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Home My WebLink AboutMINUTES - 06081993 - H.9 H. 9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8, 1993 by the following vote: AYES: Supervisors Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: Supervisor Powers ABSTAIN: None ----------------------------------------------------------------- I SUBJECT: Hearing On Rezoning Application 2991-RZ, Development Plan 3011-92 , 3 C' s DEVCO, Roger T. Proctor, In The Oakley Area. This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the East County Regional Planning Commission on the request by 3 C' s DEVCO (applicant) and Roger T. Proctor (owner) to rezone 21 . 09 acres of land from General Agricultural District (A-2) to Planned Unit District (P-1) in order to conform to the contra Costa County General Plan (1991) policies (2991-RZ) and the request for approval to construct 145 single family residences and associated site improvements (DP 3011-92) in the Oakley area. Dennis Barry, Community Development Department, advised of a request by the applicant to continue the item to June 22 , 1993 in order to further discuss the signalization condition with the Public Works Department . John Wyro representing the applicant concurred with the request for an extension. Supervisor Torlakson moved that the item be continued for two weeks to June 22 , 1993 . IT IS BY THE BOARD ORDERED that the hearing on the above matter is CONTINUED to June 22, 1993 at 2 : 00 p.m. 1 hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Su Isom on the dat shown. cc : County Counsel ATTESM- 3 Community Development Dept . PHIL TCHELO ,Clerk of the Board 3 C' s DEVCO Supe andC9u ty minlstrator Roger T. Proctor o By .Deout, 3 CIS DEVCO (Applicant) ROGER T. PROCTOR (Owners) , County Files #2991-RZ & 3011-92 General Agriculture District (A-2;) to Planned- Unit-Development (P-1) Subject property is a descriptive parcel located at the southeast cqrnqr. of Cypress Road and Almond Avenue. Oakley area. BOARD OF SUPERVISORS CONTRA'COSTA COUNTY JUNE 8, 1993 2: 00 P.M. JlLt-.�' 13 - ............ Contra TO: BOARD OF SUPERVISORS lY Costa n: o: FROM: HARVEY E. BRAGDON R h S County DIRECTOR OF COMMUNITY DEVELOPMENT , T 40 DATE: June 8, 1993 A �oUN SUBJECT: Hearing on Rezoning Application #2991-RZ and companion application #3011-92 to rezone 21.09 acres of land from General Agricultural 'District (A-2) to Planned Unit pevelopment (P-1) for 145 lots and two detention basins, a tot lot, ' open space areas and parking bays. Subject property is a descriptive parcel located at the southeast corner of Cypress Road and Almond Avenue, immediately east of the Marsh Creek Flood Control Channel and south and southeast of an existing subdivision in the Oakley area. The site also fronts on the northeast side of the AT & SF Railroad tracks. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) ,& BACKGROUND AND JUSTIFICATION RECOMMENDA'T'IONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Adopt the Mitigation Monitoring Program as being adequate. 3. Approve Rezoning Application 12991-RZ and Development Plan 3011-92 as recommended by the East County_Regional PlanniUM Commission. 4. Adopt the East County Regional Planning Commissions findings as set forth in Resolution #20-1993 as the determination for these actions. 5. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set forth date for adoption of same. CONTINUED ON ATTACHMENT: X YES SIGNATUR 4�1,, — RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM ION OF OARD COMMITTEE — APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 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. Contact:ART BERESFORD-646-2031 ATTESTED cc: Community Development Department PHIL BATCHELOR, CLERK OF 3 C's Devco THE BOARD OF SUPERVISORS Public Works-Attn: Mitch Avalon AND COUNTY ADMINISTRATOR Roger Proctor Jahn Wyro RMP/df EBRPD-Linda Pratt BY , DEPUTY Page Two FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDA4IONS This item was heard by the East county Regional Planning commission on May 3, 1993, at which time the Commission approved Subdivision #7797 and recommended that the Board of Supervisors approve the P-1 Rezoning request #2991-RZ and Final Development Plan 3011-92 subject to recommended conditions of Approval (Exhibit "All) . Since the proposal is over 100 lots (145 proposed and approved by the East County Regional Planning Commission) , a Traffic Impact Study was required per Measure C (1988) . The report was done for this project as well as five (5) other pending residential developments of more than 100 lots in the Oakley area. The Traffic Impact Report was submitted in June 1992. The report was received by staff and found acceptable. The Developer agrees with the mitigation measures listed in the report and to do their fair share of improvements (Exhibit B) . On this basis a Negative Declaration of Environmental Significance was posted. On May 3, 1993, the East County Regional Planning Commission, after taking testimony, recommended that the Board of Supervisors approve this project or 145 lots, with a tot lot, parking bays and two detention basin areas subject to the Conditions of Approval (Exhibit A) . RESOLUTION NO. 20 1993 RESOLUTION OF THE EAST COUNTY REGIONAL PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE REQUESTED CHANGE BY 3 C's DEVCO (APPLICANT) AND ROGER T. PROCTOR (OWNER) , (2991-RZ) f IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE OAKLEY AREA OF SAID COUNTY. WHEREAS, a request by 3 C's Devco (Applicant) and Roger T. Proctor (Owner) (2991-RZ) to rezone land in the Oakley area from General Agricultural District (A-2) to Planned Unit District (P-1) was received on June 29, 1992 along with Final Development Plan 3011--92 and Subdivision 7797; and WHEREAS, in connection with applicant's requests, an Initial Study of Environmental Significance was prepared by the Community Development Department which determined that the requested entitlements would not have any significant adverse-env-1ronmental impacts; and WHEREAS, a traffic impact study was prepared for this and several other projects of more than 100 residential units; and WHEREAS, the applicant agreed to the mitigation measures in the traffic impact report; and WHEREAS, for purposes of compliance with provisions of the California Environmental Quality Act and State and County CEQA guidelines, a Mitigated Negative Declaration of Environmental Significance was prepared, posted and circulated; and WHEREAS, after notice was lawfully given, a public hearing was scheduled before the East County Regional Planning Commission on Monday, May 3, 1993 ; whereat all persons interested might appear and be heard; and WHEREAS, on Monday, May 3, 1993 , the East County Regional Planning commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter and finds the following: NOW, THEREFORE, BE IT RESOLVED that the East County Regional Planning Commission: • approves Vesting Tentative Map for Subdivision #7797 dated received March 16, 1993 for 145 single family residences along with other uses subject to the Conditions of Approval; Page Two RESOLUTION NO. 20- 1993 BE IT FURTHER RESOLVED that the Planning Commission's approval of the Vesting Tentative Map are contingent on the Board of Supervisors approving the rezoning and final development plan. NOW, THEREFORE, BE IT RESOLVED that the East County -Regional Planning Commission recommends-to the Board of Supervisors of the County of Contra Costa, State of California, that the rezoning request of 3 C's Devco (Applicant) and Roger T. Proctor (Owner) (2991-RZ) be approved for change from General Agricultural District (A-2) to Planned Unit District (P-1) , and that this zoning change be made as indicated on the findings map entitled: Page H-26 of the County's 1978 Zoning Map. BE IT FURTHER RESOLVED that the East County Regional Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, that the final development plan . request for 145 single family residences, a tot: lot, opeh space areas, parking space areas, and a portion of a 21. 09 acre (1. 5 acres) detention basin site be approved. 1. The applicant indicates that they intend to commence construction within two and one-half years of the. effective date of the final project approval. 2 . The development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of nearby community and nearby developments. 3 . In....-accordance with required findings of the planned unit district, the County finds that the development is of a harmonious, innovative plan and justifies exceptions from the normal applications of the code, including variances and parcel configuration and design to provide a better conformity with the existing terrain features, shape of the site and limitations in the area. 4 . The development, together with provisions for its design and improvement, conforms with the General Plan for the site. 5. The project will provide additional entry level housing. 6. The mitigation measures outlined in the Traffic Impact Study for this project reduce adverse impacts to the subject intersections to less than significant in the Oakley area. • Finain S Map P. _ ! 