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HomeMy WebLinkAboutMINUTES - 04021991 - H.7 H. 7 C<)ntra TO: ..,,,BOARD OF SUPERVISORS ti Costa FROM: Harvey E. Bragdon Director of Community Development CO^ DATE: October 9, 1990 SUBJECT: Hearing on Rezoning Application 12916-RZ, to rezone 7.1 acres of land from General Agricultural District (A-2) to Planned Unit District (P-1) , located south of Laurel Road and east of O'Hara Avenue (no frontage on either street) , in the Oakley area, filed by A.D. Seeno Construction Company (Applicant & Owner) (APN 034-090-016) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approved Rezoning Application #2916, along with Development Plan #3028-90 and Subdivision 7581, 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. 57-1990 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 ATTACEDUM: YES SIGNA4j RECOMMENDATION OF COUNTY ADMINISTRATOR RECO MMENkATJON OF COMMTTE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Aprii 2, 1991 APPROVED AS RECOMMENDED X 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 of A.D. Seeno Construction company (applicant and owner) ( 2916-RZ) to rezone 7. 1 acres of land from General Agricultural District (A-2 ) to Planned Unit Development District (P-1) , for approval of Final Development Plan 3028-90 to construct 16 single family residences ( 1 existing residence to remain) , and for approval of a vesting tentative map (Subdivision 7581 ) to divide 7. 1 acres ( 5. 9 acres net) into 17 single family lots in the Oakley area. Mary Fleming, Community Development Department, presented the staff report on the proposed project, describing the site and commenting on the negative declaration for this project. she advised of the staff recommendation that the Board accept the Environmental Documentation as adequate, approve the rezoning, development plan and subdivision as recommended by the Planning Commission, adopt the Planning Commission' s findings, and introduce the ordinance. Supervisor Torlakson requested clarification on the park dedication fee issue as related to this project. 1. Mary Fleming responded to Supervisor Torlakson' s request. t Mr. Karl Wandry, Community Development Department, responded also -to Supervisor Torlakson' s request. The public hearing was opened and the following person appeared to speak: Minnis Patterson, 4021 Port Chicago Highway, Concord, representing the A.D. Seeno Construction Company, clarified that this would be a dedication of land for the park. The public hearing was closed. Supervisor Torlakson moved to adopt the staff recommendations. Supervisor McPeak requested clarification of the Child Care requirement on this project. Karl Wandry clarified that this project was not subject to the ordinance but that a flat fee could be added or it could be cumulative with another approval. Supervisor McPeak requested that this project be included with the assessment needs of the 173 unit project heard today also. Supervisor Torlakson amended the motion to include the deed notification on water conservation/drought landscaping, and the inclusion of this project in the child care needs assessment as Supervisor McPeak requested. Mitch Avalon noted that Mr. Patterson had requested a change to the conditions relative to this subdivision and the access issue. Supervisor Torlakson included that amendment to the conditions of approval. 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. 91-17 is INTRODUCED, reading waived, and April 9, 1991 is set for adoption of same. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A _ UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYYES:ES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development Dept. ATTESTEp April 2, 1991 A.D. Seeno Construction Co. PHIL BATCHELOR, CLERK OF Public Works-Steve Wright Assessor THE BOARD OF SUPERVISORS AN Oakley Fire Protection District OMINISTRATOR BY UNT ° DEPUTY EXHIBIT "A" CONDITIONS OF APPROVAL FOR SUBDIVISION 7581 AND DEVELOPMENT PLAN 3028-90 1. This application is approved subject to the property being rezoned from A-2 to P-1 (County File #2916-RZ). 2. The request to subdivide the 7.1-acre parcel is approved for 17 lots 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. 3. Submit a final development plan for review and approval by the Zoning Administrator. The development plan shall contain the following: a. Exterior elevations for residences showing proposed materials, colors and unit variations. b. Front yard setbacks shall be staggered. At least five units shall have residences setback the minimum required by R-15 zoning plus 7 feet. C. At least four units shall have side entry garages. d. Each new residence shall have lighted house numbers, visible from the street. 