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TO. BOARD OF SUPERVISORS ; C�lJ.7la
FROM: HARVEY E. BRAGDON T Co�
DIRECTOR OF COMMUNITY DEVELOPMENT N.
DATE: 18 March 1992
SUBJECT: REZONING - 2969-RZ, DEVELOPMENT PLAN #3032-91, SUBDIVISION #7445,
The Fariss Hill Group (Applicant/Owner) - Request to rezone 6. 04
acres from Single Family Residential District (R-6) to Planned
Unit Development District (P-1) , Development Plan #3032-91 and
the tentative map for Subdivision #7445 - El Sobrante area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation prepared for this project
as being complete and adequate.
2 . Approve rezoning application 2969-RZ, Development Plan #3032-91
and the tentative map for Subdivision #7445, subject to the con-
ditions of approval of the County Planning Commission.
3 . Adopt the County Planning Commission's findings as. set forth in
Resolution No. 14-1992 as the reasons for your Board's action.
4 . Introduce the ordinance giving effect to the aforesaid rezoning;
waive reading and set date for adoption of same.
BACKGROUND/REASONS FOR RECOMMENDATION FOR RECOMMENDATION:
The proposed rezoning, development plan and tentative map were
heard and recommended for approval by the County Planning Comm-
ission on Tuesday, February 11, 1992 . The findings fo their
recommendation are attached.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDJKION O rRD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON April 7 , T99Z APPROVED AS RECOMMENDED x OTHER x
See Addendum for Board action
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT III 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.
Orig: . Community Development Department ATTESTED April 7 , 1992
cc: The Farris Hill Group, Ltd. PHIL BATCHELOR, CLERK OF
Michael Woldemar & Assoc. THE BOARD OF SUPERVISORS
E1 Sobrante Planning & Zoning Commm. COU ADMINISTRATOR
BY ° , DEPUTY
ADDENDUM TO ITEM H.7
APRIL: 7, 1992
This is the time heretofore noticed by the Clerk of the Board of Supervisors for
hearing on the recommendation of the Contra Costa County Planning Commission on the
request (2969-RZ) of the Fariss Hill Group (applicant and owner) to rezone 6.04 acres of
land frorn Single Family Residential District (R-7) to Planned Unit District (P-1) for a 17
lot Single Family Residential Development, along with a request for approval to develop
the site with 17 single family lots (3032-90), and for approval of a tentative map to
subdivide the 6.04 acre site into 17 single family lots (Subdivision 7445) in the El
Sobrante area.
Dennis Barry, Community Development Department,presented the staff report on
the proposed project, coillmentlng on a landslide in the project property that needs to be
repaired if the site is to be improved for any purpose, and he commented on the staff
recommendation listed.
The public hearing was opened and the following persons gave testimony:
Al Hopkins, 3575 San Pablo Dam Road, EI Sobrante, applicant;
Cindy Yavor 4000 Fariss Lane., El Sobrante, expressed concerns on the repair of
the slide area, and advised that they were working with the applicant on the slide repair.
Mitch Avalon, Public Works Department, advised.that a condition could be
added that since the issuance of the permit is being handled through the Building
inspection Department, that the Department could be directed to keep Mrs. Yavor
advised of what is cooing on with the soils report.
Mr. Barry commented on the grading requirements presently in the conditions.
The applicant advised that it was not necessary to go over the property line into
the Yavor property to repair the slide area.
Supervisor Powers suggested adding Condition 16c that the applicant keep the
Yavor family advised of the processing of the grading plan.
The pLlbllc hearing was closed.
Supervisor Powers moved approval of the project with the addition of the
Condition l6e.
Supervisor Torlakson seconded the motion.
IT IS BY THE BOARD ORDERED that recommendations i, 2 with amended
conditions. 3 and 4 are APPROVED; and Ordinance No. 92-24 is INTRODUCED,
giving effect to the rezoning, reading,, waived and April 14, 1992, is set for adoption of
sante.
FINDINGS AND CONDITIONS OF APPROVAL FOR FILE #2969-RZ, FINAL DEVELOPMENT
PLAN 3032-91 AND VESTING TENTATIVE SUBDIVISION 7445 (FARISS HILL GROUP)
FINDINGS
1 . The proposed development conforms with the General Plan designation of Single
Family Residential-High Density for most of the site commensurate with limitations of
density due to slopes on the site.
2. The development will constitute a residential environment of sustained desirability and
stability, and will be in harmony with the character of the surrounding neighborhood
and community.
3. The applicant intends to start construction within two and one-half years from the.
effective date of this permit.
4. The development is a harmonious, integrated plan which justifies exceptions from the
normal application of the County code.
