HomeMy WebLinkAboutMINUTES - 04021991 - H.6 Contra H.6
TO: BOARD OF SUPERVISW%S � C✓W►a
noM: Harvey E. Bragdon CO^
Director of Community Development
DATE: February 15, 1991
SUBJECT: Hearing on appeal of Rezoning Application 02758-RZ and Subdivision 7031,
filed by A.D. Seeno Company (Applicant & Owner) tn rezone 60.3 acres
from General Agricultural District (A-2) to Single Family Residential
R-10 for the purpose of dividing the 60± acres into 173 residential lots
(APN 034-100-002, and 034-230-001) .
SPECIFIC REQUEST(S) OR RECONKINDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Deny the appeal and uphold the decision of the East County
Regional Planning Commission and approve Rezoning 2758-RZ and
Subdivision 7031 with attached conditions.
BACKGROUND
The applicant/owner is appealing Condition #8 of Subdivision 7031,
requiring a 5 acre public park per the adopted Oakley Parks
Masterplan. This would eliminate 16 lots (Lots 141-156) as shown
on the tentative map. No park fees would. be required for the
project.
The East County Regional Planning Commission in approving the park
as part of :.he project had the support of the local park committee
and the Oakley Municipal Advisory Committee (OMAC) . In the
original proposal for Subdivision 7031, prior to being amended, it
included a proposed park.
The Oakley Park Masterplan adopted December 14, 1987, has since
been incorporated in the recently adopted County General Plan. The
Park Plan projects the park requirements by neighborhood and a
minimum 5 acres would be required at the vicinity of this proposal,
which is a suitable size for maintenance as a public park.
:ONTINUED ON ATTACHMENT: V/' YES SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION F BOARD COMMITTEE
_ APPROVE OTHER
13.GNATURE(S) :
►CTION .OF BOARD ON Aril 2, 1991 APPROVED AS RECOMMENDED OTHER X
On March 19, 1991, the Board of Supervisors continued to this
date• the hearing on the recommendation of the East County Regional
Planning Commission on the request (2758-RZ) of A.D. Seeno
Construction Company (applicant and owner) to rezone 60.3 acres of
land from General Agricultural (A-2) to Single Family Residential
District (R-10) and Subdivision 7031 for the purpose of subdividing
into 173 residential lots in the Oakley area; and
On March 19, 1991, the Board of Supervisors continued to this
date the hearing on the appeal by Albert D. Seeno Construction Company
from the decision of the East County Regional Planning Commission on
the request by the A.D. Seeno Construction Company (applicant and
owner) for approval of a vesting tentative map to divide 60.3 acres
(44.4 acres net) into 173 single family lots (Subdivision 7031) in the
Oakley area.
1.
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Karl Wandry, C,imunity Development Departi. at, advised that both
these matters could be heard at the same time. He presented the staff
report on the rezoning request and the appeal of the condition on the
subdivision relative to the provision of a five acre park site and he
recommended that the Board accept the environmental documentation as
adequate, approve the rezoning application as recommended by the East
County Regional Planning Commission, adopt the Planning Commission
resolution, introduce the ordinance, and set a date for adoption of
same. Mr. Wandry advised that the appeal on the subdivision was on
one item, the provision of a five acre park site, and he commented on
a proposed alternative that the Boarddenythe appeal and impose
modified conditions to indicate that -the Seeno Corporation will
reserve the five acre parcel, receive credit for 1. 39 acres with a
reimbursement as other projects come in to provide the five acre park.
Supervisor Schroder requested clarification on the proposed
condition relative to the park site.
Mr. Wandry responded to Supervisor Schroder ' s request.
Supervisor Torlakson requested clarification on the reimbursement
mechanism, and the issue of park fees.
Mr. Wandry responded to Supervisor Torlakson's request.
Supervisor Schroder commented that this is a prime example of how
in-lieu fees should be used.
