HomeMy WebLinkAboutMINUTES - 05071991 - H.5 FROM: • . Harvey E. Bragdon WbLd H.5
Director of Community Development Courty
DATE: " October 9, 1990
SUBJECT: Hearing on Rezoning Application 12902-RZ to rezone 10.01 acres of lan
from General Agricultural District (A-2) to Planned Unit, District
(P-1) , located at the eastern terminus of East Carpenter Road
approximately 771 feet east of O'Hara Avenue in the Oakley area, file
by Bellecci and Associates (Applicant) and Tonno Catino (Owner) (APN
034-100-006) .
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) is BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this
project as being adequate.
2. Approved Rezoning Application #2902-RZ, along with Development
Plan #3017-90 and Subdivision 7539, as recommended by the East
County Regional Planning Commission, including attached
conditions. 1
3 . Adopt the East County Regional Planning Commission's findings
as set forth in Resolution No. 59-1990 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 SIGNATURE:
)
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOIDIENDAMM OF #&OD COMlIITPE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON May 7, 1991 APPROVED AS RECOMMENDED X OTHER X
On April 23 , 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 Bellecci and Associates (applicant) and
Tonno Catino (owner) ( 2902-RZ) to rezone 10.01 acres of land from
General Agricultural District (A-2) to Planned Unit District (P-1) ,
for approval of Final Development Plan 3017-90 for 23 lots on the
10.01 acre site, and for approval to divide 10. 01 acre site into 23
lots (Subdivision 7539) in the Oakley area.
Karl Wandry, Community Development Department, commented on the
issue of the trail requirement on the north side of Carpenter Road as
recommended by OMAC. Mr. Wandry recommended that the Board ask for
the additional ten feet and if it is not needed in the future it would
be relinquished back to the developer.
The public hearing was closed.
Supervisor Torlakson moved approval of the recommendation.
IT IS BY THE BOARD ORDERED that recommendations 1, 2, with
amended conditions (Exhibit A attached) , 3, and4 are APPROVED; and as
in recommendation 4 , Ordinance No. 91-25 is INTRODUCED, reading
waived, and May 14, 1991 is set for adoption of same.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT II, IV ) TRUE AND CORRECT DOPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINU'S'ES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Public Works
cc: Community Development Dept. ATTESTED May 7, 1991
Bellecci & Assoc. PHIL BATCHELOR, CLERK OF
Tonno Catino THE BOARD OF SUPERVISORS
Assessor AN COUN ADMINISTRATOR
Oakley Fire Protection District
BY , DEPUTY
CONDITIONS OF APPROVAL FOR 2902-RZ, DEVELOPMENT PLAN 3017-90, AND
SUBDIVISION 7539 AS APPROVED BY THE BOARD OF SUPERVISORS
1 . This application is approved subject to the property being rezoned from A-2 to P-1
(County File #2902-RZ).
2. The request to subdivide the 10.01 acre parcel is approved for a maximum of 22 lots,
subject to revision of the Final Development Plan and Vesting Tentative Map dated
received by the Community Development Department on June 15, 1990. The
following conditions require compliance prior to filing of the final map. Uses in this
development shall conform to-the R-15 zoning district.
3. Lots 21 and 22 shall be combined into one lot.
4. Submit a revised 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 between 15 and
27 feet subject to Zoning Administrator review and approval.
B. At least 25 percent of the lots shall have residences with side.entry garages.
C. Each resident shall have lighted house numbers, visible from a public or private
roadway.
5. Submit a landscaping plan for review and approval of the Zoning Administrator in
conformance with the County's Water Conservation policies. The plans shall include:
A. Landscaping along all street setbacks and each front yard. The Zoning
Administrator shall approve landscape plans. Landscaping shall conform to the
Oakley landscape guidelines.
B. A minimum of two 15-gallon street trees for each lot except that corner lots or
double frontage lot shall have at least 4 trees. The triple frontage lots shall
have at least 6 street trees. The Zoning Administrator shall approve street tree
plans.
C. Fence design and locations shall be shown on the plans. The fence shall be
designed to stand up in the sand soil of the site subject to the Zoning
Administrator review and approval.
D. This landscape plan shall be implemented or bonded prior to occupancy.
E. All landscaping shall be maintained by the applicant until occupancy of
residences.
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6. On the provision of police services, the applicant agrees to vote their property into a
"special tax area" for police service.
7. The applicant shall show proof that water and sewage service is available`prior to
recording the parcel map.