4'A-2 ' M A'z ' A-2 A-3 CYPRESS RD 7 R•B Oy i, p ................ .r.::. r .:::.:.....:............ P.y Z a • LAUREL RD i iQ40 r - • e.o r ' Rezone From :Z:�_To -p-L Area Regional Planning ,Chairman of the do hereby Commission,Contra Gosta Count East County Certify that this is a true and correct County, of California, =c � PY of indicating thereon the decision of Commission the matter of East Count -� _ Y Regional Planning Chairman of the East Count Planning Commission State Y Regional ATTEST. • of California S Y of th _ Planning st County R g al 9 CoCommis, on,State of California Page Three RESOLUTION NO. 20 1993 BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: 1. The project is consistent with the County General Plan. 2. The project will provide needed entry level housing for the area. BE IT FURTHER RESOLVED that the Secretary of the East County Regional Planning Commission shall respectively sign and attest the certified copy of this resolution and deliver the same to the Board of supervisors all in accordance with the Planning Laws of the State of California. The instructions by the East County Regional Planning Commission to prepare this resolution were givenv--by -moti-on:%of the East County Regional Planning Commission on Monday, May 3 , 1993 , by the following vote: AYES: commissioners - Planchon, Wetzel, Hanson, Hern NOES: commissioners - None ABSENT: commissioners - Andrieu, Sobalvarro ABSTAIN: commissioners - None HERBERT HERN Chair of the East County Regional Planning Commission, County of Contra Costa, State of California ATTEST: HARVEY E. BRAGDON Secretary of the East County Regional Planning Commission, County of Contra Costa, State of California AB/df 2991-RZ.res 3 C's Devco Roger T. Proctor Oakley Water District 5000 Executive Parkway P.O. Box 1211 27 Main St. San Ramon, CA 94583 Oakley, CA 94561 Oakley, CA 94561 Oakley Sanitary District Oakley Fire District Howard Hobbs P.O. Box 1105 P.O. Box 207 OMAC Oakley, CA 94561 Oakley, CA 94561 P.O. Box 212 Oakley, CA 94561 Stanni Holt Oakley Parks Linda Pratt Brentwood News 235 Woodglen Place East Bay RPD 654 Third St. Oakley, CA 94561 2950 Peralta Oaks Ct. Brentwood, CA 94513 Oakland, CA 94605 Rod Harris 033-012-002 033-012-004 57 Virginia Ct. Gonsalves & Santucci Samuel & Marie Jung Walnut Creek, CA 94596 5151 Port Chicago Highway 49 Saturn Street Concord, CA 94520 San Francisco, CA 94 033-012-005 033-012-007 033-012-008 G & E -Ruiz James Waldhaus John Jr. & Rhun SurnE 211 Cypress East 67 Van Pelt Lane 6 Vista Diablo Oakley, CA 94561 Oakley, CA 94561 Pittsburg, CA 94565 033-012-009 033-020-011 033-020-012 Robert & C Van Pelt P & A Hojas Brian & Julia Kelly Route 2, Box 388C 509 Second Street 550 S. Winchester B1i Oakley, CA 94561 Antioch, CA 94509 San Jose, CA 95128. 033-020-013 033-020-700 033-020-701 L & S Covington Santa Fe Energy Resources Peter Giannotti, EXR 164 Meadow Brook Court 12070 Telegraph Road 208 Seventh Street Oakley, CA 94561 Santa Fe Springs, CA Antioch, CA 94509 90670 033-020-702 033-240-002 033-240-003 Lloyds Bank, TR Dennis & -Linda Nunn Joan Page 444 Market Street 4650 Main Street 4670 Main Street San Francisco, CA 94111 Oakley, CA 94561 Oakley, CA 94561 033-240-004 033-240-005 033-240-006, 009, 01( Thomas J. Nokes James & Wilma Nunn Stephen Flechsing 7749 Country Lane Star Route 4600 Main Street Pleasanton, CA 94566 Merrill, OR 97633 Oakley, CA 94561 033-240-008 033-240-013 .. 033-280-029 William G. Elliott III Clifford Munns Judy Pawlak 1601 Tennessee Street 2806 Stirrup Drive 95 Spotted Hen Court Vallejo, CA 94590 Oakley, CA 94561 Oakley, CA 94561 033-280-030 033-280-031 033-280-032 John & Susan Norman Kirit & Shal Parikh Barbara O'Connell 91 Spotted Hen Court 3210 Whitehaven Drive .1598 Vinehill Circle Oakley, CA 94561 Walnut Creek, CA 94598 Fremont, CA 94539 033-280-033 033-280-034 033-'280-035 . Robert cabreira Marcia Ehrlich Kenneth Wells 79 Spotted Hen Court 75 Spotted Hen Court 71 Spotted Hen Court Oakley, CA 94561 Oakley, CA 94568 Oakley, CA 94561 033-280-036 033-280-037 033-280-038 Syrinder Toor Alfonso *Gonzalez Nicholas Tompkins 1515 Quail Valley Run 1505 Quail Valley Run 1495 Quail Valley Run Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033-280-039 033-280-040 033-280-041 Barbara Mathos Robert Frazier Gregory Karkas 1485 Quail Valley Run 1475 Quail Valley Run 1465 Quail Valley Run Oakley, CA -94561 Oakley, CA 94561 Oakley, CA 94561 033-280-042 033-280-043 033-280-044 Troy Dillahunty -Gabriel Alabanza William Turnouist 107 San Pedro Road 1445 Quail Valley Run 1425 Quail Valley Run Half Moon Bay, CA 94019 Oakley, CA 94561 Oakley, CA 94595 033-280-045 033-280-046 033-280-047 Edward Cannedy David & Diana Lunge Tim Humphreys 1415 Quail Valley Run 5246 Winfred Drive 514 Palisades Avenue Oakley, CA 94561 Castro Valley, CA 94546 Santa Cruz, CA 94062 033-280-048 033-280-049 033-280-050 .Frederick Walls Paramdeep Dhindsa Bobby Teague 1385 Quail valley Run 2071 Pebble Drive- 1365 Quail Valley Run Oakley, CA 94561 Alamo, CA 94583 Oakley, CA 94561 033-280-051 033-280-052 033-280-053 Gene & Mari Barbosa Larry H. Yingling Richard Lawrence 1355 Quail Valley Run 1315 Quail Valley Run 1305 Quail Valley Run Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033-280-054 033-280-055 033-280-056 Michael Richards Robert L Hill Zane & Cindy Osborne 1295 Quail valley Run 15464 Dermoody Avenue 1275 , Quail Valley Run Oakley, CA 94561 San Lorenzo, CA 9.4580 Oakley, CA 94561 033-280-057 033-280-058 033-280-059 Rafael Olano Gregory Garcia Kenneth & Judy Whitham 1265 Quail Valley Run 1245 Quail Valley Run 311 David Drive Oakley, CA 94561 Oakley, CA 94561 Alamo, CA 94507 033-280-060 033-280-061 033-280-062 Daniel & Lisa Hess Terry & Sarah Calhoun Kimberly & Dona Neves 1205 Quail Valley Run 1185 Quail Valley Road 537 Kinswood Place Oakley, CA 94561 Oakley, CA 94561 Danville, CA 94506 033-280-076 ..033-280-077 033-280-078 Brian Smith Mark & Michelle Sargent Albert Woodfield 1170 Quail Valley Run 1180 Quail Valley Run 1200 Quail Valley Run Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033-280-079 033-280-090 Paul & Michele Ronan Marrion Donnell Mark Koeppen 1230 Quail Valley Run 1210 Quail Valley Run 1220 Quail Valley Run Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033-280-082 033-280-083 033-280-084 Jeffrey & Kim Laine Karen Huber Darrell Kleckner 1240 Quail Valley Run 1250 Quail Valley Run 1260 Quail Valley Run Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033-280-085 033-280-086 033-280-087 Richard Claire David Scott Brown Richard & Susi Ubry 244 Alameda De Las Pulgas 1280 Quail Valley Run 1290 Quail Valley Run Redwood City, CA 94062 Oakley, CA 94561 Oakley, CA 94561 033-280-088 033-280-089 033-280-090 John Georgette William Freeman Dale McCarty 1300 Quail Valley Run 1310 Quail Valley Run 1320 Quail Valley Run Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033-280-091 033-280-092 033-280-093 Vikki Reeve Mary Schumacher Ronald Kyewski 1330 Quail Valley Run 1340 Quail Valley Run 1350 Quail Valley Run Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033-280-094 033-280-095 033-280-096 Jose-Azer Dauz Casey & Ruth Moore Randy Brooks 1360 Quail Valley Run 1370 Quail Valley Run 1380 Quail Valley Run Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033-280-097 033-280-098 033-280-099 Louis Dean Williams Charles Gonzales Javier & Maria Chavez 1390 Quail Valley Run P. O. Box 81 1410 Quail Valley Run Oakley, CA 94561 San Lorenzo, CA 94580 Oakley, CA 94561 033-280-102, 103, 107 033-280-105 033--280-106 Quail Valley Estates Hal Porter Development Duane &' Deborah Hawkins 612 Railroad Avenue 2751 Chanticleer P. 0. Box 1154 Brentwood, CA 94513 Santa Cruz, CA 95062 Brentwood, CA 94513 033-192-011 037-192-012 Porter Estate Company Donald Williamson 100 Bush Street Route 1, Box 1115 San Francisco, CA 94104 Antioch, CA 94509 . EXHIBIT » A" CONDITIONS OF .APPROVAL F03 2991-RZ and FINAL DEVELOPMENT PLAN 3011-92 AS REVISED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION ON MAY 3, 1993 ^ 1' The request tosubdivide 21'O8± acres parcel imapproved for 145lots subject tothe revised vesting tentative map dated received March 15' 1893 by the Community Development Department. The conditions ofapproval require compliance prior tothe filing of parcel map unless otherwise indicated. 