Mr. Wandry also advised that the location of the park should be
subject to Zoning Administrator review.
The public hearing was opened and the following person appeared
to speak:
Minnis D. Patterson, 4021 Port Chicago Highway, Concord,
representing A.D. Seeno Company, expressed concurrence with denial of
the appeal based on the substitution of the condition and he commented
on issues including ingress and egress to the project, and agreement
to a secondary access.
Mitch Avalon, Public Works Department, commented on the
conditions relative to secondary access and improvement of Bolton
Road.
Supervisor McPeak suggested a park consortium to consolidate park
efforts and recommended a formal referral of the issue to Oakley
Municipal Advisory Committee to determine with the Community
Development Department if the consortium is feasible.
Mr. Patterson indicated agreement with participation in a park
consortium and he requested relief from the front yard landscaping
requirement during the drought emergency.
The Board discussed the issue of the front yard landscaping.
Mr. Wandry suggested an alternative that the condition stay
subject to review at the time the building permits are pulled for the
Zoning Administrator to report to the Board as to the status and what
solutions might be available at that time.
Supervisor McPeak suggested that the conditions have a
requirement for compliance with the anticipated landscape ordinance
that will impact single family homes, limited turf and no more than
ten percent non-drought resistant planting.
The public hearing was closed.
2.
Supervisor Torlakson moved approval of the staff recommendations
including the road access adjustments and additional conditions
regarding Zoning Administrator report back to the Board on the status
of the landscaping and the drought, and a deed notice on landscaping,
drought and water conservation standards. Supervisor Torlakson also
moved to refer the issue of the parks consortium to the Community
Development Department and the Oakley Municipal Advisory Committee for
review and report to the Board sometime this summer.
IT IS BY THE BOARD ORDERED that recommendations 1 and 2 with
amended conditions (Exhibit A attached) are APPROVED; and the issue of
a park consortium is REFERRED to the Community Development Department
and Oakley Municipal Advisory Committee for review and recommendation
to the Board.
VOTE OF SUPERVISORS
X I HEREBY CERTIFY THAT THIS IS A
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 2, 1991
A.D. Seeno Company PHIL BATCHELOR, CLERK OF
Public Works-St-eve Wright THE BOARD OF SUPERVISORS
Assessor ANOU'17�r�MINI STRATOR
Oakley Fire Protection Dist. 31Y rim. I .
4 49. DEPUTY
BT:plp
3.
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR SUBDIVISION 7031
1 . This application is approved subject to the property being rezoned from A-2 to R-10
(County File #2758-RZ).
2. The request to subdivide the 60.3 acre parcel is approved for a maximum of 173 lots
0 73 units proposed) subject to the vesting tentative map dated received by the
Community Development Department on August 21, 1990. The following conditions
require compliance prior to filing of the final map unless otherwise indicated.
Variances for lot width, depth and area are approved so that 173 lots can be created
along with a 5 acre park.
3. Submit a preliminary development plan indicating project phasing and proposed housing
units.
4. Front yard setbacks for future residences shall be staggered. At least 30 percent of
the lots shall have residences set back the minimum required by R-10 zoning plus 7
feet unless precluded by shallow lots.
5. At least 25 percent of the lots shall have residences with side entry garages unless
precluded by narrowed lots.
6. Each residence shall have lighted house numbers, visible from a public or private
roadway.
7. 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 and each front yard.
B. A minimum of one 15-gallon street tree for each lot.
C. Fence design and locations shall be shown on the plans.
D. This landscape plan shall be implemented or bonded prior to occupancy subject
to review and approval of the Zoning Administrator. Due to the current drought
situation, any request to defer landscaping installation shall be reviewed by the
Zoning Administrator. The Zoning Administrator shall report to the Board of
Supervisors regarding the request and his recommendation.
E. All landscaping shall be maintained by the applicant until occupancy, or, in the
case of common areas,until annexation to a Landscaping Lighting District. The
applicant shall be required to annex when the District is formed.