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 and front yards. 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. 5. On the provision of police service, the applicant agrees to vote their property into a "special tax area" for police service. 6. The applicant shall show proof that water and sewage service is available prior to recording the Parcel Map. 1 7. 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 ianimals and:fiies 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." 8. 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.. 9. At least 60 days prior to recording a Final Map, issuance of Building Department permits, or installation of improvements or utilities,submit a preliminary geology, soils, 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. Record acknowledgement of the approved report to run with property deed concurrently with Final Map. 10. Zoning.criteria for this subdivision shall be the same requirements as R-15 (except for initial lot size). 11. Lot 7 may be divided into a maximum of two parcels. No other lots are subdividable. No more than 18 lots are allowed within the boundaries of Subdivision 7581. 12. 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. An exception to this requirement is granted for the existing house on Lot 7. 2 j2. 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 7a natural.watercourse. 3. Construct Line A of the Drainage Area 30A plan to Cypress Road. 4: 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. 5. The Ordinance prohibits the discharging of concentrated storm waters into roadside ditches. 6., :1 rinstalling;-within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 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. B. Convey to the County, by Offer of Dedication, right of way for the roads within this Subdivision as shown on the Vesting Tentative Map. C. Construct frontage improvements including curb,4-foot 6-inch sidewalk(width measured from curb face), necessary longitudinal and transverse drainage and pavement widening along the roads within this Subdivision as shown on the Vesting Tentative Map. D. Install street lights along the streets 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 street lights shall be determined by the County Traffic Engineer. E. Access to Subdivision 7581 shall be through Subdivision 7031. The final map for Subdivision 7031 must be filed, and the access roads bonded, prior to filing the final map for 7581. Furnish proof to the Public .Works Department, Engineering Services Department that legal access to the property is available through Subdivision 7031 to a public street. 3 F. Prevent -storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveways. G. 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. H. Apply to the Public Works Department for annexation of the property to Drainage Area 30A for the.maintenance and operation of the drainage area's drainage facilities. I. Share in the Bolton Road and alternate access improvements required of Subdivision 7031.- J. Provide deed notification and signing to inform prospective property owners that Stonewood Way may be.extended in the future. K. The applicant shall annex this property to Drainage Area 300 for maintenance of drainage facilities. 13. 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. Project shall meet the requirements of the Park Dedication Fee Ordinance as long as the neighboring project (Subdivision 7031) is required to develop a suitable park. Credit for 5,950 sq. ft. (350 sq. ft. x 17 lots) of park land will be credited to the applicant. C. Comply with the requirements of the Oakley Sanitary District (see attached). D. Comply with the 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. 4 G. Comply with the,-Sohool Impact Fee requirements of the Oakley Union School District and the Liberty,Union High-School District.- H. This project may be subject to!.the requirements of the Department of Fish & Game. It is the applicants-sesponsibility.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. 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. J. The applicant will be required to comply with the drainage fee requirements for Drainage Area 30A as adopted by the'Board of Supervisors. K. 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. 