2' This approval iscontingent on adoption of Rezoning 2991'RZ and Final Development Plan 3011-92. To the extent that there is any conflict between this permit and the permit for the Final Development Plan, the permit for the Final Development Plan approval will govern. � - 3' This approval is based upon the documents received by the Community Development ,Department and listed as follows: A. Revised document dated received by the Community Development Department on March 18, 1883titled Vesting Tentative Map and Final Development Plan for Subdivision 7797' The total number of lots approved for this development is 145' ^ B. Acoustical Evaluation of Train Noise at (]a|ta Point Sites in Oakley, California dated received by the Community Development Department on July 29, 1992. C. Letter to Paul Kruger, Plummer &Associates, Inc., from Christian A. Andersen, Principal Engineer, Railroad Engineering Department, Kaiser Engineers, on Potential Railroad Derailment Impacts Along the A.T. D' S.F. Alignment in Oakley, California,dated received by the Community Development Department onJuly 29, 1BB2. D. Review of 1981 letter to Paul Kruger by John H. Bergenson, P.E. Vice =-- pre,�idert 'Northwest ReQ[bn, Transportation, ICF Kaiser Engineers, dated received bythe Community Development Department September 2, 1992' E. Traffic Impact Study, Six Residential Subdivisions in Oakley by DKS Associates dated received by the Community Development Department on September 2' 1992' F. LaQe| Release by owner, Roger. Prootor' dated received by Community Development Department on September 2, 1892' G. - Acoustical Evaluation of Train Noise at Delta Point Project sites in Oakley, C8|ifOnniabyRichanjA. Carmnen' SeniorCOnSu|tomt'\8/|son' |hriQ &/\smDcigtas' dated received by the Community Development Department on September 10, 1992- H. Geotechnical Investigation Pr0poSed Subdivision Cypress Road and K8anSh Creek, by J. H. K|einfe|der & Associates dated received by the Community Development Department on Sap1ernba, 10, 1992' 2 I. Preliminary Title Report by First American Title Guaranty Company dated received by the Community Development Department on September 10, 1992. J. Cultural Resources Survey of the Delta Point Project C.C.C., California by EBASCO Environmental, dated received by the Community Development Department on October 19, 1992. K. Oakley Subdivision Alternate Access Study by Glen A. Price III, Korve Engineering, Inc. dated received by Community Development Department on March 25, 1993. 4. The length of approval for the tentative map as well as for the accompanying final development plan and rezoning shall be for three years. One 3-year extension may be granted to subject to proper request and approval. 5. The guide for development including dimensional requirements and use provisions shall be the Single Family Residential District R-6, including the following subject review and approval by the Zoning Administrator prior:to issuance of building-permits: A. Setbacks shall be varied between 17.5 and 25 feet. B. Minimum sideyard shall be 5 feet with not less than 10 feet between buildings. C. Prior to recording the parcel map, submit a plot plan of proposed houses showing setbacks. 6. Lot A shall be made into a tot lot area and shall be provided with suitable play equipment for small children, and benches. 7. Illursjnated-house_ numbers visible from a public or private roadway are required for ' each residence. 8. Sewage disposal serving the properties concerned in this application shall be provided by the Ironhouse Sanitary. District. The sewers located within the boundaries of the properties concerned shall become an integral part of the Ironhouse Sanitary District's sewage collection system. 9. Water supply serving the properties concerned shall be by the Oakley Water District. Such water distribution, located within the boundaries of the properties concerned in this application, shall become an integral part of the Oakley Water District's overall water distribution system. Each individual living unit shall be served by a separate water connection. 10. Comply with the requirements of the Oakley Fire Protection District. 11. The Covenants, Conditions and Restrictions (CC & Rs) developed for this project shall include the following deed restrictions: ' . . . - 3 A. Recreational vehicle, boat trailer or nnobi|ehonne uhoU be stored on the site overnight, on onLot Dwhich iaspecific for RVparking. B. Maintenance by homeowners association of the tot lot. 12' A phasing program for the development may be submitted for the review and approval ofthe Zoning Administrator. ' 13. At least 30 days prior to requesting recording Of the final rnap, submit a street tree planting plan for the entire deve-lopment. o landscape for the landscaping and aoundvvoU along the site's frontage along Cypress Road, and 8 landscape plan for the park area as well as the parking bays and the proposed tot |0t area. The plan shall .include typical frnntyerd landscape plans for the residences on the site. Street trees shall beotleast 5'goUunsize. Each lot shall have one tree except that corner lots shall have otleast 3street trees. 14. Comply with the landscaping requirements a3follows. The following report iosubject tothe Zoning Administrator's review and approval. Landscaping ahoU conform to the County's Water Conservation policies in regards to use of drought-tolerant t,nee' ^ bushes and ground covers. 15. A trail shall be constructed along the north side of Parcel B between Delta Landing and Delta Point Road. A suitable trail connection f,O/n the site to the East Boy Regional Park District's Marsh Creek trail shall be provided. 16' Prior to requesting the recording of the final map, the property's frontage with the East Bay Regional Park District Marsh Creek Trail ShoU be fenced with a suitable 0'fo0ttaU chain link fence with plastic or vv0Od o|8t8' subject t0the review and approval of the Zoning Administrator. The design for the 3oundvvOU along Cypress Road ShmU be ^ 8ub"tted-to th&Oakley K4uniCipoL.Advisory Council for their oOrnrn8ntS prior tothe approval bythe Zoning Administrator. The comments Ofthe OK4ACshall beforwarded to the Zoning Administrator. 17' Atleast 3O days prior to requesting approval to record the final nnup' submit detail of the design for the suundvvaU along the Atchison, Topeka & Santa Fe Railroad. The design shall include a color rendering of vvaU and o discussion astoits adequacy for reducing sound bvncompetent acoustical expert. 18. Atleast 3O days prior torequesting recording the final map, submit a landscape plan for the trail along the property's frontage on Marsh Creek flood control channel, A scattering of native trees shall be planted along this section of the trail if agreed to by the East Bay Regional Park District and the County Flood Control District. If either District declines tVhave the trees p|anted, then they ah8U not be required. 18. Prior torecording the final map, submit akandsc8pe plan for the park'detentionb8sin' acceptable to the Flood Control District for Zoning Administrator and OMAC review and approval. Landscaping shall be installed prior to occupancy of residences. ' 4 20. Landscaping along Cypress Road frontage as well as the irrigation plan shall .be reviewed and approved by the County Public Works Department prior to approval by the Zoning Administrator. -The Public Works Department, Flood Control Division, shall also review and approve landscape plans for the detention basins/park area. 21 . Fence design and location shall be shown on the landscape plans. The soundwall plan shall also be shown on the landscape plans. The fencing of the rearyard areas of the lots that do not front or back up to soundwalls or to the East Bay Regional Park District trail shall be solid wood fencing with metal poles every 8-feet to help hold the fence up in the soft ground. Further, the-street frontage in this area shall be planted with a suitable street tree along both sides, subject to the review and approval of the Zoning Administrator. 22. All required landscaping shall be installed or bonded prior to occupancy, and shall be maintained by the applicant until occupancy. 23. 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 Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. 24. At least 45 days prior to recording a Final Map, issuance of Building Inspection Department permits, or installation of improvements or utilities, submit a preliminary geotechnical (geology, soil, and foundation) report meeting the requirements of Subdivision Ordinance Section 94-4.420 for review and approval of the Planning Geologist. This report shall include evaluation of the potential for liquefaction and seismic settlement. Improvement, grading, and building plans shall carry out the rec:oFnmendatioas. of the approved-report. 25. Record a statement to run with deeds to the property acknowledging the approved report by title, author (firms), and date, calling attention to approved recommenda- tions, and noting the report is available from the seller. 26. Guide to development and use provisions for the site shall be as follows: A. Setback for residential units shall be varied between 17.5 and 25 feet. All garages can have a setback of at least 17.5 feet provided vertical garage doors are used. Frontyard setbacks may be reduced to 15 feet for covered porches. Sideyard minimum shall be 5 feet with an aggregate sideyard of at least 10 feet. Rearyard minimums for units shall be 15 feet. The R-6 zoning district shall be used as a guide for the height, lot coverage for each lot as well as the location for any detached sheds or outbuildings. Prior to recording the final map, the applicant shall submit a sample of color and exterior materials for the review and - . . ' 5 ' approval ofthe Zoning Administrator. The fences between lots shall be solid wood and shall be at |oao1 5 feet high. The residences of this development shall be finished with a suitable colors which shall be complimentary. Resi- dences located as}'dencesionatod atcorner lots shall be single story as often as possible. �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 nvvn property in an agricultural area: "This document ahuU serve as notification that you have purchased land inanagricultural 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 co/teinanirna|sand flies may exist 0n surrounding properties. This statement is, again, notification that this is part of the agricultural way of life in the open space areas of Contra Costa.County and you-should bg�-=' fully aware ofthis atthe time of purchase." , 28. The garage area of each residence shall be wired for electric car recharging subject to the review and approval of the Zoning Administrator, and subject tnthe adoption of final Board policy. 