8. 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 wy of life in East
Contra Costa County and you should be fully aware of this at the time of purchase."
9. 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.
10. Prior to recording a Final Map, issuance of Building Inspection permits, or installation
of improvements, submit a preliminary geology,soil,and foundation report meeting the
requirements of Subdivision Ordinance Section 94-4.420 for review and approval of
the Planning Geologist. Improvement, grading, and building plans shall carry out the
recommendations of the approved report.
11. Grading plans shall include erosion protection on all slopes five (5) feet or more in
height and gradient steeper than 10 percent (10:1). Protection shall be equal to or
better than hydroseeding with mulch. Hydroseeding shall be as recommended by a
certified landscape architect. Landscaping shall also be submitted by a certified
landscape architect. Landscaping shall also be submitted by a certified landscape
architect using the Landscape Guidelines for the Community of Oakley.
12. 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.
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13. 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. .Failure to comply with this condition could lead
to stop work orders for this project.
14. 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.
15. 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.
16. Street names shall be acceptable to the Community Development Department and the
Oakley Fire Protection District.
17. The following requirementspertaining 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 road improvements along the frontage of East Carpenter
Road. Constructing a 20-foot half-width road with a 4-foot 6-inch
sidewalks, as shown on the Vesting Tentative Map, will satisfy this
requirements.
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.
3) Undergrounding of all utility distribution facilities.
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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. this will require the construction of
portions of the Drainage Area 30A Plan improvements or alternative
storm drain improvements subject to 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 elevations are above the 100-year flood
elevation.
7) Installing, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
8) 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.
9) 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 on East Carpenter
Road as required for the planned future width of 60 feet.
C. 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, as
shown on the Vesting Tentative Map.
D. Furnish proof to the Public Works Department, Engineering Services Division,
that legal access to the property is available from O'Hara Avenue.
E. Improve East Carpenter Road from O'Hara Avenue to the easterly property line
to a minimum 28-foot wide roadway constructed to County public road
standards.
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F. 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.
G. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
H. 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.
I. Prior to issuance of building permits, file the Final Map for Subdivision 7539.
J. Eliminate knuckles on "A" Court and "B" Court. The modified road and lotting
pattern shall be subject to the review of the Public.Works Department, Road
Engineering Division, and the review and approval of the Zoning Administrator.
K. Carpenter Avenue shall be improved to a 28-foot road within a 40 foot right of
way from this subdivision to O'Hara Avenue (to be widened to a 40 foot road
within a 60 foot right of way in the future). The developer of Subdivision 7031
to the east has agreed to share in the cost to construct Carpenter Road offsite
to O'Hara Avenue. If, however, the two developers cannot agree on a cost-
sharing arrangement, then the developer of Subdivision 7539 will have to bear
all the costs to construct the offsite improvements.
L. Prior to filing the Subdivision Map, apply to the Public Works Department for
annexation of the property to Drainage Area 300 for the maintenance and
operation of the drainage area's drainage facilities. The application will require
a metes and bounds description of the property.
M. Install landscaping along the frontage of Carpenter Road and apply to the Public
Works Department for annexation to the County Landscaping District AD 1979-
3 (LL-2) for the future maintenance of the landscaping and irrigation facilities.
New owners shall be notified by deed notification that the subject property is
within a Lighting and Landscaping District.
18. 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.
19. Prior to filing a Final Map, applicant shall offer for dedication to the County a 10-foot
trail easement along Carpenter Road.
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ADVISORY NOTES
The applicant/owner should be aware of the renewing requirements prior to recording the Final
Map or requesting building or grading permits.
A. Applicant shall comply with the Park Dedication Fee Ordinance.,
B. Comply with the requirements of the Oakley Sanitary District as outlined in their letter
dated July 3, 1990.
C. Comply with the requirements of the Oakley Fire Protection District as outlined in their
letter dated July 18, 1990.
D. Comply with the School Impact Fee requirements of the Oakley Union School District
and the Liberty Union High School District.
E. Comply with the requirements of the Building Inspection Department:
1 . Grading permits required.
2. Soils report needed.
3. Illuminated house numbers required.
4. Proper measures to control dust and blowing sand needed.
F. Comply with requirements of the Oakley Water 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. 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.
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I. 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.
AB/aa/jn
SUB21/7539C.AB
10/2/90
10/10/90.
10/19/90
10/22/90 (pw)
5/7/91 (bos/jn)
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