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8. The applicant shall dedicate land for the purposes of a 5 acre public park south of
Carpenter Road. As a minimum, the park land shall generally consist of Lots 141 to
156, Goldenwater Court and Cloverridge Court. The exact location and dimensions of
the park shall be subject to the approval of the Community Development Department.
A portion of the park (1 .26 acres) shall be used to meet the park dedication
requirements. The remaining 3.74 acres may be credited against the developers' park
dedication requirements on other nearby subdivisions and/or the applicant may receive
reimbursement from other developments in the area at the fee amount of $1,350 per
lot or such amount that may be approved by the Board of Supervisors in the future.
The Zoning Administrator shall review and approve park development and landscape
plans. These plans shall be submitted prior to recording the final map for the site.
Park landscaping and facilities shall be installed and built prior to occupancy of
residences on this site. No park fees shall be required for this project.
9. On the provision of police service, the applicant agrees to vote their property into a
"special tax area" for police service.
10. Provide for a child care facility in conformance with Chapter 82-22, "Child Care
Facilities," of the County Code. Child care assessment shall include the parcels (17)
in Subdivision 7581 .
11 . Prior to the issuance of building permits:
a. The applicant shall submit a traffic study with recommendations to mitigate
level of service (LOS) impacts to comply with the requirements of the
congestion management plan ("Measure C"). The study should include the
following components:
L Perform signal warrant/LOS analysis for intersections along O'Hara
Avenue and Laurel Road assuming occupation of all approved projects
that are not yet constructed, plus this project.
ii. Identify transportation improvements needed to upgrade LOS to
Measure C standards, and compare these improvements with the
improvements listed in the County Road Improvement Program.
iii. Verify that developer fees will be sufficient to construct the necessary
improvements.
b. The applicant shall submit a detailed Transportation Systems Management
(TSM) Plan for review and approval of the Zoning Administrator. The approved
TSM Plan shall be operative prior to final inspection by the Building Inspection
Department.
12. The applicant shall show proof that water and sewage service is available prior to
recording the Parcel Map.
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13. 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."
14. 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.
15. At least 60 days prior to recording a Final Map, issuance of Building Department
permits, or installation of improvements or utilities, submit a preliminary soils,geology,
and foundation report for review and approval of the Planning Geologist. The report
shall include evaluation of earthquake induced liquefaction and/or seismic settlement.
Improvement, grading and building plans shall implement recommendations of the
approved report. Final Map shall cite the approved report.
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. Undergrounding of all utility distribution facilities.
2. 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.
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3. Construct Line A of the Drainage. Area 30A plan to Cypress Road.
4. Design and construct a storm drain system to pick up runoff entering
the property from west of the Crystalbrook Court - Cloverridge Court
area.
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. The Ordinance prohibits the discharging of concentrated storm waters
into roadside ditches.
8. Installing, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
9. 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.
10. Submitting a Final Map prepared by a registered civil engineer or
licensed land surveyor.
B. Convey to the County, by Offer, of Dedication, right of way along the roads
shown on the Vesting Tentative Map as shown on the that Map and as
modified by these.Conditions of Approval.
C. All half width roads shall be constructed to at least a 28-foot road width within
a 40-foot right of way.
D. Construct an alternate access for this subdivision, aside from the extension of
Carpenter Road to O'Hara Road, by constructing a 28-foot wide road within a
40-foot wide minimum right of way to public road standards from the
subdivision to either Laurel Road or Highway 4. Constructing the extension and
improvements to Bolton Road, should they ultimately be approved, will satisfy
this condition. Where this road intersects Laurel Road or Highway 4, construct
safety related improvements (including traffic signs and channelization) and
entrance tapers in accordance with CALTRANS Highway Design Manual Figure
405.7, as approved by the Public Works Department, Road Engineering
Division.