29. Lots 40, 41 and 91'92 shall be reconfigured subject toreview and approval by the Zoning Administrator. 30. Comply with the following construction, noise, dust and litter control requirements: A-=_— Noise Qwerating onnatruotion activities, including such things as power generators, uhoU be limited tothe hours of 7:30A.M. to 5:00 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. B. The project sponsor'shall requina their contractors and subcontractors to fit all interno|cornbuadon engines with mufflers which are /ngood condition and shall locate stationary noise-generating^ nqu)prnent such as air compressors and concrete pumpers as far away frnrn existing residences aspossible. C. At least one week prior tocornrnencennent of grading, the applicant shall post the site and rneU to the owners of property within 300 feet of the exterior boundary ofthe project aitonotiCethatoVnStruotiOnvvOrkvviUo0nonmence. The notice shall include a list ofcontact persons with name, title; phone number and area ofresponsibility. The person responsible for maintaining the list shall be included. The list shall be kept current atall times and shall consist Of - 6 persons with authority to indicate and implement corrective action in their area of responsibility. The names of the individual responsible for noise and litter control shall be expressly identified in the notice. The notice shall be reissued with each phase of major grading activity. A copy of the notice shall be concurrently transmitted to the community Development Department. The notice shall be accompanied by_a list of the names and addresses of the property owners noticed, and a map identifying the area noticed. D. A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator. Any violation of the approved program or applicable ordinances shall require an immediate work stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond has been posted. E. The applicant shall make a good-faith effort to avoid interference with existing neighborhood traffic flows. Prior to issuance of buildiN_ permits z-he proposed roads serving this development shall be constructed to provide access to each lot. This shall include provision for an on-site area in which to park earth moving equipment. 31. The owner of the property shall participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the..parcels created by this subdivision action. The tax shall be $200 per parcel annually (with appropriate future Consumer Price Index (CPI] adjustment). The election to provide for the tax must be completed prior to the filing of the Parcel Map. The property owner shall be responsible for paying the cost of holding the election. The fee for election costs will be due at the time that the election is requested by the owner. 32. The applicant shall receive a "will serve" letter from the Liberty Union High School District and the Oakley School District prior to filing the final map. 33. Provision of a child care facility or program is required for this development. The program shall .be submitted for the review and approval of the Zoning Administrator prior to the filing of the Final Map. 34. Pursuant to Government Code Section 66474.9, the applicant (including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa County Community Development Department and its agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents, officers, or employees to attack, set aside, void or annul, the Agency's approval concerning this subdivision map application, which action is brought within the time period provided for in Section 66499.37. The County will promptly notify the subdivider of any such claim, action, or proceeding and cooperate fully in the defense. 35. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: . . - ' ' 7 ' A. In accordance with Section 92-2.006 of the County Ordinance Coda' this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 3). Anyexooptinns therefrohm must be specifically listed in this conditional appro�a\ statement. Conformance with the Ordinance includes the following requirements. 1) Constructing road improvements along the frontage OfCypress Road. ' Constructing nurh, eight-foot sidewalk(width measured from curb fam9)' necessary longitudinal and transverse drainage,and necessary pavement widening along the frontage from the Marsh Creek Channel tOthe /\.T. (& S.F. Railroad tracks will satisfy this requirement. The face Of Curb . shall beconstructed atthe ultimate location aodetermined bythe Public VV0rko Department prior tothe filing of the Final K4ep, Any changes to the tentative map lotting pattern asaresult ofthe road and right 0fway requirements on Cypress Rood shall be subject to the review and approval 0fthe Zoning Administrator. The applicant shall berequired 1O transition his frontage improvements into the mm\StioQinlp,evenm8nts at the Marsh Creek bridge. 2) Installing street lights and annexing the property toCounty Service Area L-100 for maintenance Of the street lights. The final number and lOoudnn of the lights shall be determined by the Public Works Depart- ment, Engineering Services Division. 3) Constructing a paved turnaround at the end of the proposed private road. ' 4) Undergrounding of all utility distribution facilities, including the existing ^ distribution faci|itiesua|nngthe Cypress Road frontage. 5) Conveying all storm waters entering or originating vvhhiD the subject property, without diversion and within an adequate storm drainage facility, to natural watercourse having definable bed and banks orto anex\shn0 adequate public ato/rn drainage facility which conveys the storm waters toa natural watercourse. Designing and constructing storm drainage facilities required by the Ordinance incompliance with specifications outlined inDivision 914Vf the Ordinance and i000nn0Uanomwith the design standards Vfthe Public VVO,ks Department. The Ordinance prohibits the discharging of concentrated stn/no waters into roadside ditches. Obtain a Flood Control encroachment permit from the Public VV0rhS Department, Application and Permit Center, for any work within the Flood Control District right of way. - ' . 8 ' G> Verifying that all finished floor elevations are above the 100'yearf|oOd elevation. 7) Installing, within a dedicated drainage easement, any portion of the drainage oya1ernwhich conveys run-off from public streets. O) Submitting irnprovernent plans prepared by a registered civil engineer, payment of review and inspection fn8S' and security for all improve- ments required by the Ordinance Code or the conditions of approval for rn0rnve'nnonlare0ui/edbythe [}rdinancaCudeOrtheoonditimn3ofepprOxa\ fOr this subdivision. These plans shall include any necessary traffic signage and striping plans for review bythe County Public Works Departrnent, Road Engineering Division. 8) Submitting a Final Map prepared by a registered civil engineer or licensed land surveyor. B. Convey to the County, by Offer of Dedication, additional right of way on Cypress Road osrequired for the planned future vv\d#+. , Prior to thejUing of the final rna0 it shall be determined whether e separate grade crossing Of the A.T. & S.F. Railroad tracks at Cypress Road is ultimately needed. If it is determined that o grade separation will ultimately be needed, the applicant shall grade his frontage to aUVvx for construction of the grade separation and locate SoundvvaUn and other facilities to accommodate the proposed grade separation. In addition, if it is determined that e grade separation over the A.T. & S.F. ^ .