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. M. The applicant will be required to pay an environmental review fee of $1,275 for the Department of Fish and Game at the end of the appeal period. Failure to do so will result in fines. In addition, the approval is not final or vested until the fee is paid. A check for this fee shall be submitted to Contra Costa County for submittal with the final environmental documents. ME/in eub19:7581 c.me 9/20/90 10/1/90 10/23/90 4/2/91 (boe(n) 5 FAX OAKLEY SANITARY DISTRICT Telephone (415) 625-0169_, 3775 Main Street,Suite E - P.Q. Box 1105 - Oakley,CA 94561 (415) 625-2279 r: Community Development Department County Administration. Building 651 Pine—Street, 4th Floor,,. N. Wing Martinez, CAS 94553-0095 c^ Project Planner 'c�P f" GrLi'l�e f' County File No. A9f6-�yo7-r''= "/a The Oakley Sanitary District has the following comments relating to this project. Oakley Sanitary District will provide sewer service to this project subject to capacity available in the collection system and treatment plant at the time of issue of the building_permit. and subject to the following marked conditions. 1. All construction to comply with the conditions and specifications of the Oakley Sanitary District. 2. Payment of all applicable fees as required by ordinance. 3 . Annexation to the Oakle Sanitary District if not within the district boundary. IV .01$;77 V . NST 4. No Comment. Sewer service not requested or required. 5. Sewer service is required per Oakley Sanitary District ordinance, Property is within 150 feet of existing sewer. 6. Other: S .ncerely, f� James Elder District Engineer OAKLEY SANITARY DISTRICT JE/sa je\cdcomments cc: file OAKLEY FIRE PROTECTION DISTRI 1- --- , P.0.Box 207 — Oakley.Califomla 94561 Business Phone (415)625-2119 =: August 9, 1990 Contra Costa County Community Development Department 651 Pine Street, 4th Floor, North Wing Martinez, CA 94553 ATTN: Art -Beres f ord- SUBJECT: Subdivision 7031 [2758 RZ, 3069-87, TR 7031] (WS-90-7031-PD) N jo Rose Ave.� S�f3.,a'Hara Ave.­ Oakley, __ Oakley, CA Dear Mr. Beresford: We ha_ve 'reviewed the Application for a Revised Subdivision, dated .July 17, 1996, .for .tile. subject project. The development is to consist .of a_261 Single-family subdivision located at the above ... .. . _._ . . This project is regulated in part by codes and ordinances ,-administered by this Fire District relative to Contra Costa County' Ordinance 89-71: If approved by your office, we request that the following be included as Conditions of Approval: STANDARD CONDITIONS: 1. The developer shall be ,required to contribute Fire Facility Fees to mitigate operational costs associated with.- increased -service demands throughout the Fire District . Fire Facility Fees are currently set at the rate of $480.00 per individual residential dwelling unit. The developer shall pay all required Fire Facility Fees prior to the issuance of any building permit. - 2. The developer-shall provide an adequate and reliable water supply for fire protection as set forth in the Uni for m--F-ire--Code. _ . _ .. (10.301(c) UFC] 3. The developer- ..shall provide fire hydrants of the East Bay type, as specified by the Fire District (and City Engineering Department) . Location of hydrants will be determined by the Fire District upon submittal of two - (2) copies of a tentative map or site plan. [10.301(c) UFC] 4. The developer .shall provide access roadways with all-weather driving surfaces of not less than 20 feet of unobstructed width, and not less than 131- 6" of vertical clearance, to within 150 feet of all portions of the exterior walls of every building. Access roads shall not exceed 20% grade, shall have a minimum outside turning radius of 42 feet, and must be capable of supporting the imposed loads of fire apparatus (20 tons) . [10.207 (a) UFC] C.C.Co. Com. Dev. Dept, AB8-9 August 9, 1990 Page 2 S. Dead-end fire department access roads in excess of 150 feet long shall be provided with approved provisions for the turning around of fire department apparatus. [10.207 (a) UFC) 6. Access roads and,hydrants shall be installed and in service prior to combustible construction. [10.301(d) UFC) 7. The developer shall provide illuminated addressing located on all buildings in such a manner as to be plainly visible and -legible from the street or road fronting :the, _property. [10.208 UFC) 8. The developer shall maintain Open Space areas in accordance with the minimum weed abatement requirements of the Fire District. [88. 104 FC) _it is requested that a copy of the completed Conditions of Approval for the subject project be forwarded to this office when compiled and adopted by the planning agency. If you have any questions regarding this review, please contact the undersigned at (415) 757.-1303. - Sincerely,. JOE TOVAR Fire Chief By: T"`E1 LUCIDO Supervising Fire 4Inspctlo/r JT:KL:ap cc: A.D. Seeno Construction Co. . . C.C.Co. Building Dept./Fred Fung File (WS-90-7031-PD)