
of the provisions of this declaration 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 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 an pay to the
County its costs (including attorney's fees and all other involved
County staff time). Nothing contained herein shall limit any other
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right or remedy which the County may exercise by virtue of
authority contained in ordinance or State law.
E. A statement in the CC&R's providing authority for Association to collect the
costs from the owners of the property within said project of any required
maintenance, enforcement of the CC&R's or to reimburse the County for
enforcement.
F. To the extent possible, the applicant shall provide to and deposit with the
Architectural and Maintenance Committee, at the time the majority of its
governing directors are elected by resident homeowners, the sum of $8,500
which will be restricted to being used to fund enforcement of these CC&R's by
said association.
15. Parcel A shall be owned by the property owners within Subdivision 6882.
16. 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. Constructing curb,six-foot six-inch sidewalk(width measured from curb
face), necessary longitudinal and transverse drainage, pavement
widening and a half-width median island (including surface treatment)
along the frontage of Empire Avenue. In lieu of construction of the
median island,the applicant can contribute an equivalent contribution to
a Road Improvement Fee Trust (819200-0800). This portion of Empire
Avenue has an inadequate vertical alignment. The applicant will be
required to reconstruct Empire Avenue along the frontage of this
property in a manner acceptable to the Public Works Department, Road
Engineering Division. If it is not feasible to reconstruct this portion of
Empire Avenue at this time,the applicant shall be required to install the
ultimate curb, sidewalk and interim drainage improvements and
contribute the cost of the ultimate pavement widening, engineering
costs, additional drainage improvements and conforms to a Road
Improvement Fee Trust (Fund No. 819200-0800) designated for road
improvements in this area.
2. installing street lights 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.
Street lights shall also be installed on Carpenter Road.
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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. Compliance with this requirement will
require the construction of portions of Drainage Area 36A planned
drainage facilities or alternative storm drain improvements 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 standards of the Public
Works Department.
6. Verifying that all finished floor elevations are above the 100-year flood
elevation.
7. 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.
8. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
9. Constructing curb, four-foot six-inch sidewalk (width measured from
curb face),necessary longitudinal and transverse drainage,and approxi-
mately 28 feet of pavement widening along the frontage of Carpenter
Avenue. However, Carpenter Avenue has an inadequate vertical
alignment with inadequate sight distance for anticipated traffic. The
applicant will be required to reconstruct the existing roadway as
necessary to provide an adequate alignment.
B. Convey to the County, by Offer of Dedication,additional right of way on Empire
Avenue and Carpenter Road as required for the planned future widths., as
shown on the Vesting Tentative Map.
C. Relinquish abutter's rights of access along Empire Avenue and Carpenter Road
with the exception of the access roads.
D. 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.
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E. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
F. 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. 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.
G. Apply to the Public Works Department for annexation to the County
Landscaping District AD 1979-3 (LL-2) for the future maintenance of
landscaping and irrigation facilities in median islands,parkways and other areas
("open space" is specifically excluded). New owners shall be notified by deed
notification that the subject property is wihtin a lighting and landscaping
district.
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. Prior to issuance of building permits, file the Final Map for Subdivision 6882.
J. Submit an acoustical analysis prepared by a competent expert which analyzes
the acoustical impacts, based on ultimate widening of the roadways and
ultimate traffic including development of this property,and which recommends
mitigation measures for these impacts. The applicant should be required to
mitigate the acoustical impacts in a manner acceptable to the Public Works
Department, Road Engineering Division, subject to the review and approval of
the Zoning Administrator.
K. Roads which are not constructed to at least a 28-foot road width within a 40-
foot right of way shall not be accepted by the County.
L. Provide for the drainage of the property to the north.
M. The applicant shall annex this property to Drainage Area 300 for the
maintenance of drainage facilities..
N. Comply with the requirements of the East Contra Costa Irrigation District.
Relocate existing irrigation Gne and provide appropriate easements as
necessary.
6. Straighten out the entrance to the subdivision at Empire Avenue subject to
Public Works review and approval, which will increase teh size of lots 64 adn
65. Parcel A shall become , part of Lot 63 all .subject to the review and
approval of the Public Works and Community Development Departments.
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-17. 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.
18. 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. Failure to comply with this condition could lead
to stop work orders for this project.
19. The project sponsor shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers which are in good condition, and 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.
20. 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.
21. Where a lot is located within 300 feet of a high voltage electric transmission line, the
applicant shall record the following notice:
The subject property may be located near a high voltage electric
transmission line. Purchasers should be aware that there is ongoing
research on possible potential adverse health effects caused by the
exposure to a magnetic field generated by high voltage lines. Although
much more research is needed before the question of whether magnetic
fields actually cause adverse health effects can be resolved, the basis
for such an hypothesis is established. At this time no risk assessments
have been made.
ADVISORY NOTES
A. The applicant/owner should be aware of the renewing requirements prior to recording
the Parcel Map or requesting building or grading permits.
B. Applicant shall comply with the Park Dedication Fee Ordinance.
C. Comply with requirements of the Oakley Sanitary District (see attached).
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0. Comply with requirements of the Oakley Fire Protection District (see attached).
E. Comply with the requirements of the Health Services Department, Environmental
Health Division.
F. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
G. Comply with the School Impact Fee requirements of the Oakley Union School District
and the Liberty Union High School District.
H. The project lies within the 100-year flood boundary as designated on the Federal
Emergency Flood Rate Maps. The applicant should be aware of the requirements of
the Federal Flood Insurance Program and the County Flood Plain Management
Ordinance (Ordinance No. 87-65) as they pertain to future construction of any
structures on this property.
I. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 30A as adopted by the Board of Supervisors. 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 said fee. The
developer should contact the Public Works Department to personally determine the
extent of any credit or reimbursement for which he might be eligible.
J. 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.
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 said fee. The developer should contact the Public Works Department to
personally determine the extent of any credit or reimbursement for which he might be
eligible.
WJAWM
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1013190
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10119/90
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