=~—.R8i|nJad-z/ooks is needed'�based on u|drnnte development of the area and ultimate proposed train \/af/ic, convey to the County a slope easement along Cypress Road for future realignment ofCypress Road for agrade separation over the A.T. & S.F. Railroad tracks. The slope easements shall besubject to the review nf the Public Works Department, Engineering Services Division, and the review and approval of the Zoning Administrator. C. This development may take aooensfr0nn either Cypress Road or an extension Of Bernard Road over Marsh Creek Channel. If, as proposed, the applicant takes access tothe subdivision via Cypress road' the following improvements will be r94uired, subject in the-review and approval of the Public Works Department, prior to the filing of the final map. 1) Install a traffic signal at the project entrance and coordinate its timing and operations with that of the A.T. & S.F. Railroad Signa) and gates to prevent traffic hnpn being stopped at the railroad tracks. The signel shall also be interconnected with the existing traffic signal at the State Highvvay4/CyVreos Road Interchange. - . ' 9 2) Provide a left turn on Cypress rood' with a nninirnunn of 100 feet Of storage, to facilitate access to the project site. The tapers for the left turn lane shall be designed per Caltrans standards for e design speed of 8Omiles per hour. 3) Construct asecond eastbound lane from State Highway 4tothe project ano9oS. ' 4) Construct the first 100 feet of the access road to 40'foot width, to County private rnod,standards. The access road shall be designed to accommodate the future horizontal and vertical alignments of Cypress Road, taking into account the possibility ofarailroad overpass over the A.T. & S.F. Railroad tracks if it is determined that the grade separation is necessary. 5) Provide for adequate sight distance at the project road intersection with Cypress Road fore design speed of 50 nni|eS per hour, in accordance with Caltrans standards. The sight distance~ana} iS mhe# 'taka into consideration the existing and ultimate railing location over the Marsh , Cnaoh bridge, vvh\oh is presently in the line of sight atthat intersection. 8) Provide for apedestrian and bicycle crossing for East Bay Regional Park District (EBRPD) trail at the signalized intersection of the access road with Cypress Road, subject tnthe review 0fthe EBRPOand the review and approval of the Public Works Department, Engineering Services Division. - OR, AS AN ALTERNATIVE /t^acc8uS is taken fcurn Bernard [}rive via a bridge over K8a;8h Creek Channel, the applicant shall convey iothe County, by Offer Of Dedica- tion, a 52-foot right nfway nfBernard Road and the proposed access bridge. The road and bridge shall beconstructed tOCounty public road standards with the ourb face 10 feet fronn the right of vvoy line from the terminus of Bernard Road to Delta Pointe Road. Construct a four-foot six-inch sidewalk along both sides of the public road and over the proposed bridge. Eliminate access to Cypress Road and submit a revised tentative nnap to -the Zoning Administrator for navi8vv and approval. ' O. Provide for adequate Sight distance at all internal intersections for 8 design speed of 3Omiles per hour inaccordance with Caltrans standards. E. Relinquish abutter's rights ofaccess along Cypress Road, with the exception Ofany approved ecoeSo point along Cypress Road. - 10 F. Construct a 32-foot (curb to curb) paved private roadway to County private road standards, with 5-foot maintenance and utility easements on each side of the roads, to serve all parcels in this proposed subdivision. No structures or fences shall be allowed within the easement areas. G. Construct the extension of the westerly portion of the Meadow Lark Loop northerly to the southerly boundary of this subdivision as a 33-foot (curb to curb) paved private road to -County private road standards within a 33-foot access easement with 5-foot maintenance and utility easements on each side of the road. No structures of fences shall be allowed in the easement areas. H. Install safety related improvements on Cypress Road (including traffic signs and channelization) as approved by the Public Works Department. I. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, draining across the sidewalk and driveways. J. Submit a sketch plan to the Public Works Departrwent,--Road--Engineering Division, for review showing all public road improvements and adjacent private road improvements prior to starting work on the improvement plans. the sketch alignment plan shall be to scale and show proposed future curb lines, lane striping details and lighting. The sketch alignment plan shall also include sufficient information to show that adequate sight distance has been provided. K. Apply to the Public Works Department for annexation to the County Land- scaping 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). A separate zone shall be set up for the landscaping in the public right-of-way. If a joint use agreement with the Flood :,_Control Ustrict allows enhanced landscaping of the detention basin then the landscaping district shall maintain the basin landscaping pursuant to the joint use agreement. Submit landscaping plans to the Public Works Department and pay the plan review and field inspection fee. All landscaping and irrigation facilities shall be maintained by the applicant until funds become available for their maintenance by the County after final inspection is cleared. L. 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, ternporary or permanent, road and drainage improvements. M. The property lies within the 60 Db noise level portion of the Noise Contour Map. The applicant shall submit an acoustical analysis prepared by a. qualified expert and based on ultimate road widening and ultimate development of the area, and mitigate impacts subject to the review and approval of the Zoning Administrator. . . - ' 11 . . N. Establish maintenance agreement toinsure the continued future maintenance of the proposed private roads. {}. Expand the Subdivision 5946 detention basin located adja cent to the southwest corner of this property to provide an additional 7.5 acne-feet of storm water storage capacity with e surface elevation of 19.5 feet. The basin side slopes shall have a rnaxinnunn slope of 4:1and the top of the basin slope shall be located 15 feet from the Marsh Creek Channel right of way line. Design of the basin shall be subject to the review and approval of the Flood Control District. The basin area shall be granted to Contra Costa County in fee title. The top of curbs within the subdivision site discharging into the basin shall be no |uvverthan elevation 19.5 feet. P. The lots along the Marsh Creek Channel right of way shall be designed to slope toward the street. Q. |n8teU a six-foot high chain link fenre along the K4a(sMCreek hohV-ofvv8y. R. Prior to the filing of the Final Map, coordinate with the Flood Control District the establishment of Drainage Area 520 with a benefit assessment formed to provide for the maintenance Of the detention basin facilities. S. Verify that the water surface elevations of the floodway area are not increased by the lot fill encroachment into the f\Oodvvay area. T. Provide pedestrian access to the Marsh Creek trail along the south aide of Pero8\ G and in the vicinity of proposed Lot 118' if Bernard Road is not extended aor0ua Marsh Creek. If Bernard Road is extended OcrO38 K88rgh ^ =--'Creek, t4oapplicant will be required toconstruct trails from the south and from the north of Bernard Road to the Ma/ah Creek trail subject tDthe review of the Public Works Department, Engineering Services Division, the East Bay Regional Park District, and subject to the navi8vv and approval of the Zoning Adminis- trator, The trails shall be also designed to handle anticipated Flood Control District maintenance operations, subject to the review and approval* of the Flood Cont/o| District. Dedicate the necessary easements tOthe Flood Control District for the maintenance access road. � U. Construct the trail frorn Cypress Road to Marsh Creek to East Bay Regional Park District standards, subiecttothe-revievv of the Public Works Department and the review and approval of the Zoning Administrator. The maintenance road crossing at Cypress Road shall be subject t8the review and approval of the Flood Control District. V. Prior to filing the final nnnp' record an 8aSonnont Of access rights over Meadowlark Lane to provide access to the property to the South (Subdivision 5946) and show proof o/ recorded e@senn8ntri0ht ofaccess tothe roads in Subdivision 5945. � 12 W. Prior to filing the final map, contribute this development's fair share towards the following improvements, identified in the June 19, 1992 Traffic Impact Study by DKS Associates, as needing additional mitigation. The applicant's share of these improvements shall be based on the number of approved units in this development divided by the anticipated number of approved units within the Oakley/N. Brentwood AOB boundary now and the year 2000. This condition of approval will be satisfied if the Oakley/N. Brentwood AOB is updated to include the improvements referenced above. SR 160/SR 4 Northbound approach off-ramp requires double right turn lanes. Neroly Road/SR 4 Eastbound approach requires separate right turn lane. Empire Avenue/Lone Tree Way Install a traffic signal. X. Driveways on streets with grades less than 8% shall be designed and constructed to allow for handicap access in accordance with Title 24. ADVISORY NOTES A. 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. 90-118) 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 fish and wildlife resources, per 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 Oakley/N. Brentwood Area of Benefit as adopted by the Board of Supervisors. E. The applicant will be required to comply with the drainage fee requirements for Drainage Area 52D as adopted by the Board of Supervisors. F. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. . . . ' ' 13 _ G. Comply with the requirements of the koohouse Sanitary District. H. Comply with the requirements of the Health Services Department. \. Comply with the requirements of the Liberty Union High School District. J. Comply with the Oakley Fire Protection District. K. The applicant will be required to pay an environmental review fee of $1 ,050.00 for the Department OfFish & Game 81the end o/ the appeal period. Failure tndoSowill result in fines. In addition, the approval isnot final or vested until the fee io paid. Acheck for this fee shall be submitted to Contra Costa County for submittal with the final anvirnnrnenta| dncunnentn. L The applicant is advised that the tax for the police services district is currently set by the Board of Supervisors at $200 per parcel annually (with appropriate future Consumer Price Index [CP)) ad'ustrnents). The annual fee iusubject tomodification by the Board of Supervisors in the future. Thff-current fee for holding the election is $800 and in also subject to modification in the future. The applicable tax and fee ornoonta will be those established by the Board at the time of voting. M. This project iasubject tothe development fees ineffect under County Ordinance as of September 10' 1992, the data the vesting tentative rno0 application was accepted as complete by the Community Development Department. These fees are in addition to any other development fees which may be specified in the conditions Of approval. The fees include but are not limited to following: Park Dedication: $1 '350 per residence. ^ An 8sbrnato of the fee charges for each approved lot may be obtained by contacting the Building Inspection Department atO4G'49S2. RMP/aa RZ}{\){/2881'RZC.RP - 4/18/83 5/3/83 ' EC(a) ' ` l ISVI N G7 EXK2$=T w o (P o ° `° m p Z CD o o a n n A oD3 3 m o D � m cs -0 S o m _ o a w �, o 0 2 O� O (D 'O CD O N @ �G i O CD O ; O OU o O -• O N a <D O CD CD fl �_ @ N O. O SD Sv. cP CS O O CP J o J n N O N N O Q n D N (D 7 a CD n N N O CD O �: ¢ N CaD CD +G O , a .� N CD a O CD C7 0 - O 9 CD N O CD .(D p) G O- O �j N �• n a _ 3 CD ? �. s O CD c (P ? o (P o Z N CD w O ro N, 5N a w. 'o 0 N S, p O O W (P CD I'D ' CD ..d0 K 0 (D (�(1 o mss• o C�n o6. CDo � til o imD 13 O o a o Oo 3 0_ a a `D �► CP 3� CD CD 'O CD �. CD CD (P 0- i N N t3 n G 0 G r a C1 N. N CDD 4 9?. 0 D Q -� ° d 3CD Z r►r c 4a Nm c .1saOo o aD . % OOc.( CDo - VD O D ? o o CD G N mo S CDa, _ O N -_TN Z a � O � N 0NNA cP CD N 4 y TwNco a 4 ' "c _mCnmZNam m m pp p p►•Q � o a R° t3 C. ° go -1 G) N tD O -+�1 M "d 0 p O N G IDCD i N CD 0 CD 3 (P 'n G a O N ct?, C1 n L A 3 (P 7 4• cOo C7 0 O 0 - O D Z O - N 7 N ✓ i„ O i O QS 0 .' a U� a n c 'm m CDa o ' 0 0 ° _ n o `' 'v n rn � 0G Ar- .� o N o 03 O 0 4 n Wn C� -o .a -n -o '� 2 p �.0o' � p Z 'Z 0 o ? LO -n G� o m 3 Leo o n CD o Z cv - -p D 0 c1N Q LO 'c cu CD o. 3 -a o 3 o 0 0 " 3 D O 0p `G CD 3 -� O 3 O N 7. to CD L O s N Z CSD N -5 ^� CD 7 CD W Cv -0 _ � O N O . 'O CL N O. O � —ID' Z 3 n( 0) CD ,o -« � m ?� o — CD co CD y o- CD a _ 0 C CD CD N 'o L- tP O :T1 C)CD �. OL Z CD CD a N G m D CO in go m r o (D s o m, n a. ri ° t) �t c CD to N �, CD Z Do o a o w 40 o 3 p :n, � -,, m 90 IF , `D Z 77 m O O -n Q to O CD a o CD �% m�.++ -0 0 0- No .0 0 O Oma, CG7 7 CD cpCD (o OTIP CD 3 � :. U- 0 Q m o u? CD D 3 m 3 o co CD 0 3 � � N w o o 0 Z D Z 4 -� o a 0 c .t N n 7 0 . ` ` - Agenda item -34 �� ' Community Development ' Contra Costa County EAST COUNTY REG|ONALPL&NN|NGCOMKA|GSK]N . - LINTRODUCTION 3 C's DEVCO (Applicant) - ROGER-T. PROCTOR (Owner), County File #2991'RZ: The applicant requests approval to rezone 21.09 acres from General Agricultural Chuthot (A-2)to Planned Unit District (P'1) in order to conform to Contra Costo County General ' Plan (1991) pDUoi8n. 3 C's DEVCO (Applicant) - ROGER T. PROCTOR(Owner), County File #3O11-92: The applicant requests approval to construct 145 single family residences and associated site improvements. ^ SUBDIVISION 7797 (Applicant: 3 C's Devoo) <Dvvnar Roger T. Proctor): The , applicant requests approval to subdivide 21.09 acresinto 145 single family residences. Subject property for the above referenced projects in3d9SCripbv8paroe| |ooat8d at the southeast corner of Cypress Road and Almond Avenue, in the Oakley area. (4-2) (Z/\: H-28) (CT 3020.00) (Parcel #033'022-010) U. RECOMMENDATION ' Staff recommends that the Planning Commission naoornnnends that the Board of . Supervisors approves the Rezoning 2981-RZ and Final Development Plan. 3011'92. Staff r000nmrnendsthat the Planning C0mrniomnn approve SUB #7787' subject tothe attached Conditions of Approval and the approval by the Board of Supervisors of the Rezoning and Final Development Plan. ' U|. GENERAL INFORMATION ' A. Contra Costa County General Plan - 1891 designation EUng|a Family Residential-Medium Density, 7.3 to 11 .9 du/o8raorS. B. A,2 ' 5acre minimum p6rcelsize. C. CEQA Status: ANegative Declaration was posted nnSeptember 17' 1S92for County File #2991'RZ' 3011'82. and SUB 7787. Mitigation measures have been agreed with by the applicant and owner as set forth on pages 7 of the Initial Study. ' - - . . ' ^ D. Regulatory Program ' 11 Subject site is within 2flood zones. ApnmdOn of the site is in Flood Zone A' areas ofa 1OO-yoarflood. A portion of the — site iain Flood Zone C, areas ofminimal flood' 2) Active Fault Zone: Site ianot within anknown active earthquake zone. 3) Site iawithin anSOdBAnoise control zone. 4) Site ianot within 2,000feet ofahazardous waste Site. r 5) This site is not within e redevelopment district. E. Prior Applications: 1> Approved rezoning from- A,2to P-1. 2> : Approved Final Development F1oh''ror 146h6—`=-'itea. ` 3> SUB 6913: Approved major subdivision for 146 ponce|s. |V. SITE DESCRIPTION This site is a 21 .O9 ocmo parcel unique in that it is bounded on the northeast by the A.T. & S.F. Rai|road, on the northwest by the Marsh Creek Flood Control Channel and finally, to the north by Cypress Road and to the south by the previously approved subdivision. The site itself isosandy grassy knoll currently used as pasture with an - existing residence onit. ` The—project's teTrain is mostly f|at, vvith low, rolling hills of Sand that extend 20 - 3[] feet above the plain. Much of the site was formerly an almond orchard. Though the trees were removed, several trees have ro'enmmrged. There are several grape vines located at the southeastern boundary of the property. The site is covered with grasses, vvaada' and a few trees. Included among the plants are several types of annual and perennial grasses and horbascousplants such wowild oats (Avena Fatua) and star thistle (Centrausia eo|atritia|ia). A fgvv ornaU oak saplings are interspersed throughout the property. A |ovv place along the northeast boundary contains asmall willow grove. � V. Adjacent land uses on the opposite side of the parcel boundaries include open field to the north and a few scattered residences on the west. A dense, SrnaU lot, develop- ment of about 230 residences is located south of the site. /\ convenience market is located west ofthe sito_on CyprAmo Road. The East Bay Regional Park District's trail is located westerly Vfthe site along the K88rSh Creek Flood Control Channel. ' ' 3 ^ ' Vi PROPOSED PROJECT The applicant isproposing to subdivide this site into 145single family residential units. ' The units proposed are one and two story residences between 1,200- and 1 ,700 square feet. Side entry garages should beprovided for 2596ofthe units and setbacks for the units varied between 17l6to25feet. Also proposed onthe site are detention basins, osmall belt oflandscaping and precreational vehicle parking area. There will be a staging area north of the parcel for the East Bay Regional Park District onFlood Control property. The applicant will provide apedestrian crossing onCypress Road via the trail. \4|. AGENCY COMMENTS A. Memoranda dated May 29' 1882 and September 18' 1992 (see attachments). B. Memorandum dated-August 25=1992: ., 1) Requires grading permit. 2> Requires soil report. 3) Requires three aa10 of plans (24" x 36^) rnaxinourn size. 4) Application. ' C. Memorandum dated August 31 ' 1992 (see attachment). ^ CL=--' Health � Memorandum dated September 1' 1992. All abandoned vveUo and septic tanks must be destroyed under permit through this division. ' E. Memorandum dated September 3-, 1992 (see attachment). F. Memorandum dated September 11, 1982' The proposed project area has the possibility of containing archaeological resources. A study is raoonnnnandod. G. Memorandum dated September 3O' 1992 (see attachment). H. Memorandum dated March 8, 1893(oae attachment). ' - - ' . . - ` 4 ' ViU. SOIL AND GEOLOGICAL CONSIDERATION The County U.S.G'S. Quad Overlay System No. 3 indicates that a portion of the site is vvithin moderate to high levels of liquefaction. A Geotechnical Investigation Proposed Subdivision Cypress Road and K4anyh Creek byJ' H. 0einfe|der & Associates dated January 21 , 1987 was submitted for SL}8 6813 and was reaffirmed for SUB 7787 on September -1 1. 