CONDITIONS OF APPROVAL FOR 2969-RZ
1 . This approval is based upon the exhibits received by the Community Development
Department and listed as follows except as modified by the conditions of approval:
A. Tentative Subdivision Map and Development Plan dated received September 17,
1991 .
B. Grading Plan and tree removal-retention plan dated received September 17,
1991 .
2. Sewage disposal serving the property concerned with this application shall be provided
by the West Contra Costa Sanitary District.
3. Water supply serving the property concerned with this application shall be provided
buy the East Bay Municipal Utility District.
4. Comply with the requirements of the West County Fire Protection District including
provision for water supply and fire hydrants, as determined by the District.
5. The total number of lots shall not exceed 17.
6. Grading of the site shall be kept to a minimum.
7. Whenever possible, smaller to medium sized oak trees in areas that have to be graded
shall be transplanted.
CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3032-91 AND SUBDIVISION 7445
1 . This approval is based upon the exhibits received by the Community Development
Department and listed as follows except as modified by the conditions of approval.
A. Tentative Subdivision Map and Development Plan dated received September 17,
1991 .
B. Grading plan and tree removal, retention and transplanting plan dated received
September 17, 1991 .
C. Tree Preservation Guidelines dated September 6, 1991 by Plant Health
Diagnostics.
D. Traffic Study dated January 14, 1991 by Advanced Traffic Engineering.
E. Geotechnical Study by Purcell, Rhoades & Associated dated December 18,
1989 and the additional letter dated September 24, 1991.
2. The total number of units shall not exceed 17. A scenic easement shall be established
along Appian Creek and in the oak grove area as delineated on the staff study in the
file dated January 27, 1992.
3. This approval is subject to adoption of an ordinance for the rezoning of the subject
property under application 2969-RZ. The final number and layout of units shall reflect
the Board's approval.
4. The length of approval for the Final Development Plan, 3032-91, shall coincide with
the three year time limit of the subdivision. One 3-year extension can be granted for
the Final Development Plan and Subdivision.
5. Prior to the issuance of a building permit, elevations and architectural design of the
building and building roof material shall be submitted for final review and approval by
the County Zoning Administrator. The roofs and exterior walls of the building shall be
free of such objects as air conditioning or utility equipment, television aerials, etc. or
screened from view. The building shall be finished in stucco with wood trim or other
materials acceptable to the Zoning Administrator. Exterior colors shall be approved
by the Zoning Administrator and such colors shall not be in any case of a higher
reflectivity value than 50%. Exterior residential material shall be fire resistant.
6. Comply with landscaping requirements as follows:
A. Street tree landscape plan shall be submitted for the review and approval of the
Zoning Administrator at least 30 days prior to recording the final map for this
project.
B. California native species shall be used as much as possible. All street trees
shall be 15 gallon size.
2.
C. A licensed landscape contractor, architect or other landscape professional
whose qualifications have been approved by the Community Development
Department shall make an on-site inspection to determine compliance with the
approved street tree plan and shall submit a certification of completion for
review and approval of the Zoning Administrator prior to occupancy of
residences in this development.
D. At least 30 days prior to recording the final map for this project, the applicant
shall submit a fencing plan for the project. Any fencing in scenic easement
areas shall be 3-strand wire fencing to facilitate the passage of wildlife.
E. A suitable recordable deed notification shall be developed informing prospective
homeowners with a scenic easement on their property of the prohibition of the
construction of structures in that area and the limitation of fence types within
the scenic easement area.
F. At least 60 suitable 5-gallon sized California native trees shall be planted within
the scenic easement area. The developer shall submit a tree planting plan for
the review and approval of the Zoning Administrator at least 30 days prior to
recording the final map. The trees shall be planted prior to the issuance of
building permits for this project. A licensed landscape contractor, architect, or
other landscape professional with experience with the planting of California
native species shall make on-site inspections and shall submit a certification of
completion for the review and approval of the Zoning Administrator.
G. Applicant shall provide fencing at least five feet outside of the drip line of all
trees to be retained on the site in order to give grading contractors proper visual
notification to keep equipment out of the area surrounding these trees. During
grading operations a qualified arborists shall be on site to approve any needed
exceptions to this requirements.
H. The tree preservation guidelines as outlined in the Plant Health Diagnostics shall
be adhered to. A qualified arborists shall submit progress reports in regards to
compliance with the tree preservation guidelines to the County Grading
Engineer and County Zoning Administrator. Failure to follow the guidelines
could lead to a stop work order for the project..
I. All possible means shall be used to transplant the trees that must be removed
for slide repair or road improvements. The arborists shall submit reports on
trees that were removed and transplanted and reports explaining why certain
trees could not be transplanted.
J. Trees #1 and #2 on the list shall be retained if at all possible.
3.
K. The grove of trees in and along Appian Creek and within the scenic easement
area shall be designated as a heritage grove. This information shall be recorded
on the deeds of the lots in this development.