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E. Furnish proof to the Public Works Department, Engineering Services Division,
that legal access to the property is available from Laurel Road or O'Hara
Avenue.
F. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
G. 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.
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 7031.
J. Apply to the Public Works Department for annexation of this property to
Drainage Area 300 for the maintenance and operation of the drainage area's
drainage facilities.
K. Realign the southerly portion of Rose Avenue north of Bolton Road to align with
the easterly property line of this property to Ordinance Code arterial road
standards.
L. Construct road improvements onsite and offsite along Bolton Road to provide
at least a 28-foot pavement width within a 40-foot right of way to Ordinance
Code arterial road standards to State Highway 4. Construct the portion of
Bolton Road at State Highway 4 to a 44-foot road width within a 64-foot right
of way to provide for additional turning movements. Prior to the filing of the
final map, the offsite improvements to Bolton Road shall be designed by the
applicant's engineer to the extent that impacts of the improvements can be
readily identified for each affected property along the road. A public hearing
will be held at OMAC with all properties within 300 feet of Bolton Road being
notified. The proposed project and any alternatives will be presented at the
public hearing. The item will be brought before the Planning commission for
determination if the improvements are to be built or the condition rescinded.
M. Cul de sacs shall be constructed to County public road standards.
N. Provide deed notification and signing to inform prospective property owners
that Stonewood Way, Crystalridge Way, Carpenter Road, Rose Avenue,
Cloverbrook Avenue, Cloverridge Court, Bolton Road and Bayberry Way(to the
east) may be extended in the future.
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0. Extend Cloverridge Court to the.Sherman property.
P. Install street lights within this Subdivision and annex 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.
0. Comply with the requirements of Measure "C".
R. Rose Avenue shall be constructed as a 28-foot road within a 40-foot right of
way to be dedicated by Offer of Dedication. The ultimate road shall be 40-feet
wide and the ultimate right of way shall be 60-feet wide.
S. Eliminate the knuckle on Gooseberry Court and Amberwood Court. The roads
and lotting pattern shall be modified subject to the review of the Public Works
Department, Road Engineering Division, and the review and approval of the
Zoning Administrator.
T. Drainage improvements shall include construction and installation of Drainage
Area 30A and Drainage Area 30B improvements acceptable to the Flood
Control Engineering Division.
U. Landscape Rose Avenue and Carpenter Road and apply to the Public Works
Department for annexation to Lighting and Landscaping District AD 1979-3 (LL-
2) for the maintenance of the landscaping and irrigation facilities.
V. Construct Carpenter Road offsite from the westerly boundary of the
subdivision to O'Hara Road as a 28-foot wide road in a 40-foot wide
minimum right of way. These road improvements shall be constructed
to County public road standards and in cooperation with Subdivision
7539.
17. Applicant shall provide deed notification to the purchaser of each parcel that they are
required to comply with the County water conservation ordinance on any yard areas
fronting on public streets.
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. Comply with the requirements of the Oakley Sanitary District.
C. Comply with the requirements of the Oakley Fire Protection District .
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D. Comply with the requirements of the Health Services Department, Environmental
Health Division.
E. Comply with the requirements of the Building Inspection Department. Building permits
are required prior to the construction of most structures.
F. Comply with the School Impact Fee requirements of the Oakley Union School District
and the Liberty Union High School District.
G. 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.
H. 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.
I. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 30A and Drainage Area 30B as adopted by the Board of Supervisors.
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.
K. 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.
L. The applicant will be required to pay an environmental review fee of $1,275 for the
Department of Fish and Game at the end of the appeal period. Failure to do so will
result in fines. In addition, the approval is not final or vested until the fee is paid. A
check for this fee shall be submitted to Contra Costa County for submittal with the
final environmental documents.
ME/jn
sub 19:7031 c.me
9/20/90
10/1/90
10/8/90
4/2/91 (bos/jn)
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