1992 by the consultant. Pages 4 through 8 outlines recommendations ofhow to mitigate potential impacts. However,there are limitations to the conclusions and recommendations based on alterations to the design or 0nyda. change is implemented which naturally alters the project, variations in the soil conditions or ground water elevation. All of which may require additional studies, consultation and possible design revisions. |)(. DERAILMENT STUDY A study was prepared by Kaiser Engineers on June 1, 1981 regarding the effect of e ` trail derailment on the project immediately to the south of this site. The report was � based on railway traffic of 24 daily trains-with an average-speeddof 6a��Jp.H. The residences on this site are located approximately 75 to 1OD ± fromthe center of the ` tracks, unlike the structures addressed in the originul derailment study. In the event of m derailment, according to the study, the ''band width" depends on the force of impact, but good "rule'of-thunnb" is 85 ' 7Ofeet from the track. This is a discussion of an extreme ai1uation, and one which the report makes the following statement: "The probability of trail derailment on the above described A.T. and S.F. track adjacent 1uthe proposed mnobiiehorne park cannot be quantified. However, the existing physical condition of the ^ track, the current train operation and the fact that the track\a on � atangent without turnouts would indicate that the probability of ^ ^=--e train devai|nmanton this segment of A.T. and S.F. railroad track is nninirnai^ /\ letter from ICF Kaiser Engineers dated July 31 ' 1982 reaffirming mitigations in letter to Paul Krugar dated 1981 on Potential Railroad Derailment Impacts along the A.T. and S.F. alignment in Oakley, C/\ for Delta Point property. ' . Staff recommends the project be approved with two conditions regarding the preparation of specific recommendations'and a structure 8a1boCk of 75 feet from the centerline of the railroad tracks. ' X. FLOOD ZONE The opp|io8nt has provided on the tentative map pad elevations of 20 feet, a storm drainage pipe ayatorn, and detention basins to mitigate flood zone. Therefore, applicant hos complied with FEMA regulations to mitigate developments in Rood Zone A. The detention basins on Lot B and Lot C are to be hydromaed8d and fenced. - . . ' 5 ' Across Cypress Road slightly west ofthe proposed project is proposed staging area for E8RPD-trai| along Marsh Creek Channel, on Parcel #035'282-029 ovvnad bytha Contra Costa County F{bod Cohtro\ Di§thot. Steffieruoornrnending that-theapp|icant ' install achain link fence with plastic slats along the K4oreh Creek trail. X|. ACOUSTICAL REPORT ' A report prepared by VVi}oVn. |hhg & /\aaooiotea dated September - ' 1987 on acoustical evaluation of trail noise at Delta Point outlines mitigations on potential noise impacts. Contra Costa County's General Plan 'Noise Element specifies o goal of ��NEL GO as the desired maximum exterior noise |ave| for new residential developments. For the measurements, locations, clearly the existing noise |avm\n due to train activity exceed this goal. The report evaluated the effect of building a sound barrier along the eastern property line of the project. The proposed barrier i be a solid vva|Lxubich-s,8 fza-`high. The report considered this to be the minimum height sound barrior, which would produce ^ an effective noise reduction. , According to the report, the sound barrier should extend the full length of the eastern property line of the project, along all the northern property line, except for the break atthe Delta Point,Road, and along the southern property line for adistance ofatleast 400 feet, unless a neighboring sound barrier wall tuthe south provides equivalent train noise protection for this side of the project. - - ' Based on the report measurements the amount of reduction with the proposed sound barrier is 7 db. � ' ' | evaluation of thgbui|ding shall of the proposed homes would require an additional report. It is expected that the window facing of the homes closest to the railroad tracks will need to be other than standard construction, considering the high |eva|S of train noise. ' Staff recommends that the applicant build a masonry vvoU according to the recommen- dations outlined in the above mentioned report as per OMAC Guidelines. ` XU' ARCHAEOLOGICAL SURVEY REPORT A report was submitted to Contra Costa County prepared by EB/\SC(] Environmental 'dated October, 1992 on Cultural,Resources-Survey Of the Delta Point Project. The entire project parcel was surveyed by a one-person field oravv walking parallel transects spaced 15 meters apart. The survey resulted in the discovery and recording of one historic site, e ranch complex, given the field number of DP-1. The site consists of a barn, 3 shed, 8 SrnaU animal coop, and m house site. The most prominent feature of the site is a one.-story barn with two side bays. ' ` 8 ' The Delta Point Project would significantly affect historic site DP-1. According to the CEQAGuidelines criteria, the OP'1 does not qualify oaanimportant cultural rea�Vroe. |t|ackaneoognizedai8ni� � c� ceorsoienti�ohnpor��noe. |tdoes no�h�veany a ' oia| qualities such as oldest or best example of its kind' |tiSnot 100 years old or nnorg, and does not apparently involve important research questions. The ranch lacks on obvious association with e historical person, building, vim significant anuhaao|oQio$| feature having the potential to yield valuable scientific information. ' ' ){U|. STAFF CONSIDERATIONS A. The site is located in an area which is designated for urban development otsuburban densities. The site islocated . within all planned service districts of municipal utility/service agencies. U. Tha proposed lots are typicuUy4Ofeet by 100 feet' having onoverall average nf4'5OOsquare feet. Lot 37iothe largest with 7,250 square feet. Lot 41 is the urnoUast of 3.640 square feet. The typical setbacks will vary from 17.5 to.7-25 feet. The lot~development-for building location is to be similar to that required by the single family residential R'8 ^ zoning. This development may take access from within Cypress Road or an extension of Bernard Road over Marsh Creek Channel. Either ooceaa loads onto on internal circulation system consisting ofprivate looped streets shown on the tentative map as Delta Point Road' East Point' Delta Landing and Delta Point Court. Internal parking and sidovv8\kS shall be provided on one side Of the street. - - C. The development is e very dense ^ =--' conwantLooa| style fa0mi|y--residential development with' approximately 8.5 dw-elling units per acre. The |oTo are generally around 4'500 square feet in sire. Parking bays will be provided for additional nn'mtreetVerking. In reviewing this development and considering the fact that it is very dense project, staff recommends that a variety of elevations be built along the east side adjacent to the railroad tracks and along the west side adjacent t0the Marsh Creek Channel and proposed EBRPO trail. There is a desirability of spreading out avariety of oinQ|a story residences to account forVna'third of development m|VnQ the east and vvamt side. This change would have the effect ofreducing the perceived density. D. Landscaping and Recreation: Staff isrecommending that the applicant submit alandscape plan 10provide for accent trees and vegetation. The lettered lots are tobeopen space landscaped areas for local use. The applicant has agreed that Lot A be developed as a small tot lot suitable for use by the local residents. It should be equipped with a play area for srnoU children and include benches. . . . 7 ' E. Trail System: Staff recommends that otrail be developed toconnect the tot jot on Lot A, Lot B and Lot C areas with the East Bay Regional Park District trail that runs along the Marsh Creek Flood Control Channel. The Marsh Creek trail has been improved. The Marsh Creek trail, subject tothe approval ofthe East Say Regional Park District, and County Flood Control District, should be landscaped bythe developer with a scattering qfnative oak trees Orother trees . that would be found within this area of Oakley and along,acreek. The park district would have to accept the trees for maintenance after the unusual warranty period. F. S,�� ff recommends that the ooundvvuU located along Cypress Road be a suitable concrete block wall rather than pre'oastrnaannry aoundvvoU proposed. Masonry vvmUw generally have a better appearance and ' can be designed with a step in and step out situation providing o more interesting atreetscape appearance anwell asprovide for additional space for landscaping. The landscaping strip along Cypress Road needs tVba 15 feet wide with a 5 foot wide meandering sidewalk west of the north/south public street. � As mentioned above, the site's frontage with the railroad needs to be suitably fenced with a masonry wall of approximately 8 feet of height from the Cypress Road over-crossing tothe southeast corner Ofthe site and be extended west along the southerly property line for proper noise reduction. |ffeasible, the side wall facing the railroad tracks should be covered with a sound reducing material to reduce reflected sound waves tVthe east. The Marsh Creek frontage nfthe site needs tobefenced