7. 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 Archaeologist (SOPA) has had an opportunity
to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed
necessary.
8. Sewage disposal serving the property concerned in this application shall be provided
by the West Contra Costa Sanitary District.
9. Water supply serving the property concerned shall be by the East Bay Municipal Utility
District.
10. The applicant shall show proof that water and sewage service is available prior to
recording the Final Map.
11 . Street names shall be acceptable to the Community Development Department and to
the West County Fire Protection District.
12. Each housing unit shall have address numbers that are clearly visible to the access
road day and night which may require illumination.
13. Except as shown on the approved Tentative Map/Final Development Plan, all
development shall adhere to the R-6 zoning district standards. The Zoning
Administrator can make adjustments to the front yard setbacks that are not strictly in
conformance to R-6 Zoning District standrds, if they further the goals of the P-1
Zoning District. Variances to those standards may be approved by the Zoning
Administrator following an opportunity to comment by any homeowners association
established by this project.
14. Any model houses constructed for this project shall have residential fire sprinklers
installed subject to Fire District approval.
15. Convents, Conditions and Restrictions shall be submitted for review by the Community
Development Department with the Final Subdivision Map. This document shall provide
for establishment and maintenance of the scenic easement area, fencing, drainage
maintenance, and creek bank repair.
16. Comply with the grading requirements as follows:
A. Prior to issuance of any: building permits on this site, or recording a Final Map
or installing improvements, submit grading plans and stability analysis including
seismic loads for review of the Zoning Administrator. Grading plans shall
4.
incorporate recommendations of the geotechnical report done by Purcell,
Rhoades and Associates.
B. Developer shall enter into a consultant services agreement with Community
Development Department to provide independent geotechnical review of design,
and inspection of site grading. Developer shall deposit sufficient funds for
estimated cost of review and administration. Recommendations for changes
to the grading plans, procedures, or specifications shall be carried out prior to
issuance of a grading permit.
C. Prior to recordation of a final map, submit a final report of the engineering
geologist and soil engineer and an as-graded map showing rock and soil
structure and plan and elevation of surface and subsurface soil improvements
including buttress fills, buttress fill keyways, subdrainage material and pipe
facilities, subdrain pickup and disposal points, and cleanouts, all as surveyed
by a licensed land surveyor or civil engineer.
D. Concurrently with recordation of the Final Map, record a statement to run with
deeds to lots created by this subdivision acknowledging the preliminary soil and
geologic reports by title, author (firm), and date, calling attention to these
cdnditions of approval and recommendations of consultants to developer and
to Contra Costa County, and noting that the information is on file for public
review in the Community Development Department of Contra Costa County.
17. At least 30 days prior to the issuance of a grading permit submit a report by an
experienced field botanist to determine if there are any rare or enganged plants on the
site that would be disturbed by site grading and development. The study shall be
conducted in the proper season to determine if there are any such plants. If any rare
or endangered plants are found arrangements to either move them, collect their seeds
or otherwise protect them shall be made prior to issuance of a grading permit for the
site.
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 consideration could
lead to stop work orders for this project.
19. 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.
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 the use of hydrants on site. Failure to comply with this
5.
condition could lead to stop work orders for this project.
21 . At least one week prior to commencement of any major construction activity, the
applicant shall post the site and mail to the owners of the property within 300 feet of
the exterior boundary of the project site, a notice that construction work will
commence. The notice shall include a list of contact persons with name, title, phone
number and area of responsibility. The person responsible for maintaining the list shall
be included. The list shall be kept current at all times and shall consist of persons with
authority to initiate corrective action in their areas of responsibility. The names of
individuals responsible for noise, dust, and litter control, construction traffic control
shall be expressly identified in the notice.
22. The developer shall submit plans for the retaining walls on the site for the review and
approval of the Zoning Administrator. Consideration shall be given to using brown
tinted slump stone or crib lock walls.
23. Prior to recording the final map, the applicant shall either remove the portion of the
neighbors deck that protrudes into Lot #12 or a lot line adjustment shall be
accomplished.
24. 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 Ordinance (Title 9).
Any exceptions therefrom must be specifically listed in this conditional approval
statement. Conformance with the Ordinance includes the following
requirements:
1) Installing street lights. The final number and location of the lights shall
be determined by the County Traffic Engineer.
This property has already been annexed to County Service Area L-100
for maintenance of street lights.
2) Undergrounding of all new utility distribution facilities.
3) 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.
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.
6.
5) Verifying that all finished floor elevations are above the 100-year flood
elevation.
6) Installing, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
7) Relinquishing "development rights" over that portion of the site that is
within the structure setback area of Appian Creek. The structure set-
back area shall be determined by using the criteria outlined in Chapter
914-14, "Rights of Way and Setbacks", of the Subdivision Ordinance.