with oaoitab|aGfoot- tall high chain (ink fence with wood Or plastic slats that are acceptable to the park district. The openings to the Marsh Creek trail connecting Lot A, Lot B ^ and Lot C to Marsh Creek trail should only b8wide enough SVthat persons with motor bikes ~- xvnu|dnot beable tmpass through, but aperson with abicycle or wheel chair could easily pass through ifthey wish to. ` The fanclng of the site should be designed to stand up in the soil for a reasonable length oftime. |tshould banoted that most mfthe site imnot Deh|i sand, and as much as the Oakley area is, no perhaps in this case all wood fencing would beacceptable aalong ms pressure treated G' x 6" posts are used. � G. Detention.Basins: The applicant indicates that the project vviUprovidafortvvo drainage basins on Lots B and C- The applicant also indicted that the Flood Control District requires both basins be enclosed by o chain link fence with a locked gate so that persons vxUuid not have access during high water levels. HOvVevar' staff iarecommending these basins to bgaccessible during the dry season and landscaped. Staff recommends that prior tnconstruction of this development that a landscape plan be submitted for review and approval of the Zoning Administrator after review and comment by the County Flood Control ' . . . ` 8 ^ District. The landscape plans should show how these areas would beland- scaped and how trails can bedeveloped into the basins. Because of the type, ufuse during the rainy wet season, the boainm-cannot be developed into year long play fields, but with proper landscaping could be an area that people could use aoopen space. ' H. According to the County Demographer, the epoUuanthas submitted mana|ysis ofthe child care demand that is expected to be generated with the construction ofSUB 77B7. Possible mitigation measures have been suggested, however, approved mitigation measures will be finalized when the final map is closer tobafiled. XIV. FINDINGS Staff finds the following: ' A. This applicant does comply with the Rezoning County Ordinances Article 26- 2.1806. ^ B. This application does comply with Final Development Plan, County Ordinance Article 84-66.1 2. C. This application does comply with Plan Objectives, Regulations and Evaluations Article 84'86.14. XV. ROAD AND DRAINAGE CONSIDERATIONS The attached conditions of approval based on the July, 1992 tentative map include road and drainage requirements. The applicant should be fully aware ofthe County ' Subdivision OrLUnance Code requi;enngntmagthey pertain tnthis development. This subdivision contains over 100 lots and, therefore. generates more than 100 peak hour trips. Implementation 4'C of the County General p1en requires o traffic impact analysis for any project vvhioh generates more than 100 peak hour trips. The traffic impact analysis analyzes the surrounding road system and determines the levels of service oftheintersections inaccordance with Measure C (1888). \ncompliance with Measure C,the General Plan includes traffic level of service standards for intersections in the County that are keyed toland use-types. These levels ofservice range from C in rural area, to Din suburban areas and Ein central business districts. The Growth Management element ufthe County's Genera{ Plan states that deve|op- rnen1oennot occur ifthe traffic level ofservice standards are exceeded, unless the - intersection is subject toa finding of special oircunnotancea, or the road is a route of regional significance, or there is e funding rneuhoniorn which will provide the infrastructure improvements needed to bring the level of service into compliance. ' ' - ' ' 9 , In the case of this development, a traffic report was done analyzing the level of service of the nearby intersections under existing conditions and under future conditions (year 2000)' The traffic rob- - -dated' Juno l8' 1982 was entitled "Six Residential Subdivisions in Oakley". The traffic report analyzed 21 intersections. All but five of these intersections will beincompliance inthe year 20OO' assuming improvements programmed inthe County's Capital Road Improvement Program (CR|P) are construc- ted. Ten of the 21 intersections will need improvements, all but five of which are funded bythe Area nfBenefit and programmedinthe C8|p' The in'ersect'^nathat will not be in compliance, and the mitigation measures outlined in the traffic study needed to bring them into compliance, are aafollows: ' J SR 160/SR 4: northbound approach double right turn lanes. GR4/Nero|y Road: eastbound approach separate right turn lane. SR4/LOnaTree Way: signalize. Empire Avenue/Lone Tree Way: signalize. . Vasco Road/Marsh Creek Road: signalize. As a reou|t, in order to allow this project,,,to move forvvanj.,,Pla 0ƒ tngm must occur: (1) the Area of Benefit would have to be revised to include funding for these .~ four projects, and these four projects would have tobe added 1nthe CR|P; or (2) this project would have to contribute its fair share of the cost to construct the four unfunded projects, in proportion to the number of units anticipated to be improved between now and the year 2000. Subdivision 7030was one mfthe subdivisions that was also included inthe traffic report and the first one considered by the East County Regional Planning Commission. The Commission modified the conditions of approval for Subdivision 7630 to exclude ' intersections that are outside mfthe Oakley area. Staff concurred with this assessment for two of the intersections. The SR 4/Lone Tree Way intersection is proposed for e ` finding ofspecial circumstancesin the General Plan, and is in the Brentwood city limffi-,'and Brentwood agrees to fund the signification of this intersection. The Vasco Road/Mash Creek intersection is well south of the Oakley area and staff concurred that this intersection should be funded with out East County A(]B. During the discussion on the motion to approve Subdivision 7630, the Commission expressed their desire not to improve intersections that lie within the sphere of influence of Antioch or Brentwood. The remaining three intersections do lie within these spheres ofinfluence. This results inthesubdivisions not contributing toany Of the identified intersection improvements that are needed tomaintain the minimum LOS in the Oakley area. ' ' The Board of Supervisors considered the recommendation of the Commission and the requirements of the Growth Management Element of the General Plan. The Board approved Subdivision 7630 with the requirement to contribute towards Oakley's share of the cost toimprove the following intersections: ' - ` 10 ^ SRl6O/SR4 SR4/N8ndyRoad Empire Avenue/Lone Tree Way ' XVI. CONCLUSION Based upon the-above report, staff natonmn`endm that the Planing Commission recommend to the Board of Supervisors approval of the Rezoning (2981'RZ) and the Final Development Plan (D.P. 3011-92) subject to attached Conditions of Approval. c Staff reoOn)rnenda that the Planning Commission approve SUB 7737, subject to the attached Conditions of Approval and approval by the Board of Supervisors of the Rezoning and Final Development Plan. RMP/aa SU8XU/7797.RP 4/1G/g3 ' � ' cs y 1- Owl f t I ` • .� `•'j I!: + �; is �}! ��: !i 1. 1 ; �,i ' , ., ; •' il...h\ �•'�•��' is _ 1'`i I r� California Environmental Quality Act NOTICE OF Completion of Environmental Impact Report E Fx_xx_1 Negative Declaration of Environmental Significance E CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 PINE STREET NORTH WING-4TH FLOOR MARTINEZ,CALIFORNIA 94553-0095 2031 Rose Marie Pietras Telephone: (41 5) 646- Contact Person Project Description and Location: 3 C's DEVCO (Applicant) - ROGER T. PROCI'`OR (Owner), County File'-4266-1-RZ: The applicant requests approval to rezone 21.09 acres from General Agricultural District (A-2) to Planned Unit District (P-1) in order to conform to Contra Costa County General Plan (1991) policies. 3 C's DEVCO (Applicant) - ROGER T. PROCTOR (Owner), County File #3011-92: The applicant requests approval to construct 144 single family residences and associated site improvements. SUBDIVISION 7797 (Applicant: 3 C's DEVCO) (Owner: Roger T. Proctor) The applicant requests approval to subdivide 21.09 acres into 144 residential lots for the purpose of constructing the 144 single family residences. Subject r'operty forthe above referenced projects is a descriptive parcel located at the southeast corner of Cypress Road and Almond Avenue, in the Oakley area. (A-2) (ZA:H-26) (CT 3020.00) (Parcel #033-011-016) THIS IS A NOTICE OF STAFF'S DETERMINATION OF THE ENVIRONMENTAL IMPACT OF THE ABOVE PROJECT. YOU WILL BE FURTHER NOTIFIED OF THE PROJECT'S HEARING DATE WHERE YOU CAN COMMENT ON THIS DETERMINATION AND THE PROJECT IF YOU WISH. See Mitigation Measures. The Environmental Impact Report or Justification for Negative Declaration is available for review at the.address below: Contra Costa County Community Development Department 4th Floor, North Wing, Administration-Ruilding 651 Pine Street Martinez, California Review Period for Environmental Impact Report gative Declaration: -" �C( a--- thru �— By - AP 9 R 12/89 Community Devi opment Department Representative