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. Constructing road improvements on Garden Lane between the bridge over
Appian Creek and Garden Road:
1) Constructing curb, four-foot six-inch sidewalk (width measured from
curb face), necessary longitudinal and transverse drainage, and
necessary pavement widening along one side only. The pavement width
shall be a minimum of 28 feet or the existing road width, whichever is
greater.
2) The face of curb shall be nine feet from the right of way line.
C. Constructing road improvements on Foster Lane in the area of the slide damage
to connect the ends of the existing sidewalk, if such work has not been done
by others.
1) Constructing asphalt concrete dike and a four foot asphalt concrete path
on one side only, necessary longitudinal and transverse drainage, and
necessary widening along the specified frontage will satisfy this
requirement. The pavement width shall be a minimum of 28 feet.
2) The face of curb shall be nine feet from the right of way line.
D. Provide for adequate sight distance at all proposed driveways and the first two
existing driveways on both Fariss and Foster lanes in accordance with
CALTRANS standards.
7.
E. Construct the on-site road system to County public minor road standards with
the exception that the minimum pavement width shall be 28 feet, parking shall
be allowed on one side only, and curb and sidewalk may be constructed on one
side only. Convey to the County, by Offer of Dedication, the corresponding
right of way which shall be 50 feet in width and align with the existing right of
way on Fariss Lane and Foster Lane.
F. The "special pavement & entrance feature" on Fariss and Foster Lanes shall be
eliminated.
G. The transitions from the existing portions of Fariss and Foster Lanes to the
proposed roadway shall be designed to be tangent to the existing centerlines.
The transitions shall occur within the boundaries of the subdivision. If the
transition tapers are non-symmetrical "No Parking" signs shall be installed on
the narrow transition side of the existing roadway subject to the review and
approval of the Public Works Department.
H. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalk and driveways.
I. 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.
J. 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.
K. If, after good faith negotiations, the applicant is unable to acquire necessary
rights of way and easements (except for sewer purposes), he shall enter into
an agreement with the County to complete the necessary improvements at
such time as the County acquires the necessary interests in accordance with
Section 66462 and Section 66462.5 of the Subdivision Map Act.
L. Provide deed notification to all parcels in this development that mandatory
participation in a Geologic Hazard Abatement District shall be required at a
future date if and when the Board of Supervisors form such a district.
M. Install vertical rise garage doors.
N. The Improvement Plans shall include any slide repair work necessary to support
the road, and be signed by a registered geotechnical engineer.
8.
O. The applicant shall make a cash deposit of $10,000 with the County into an
interest bearing account (trust fund) for payment of one half of the estimated
-cost to retain a consultant to prepare a study of the repair/stabilization of the
slide crossing Fariss and Foster Lanes which is the first step in forming a
Geologic Hazard Abatement District. The consultant will prepare a cost
estimate and determine the extent of the proposed assessment district and
develop the assessment spread to the affected property owners.
In the event that said study has not been initiated within six (6)years after the
approval of the tentative map for Subdivision 7445, then the $10,000, plus
interest, shall be refunded to the Fariss Hill Group. Additionally, if the Geologic
Hazard Abatement District is formed, the $10,000, plus interest, shall be
credited towards the pro-rata share of the 17 lots of Subdivision 7445.
P. Prior to recordation of the final map, the.applicant shall confer with Public
Works Department about possible safety related modifications in the Garden
Lane area and the curving portion of Fariss Lane. These modifications shall be
submitted to the Zoning Administrator for review and approval.
O. If during the final design of the roadway, the large trees in the vicinity of Lots
10, 11, and 13 would be threatened, then the Zoning Administrator may
consider a change to the road design subject to the review and approval of the
Public Works Department.
ADVISORY NOTES
A. Part of the project lies within the 100-year flood boundary as designed 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.
B. 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.
C. 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.
D. 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.
9.
E. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 73 as adopted by the Board of Supervisors.
F. Applicant shall comply with the Park Dedication Fee Ordinance.
G. Comply with the requirements of the West Contra Costa Sanitary District.
H. Comply with the requirements of the West County Fire Protection District including
provision for water supply and fire hydrants, fire retardant construction and residential
sprinklers, if needed
I. Comply with the School Impact Fee requirements of the Richmond Unified School
District:
"All buildings constructed on these lots will be subject to the
applicable school development fee outlined in the Government
Code Section 53080 et seq. Applicants for building permits
should contact the Richmond Unified School District at the time
of application."
J. Comply with the requirements of the East Bay Municipal Utility District.
K. Comply with the requirements of the Building Inspection Department:
1. Supervised grading required.
2. Soils report required for foundation design prior to issuance of building permits.
AB/aa
RZXV/7445.AB
1/27/92
2/11/92 -P/C Rev. (v)